Plank v. Las Vegas Metropolitan Police Department et al

Filing 17

ORDER re 16 Status Report filed by David Edwin Plank. The parties shall file a Joint Status Report by 9/13/2013 to advise the court as to the status and/or outcome of the criminal case. Signed by Magistrate Judge Peggy A. Leen on 7/5/2013. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:12-cv-02205-JCM-PAL Document 16 Filed 05/06/13 Page 1 of 2 1 2 3 4 5 6 7 8 CAL J. POTTER, III, ESQ. Nevada Bar No. 1988 POTTER LAW OFFICES 1125 Shadow Lane Las Vegas, Nevada 89102 Tel: (702) 385-1954 Fax: (702) 385-9081 KRISTINE K. JENSEN, ESQ. Nevada Bar No. 9302 KRISTINE K. JENSEN, LTD. 3401 West Charleston Blvd. Las Vegas, Nevada 89102 Tel: (702) 822-2772 Fax: (702) 822-2774 Attorneys for Plaintiff 9 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11 ••••• 12 DAVID EDWIN PLANK, 13 Plaintiff, Case No. 2:12-cv-02205-JCM-PAL 14 vs. 15 16 17 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada; OFFICER B. MAYORAL, individually; and JOHN DOES I-X, inclusive, 18 19 Defendants. __________________________________________/ 20 STATUS REPORT REGARDING DISCOVERY STAY 21 COMES NOW, the Plaintiff, DAVID EDWIN PLANK, by and through his counsel, CAL 22 J. POTTER, III, ESQ. of POTTER LAW OFFICES and KRISTINE K. JENSEN, ESQ. and hereby 23 submit this Status Report Regarding Discovery Stay. 24 As provided in the Stipulation and Order to Stay Filing of Discovery Plan and Scheduling 25 Order and Discovery (doc. 14) the Plaintiff’s underlying criminal matter is still pending in the Eighth 26 Judicial District Court, case number C-11-270425-1. 27 28 The criminal case was set for trial on May 6, 2013, but the trial was continued to September 9, 2013. Case 2:12-cv-02205-JCM-PAL Document 16 Filed 05/06/13 Page 2 of 2 1 2 3 4 The Plaintiff requests that discovery in this matter remain stayed until the outcome of the criminal case is determined because of the potential fifth amendment implications. The Plaintiff further requests to file a status report on or before September 13, 2013 to advise this Honorable Court as to the status and/or outcome of the criminal case. 5 The Plaintiff does not request this continuance of the stay for the purpose of delay. 6 DATED this 6th day of May, 2013. 7 POTTER LAW OFFICES KRISTINE K. JENSEN, LTD. 8 9 By /s/ Cal J. Potter, III, Esq. CAL J. POTTER, III, ESQ. Nevada Bar No. 1988 1125 Shadow Lane Las Vegas, Nevada 89102 10 11 12 KRISTINE K. JENSEN, ESQ. Nevada Bar No. 9302 3401 West Charleston Blvd. as Vegas, Nevada 89102 Attorneys for Plaintiff 13 14 15 16 17 18 19 ORDER IT IS ORDERED that the parties shall file a joint status report with the court on or before September 13, 2013, to advise the court as to the status and/or outcome of the criminal case. 20 21 DATED this 5th day of July, 2013. ________________________________ Peggy A. Leen United States Magistrate Judge 22 23 24 25 26 27 28 2

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