Scott et al v. Las Vegas Metropolitan Police Department et al

Filing 35

ORDERED that the parties shall have until 8/23/11 to resolve the number of depositions each side will be permitted to take, and shall reduce their agreement to a stipulation and proposed order. The parties shall have until 8/23/11 to initiate written discovery. See Order for details. Signed by Magistrate Judge Peggy A. Leen on 8/9/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILLIAM B. SCOTT, et al.,

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Plaintiffs,
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vs.
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LAS VEGAS METROPOLITAN POLICE
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DEPARTMENT, et al.,
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Defendant(s). )
__________________________________________)

Case No. 2:10-cv-01900-ECR-PAL
ORDER

The court conducted a hearing on the parties’ proposed Discovery Plan and Scheduling Order

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(Dkt. #32) filed August 1, 2011. Brad Myers appeared on behalf of the Plaintiffs, and Craig Anderson

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appeared on behalf of the Defendants.

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The Complaint (Dkt. #1) in this case was filed October 28, 2010. Plaintiffs William B. Scott

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and Linda G. Scott are the parents and heirs of Erik B. Scott, deceased. Plaintiff William B. Scott is

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also the Administrator of the Estate of Erik B. Scott. Kevin W. Scott is the decedent’s brother. The

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Complaint alleges various claims against the Defendants arising out of the shooting and death of

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decedent Erik Scott at a Costco store in Las Vegas, Nevada, on July 10, 2010. The first Defendant to

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make an appearance was Clark County that filed a Motion to Dismiss (Dkt. #14) on November 19,

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2010. Defendants Costco and Lierley were voluntarily dismissed on January 6, 2011. See Notice of

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Voluntary Dismissal (Dkt. #21).

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On June 8, 2011, the District Judge entered an Order (Dkt. #27) deciding a number of motions

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to dismiss filed by the various Defendants. The order: (1) dismissed all claims against Clark County;

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(2) denied Defendants’ Costco and Lierley’s motion to dismiss as moot; (3) granted Defendant

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LVMPD’s motion to dismiss all claims brought by Kevin W. Scott; (4) granted LVMPD’s motion to

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dismiss Plaintiff’s state law claims for assault and battery; (5) granted LVMPD’s motion to dismiss all

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claims against Defendant Gillespie in his official capacity; and (6) denied Defendant LVMPD’s motion

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to dismiss in all other respects.

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Defendants Gillespie, Mosher, Stark, Mendiola and LVMPD filed an Answer (Dkt. #28) and

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Demand for Jury Trial (Dkt. #29) on June 17, 2011. The parties submitted their proposed Discovery

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Plan and Scheduling Order August 1, 2011. The plan, which does not comply with the requirements of

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LR 26-1(e) requests a July 5, 2012 discovery cutoff, or one year measured from the date the parties

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conducted their Rule 26(f) conference. The court set the matter for hearing because the parties have

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requested substantially longer than the amount of time deemed presumptively reasonable, and because

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the parties did not provide reasons why the additional time was requested, nor a detailed description of

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the discovery that is required.
At the hearing, Brad Myers appeared for Ross Goodman who was in trial. Mr. Myers indicated

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that the parties had requested the July 2012 discovery cutoff because the initial disclosures indicate

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there are approximately 91 law enforcement officers involved in the shooting and follow-up

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investigation, 16 Costco employees have been listed as witnesses, and an additional 29 percipient

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witnesses have been listed by the parties. More than 1,500 pages of discovery have been exchanged.

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Plaintiffs have contacted, but not yet retained, experts in the field of use of force, toxicology and

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pharmacology, and damages. Mr. Myers did not know if the parties had discussed entering into a

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stipulation to take more than ten depositions. Counsel for the Defendants indicated there are

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approximately forty eyewitnesses to the shooting involved in this Complaint, and agreed that both sides

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would need to take more than ten depositions per side. However, counsel had not yet discussed the

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number of depositions needed, or reached an agreement. The Defendants have retained experts.

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Neither side has initiated any written or deposition discovery.

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Having reviewed and considered the matter, the court advised counsel that their proposed plan

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would be approved. However, the court required counsel to initiate written discovery and to meet and

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confer in an attempt to reach an agreement concerning the number of depositions, excluding experts,

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that should be taken. The court also advised counsel that, although the additional time would be

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allowed, the parties must diligently pursue discovery, and that any request for an extension of the

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Discovery Plan and Scheduling Order deadlines will be strictly scrutinized. While the court expects the
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parties to be professionally courteous and accommodate reasonable requests for minor adjustments to

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the deadlines if necessary, any request for an extension shall be supported by a showing a good cause

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and establish that the parties could not meet the deadlines despite the exercise of due diligence.

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IT IS ORDERED that:

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1.

The parties shall have until August 23, 2011, to meet and confer in a good-faith effort to

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resolve the number of depositions each side will be permitted to take, and shall reduce

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their agreement to a stipulation and proposed order. If the parties are unable to agree,

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they shall have until August 23, 2011, to submit a Joint Status Report, stating their

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respective positions with sufficient specificity to enable the court to resolve their dispute.

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2.

The parties shall have until August 23, 2011, to initiate written discovery.

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3.

Any application to extend any date set by the Discovery Plan and Scheduling Order must

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satisfy the requirements of LR 6-1, be supported by a showing of good cause, and be

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filed twenty days before the expiration of the deadline. The application shall also strictly

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comply with the requirements of LR 26-4.

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Dated this 9th day of August, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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