Brown v. Clark County Detention Center et al

Filing 101

ORDER Granting 100 Stipulation for Extension of Time to Suspend Discovery and Discovery/Motion Deadlines for Three Weeks (First Request). Signed by Magistrate Judge Nancy J. Koppe on 4/11/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:15-cv-01670-APG-NJK Document 100 Filed 04/10/17 Page 1 of 4

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Malani Dale Kotchka-Alanes
Nevada Bar No. 13168
E-Mail: [e-mail]
Lewis Roca Rothgerber Christie LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169-5996
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff Charon L. Brown

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARON L. BROWN,
Plaintiff,

3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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CASE NO.: 2:15-CV-01670-APG-NJK

vs.
OFFICER MECHAM, et al.,

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STIPULATION TO SUSPEND DISCOVERY AND
DISCOVERY/MOTION DEADLINES FOR
THREE WEEKS (FIRST REQUEST)

Defendants.

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The following deadlines are set to expire imminently: (1) discovery cutoff: April 12, 1017;
(2) discovery motions: April 26, 2017; and (3) dispositive motions: May 17, 2017.

Court-

appointed pro bono counsel for Plaintiff Charon Brown and newly appearing counsel for
Defendants Mecham, Kegley, and Sands have conferred and stipulate to suspend these deadlines
as follows:
1. Malani Dale Kotchka-Alanes was appointed as counsel for Plaintiff Charon Brown on
March 28, 2017.
2. During the week of April 3, 2017, the defense of Defendants Mecham, Kegley, and Sands
was transferred from Robert Rabbat of Enenstein Ribakoff LaViña & Pham to Lyssa
Anderson of Kaempfer Crowell.
3. From April 5-7, 2017, Enenstein Ribakoff LaViña & Pham provided copies of the previous
discovery served to date, both to Malani Dale Kotchka-Alanes, pro bono counsel for
Plaintiff, and to Lyssa Anderson, new counsel for Defendants. This discovery consists of

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Case 2:15-cv-01670-APG-NJK Document 100 Filed 04/10/17 Page 2 of 4

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written requests and answers, over a thousand pages of documents bates numbered

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LVMPD000001-1087 (including several audio recordings), and the deposition transcript of

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Plaintiff Charon Brown.

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4. The current deadlines in place are: (1) discovery cutoff: April 12, 1017; (2) discovery

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motions: April 26, 2017; and (3) dispositive motions: May 17, 2017.
5. Plaintiff’s counsel is convinced that more time is needed for additional discovery.1 New

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defense counsel believes that a meet and confer to discuss the issues related to past

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discovery and the issues raised in this Court’s Order at ECF No. 83 may resolve the issues

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identified by the Court and/or identify additional limited necessary discovery related

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thereto. Both defense counsel and Plaintiff’s counsel need additional time to review the

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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discovery already exchanged to date, engage in a meaningful meet and confer, and decide

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what further discovery is needed and/or should be provided.

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6. The parties therefore agree that the current discovery and motion deadlines should be

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suspended and that the parties shall have until May 3, 2017 to file either a stipulation as to

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the remaining discovery and motion deadlines or a motion to extend those deadlines.

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7. The parties agree that any stipulation or motion to extend the discovery and motion

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deadlines filed on or before May 3, 2017 will be treated as having been filed more than 21

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days before the expiration of the discovery period.

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At a minimum, and just as a sampling (rather than an exhaustive list), Plaintiff anticipates the need for (1) the
depositions of Officer Mecham, Sargeant Judd, and relevant supervisors, including those who reviewed the video
footage before it was destroyed; (2) written discovery and depositions concerning Las Vegas Metropolitan Police
Department’s (“LVMPD’s”) retention policies (both as to video footage and as to contact reports between officers and
their supervisors); (3) LVMPD’s use of force policies; (4) LVMPD’s policies and procedures concerning disciplining
corrections officers; (5) Naphcare, Inc.’s policies and procedures; (6) discovery into who makes the ultimate
determination whether an inmate will receive medical care or testing once it has been recommended by a medical
professional; and (7) the depositions of the medical professionals who recommended additional treatment and/or
testing for Plaintiff that he never received.

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Case 2:15-cv-01670-APG-NJK Document 100 Filed 04/10/17 Page 3 of 4

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8. This stipulation is made in good faith and in an effort to work amicably toward a resolution
of the outstanding discovery issues in this case.
Dated this 10th day of April, 2017.

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LEWIS ROCA ROTHGERBER CHRISTIE LLP

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By: /s/ Malani Dale Kotchka-Alanes____________
MALANI DALE KOTCHKA-ALANES
Nevada Bar No. 13168
3993 Howard Hughes Pkwy., Suite 600
Las Vegas, NV 89169-5996

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Attorney for Plaintiff Charon L. Brown

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KAEMPFER CROWELL

3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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By: /s/ Lyssa S. Anderson
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LYSSA S. ANDERSON
Nevada Bar No. 5781
1980 Festival Plaza Drive, Suite 650
Las Vegas, NV 89135

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Attorney for Defendants

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IT IS SO ORDERED:

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__________

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UNITED STATES MAGISTRATE JUDGE

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April 11, 2017
Dated: __________________________

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