Wheeler v. Henderson Police Department et al

Filing 22

ORDER Granting 21 Stipulation. Plaintiff shall file a Motion to Amend and proposed Second Amended Complaint on or before 02/08/2016. Discovery shall be stayed until any and all briefing is completed on Plaintiff's motion to amend and/or on any motions to dismiss. IT IS FURTHER ORDERED that the parties must file their stipulated discovery plan and scheduling order 14 days after briefing on Defendants' 17 Motion to Dismiss is complete. Signed by Magistrate Judge Carl W. Hoffman on 02/04/2016. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:15-cv-01772-JCM-CWH Document 21 Filed 02/02/16 Page 1 of 3

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Margaret A. McLetchie, Nevada Bar No. 10931
Alina M. Shell, Nevada Bar No. 11711
MCLETCHIE SHELL LLC
701 East Bridger Ave., Suite 520
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Jennifer L. Braster, Nevada Bar No. 9982
MAUPIN NAYLOR BRASTER
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff, Edward Wheeler

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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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EDWARD WHEELER, an individual,

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Plaintiff,

Case. No.: 2:15-cv-01772-JCM-CWH

vs.

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STIPULATION AND PROPOSED
ORDER

CITY OF HENDERSON, a Nevada
Municipal Corporation; HENDERSON
POLICE DEPARTMENT, in its official
capacity; CITY OF NORTH LAS VEGAS,
Nevada, a Municipal Corporation; and
NORTH LAS VEGAS POLICE
DEPARTMENT, in its official capacity,

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Defendants.
COME NOW, the parties, by and through their undersigned counsel of record,
hereby stipulate and agree as follows:
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Plaintiff filed his Amended Complaint on December 11, 2015 (Dckt. # 5).

Defendant City of Henderson filed a motion to dismiss on January 5, 2016 (Dckt. #17).

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Case 2:15-cv-01772-JCM-CWH Document 21 Filed 02/02/16 Page 2 of 3

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Pursuant to Fed. R. Civ. P. 15(a), Plaintiff had until January 22, 2016, to file a response to

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the motion to dismiss. Plaintiff and the Defendant City of Henderson stipulated that

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Plaintiff’s response to the Motion to Dismiss be due on Friday, February 5, 2016.

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2.

Plaintiff and Defendants the City of North las Vegas and the North Las

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Vegas Police Department (“North Las Vegas Defendants”) stipulated that the North Las

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Vegas Defendants’ response to the Amended Complaint would be due on Wednesday,

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February 3, 2016. (Dckt. #20).

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3.

Pursuant to Local Rule 26-1(d), the deadline for Plaintiff to initiate the

scheduling of Fed. R. Civ. P. 26(f) conference is February 4, 2016.

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4.

In light of the facts set forth above, to promote judicial efficiency, to avoid

the incurrence of unnecessary attorneys’ fees and costs, to narrow the focus of any motions

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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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to dismiss, and to synchronize the deadlines for all defendants in this case,

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a.

Plaintiff shall file a Motion to Amend and proposed Second

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Amended Complaint on or before February 8, 2016 (to the extent the parties cannot

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reach a stipulation to amend);

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b.

Discovery shall be stayed until any and all briefing is completed on

Plaintiff’s motion to amend and/or on any motions to dismiss; and,

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c.

Plaintiff shall initiate the Fed. R. Civ. P. 26(f) conference with all

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defendants within thirty (30) days of the date the briefing is complete on Plaintiff’s

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motion to amend and/or on any motions to dismiss.

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5.

In light of Plaintiff’s anticipated Second Amended Complaint, North Las

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Vegas Defendants’ response to Plaintiff’s Amended Complaint will no longer be due

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February 3, 2016, but rather North Las Vegas Defendants will be required to respond to the

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Second Amended Complaint or Amended Complaint, to the extent the Court does not allow

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the filing of the Second Amended Complaint, in accordance with Fed. R. Civ. P. 15.

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///

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///

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///

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Case 2:15-cv-01772-JCM-CWH Document 21 Filed 02/02/16 Page 3 of 3

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DATED this 2nd day of February, 2016.

DATED this 2nd day of February, 2016.

CITY OF HENDERSON

MCLETCHIE SHELL LLC

/s/ Nancy D. Savage
Josh M. Reid, NBN 7497
Nancy D. Savage, NBN 392
240 Water Street, MSC 144
Henderson, NV 89015
Attorneys for Defendant, City of Henderson

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

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Attorneys for Plaintiff, Edward Wheeler

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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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DATED this 2nd day of February, 2016.
LEWIS BRISBOIS BISGAARD & SMITH LLP

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/s/ Robert W. Freeman
Robert W. Freeman, NBN 3062
Gregory S. Bean, NBN 12694
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendants, City of North Las
Vegas and North Las Vegas Police Department

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ORDER
IT IS FURTHERORDERED. that the parties must file their stipulated discovery
IT IS SO ORDERED
plan and scheduling order 14 days after briefing on the motion to dismiss is
Dated this __ day of ______________, 2016.
complete.
DATED: February 4, 2016
_______________________________
_____________________
__
__ _
U.S. DISTRICT ATE T JUDGE
. DISTRIC RATE
MAGISTRA
MAGISTRATE
R COURT JU

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