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

Filing 284

ORDER Granting 283 Stipulation to Continue Trial. Calendar Call set for 7/5/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial set for 7/10/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 2/22/2023. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:14-cv-01584-APG-EJY Document 284 Filed 02/22/23 Page 1 of 2

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

1 Marquis Aurbach
Craig R. Anderson, Esq.
2 Nevada Bar No. 6882
10001 Park Run Drive
3 Las Vegas, Nevada 89145
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

8 BRIAN BALLENTINE, an individual;
Case Number:
CATALINO DAZO, an individual; KELLY
2:14-cv-01584-APG-EJY
9 PATTERSON, an individual; and GAIL
SACCO, an individual,
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STIPULATION AND ORDER TO
Plaintiffs,
CONTINUE TRIAL
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vs.
(FIRST REQUEST)
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LAS VEGAS METROPOLITAN POLICE
13 DEPARTMENT, in its official capacity;
DETECTIVE CHRISTOPHER T. TUCKER,
14 as an individual and in his official capacity as
a Las Vegas Metropolitan Police Department Date of Trial: 4/10/23
15 Detective; SERGEANT MIKE WALLACE, Time of Trial: 9:00 a.m.
as an individual and in his official capacity as
16 a Las Vegas Metropolitan Police Department
Sergeant; and LIEUTENANT JOHN
17 LIBERTY, as an individual and in his official
capacity as a Las Vegas Metropolitan Police
18 Department Lieutenant,
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Defendants.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Brian
Ballentine, Catalino Dazo and Kelly Patterson (“Plaintiffs”), by and through their attorney of
record, Margaret A. McLetchie, Esq. of McLetchie Law and Defendant Christopher Tucker
(“Defendant Tucker”), by and through his attorney of record, Craig R. Anderson, Esq. of
Marquis Aurbach, that the trial currently scheduled to begin on April 10, 2023, (ECF No.
269), be continued to the Court’s July 2023 stack.
This Stipulation is entered into for the following reasons:

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Case 2:14-cv-01584-APG-EJY Document 284 Filed 02/22/23 Page 2 of 2

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1.

Defense counsel has recently learned that Defendant Tucker has military

2 obligations during the current trial dates.
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2.

In addition, despite Defendant Tucker informing the Ninth Circuit Court of

4 Appeals of the current trial date, the Ninth Circuit Court of Appeals has set oral argument in
5 Richards v. LVMPD, 22-15475, for April 12, 2023 in San Francisco, California. Therefore,
6 defense counsel will be unavailable on April 11 or 12, 2023.
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3.

Due to the above conflicts, the parties have met, conferred and agree that a new

8 trial date be set on the Court’s July 2023 trial stack.
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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

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4.

This is the first stipulation filed to continue the trial date.

IT IS SO STIPULATED this 21st day of February, 2023.
MARQUIS AURBACH

MCLETCHIE LAW

By: s/Craig R. Anderson
Craig R. Anderson, Esq.
Nevada Bar No. 6882
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorney for Defendant Tucker

By:

s/Margaret A. McLetchie
Margaret A. McLetchie, Esq.
Nevada Bar No. 10931
602 South Tenth Street
Las Vegas, Nevada 89101
Attorney for Plaintiffs

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ORDER
IT IS SO ORDERED that the trial date of April 10, 2023 be vacated and

21 rescheduled to July 10, 2023 at 9:00 a.m. Calendar call is continued to July 5, 2023 at 9:00
22 a.m. in Las Vegas courtroom 6C.
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IT IS SO ORDERED:
February 22, 2023
Dated:__________________
________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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