Gardner v. Las Vegas Metropolitan Police Department

Filing 35

ORDER granting 34 Stipulation; Discovery due by 9/8/2018. Motions due by 10/8/2018. Proposed Joint Pretrial Order due by 11/7/2018. Signed by Magistrate Judge Peggy A. Leen on 5/8/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00352-PAL Document 34 Filed 05/04/18 Page 1 of 5

1 S. BRENT VOGEL
Nevada Bar No. 006858
2 [e-mail]
3 AMANDA J. BROOKHYSER
Nevada Bar No. 11526
4 [e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
5 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
6 702.893.3383
7 FAX: [phone]
Attorneys for Defendant Naphcare
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UNITED STATE DISTRICT COURT
9
DISTRICT OF NEVADA
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Case No. 2:17-cv-00352 JCM-PAL
ROBERT J. GARDNER, individually, and as
11 Co-Special Administrator of the Estate of
GARRETT E. GARDNER, deceased; KIM
STIPULATION TO EXTEND
12 GARDNER, individually, and as Co-Special
DISCOVERY PLAN AND SCHEDULING
Administrator of the Estate of GARRETT E.
13
ORDER
GARDNER, deceased; and THE ESTATE OF
14 GARRETT E. GARDNER,
Plaintiffs,

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vs.

17 LAS VEGAS METROPOLITAN POLICE
18 DEPARTMENT, a political subdivision of the
State of Nevada and the County of Clark and
19 operator of Clark County Detention Center,
NAPHCARE, medical care provider for the
20 Clark County Detention Center; DOE
NAPHCARE DEFENDANTS I-X, individuals
21 employed by NAPHCARE; DOE CCDC
22 DEFENDANTS I-X, Corrections Officers
employed as CCDC; and ROE ENTITIES I-X,
23 inclusive,
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Defendants.

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Defendants and plaintiffs, by and through their respective counsel, and pursuant to Local
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Rule 26-4, stipulate to modify their discovery plan as follows:
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4816-1659-3251.1

Case 2:17-cv-00352-PAL Document 34 Filed 05/04/18 Page 2 of 5

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1.

Plaintiff filed their complaint in the District Court for Clark County, Nevada on

2 January 17, 2017. (Doc. 1).
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2.

Defendant Las Vegas Metropolitan Police Department filed its answer on February 9,

4 2017. (Doc 4).
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3.

Defendants Naphcare filed its Answer on March 20, 2017. (Doc. 8).

4.

The parties held their F.R.C.P. 26 conference on March 24, 2017, and filed their initial

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Stipulated Discovery Plan and Scheduling Order in compliance with F.R.C.P. 26(f) and LR 26-1(e) on
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April 10, 2017
5.

Subsequent to the conference, Plaintiff’s initial attorney had to withdraw for health

11 reasons. A Motion to Stay was filed by Plaintiffs on August 17, 2017 along with a motion to
12 Withdraw. The Motion was granted and Plaintiffs filed Motions to Extend Time to Retain Counsel on
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September 25, 2017 and November 30, 2017. A Notice of Appearance of Plaintiff’s current counsel
was filed on January 12, 2018. Once Plaintiffs obtained new counsel, the parties agreed to the

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following dates:

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Last day of discovery:

July 10, 2018

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Last day to amend/add:

April 12, 2018

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Initial expert disclosure:

May 14, 2018

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Joint Interim Status Report: May 14, 2018

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Rebuttal expert disclosure:

June 12, 2018

Dispositive motions filed:

August 8, 2018

Joint pre-trial order:

September 7, 2018

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This discovery plan was signed by United State Magistrate Peggy Leen on February 9, 2018

26 (Doc. 30).

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4816-1659-3251.1

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Case 2:17-cv-00352-PAL Document 34 Filed 05/04/18 Page 3 of 5

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6.

In compliance with Local Rule 26-4, the parties provide the following information

2 regarding the discovery status:
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a.

Discovery Completed:

Plaintiff’s Initial Disclosures: March 27, 2017;
Defendants’ Initial Disclosures: April 5, 2017 and June 14, 2017;
Defendant LVMPD’s First Supplemental Disclosures: June 7, 2017;

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Defendant Naphcare’s First Supplemental Disclosure: August 3, 2017;
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Defendant Naphcare’s Second Supplemental Disclosure: February 26, 2018;

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Defendant Naphcare’s Third Supplemental Disclosure: March 15, 2018;

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Defendant Naphcare has propounded written discovery and Plaintiff has responded to same;

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Defendant LVMPD has propounded written discovery and Plaintiff has responded to same;

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Plaintiffs have propounded written discovery and Defendants have responded to same;
Depositions of Plaintiffs.

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b.

Discovery that remains to be completed: Further written discovery will likely be

17 propounded by Defendants and Plaintiff. The depositions of Defendants and treating physicians
18 remain to be taken. Expert disclosures need to be completed by all parties and depositions of disclosed
19 experts will need to be completed. Additional depositions of percipient witnesses need to be
20 completed. Additional medical records of the plaintiff need to be subpoenaed and disclosed.
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c.

Reasons why discovery was not completed: The parties have been working diligently

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in order to complete discovery. The parties agree that there are a significant number of treating
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physicians who need to be deposed so that the parties respective experts have that information.

25 Additionally, the parties are working on scheduling the deposition of the Person Most Knowledgeable
26 on behalf of Naphcare (the deposition of the Person Most Knowledgeable for LVMPD has been set)

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

27 and agree that such needs to take place before expert disclosures. Counsel for Defendant Naphcare
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4816-1659-3251.1

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Case 2:17-cv-00352-PAL Document 34 Filed 05/04/18 Page 4 of 5

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will be out of the country for a week in May decreasing the amount of time the parties will have to

2 complete this necessary discovery.
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d.

Proposed schedule for completion of remaining discovery (extension of remaining

4 deadlines by approximately 60 days):
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Discovery Cut Off:

September 8, 2018

Motions to Amend/Add:

Closed

Disclosure of Experts:

July 13, 2018

Disclosure of Rebuttal Experts:

August 12, 2018

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Dispositive Motion deadline:

October 8, 2018

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Pre-Trial Order:

November 7, 2018

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Interim Status Report:

July 13, 2018

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Dated this 4th day of May 2018.

Dated this 4th day of May 2018.

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LEWIS BRISBOIS BISGAARD & SMITH LLP

MORRIS//ANDERSON

/s/ Amanda J. Brookhyser
S. Brent Vogel, Esq.
Nevada Bar No. 6858
Amanda J Brookhyser, Esq.
Nevada Bar No. 11526
6385 S. Rainbow Blvd., Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendants

/s/ Jacob Leavitt .
Ryan M. Anderson, Esq.
Jacob Leavitt, Esq.
716 S. Jones Blvd.
Las Vegas Nevada 89107
Attorneys for Plaintiffs

DATED this 4th day of May 2018.

IT IS SO ORDERED this 8th day of
May, 2018.

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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KAEMPFER CROWELL
/s/ Lyssa Anderson
Lyssa S. Anderson
Ryan W. Daniels
1980 Festival Plaza Drive, Suite 650
Las Vegas NV 89135
Attorneys for Las Vegas Metropolitan
Police Department

_______________________________
Peggy A. Leen
United States Magistrate Judge

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4816-1659-3251.1

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