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

Filing 289

ORDER Granting 288 Stipulation to Continue. Calendar Call set for 4/2/2024 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial set for 4/8/2024 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 9/25/2023. (Copies have been distributed pursuant to the NEF - RGDG)

Case 2:14-cv-01584-APG-EJY Document 289 Filed 09/25/23 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]
5
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.
(SECOND REQUEST)
12
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: 12/04/23
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 December 4, 2023, (ECF No.
287), be continued to the Court’s March and/or April 2024 stacks.
This Stipulation is entered into for the following reasons:
1.

The parties have met and conferred regarding trial readiness.
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Case 2:14-cv-01584-APG-EJY Document 289 Filed 09/25/23 Page 2 of 2

1

2.

Although the parties agree that the case is ready for trial, Defendants’ expert

2 witness is unavailable during the month of December 2023.
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3.

Counsel for Defendants have a trial scheduled for January 2024 in the Eighth

4 Judicial District Court.
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4.

Counsel for Plaintiffs also have conflicts in December 2023 and January 2024,

6 including but not limited to several matters where discovery is scheduled to close in that time
7 period.
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5.

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

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

MARQUIS AURBACH

9 trial date be set on the Court’s March and/or April 2024 trial stacks.
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6.

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IT IS SO STIPULATED this 22nd day of September, 2023.

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

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

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IT IS SO ORDERED that the November 28, 2023 calendar call is vacated and

22 continued to April 2, 2024 at 9:00 a.m, and the trial date of December 4, 2023 be vacated and
23 continued to April 8, 2024 at 9:00 a.m. in Courtroom 6C.
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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
DATED: September 25, 2023

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