Plank v. Las Vegas Metropolitan Police Department et al

Filing 19

ORDER that the stay remains in effect and Plaintiff shall file a status report on or before December 10, 2013. Signed by Magistrate Judge Peggy A. Leen on 10/17/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID EDWIN PLANK,

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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN POLICE
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DEPARTMENT, et al.,
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Defendants. )
__________________________________________)

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Case No. 2:12-cv-02205-JCM-PAL
ORDER

Before the court is Plaintiff’s Second Status Report Regarding Discovery Stay (Dkt. #17). No

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opposition has been filed, and the time for filing a response has expired. However, the parties were

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ordered to file a joint status report

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Plaintiff advises that his underlying criminal matter is still pending in the Eighth Judicial District

17 Court, Case No. C-11-270425-1, and because of fifth amendment implications, requests that discovery in
18 this matter remain stayed until the outcome of the criminal matter in state court is resolved. The court
19 initially granted the parties’ stipulation to stay this civil case until the outcome of the criminal case on
20 April 10, 2013. See, Order (Dkt #15). At that time Plank’s criminal trial was scheduled for May 6, 2013.
21 On May 13, 2013 the parties submitted a status report as ordered indicating that the criminal trial had
22 been continued to September 9, 2013. No reason was given why the trial was continued, or at whose
23 request.
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The current status reports explains that the first continuance occurred because the trial judge

25 ordered the state to provide Brady information to Plank’s counsel, and other information to be submitted
26 for in camera review. The trial was recently continued until December 9, 2013 because the discovery had
27 not yet been provided and the trial judge had not yet conducted the in camera review. Plaintiff asks that
28 discovery remain stayed and that he file another status report on or before December 10, 2013. The court

1 accepts counsel’s representations about why the trial in the underlying criminal case has been continued.
2 As it appears Plank is not delaying his criminal trial, and for good cause shown,
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IT IS ORDERED that the stay remains in effect and Plaintiff shall file a status report on or

4 before December 10, 2013, to advise this court as to the status and/or outcome of the criminal case in
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Dated this 17th day of October, 2013.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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