Wheeler v. Henderson Police Department et al
Filing
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ORDER granting 57 Stipulation; Discovery due by 8/7/2018. Motions due by 9/6/2018. Proposed Joint Pretrial Order due by 10/8/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/20/2018. (Copies have been distributed pursuant to the NEF - JM)
Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 1 of 8
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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: (702) 728-5300
Facsimile: (702) 425-8220
Email: maggie@nvlitigation.com
Jennifer L. Braster, Nevada Bar No. 9982
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Telephone: (702) 420-7000
Facsimile: (702) 420-7001
Email: jbraster@naylorandbrasterlaw.com
Attorneys for Plaintiff, Edward Wheeler
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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EDWARD WHEELER, an individual,
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Case. No.: 2:15-cv-01772-JCM-CWH
Plaintiff,
STIPULATION TO EXTEND
DISCOVERY DEADLINES SET
FORTH IN SCHEDULING ORDER
[ECF No. 56]
vs.
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CITY OF HENDERSON, a Nevada
Municipal Corporation; CITY OF NORTH
LAS VEGAS, Nevada, a Municipal
Corporation; and SERGEANT TRAVIS
SNYDER, individually and in his official
capacity as a North Las Vegas Police
Sergeant,
(Fourth Request)
Defendants.
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Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel
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of record, hereby stipulate and request that this Court extend discovery in the above-
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captioned case sixty (60) days, up to and including Tuesday, August 7, 2018. In addition,
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the parties request that the dispositive motions and pretrial order deadlines be extended for
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Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 2 of 8
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an additional sixty (60) days as outlined herein. In support of this Stipulation and Request,
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the parties state as follows:
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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
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DISCOVERY COMPLETED TO DATE
1.
On September 15, 2015, this action was commenced by Plaintiff Edward
Wheeler filing of this Complaint and Jury Demand (ECF No. 1).
2.
On December 11, 2015 Plaintiff Edward Wheeler filed his Amended
Complaint (ECF No. 5).
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On January 5, 2016, Defendant City of Henderson filed its Motion to
Dismiss Amended Complaint (ECF No. 17).
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On August 1, 2016, Plaintiff Edward Wheeler filed his Second Amended
Complaint (ECF No. 25).
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On December 21, 2016, Plaintiff Edward Wheeler filed his Third Amended
Complaint (ECF No. 30).
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On January 10, 2017, Defendant City of Henderson filed its Motion to
Dismiss Third Amended Complaint (ECF No. 34).
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On January 18, 2017, Defendants City of North Las Vegas and Sergeant
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Travis Snyder filed their Answer to Third Amended Complaint and Demand for Jury Trial
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(ECF Nos. 35 and 37).
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8.
On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of
Requests for Production of Documents to Defendant City of Henderson.
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On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of
Requests for Production of Documents to Defendant City of North Las Vegas.
10.
On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of
Interrogatories to Defendant City of Henderson.
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On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of
Interrogatories to Defendant City of North Las Vegas.
12.
On March 14, 2017, the Stipulated Discovery Plan Discovery Plan and
Scheduling Order was filed (ECF No. 46).
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Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 3 of 8
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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
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13.
On March 14, 2017, Plaintiff Edward Wheeler propounded his Second Set
of Interrogatories to Defendant City of Henderson.
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On March 14, 2017, Plaintiff Edward Wheeler propounded his Second Set
of Interrogatories to Defendant City of North Las Vegas.
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On March 20, 2017, Defendants City of North Las Vegas and Sergeant
Travis Snyder produced their Initial Disclosures of Production of Documents.
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On March 21, 2017, Plaintiff Edward Wheeler produced his Initial
Disclosures of Production of Documents.
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On March 21, 2017, Defendant City of Henderson produced its Initial
Disclosures of Production of Documents.
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On April 10, 2017, Defendant City of Henderson responded to Plaintiff
Edward Wheeler’s First Set of Requests for Production of Documents.
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On April 10, 2017, Defendant City of Henderson responded to Plaintiff
Edward Wheeler’s First Set of Interrogatories.
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On April 13, 2017, Defendant City of Henderson responded to Plaintiff
Edward Wheeler’s Second Set of Interrogatories.
21.
On April 13, 2017, Defendant City of Henderson produced its First
Supplement to Initial Disclosures of Production of Documents.
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On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff
Edward Wheeler’s First Set of Requests for Production of Documents.
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On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff
Edward Wheeler’s First Set of Interrogatories.
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On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff
Edward Wheeler’s Second Set of Interrogatories.
25.
On June 5, 2017, Defendant City of North Las Vegas and Sergeant Travis
Snyder produced their First Supplement to Initial Disclosures of Production of Documents.
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On June 8, 2017, Defendant City of North Las Vegas propounded its First
Set of Requests for Production of Documents to Plaintiff Edward Wheeler.
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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
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27.
On June 8, 2017, Defendant City of North Las Vegas propounded its First
Set of Interrogatories to Plaintiff Edward Wheeler.
28.
On June 19, 2017, Plaintiff Edward Wheeler produced his First Supplement
to Initial Disclosures of Production of Documents.
29.
On July 28, 2017, this Court granted the parties’ Stipulated Protective Order
(ECF No. 52).
30.
On August 3, 2018, Plaintiff Edward Wheeler responded to Defendant City
of North Las Vegas’s First Set of Requests for Production of Documents.
31.
On August 3, 2018, Plaintiff Edward Wheeler responded to Defendant City
of North Las Vegas’s First Set of Interrogatories.
32.
On September 22, 2017, Plaintiff Edward Wheeler propounded his Third
Set of Interrogatories to Defendant City of North Las Vegas.
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On September 22, 2017, Plaintiff Edward Wheeler propounded his Third
Set of Interrogatories to Defendant City of Henderson.
34.
On September 22, 2017, Plaintiff Edward Wheeler propounded his Second
Set of Request for Production of Documents to Defendant City of North Las Vegas.
35.
On September 22, 2017, Plaintiff Edward Wheeler propounded his First Set
of Interrogatories to Defendant Sgt. Travis Snyder.
36.
On September 22, 2017, Plaintiff Edward Wheeler propounded his First Set
of Request for Production of Documents to Defendant Sgt. Travis Snyder.
37.
On November 8, 2017, Defendant City of North Las Vegas responded to
Plaintiff Edward Wheeler’s Third Set of Interrogatories.
38.
On November 8, 2017, Defendant Sgt. Travis Snyder responded to Plaintiff
Edward Wheeler’s First Set of Interrogatories.
39.
On November 8, 2017, Defendant City of North Las Vegas responded to
Plaintiff Edward Wheeler’s Second Set of Requests for Production of Documents.
40.
On November 8, 2017, Defendant Sgt. Travis Snyder responded to Plaintiff
Edward Wheeler’s First Set of Requests for Production of Documents.
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Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 5 of 8
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Plaintiff Edward Wheeler’s Third Set of Interrogatories.
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On January 9, 2018, Defendant City of Henderson produced its Second
Supplement to Initial Disclosures of Production of Documents.
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On November 29, 2017, Defendants City of North Las Vegas and Sgt.
Travis Snyder noticed the deposition of Plaintiff Edward Wheeler.
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On November 16, 2017, Defendant City of Henderson responded to
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On January 23, 2018, Defendants took the deposition of Plaintiff Edward
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The parties anticipate that additional written discovery will be necessary.
Wheeler.
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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
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DISCOVERY REMAINING
1.
The deposition of parties, Fed. R. Civ. P. 30(b)(6) witness(es), and any
disclosed experts will be completed by the close of discovery.
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3.
Additional written discovery and responses.
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4.
Expert disclosures.
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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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The parties have recently stipulated to a Protective Order which was entered by the
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Court and will now provide documents subject to that order. Said documents will also be
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submitted for expert review. In addition, the parties are working on scheduling depositions.
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Counsel for Plaintiff Edward Wheeler has an Opposition to a Motion to Stay due
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on March 21, 2018, in Clark County Office of the Coroner/Medical Examiner v. Las Vegas-
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Review Journal, Nev. S.Ct. Case No. 75095. Counsel also has supplemental briefing in a 42
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U.S. § 1983 civil rights case in Gayler v. High Desert State Prison et al., U.S. District Court
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Case 2:14-cv-00769-APG-CWH on March 29, 2018. Further, counsel also must respond to
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a memorandum regarding sealed documents in U.S.A. v. Bundy et al., U.S. District Court
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Case No. 2:16-cr-00046-GMN-PAL on March 30, 2018.
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On April 4, 2018, Counsel for Plaintiff has an Answering Brief in J.D.H. et al. v.
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Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 6 of 8
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Las Vegas Metropolitan Police Department et al., Ninth Circuit of Appeal Case No. 17-
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16512. Lastly, Counsel for Plaintiff and Defendants City of North Las Vegas and Sgt. Travis
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Snyder have responses to dispositive motions due in Walker et al. v. City of North Las Vegas,
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et al., U.S. District Court Case 2:14-cv-01475-JAD-NJK on April 5, 2018.
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Counsel for Defendants City of North Las Vegas has been occupied in multi-day
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depositions in Spiotto v. LVMPD, 2:17-cv-153-GMN-GWF. Further counsel for defendants
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is preparing for trial in Kingham v. State Farm, 2:15-cv-1555-APG-GWF and Stephan v.
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State Farm, CV16-1846, both trials set to begin on May 7, 2018.
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Given counsel’s time constraints and availability the time to complete discovery in
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this case has been telescoped. The parties are diligently working on the discovery in this
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case.
ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
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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
Discovery Cut-off
Expert Disclosure pursuant to
Fed. R. Civ. P. 26(a)(2)
Rebuttal Expert Disclosure
pursuant to Fed. R. Civ. P.
26(a)(2)
Interim Status Report
Dispositive Motions
Friday, June 8, 2018
Monday, April 9, 2018
Tuesday, August 7, 2018
Friday, June 8, 2018
Wednesday, May 9, 2018
Monday, July 9, 2018
Joint Pretrial Order
Tuesday, August 7, 2018
Monday, April 9, 2018
Monday, July 9, 2018
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June 8, 2018
Tuesday, August 7, 2018
Thursday, September 6,
or at least thirty (30) days
after the close of
discovery.
Monday, October 8,
2018, or at least thirty
(30) days after the
decision of last
Dispositive Motions or
further order of the
Court.
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
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Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 7 of 8
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of the subject deadline, and comply fully with LR 26-4. In this case, the current deadline for
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the expert disclosures is April 9, 2018, and thus this request is timely.
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This extension request is made in good faith, jointly by the parties, and not for the
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purposes of delay. Trial in this matter has not yet been set. Moreover, since this request is
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a joint request, neither party will be prejudiced.
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This Request for an extension of time is not sought for any improper purpose or
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other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing
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sufficient time to conduct discovery in this case and adequately prepare their respective cases
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for trial.
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This is the fourth request for extension of time in this matter.
The parties
respectfully submit that the reasons set forth above constitute compelling reasons for the
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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
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extension.
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WHEREFORE, the parties respectfully request that this Court extend discovery
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deadlines in the above-captioned case sixty (60) days, up to and including August 7, 2018
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and the other discovery deadlines as outlined in accordance with the table above.
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IT IS SO STIPULATED.
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DATED this 19th day of March, 2018.
DATED this 19th day of March, 2018.
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/ Alina M. Shell
Margaret A. McLetchie, NBN 10931
Alina M. Shell, NBN 11711
701 East Bridger Ave., Suite 520
Las Vegas, NV 89101
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NAYLOR & BRASTER
Jennifer L. Braster, NBN 9982
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
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Attorneys for Plaintiff, Edward Wheeler
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DATED this 19th day of March, 2018.
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Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 8 of 8
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LEWIS BRISBOIS BISGAARD & SMITH LLP
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/s/ Robert W. Freeman, Jr.
Robert W. Freeman, Jr., NBN 3062
Noel E. Eidsmore, NBN 7688
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendants, City of North Las Vegas
and Sergeant Travis Snyder
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ORDER
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IT IS SOIS SO ORDERED.
IT ORDERED, subject to the court's modification to the
deadline for interim status reports.
DATED: March 20, 2018day of ______________________, 2018.
DATED this _____
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ATTORNEYS AT LAW
701 EAST BRIDGER AVE., SUITE 520
LAS VEGAS, NV 89101
(702)728-5300 (T) / (702)425-8220 (F)
WWW.NVLITIGATION.COM
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U.S. DISTRICT MAGISTRATE JUDGE
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