Gardener v. City of Las Vegas

Filing 64

ORDER Granting 63 Fifth Stipulation to Extend Discovery. Discovery due by 6/12/2018. Motions due by 7/12/2018. Proposed Joint Pretrial Order due by 8/13/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/16/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-01384-GMN-CWH Document 63 Filed 01/12/18 Page 1 of 6

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KEVIN R. HANSEN, ESQ.
Nevada Bar No. 6336
AMY M. WILSON, ESQ.
Nevada Bar No. 13421
LAW OFFICES OF KEVIN R. HANSEN
5440 West Sahara Avenue, Suite 206
Las Vegas, Nevada 89146
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LAW OFFICES OF KEVIN R. HANSEN
5440 West Sahara Avenue, Suite 206
Las Vegas NV 89146
Tel [phone] Fax [phone]

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CHRISTOPHER GARDNER, Individually
and as heir and as Special Administrator for
THE ESTATE OF ELLEN FINNIE
GALLUCCI,

Case No.: 2:16-cv-01384-GMN-CWH

STIPULATION TO EXTEND
DISCOVERY

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Plaintiffs,

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(Fifth Request)
vs.

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, Political Subdivision of the
State of Nevada; SHERIFF JOSEPH
LOMBARDO; DOE OFFICERS I-X, and
DOES XI through XX; and ROE BUSINESS
ENTITIES XXI through XXX, inclusive.

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Defendants.

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IT IS HEREBY STIPULATED AND AGREED between the parties that the discovery

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cut-off date of March 14, 2018, be continued for a period of ninety (90) days, up to and

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including June 12, 2018, for the purpose of allowing the parties to finish conducting written

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discovery, serve third-party subpoenas, take several depositions of third parties and disclose

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expert witnesses.

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Case 2:16-cv-01384-GMN-CWH Document 63 Filed 01/12/18 Page 2 of 6

DISCOVERY COMPLETED TO DATE

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Plaintiff, CHRISTOPHER GARDNER, Individually and as heir and as Special

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Administrator for THE ESTATE OF ELLEN FINNIE GALLUCCI (“Plaintiff”), has produced

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his first supplement to Rule 26 disclosures to LAS VEGAS METROPOLITAN POLICE

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DEPARTMENT and SHERIFF JOSEPH LOMBARDO (“Defendants”). Plaintiff has produced
written discovery requests (Interrogatories and Requests for Production of Documents) on

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Defendants. Defendants have answered said requests. Plaintiff has also taken the depositions of

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LAW OFFICES OF KEVIN R. HANSEN
5440 West Sahara Avenue, Suite 206
Las Vegas NV 89146
Tel [phone] Fax [phone]

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several LVMPD officers.

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Defendants have produced their first, second, third and fourth supplements to their Rule

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26 disclosures. Defendants have also served Plaintiff with their initial written discovery requests

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and a second set (Interrogatories and Requests for Production of Documents). Plaintiff has

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responded to Defendant’s both sets.

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The depositions of five (5) individual LVMPD Officers have been taken. Additional
depositions of more LVMPD Officers were scheduled; however, those had to be vacated due to

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conflicts with the schedules of Counsels and the Officers.
DISCOVERY YET TO BE COMPLETED
Plaintiffs will take depositions of several more of the officers involved, which
previously had to be cancelled. Both parties will schedule depositions of third-party witnesses.

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The parties will disclose experts and rebuttal expert reports.
REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
With a case of this size and complexity, the parties request to extend discovery deadlines
to be sure the expert witnesses are disclosed and discovery is completed in a timely manner.
Throughout the discovery already completed, additional facts, parties, and witnesses have been

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Case 2:16-cv-01384-GMN-CWH Document 63 Filed 01/12/18 Page 3 of 6

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discovered. Both parties wish to be thorough in their investigations of the extensive

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documentation on this incident and be sure all the correct information is disclosed. Moreover,

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there have been delays in discovery concerning deposition transcripts and scheduling

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depositions. Those delays are more particularly set out herein.

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Plaintiff filed a Second Amended Complaint naming the officers involved in the

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incident. Defendants have filed a Motion to Dismiss the Second Amended Complaint. Plaintiff

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has filed his Opposition, and the parties are waiting to hear the judge’s decision.

LAW OFFICES OF KEVIN R. HANSEN
5440 West Sahara Avenue, Suite 206
Las Vegas NV 89146
Tel [phone] Fax [phone]

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PROPOSED EXTENDED DEADLINES

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Accordingly, it is hereby stipulated and respectfully requested that this Court enter an

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order as follows:
A. Discovery Cut-Off Date:

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The parties propose that the discovery cut-off date be extended 90 days to Tuesday,
June 12, 2018.

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B. FRCP 26(a)(2) Disclosure of Experts:

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Disclosure of experts shall proceed according to FRCP Rule 26(a)(2) and LR 26-

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1(e)(3) as follows: the disclosure of experts and their reports shall occur on or before April 13,

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2018. The disclosure of rebuttal experts and their reports shall occur on or before May 14, 2018.

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These deadlines are 60 and 30 days before the proposed discovery cut-off date, respectively.

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C. Dispositive Motions:

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The parties shall have until July 12, 2018 to file dispositive motions. This is 30 days

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after the discovery cut-off date, as required by LR 26-1(b)(4).

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Case 2:16-cv-01384-GMN-CWH Document 63 Filed 01/12/18 Page 4 of 6

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D. Motions in Limine:
As required by LR 16-3(b), any motions in limine shall be filed and served thirty

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days prior to the commencement of Trial. Oppositions shall be filed and served and the motion
submitted for decision fourteen days thereafter. Reply briefs will be allowed only with leave of

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LAW OFFICES OF KEVIN R. HANSEN
5440 West Sahara Avenue, Suite 206
Las Vegas NV 89146
Tel [phone] Fax [phone]

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the court.
E. Pretrial Order:
The parties will prepare a Consolidated Pretrial Order on or before August 13, 2018,
which is not more than 30 days after the date set for filing dispositive motions in the case, as
required by LR 26-1(b)(5). This deadline will be suspended if dispositive motions are timely

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filed until 30 days after the decision of the dispositive motions or until further order of the

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Court. The disclosure required by FRCP Rule 26(a)(3), and objections thereto, shall be made in

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the pretrial order.

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F. Interim Status Report
The parties shall file the interim status report by April 13, 2018, 60 days before the

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discovery cut-off date, as required by LR 26-3.
G. Extensions or Modification of the Discovery Plan and Scheduling Order
In accordance with LR 26-4, applications to extend any date set by the discovery plan,
scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be

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supported by a showing of good cause for the extension. All motions or stipulations to extend a

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deadline set forth in a discovery plan shall be received by the Court not later than twenty-one

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(21) days before the expiration of the subject deadline. A request made after the expiration of

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the subject deadline shall not be granted unless the movant demonstrates that the failure to set

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Case 2:16-cv-01384-GMN-CWH Document 63 Filed 01/12/18 Page 5 of 6

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was the result of excusable neglect. Any motion or stipulation to extend a deadline or to reopen
discovery shall include:
(a)

A statement specifying the discovery completed;

(b)

A specific description of the discovery that remains to be completed;

(c)

The reasons why the deadline was not satisfied or the remaining discovery was

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LAW OFFICES OF KEVIN R. HANSEN
5440 West Sahara Avenue, Suite 206
Las Vegas NV 89146
Tel [phone] Fax [phone]

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not completed within the time limits set by the discovery plan; and
(d)

A proposed scheduled for completing all discovery.

The parties recognize that this request is not being made within twenty-one (21) days of the
current deadline of January 15, 2018 to disclose expert reports pursuant to LR 26-4; however

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the parties submit that good cause and excusable neglect exists.

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LR 26-4 states in relevant part:

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A motion or stipulation to extend a deadline set forth in a discovery plan must be
received by the court no later than 21 days before the expiration of the subject
deadline. A request made within 21 days of the subject deadline must be supported
by a showing of good cause. A request made after the expiration of the subject
deadline will not be granted unless the movant also demonstrates that the failure to
act was the result of excusable neglect.

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In evaluating excusable neglect, the court considers the following factors: (1) the reason for
the delay and whether it was in the reasonable control of the moving party, (2) whether the
moving party acted in good faith, (3) the length of the delay and its potential impact on the

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proceedings, and (4) the danger of prejudice to the nonmoving party. See Pioneer Inv. Servs.
Co. v. Brunswick Assocs., 507 U.S. 380, 395 S. Ct. 1489, 123 L.Ed.2d 74 (1993).
As set out in the prior Stipulation to Extend Discovery at ECF No. 53, depositions of
five (5) LVMPD Officers were taken. There was a significant delay, in excess of three (3)
months, after the depositions were taken to obtain them from the Court Reporter that recorded

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Case 2:16-cv-01384-GMN-CWH Document 63 Filed 01/12/18 Page 6 of 6

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the depositions. In addition, when the deposition transcripts were received by the Officers’

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Counsel, there were significant errors which caused further delay in the Officers’ ability to

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review their transcripts. The Officers required an additional sixty (60) days to review the

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transcripts to ensure that their testimony was as accurate as possible considering the substantial

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issues with the transcripts. The parties did not anticipate this type of delay and as such, thus the
delay in requesting the extension pertaining to the expert disclosure deadline.
This request for an extension is made in good faith, jointly by the parties hereto, to allow

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LAW OFFICES OF KEVIN R. HANSEN
5440 West Sahara Avenue, Suite 206
Las Vegas NV 89146
Tel [phone] Fax [phone]

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additional time for the parties to conduct discovery as to the newly named LVMPD Defendants.

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This request is not timely, however, it is the result of excusable neglect. Trial is not yet set and

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dispositive motions have not yet been filed. Accordingly, this extension will not delay this case.
Moreover, since this request is a joint request, neither party will be prejudiced. The
extension will allow the parties the necessary time to prosecute and defend this case.
IT IS SO STIPULATED this 12th day of January, 2018.
KAEMPFER CROWELL

LAW OFFICES OF KEVIN R. HANSEN

By:/s/ Lyssa S. Anderson, Esq.
LYSSA S. ANDERSON, ESQ.
Nevada Bar No. 5781
RYAN DANIELS, ESQ.
Nevada Bar No. 13094
1980 Festival Plaza Drive, #650
Las Vegas, Nevada 89135
Attorneys for Defendants

By:/s/ Kevin R. Hansen, Esq.
KEVIN R. HANSEN, ESQ.
Nevada Bar No. 6336
AMY M. WILSON, ESQ.
Nevada Bar No. 13421
5440 W. Sahara Ave., Ste. 206
Las Vegas, Nevada 89146
Attorneys for Plaintiffs

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IT IS SO ORDERED.

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16th
DATED this _____ day of January, 2018.

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE
MAGISTRATE

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