Walker et al v. North Las Vegas Police Department et al

Filing 110

ORDER Granting 109 Stipulation To Discovery Disclosure Deadlines Set Forth in Scheduling Order ( Discovery due by 2/3/2017, Motions due by 3/6/2017, Proposed Joint Pretrial Order due by 4/4/2017.) Signed by Magistrate Judge Nancy J. Koppe on 10/6/2016. (Copies have been distributed pursuant to the NEF - DL)

Case 2:14-cv-01475-JAD-NJK Document 109 Filed 10/05/16 Page 1 of 10

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Margaret A. McLetchie, NBN 10931
Alina M. Shell, NBN 11711
MCLETCHIE SHELL LLC
701 East Bridger Ave., Suite 520
Las Vegas, NV 89101
Telephone: [phone]
Jennifer L. Braster, NBN 9982
MAUPIN NAYLOR BRASTER
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
Telephone [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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THOMAS WALKER, an individual, and
CATHY CATALDO, an individual

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Case. No.: 2:14-cv-01475-JAD-NJK

Plaintiffs,
vs.

STIPULATION TO DISCOVERY
DISCLOSURE DEADLINES SET
FORTH IN SCHEDULING ORDER
[ECF No. 106]

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CITY OF NORTH LAS VEGAS, OFFICER
PAUL MAALOUF, individually and in his
official capacity as a North Las Vegas Police
Department Officer, OFFICER TRAVIS
SNYDER, individually and in his official
capacity as a North Las Vegas Police
Department Officer,

(Ninth Request)

Defendants.

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Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective

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counsel of record, hereby stipulate and request that this Court extend discovery in the

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above-captioned case sixty days (60) days, up to and including February 3, 2017. In

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addition, the parties request that the dispositive motions and pretrial order deadlines be

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extended for an additional sixty (60) days as outlined herein. In support of this Stipulation

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and Request, the parties state as follows:

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Case 2:14-cv-01475-JAD-NJK Document 109 Filed 10/05/16 Page 2 of 10

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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1.

On September 12, 2014, this action was commenced by filing of the First Amended

Complaint.
2.

On November 12, 2014, Defendants filed their Answer to Complaint and Demand

for Jury Trial.
3.

On December 30, 2014, the Stipulated Discovery Plan Discovery Plan and

Scheduling Order was filed.
4.

On January 2, 2015, Plaintiffs produced their Initial Disclosures of Production of

Documents.
5.

On February 6, 2015, Defendants produced their Initial Disclosures of Production

of Documents.
6.

On February 13, 2015, Plaintiffs propounded their First Set of Requests for

Admission to Officer Maalouf.
7.

On February 13, 2015, Plaintiffs propounded their First Set of Requests for

Admission to Officer Snyder.
8.

On February 13, 2015, Plaintiffs propounded their First Set of Requests for

Admission to North Las Vegas Police Department.
9.

On February 13, 2015, Plaintiffs propounded their First Set of Requests for

Production of Documents to North Las Vegas Police Department.
10.

On February 23, 2015, Defendants propounded their First Set of Interrogatories to

Cathy Cataldo.
11.

On February 23, 2015, Defendants propounded their First Set of Interrogatories to

Thomas Walker.
12. On February 23, 2015, Defendants propounded their First Set of Requests for
Production of Documents to Cathy Cataldo.
13.

On February 23, 2015, Defendants propounded their First Set of Requests for

Production of Documents to Thomas Walker.
14.

On March 6, 2015, Plaintiffs produced their First Supplement to Initial Disclosures

and Production of Documents.

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Case 2:14-cv-01475-JAD-NJK Document 109 Filed 10/05/16 Page 3 of 10

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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15.

On May 18, 2015, Plaintiff Cathy Cataldo provided her Responses to Defendants’

First Set of Interrogatories.
16.

On May 18, 2015, Plaintiff Thomas Walker provided his Responses to Defendants’

First Set of Interrogatories.
17.

On May 18, 2015, Plaintiff Cathy Cataldo provided her Responses to Defendants’

First Set of Requests for Production of Documents.
18.

On May 18, 2015, Plaintiff Thomas Walker provided his Responses to Defendants’

First Set of Requests for Production of Documents.
19.

On May 18, 2015, Plaintiffs produced their Second Supplement to Initial

Disclosures and Production of Documents.
20.

On May 18, 2015, Defendant Officer Maalouf provided his Responses to Plaintiffs’

First Set of Requests for Admission.
21.

On May 18, 2015, Defendant Officer Snyder provided his Responses to Plaintiffs’

First Set of Requests for Admission.
22.

On May 18, 2015, Defendant North Las Vegas Police Department provided their

Responses to Plaintiffs’ First Set of Requests for Admission.
23.

On May 18, 2015, Defendant North Las Vegas Police Department provided their

Responses to Plaintiffs’ First Set of Requests for Production of Documents.
24.

On June 19, 2015, Plaintiff Cathy Cataldo provided her First Supplement to

Responses to Defendants’ First Set of Interrogatories.
25.

On June 19, 2015, Plaintiff Thomas Walker provided his First Supplement to

Responses to Defendants’ First Set of Interrogatories.
26.

On June 19, 2015, Plaintiff Cathy Cataldo provided her First Supplement to

Responses to Defendants’ First Set of Requests for Production of Documents.
27.

On June 19, 2015, Plaintiff Thomas Walker provided his First Supplement to

Responses to Defendants’ First Set of Requests for Production of Documents.
28.

On June 19, 2015, Plaintiffs produced their Third Supplement to Initial Disclosures

and Production of Documents.

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Case 2:14-cv-01475-JAD-NJK Document 109 Filed 10/05/16 Page 4 of 10

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29.

On July 30, 2015, Defendants provided their Amended Response to Plaintiffs’ First

Set of Requests for Production of Documents to North Las Vegas Police Department.

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30.

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Documents.

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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On July 30, 2015, Defendants produced their Initial Disclosures of Production of

On September 23, 2015, Plaintiffs propounded their Second Set of Requests for

Production of Documents to North Las Vegas Police Department.
32.

On September 23, 2015, Plaintiffs propounded their First Set of Requests for

Production of Documents to Officer Maalouf.
33.

On September 23, 2015, Plaintiffs propounded their First Set of Requests for

Production of Documents to Officer Snyder.
34.

On September 23, 2015, Plaintiff Thomas Walker propounded his First Set of

Interrogatories to North Las Vegas Police Department.
35.

On September 23, 2015, Plaintiff Thomas Walker propounded his First Set of

Interrogatories to Officer Maalouf.
36.

On September 23, 2015, Plaintiff Thomas Walker propounded his First Set of

Interrogatories to Officer Snyder.
37.

On September 29, 2015, Defendant North Las Vegas Police Department provided

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its First Supplement to Responses to Plaintiffs First Set of Requests for Production of

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Documents.

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38.

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On October 22, 2015, Plaintiff Cathy Cataldo provided her Second Supplement to

Responses to Defendants’ First Set of Interrogatories.
39.

On October 22, 2015, Plaintiff Thomas Walker provided his Second Supplement to

Responses to Defendants’ First Set of Interrogatories.
40.

On October 28, 2015, Defendants produced their Second Supplement to Initial

Disclosures of Production of Documents.
41.

On October 29, 2015, Defendants produced their Third Supplement to Initial

Disclosures of Production of Documents.

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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42.

On October 29, 2015, Defendants submitted documents to the Court for in camera

review pursuant to Court Order (Doc. # 37).
43.

On November 9, 2015, Defendant North Las Vegas Police Department provided its

Responses to Plaintiffs’ Second Set of Requests for Production of Documents.
44.

On November 9, 2015, Defendant Officer Maalouf provided his Responses to

Plaintiffs’ First Set of Requests for Production of Documents.
45.

On November 9, 2015, Defendant Officer Snyder provided his Responses to

Plaintiffs’ First Set of Requests for Production of Documents.
46.

On November 9, 2015, Defendant North Las Vegas Police Department provided its

Responses to Plaintiff Thomas Walker’s First Set of Interrogatories.
47.

On November 9, 2015, Defendant Officer Maalouf provided his Responses to

Plaintiff Thomas Walker’s First Set of Interrogatories.
48.

On November 9, 2015, Defendant Officer Snyder provided his Responses to

Plaintiff Thomas Walker’s First Set of Interrogatories.
49.

On November 9, 2015, Defendants produced their Fourth Supplement to Initial

Disclosures and Production of Documents.
50.

On November 19, 2015, Plaintiffs produced their Fourth Supplement to Initial

Disclosures and Production of Documents.
51.

On November 19, 2015, Defendants submitted additional documents to the Court

for in camera review pursuant to Court order.
52.

On December 11, 2015, Plaintiff Thomas Walker provided his Second Supplement

to Responses to Defendants’ First Set of Requests for Production of Documents.
53.

On December 11, 2015, Plaintiff Cathy Cataldo provided her Second Supplement

to Responses to Defendants’ First Set of Requests for Production of Documents.
54.

On December 11, 2015, Plaintiff Thomas Walker provided his Third Supplement

to Responses to Defendants’ First Set of Requests for Production of Documents.
55.

On December 11, 2015, Plaintiff Cathy Cataldo provided her Third Supplement to

Responses to Defendants’ First Set of Interrogatories.

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56.

On December 11, 2015, Plaintiff Cathy Cataldo provided her Third Supplement to

Responses to Defendants’ First Set of Requests for Production of Documents.
57.

On December 17, 2015, Defendants propounded their Second Set of Interrogatories

to Plaintiff Thomas Walker.
58.

On December 17, 2015, Defendants propounded their Second Set of Interrogatories

to Plaintiff Cathy Cataldo.
59.

On December 17, 2015, Defendants propounded their Second Set of Requests for

Production of Documents to Plaintiff Thomas Walker.
60.

On December 17, 2015, Defendants propounded their Second Set of Requests for

Production of Documents to Plaintiff Cathy Cataldo.
61.

On December 17, 2015, Defendant North Las Vegas Police Department provided

ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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its Second Supplemental Responses to Plaintiffs’ First Set of Requests for Production of

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Documents.

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62.

On December 17, 2015, Defendant North Las Vegas Police Department provided

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its First Supplemental Responses to Plaintiffs’ Second Set of Requests for Production of

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Documents.

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63.

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On December 17, 2015, Defendants provided documents pursuant to Order

Granting in Part Plaintiffs’ Motion to Compel (Doc. # 46).
64.

On December 28, 2015, Defendant North Las Vegas Police Department provided

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its Second Supplemental Responses to Plaintiffs’ Second Set of Requests for Production of

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Documents.

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65.

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On December 28, 2015, Defendants produced their Fifth Supplement to Initial

Disclosures and Production of Documents.
66.

On January 5, 2016, Plaintiffs produced their Fifth Supplement to Initial

Disclosures and Production of Documents.
67.

On January 8, 2016, Plaintiffs produced their Sixth Supplement to Initial

Disclosures and Production of Documents.
68.

On January 13, 2016, Defendant North Las Vegas Police Department provided its

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Third Supplemental Responses to Plaintiffs’ Second Set of Requests for Production of

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Documents.

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69.

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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On January 20, 2016, Plaintiff Thomas Walker provided his Responses to

Defendants’ Second Set of Interrogatories.
70.

On January 20, 2016, Plaintiff Cathy Cataldo provided her Responses to

Defendants’ Second Set of Interrogatories.
71.

On January 20, 2016, Plaintiff Thomas Walker provided his Responses to

Defendants’ Second Set of Requests for Production of Documents.
72.

On January 20, 2016, Plaintiff Cathy Cataldo provided her Responses to

Defendants’ Second Set of Requests for Production of Documents.
73.

On January 20, 2016, Plaintiffs produced their Seventh Supplement to Initial

Disclosures and Production of Documents.
74.

On February 4, 2016, Plaintiffs produced their Eighth Supplement to Initial

Disclosures and Production of Documents.

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Defendants.

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Defendants.

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On February 12, 2016, the deposition of Plaintiff Thomas Walker was taken by the

On February 12, 2016, the deposition of Plaintiff Cathy Cataldo was taken by the

On May 2, 2016, Plaintiffs produced their Ninth Supplement to Initial Disclosures

and Production of Documents.
78.

On May 9, 2016, Defendants served its Seventh Supplement to Initial Disclosures

and Production of Documents.
79.

On May 17, 2016, Defendants served its Eighth Supplement to Initial Disclosures

and Production of Documents.
80.

On May 20, 2016, Defendant City of North Las Vegas served its Third Supplement

to Responses to Plaintiff’s First Request for Production of Documents.
81.

On May 27, 2016, Defendant City of North Las Vegas served its Fourth Supplement

to Responses to Plaintiff’s First Request for Production of Documents.

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82.

On May 27, 2016, Defendant City of North Las Vegas served its Fourth

Supplemental Responses to Plaintiff’s Second Request for Production of Documents.
83.

On June 1, 2016, Plaintiffs produced their Tenth Supplement to Initial Disclosures

and Production of Documents.

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84.

On June 2, 2016, the deposition of Travis Snyder was taken by Plaintiffs.

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85.

On June 3, 2016, the deposition of Paul Maalouf was taken by Plaintiffs.

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86.

On June 20, 2016, Plaintiff Cathy Cataldo served her First Set of Interrogatories to

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Defendant City of North Las Vegas.
87.

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Plaintiffs.

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88.

On August 18, 2016, the deposition of Officer Jason Scarale was taken by Plaintiffs.

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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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89.

On August 19, 2016, the deposition of Officer Ryan Parrish was taken by Plaintiffs.

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90.

On August 31, 2016, the deposition of CSI Wendy Radke was taken by Plaintiffs.

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91.

On September 20, 2016, Defendants produced their Ninth Supplement to Initial

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On July 22, 2016, the deposition of retired Sergeant Mike Waller was taken by

Disclosures and Production of Documents.
92.

The parties have set aside November 14-18, 2016 for the Fed. R. Civ. P. 30(b)(6)

depositions. These dates are subject to change based upon the witnesses’ availabilities.
93.

The parties anticipate that additional written discovery will be necessary.

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DISCOVERY REMAINING

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1.

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discovery.

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2.

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discovery.

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The depositions of all remaining witnesses will be completed by the close of

The deposition of the parties named experts will be completed by the close of

REASONS WHY DISCOVERY WAS NOT COMPLETED
The parties aver, pursuant to Local Rule 6-1, that good cause exists for the
requested extension.

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Defendants recently produced documents that Plaintiffs need to review and

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analyze. Also, some scheduling conflicts may occur due to the upcoming holiday season.

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The parties are currently working together to schedule additional depositions, which are

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pertinent to rebuttal expert disclosures because they concern documents that experts will

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need to review. Further, the parties are in discussion regarding potential mediation options.

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The following is a list of the current discovery deadlines and the parties’ proposed

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extended deadlines:
Scheduled Event

Current Deadline

Proposed Deadline

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Expert Disclosure pursuant to Fed. R. Civ. October 6, 2016
P. 26(a)(2)
Discovery Cut-off
December 5, 2016
Rebuttal Expert Disclosure pursuant to November 4, 2016
Fed. R. Civ. P. 26(a)(2)
Dispositive Motions
January 4, 2017

ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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Joint Pretrial Order

February 3, 2017

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governs modifications or extension of this discovery plan and scheduling order. Any
stipulation or motion must be made no later than twenty-one (21) days before the expiration
of the subject deadline, and comply fully with LR 26-4.
This Request for an extension of time is not sought for any improper purpose or

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other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing
sufficient time to conduct discovery in this case and adequately prepare their respective cases
for trial.
This is the ninth request for extension of time in this matter. The parties respectfully

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March 6, 2017 or at
least thirty (30) days
after the close of
discovery
April 4, 2017 or at
least thirty (30) days
after the decision of
last Dispositive
Motions or further
order of the Court.

Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-4

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No change. Will be
mailed on October 6,
2016.
February 3, 2017
January 3, 2017

submit that the reasons set forth above constitute compelling reasons for the extension.
///

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Case 2:14-cv-01475-JAD-NJK Document 109 Filed 10/05/16 Page 10 of 10

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WHEREFORE, the parties respectfully request that this Court extend discovery in

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the above-captioned case sixty days (60) days from the current deadline of December 5, 2016

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up to and including February 3, 2017 and the other dates as outlined in accordance with the

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table above.

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DATED this 5th day of October, 2016.

DATED this 5th day of October, 2016.

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LEWIS BRISBOIS BISGAARD & SMITH

MCLETCHIE SHELL LLC

/s/ Robert W. Freeman, Jr. Esq.
Robert W. Freeman, Jr., Esq. NBN 3062
Noel E. Eidsmore, Esq. NBN 7688
6385 S. Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Attorneys for Defendants

/s/ Margaret A. McLetchie
Margaret A. McLetchie, NBN 10931
Alina M. Shell, NBN 11711
701 East Bridger Ave., Suite 520
Las Vegas, NV 89101

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and

ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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Jennifer L. Braster, NBN 9982
MAUPIN NAYLOR BRASTER
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
Attorneys for Plaintiffs

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ORDER
IT IS SO ORDERED.

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DATED this 6th

day of

October

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U.S. DISTRICT COURT JUDGE
MAGISTRATE

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, 2016.