Taylor v. Robinson et al

Filing 11

ORDER Granting 10 Stipulation to Extend Discovery Deadlines. Discovery due by 3/7/2018. Motions due by 4/6/2018. Proposed Joint Pretrial Order due by 5/6/2018. Signed by Magistrate Judge Cam Ferenbach on 11/17/2017. (Copies have been distributed pursuant to the NEF - MMM)

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LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, OFFICER JONATHAN ROBINSON
and OFFICER PAUL AKE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CAMILLE L. TAYLOR,
Plaintiff,

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vs.

STIPULATION TO EXTEND
DISCOVERY

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Case No.: 2:17-cv-01038-JCM-VCF

OFFICER J. ROBINSON, individually and in
his official capacity; OFFICER P. AKE,
individually and in his official capacity; LAS
VEGAS METROPOLITAN POLICE
DEPARTMENT; DOE OFFICERS I through X
inclusive; ROES IX through XX, inclusive;

(First Request)

Defendants.

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KAEMPFER CROWELL

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

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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cut-off date of February 5, 2018, be continued for a period of thirty (30) days up to and including

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March 7, 2018, for the purpose of allowing the parties to complete written discovery, retain and

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disclose expert witnesses, and take depositions of the parties.

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DISCOVERY COMPLETED TO DATE

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Plaintiff and Defendants, LAS VEGAS METROPOLITAN POLICE DEPARTMENT,

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OFFICER JONATHAN ROBINSON and OFFICER PAUL AKE (“LVMPD Defendants”) have

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exchanged their initial Rule 26(f) Disclosures.

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LVMPD Defendants served their initial written discovery requests (Interrogatories,

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Requests for Admissions and Requests for Production of Documents) on Plaintiff. Plaintiff’s

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responses were due October 30, 2017. No responses have been received. LVMPD Defendants

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then sent a letter to Plaintiff’s counsel advising them that Plaintiff’s discovery were past due, and

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voluntarily giving Plaintiff an additional ten (10) days to respond. Plaintiff’s counsel then

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requested an additional few days to respond, which was granted. Plaintiff’s responses are now

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due November 22, 2017.
DISCOVERY YET TO BE COMPLETED

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Upon receipt of the responses to written discovery from Plaintiff, LVMPD Defendants

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intend to serve various third-party subpoenas. Plaintiff will serve written discovery on LVMPD

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Defendants. The parties will conduct several depositions of the individual parties and third

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parties. The parties will also disclose expert and rebuttal expert witnesses.

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REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

requests on Plaintiff. The current deadline for parties to disclose expert witnesses is December

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7, 2017. Plaintiff’s responses to the initial written discovery are due November 22, 2017, less

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KAEMPFER CROWELL

LVMPD Defendants have engaged in discovery by serving their initial written discovery

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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than three (3) weeks before the expert disclosure deadline. LVMPD Defendants are not able to

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obtain an expert report without documents from third-parties which must be subpoenaed. The

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subpoenas cannot be issued until LVMPD Defendants receive an executed medical authorization

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from Plaintiff, which was requested in LVMPD Defendants’ initial written discovery requests to

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Plaintiff. As such, the parties require additional time to continue discovery and provide the

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information to experts.
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)

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Discovery Deadline.

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That the current discovery cut-off date of February 5, 2017, be extended for a period of
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thirty (30) days, up to and including March 7, 2017.
(B)

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Experts and Rebuttal Experts.

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The parties, and each of them, shall disclose their experts to each other at least sixty (60)

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days before the discovery cut-off date, or by January 6, 2018. The parties, and each of them,

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shall disclose rebuttal experts at least thirty (30) days after the initial date for disclosure of

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experts, or by February 5, 2017.

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(C)

Dispositive Motions.

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All pretrial motions, including but not limited to, discovery motions, motions to dismiss,

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motions for summary judgment, and all other dispositive motions shall be filed and served no

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later than thirty (30) days after the close of discovery, which is by April 6, 2018.

Under LR 16-3(b), any motions in limine, including Daubert type motions, shall be filed

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and served thirty (30) days prior to the commencement of Trial. Oppositions shall be filed and

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KAEMPFER CROWELL

(D)

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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served and the motion submitted for decision fourteen (14) days thereafter. Reply briefs will be

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allowed only with leave of the Court.

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Motions in Limine/Daubert Motions.

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(E)

Pretrial Order.

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Pursuant to LR 26(1)(e)(5) the Joint Pretrial Order shall be filed with this Court no later

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than thirty (30) days after the date set for filing dispositive motions, which shall be by May 6,

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2018, unless dispositive motions are filed, in which case the date for filing the Joint Pretrial

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Order shall be suspended until thirty (30) days after the decision on the dispositive motions or

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further order of this Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any

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objections shall be included in the final pretrial order.

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(F)

Interim Status Report.

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In accordance with LR 26-3, not later than sixty (60) days before the discovery cut-off,

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the parties shall submit an interim status report stating the time they estimate will be required for

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trial giving three (3) alternative available trial dates, and stating whether in the opinion of

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counsel who will try the case, trial will be eliminated or its length affected by substantive

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motions. The status report shall be signed by counsel for each party or the party, if appearing in

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pro se. The parties shall file the interim status report by January 6, 2018.

In accordance with LR 26-4, applications to extend any date set by the discovery plan,

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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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KAEMPFER CROWELL

(G)

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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

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was the result of excusable neglect. Any motion or stipulation to extend a deadline or to reopen

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discovery shall include:

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(a)

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Extensions or Modification of the Discovery Plan and Scheduling Order.

A statement specifying the discovery completed;

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(b)

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

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(c)

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

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

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(d)

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This extension request is made in good faith, jointly by the parties, to allow additional

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time for the parties to conduct additional discovery, take depositions and expert reports to be

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prepared and disclosed. This request is timely pursuant to LR 26-4. Trial in this matter has not

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yet been set and dispositive motions have not yet been filed. As such, this extension will not

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delay this case. Moreover, since this request is a joint request, neither party will be prejudiced.

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The extension will allow the parties the time needed to adequately prosecute this case.
DATED this 16th day of November, 2017.

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A proposed scheduled for completing all discovery.

KAEMPFER CROWELL

E. BRENT BRYSON, P.C.

By:

By:

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/s/ Lyssa Anderson

Lyssa Anderson, Esq.
Nevada Bar No. 5781
8345 West Sunset Road, Suite 250
Las Vegas, Nevada 89113
Attorneys for Defendants

/s/ E. Brent Bryson

E. Brent Bryson, Esq.
7730 West Sahara Ave., Suite 109
Las Vegas, NV 89117
Attorney for Plaintiff

IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
CASE NO.: 2:17-cv-01038-JCM-VCF

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11-17-2017

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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