Taylor v. Robinson et al
Filing
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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: (702) 792-7000
Fax:
(702) 796-7181
landerson@kcnvlaw.com
rdaniels@kcnvlaw.com
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)
2065196_1.doc 6943.126
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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