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

Filing 115

ORDER Granting 114 Eleventh Stipulation for Extension of Time re Discovery as amended on p. 12. Discovery due by 6/15/2017. Motions due by 7/17/2017. Proposed Joint Pretrial Order due by 8/16/2017. Signed by Magistrate Judge Nancy J. Koppe on 3/6/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:14-cv-01475-JAD-NJK Document 114 Filed 03/03/17 Page 1 of 12

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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 200
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 EXTEND
DISCOVERY LIMITED TO
DEPOSITIONS AND EXTEND
DISPOSITIVE MOTIONS
DEADLINE SET FORTH IN
SCHEDULING ORDER
[ECF No. 112]

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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,

(Eleventh Request)

Defendants.
as amended on p. 12

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Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel
of record, hereby stipulate and request that this Court extend discovery (for the limited

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purposes set forth herein) in the above-captioned case seventy-two days (72) days, up to and

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including June 15, 2017. In addition, the parties request that the dispositive motions and

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Case 2:14-cv-01475-JAD-NJK Document 114 Filed 03/03/17 Page 2 of 12

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pretrial order deadlines be extended for a corresponding additional seventy-two (72) days as

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outlined herein. In support of this Stipulation and Request, the parties state as follows:

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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.

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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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14.

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

and Production of Documents.
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.

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28.

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

and Production of Documents.
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

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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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Disclosures of Production of Documents.
42.

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

review pursuant to Court Order (ECF No. 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

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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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Responses to Defendants’ First Set of Interrogatories.
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

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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 (ECF No. 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.

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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

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to Responses to Plaintiff’s First Request for Production of Documents.
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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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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88.

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

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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.

On November 15, 2016, the deposition of Animal Control Manager Dale Smock

was taken by Plaintiffs.
93.

On December 19, 2016, Defendants produced their Tenth Supplement to Initial

Disclosures and Production of Documents. Over 7,000 pages were produced.
94.

On February 9, 2017, Plaintiffs served their Second Set of Requests for

Admission to Defendant City of North Las Vegas.
95.

On February 10, 2017, Plaintiff Cathy Cataldo served her Second Set of

Interrogatories to Defendant City of North Las Vegas.
96.

On February 10, 2017, Plaintiff Thomas Walker served his Second Set of

Interrogatories to Defendant City of North Las Vegas.
97.

On February 10, 2017, Plaintiffs served their Third Set of Requests for

Production of Documents to Defendant City of North Las Vegas.

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98.

On February 15, 2017, Plaintiffs noticed a deposition of Defendant City of

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North Las Vegas pursuant to Fed. R. Civ. P. 30(b)(6) for March 8-10, 2017. However,

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the City’s designees are not available on the noticed dates.

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99.

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

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100. On February 21, 2017, Plaintiffs served their Third Set of Requests for
Admission to Defendant City of North Las Vegas.

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101. On March 2, 2017, Plaintiff Cathy Cataldo served her Third Set of
Interrogatories to Defendant City of North Las Vegas.

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102. On March 2, 2017, Plaintiff Cathy Cataldo served her First Set of
Interrogatories to Defendant Officer Travis Snyder.

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 February 16, 2017, Defendant City of North Las Vegas served its Fifth

103. On March 2, 2017, Plaintiff Cathy Cataldo served her First Set of
Interrogatories to Defendant Officer Paul Maalouf.
104. The parties are also working to schedule expert witnesses’ depositions.

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DISCOVERY REMAINING

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The parties intend to complete the following items(and expect to complete them
in the following order:

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1.

Responses to written discovery requests served by email and U.S. Mail on Friday,

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March 3, 2017, will be treated as if hand-served the day served and the deadline for responses

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thereto will be calculated as if hand-served (and thus due on or before the current close of

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discovery date of April 4, 2017).
2.

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data regarding officer shootings of dogs and related policies in other police departments);

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Plaintiff intends to issue limited subpoenas to third parties (seeking comparison

3.

The depositions of all remaining witnesses, including experts and Fed. R. Civ. P.

30(b)(6) witnesses will be completed by June 15, 2017.

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4.

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The deposition of the parties’ named experts will be completed by June 15, 2017.

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PROPOSED EXPEDITED MOTION PRACTICE PERTAINING TO

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DISCOVERY DISPUTES

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The parties hope to resolve any disputes regarding the remaining discovery in

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this matter without the need for court intervention. However, should there be issues the

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parties cannot resolve, they propose the following expedited process:

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1.

Any motions to compel pertaining to remaining discovery (discovery issued by

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Plaintiffs that Defendants have yet to respond to and discovery to be propounded by Plaintiffs

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to Defendants by March 3, 2017) shall be filed on or before April 18, 2017. Any response

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shall be filed by April 28, 2017, and any replies shall be filed by May 8, 2017.

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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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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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After motion work, court orders, and extensive meeting and conferring regarding

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the production of electronically stored information, Defendants produced over 7,000

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documents on December 19, 2016 that Plaintiffs need to review, index, and analyze. That

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review led to additional discovery requests. Further, the review needed to be completed

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before taking Fed. R. Civ. P. 30(b)(6) depositions and expert depositions.

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The parties are currently working together to schedule additional depositions,

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including expert witnesses and Fed. R. Civ. P. 30(b)(6) witness(es). As noted above,

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Plaintiffs previously noticed a Fed. R. Civ. P. 30(b)(6) deposition but Defendant North Las

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Vegas’s designee(s) were not available.

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The following is a list of the current discovery deadlines and the parties’ proposed
extended deadlines:
Scheduled Event

Current Deadline

Proposed Deadline

Written Discovery Cut-off
Discovery Cut-Off

April 4, 2017
April 4, 2017

No change.
June 15, 2017

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Scheduled Event

Current Deadline

Proposed Deadline

Dispositive Motions

May 4, 2017

Joint Pretrial Order

June 2, 2017

July 17, 2017 or at
least thirty (30) days
after the close of
discovery
August 16, 2017 or at
least thirty (30) days
after the decision of
last Dispositive
Motions or further
order of the Court.

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

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

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This Request for an extension of time is not sought for any improper purpose or
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.

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This is the tenth request for extension of time in this matter. The parties respectfully
submit that the reasons set forth above constitute compelling reasons for the extension.

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WHEREFORE, the parties respectfully request that this Court extend discovery
(limited to taking depositions) in the above-captioned case seventy-two days (72) days, up
to and including June 15, 2017 and the other dates as outlined in accordance with the table
above.
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IT IS SO STIPULATED.

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DATED this 3rd day of March, 2017.

DATED this 3rd day of March, 2017.

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LEWIS BRISBOIS BISGAARD & SMITH

MCLETCHIE SHELL LLC

/s/ Robert W. Freeman, 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

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Jennifer L. Braster, NBN 9982
MAUPIN NAYLOR BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Attorneys for 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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ORDER

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NO FURTHER EXTENSIONS WILL BE GRANTED.
IT IS SO ORDERED.

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IT IS SO ORDERED.

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DATED this

6th

March

day of

, 2017.

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UNITED STATES MAGISTRATE JUDGE

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