Crittendon v. Lombardo et al

Filing 204

ORDER re 203 Status Report. IT IS ORDERED that the Court ADOPTS as a Discovery Plan and Scheduling Order the dates set forth in the status report. IT IS FURTHER ORDERED that by 8/21/2020, plaintiff shall file a status report indicating whether he continues to assert his motion at ECF No. 172 or whether he will withdraw it. Signed by Magistrate Judge Brenda Weksler on 7/28/2020. (Copies have been distributed pursuant to the NEF - MR) Modified to correct status report due date on 8/7/2020 (MR).

Case 2:17-cv-01700-RFB-BNW Document 203 Filed 07/24/20 Page 1 of 5

S. BRENT VOGEL

1 Nevada Bar No. 6858
E-Mail: [e-mail]

2 KATHERINE J. GORDON

Nevada Bar No. 5813
E-Mail: [e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
4 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
5 Tel: [phone]
Fax: [phone]
6 Attorneys for Defendant
Larry Williamson, M.D.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSHUA CRITTENDON,
Plaintiff,

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CASE NO. 2:17-cv-01700-RFB-BNW
STATUS REPORT

vs.

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JOSEPH LOMBARDO, et al.,
Defendants.

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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Plaintiff Joshua Crittendon, by and through his counsel of record, Diana S. Ebron
and Karen L. Hanks of KIM GILBERT EBRON, Defendants Las Vegas Metropolitan
Police Department, Rogers, Sanchez, Torres, Brown, Patimeteeporn, Senior, Trost,
Verduzco, Binko, Reynolds, Johnson and Williams (the “LVMPD Defendants”) by and
through their counsel of record, Nick D. Crosby and Jackie Nichols of MARQUIS
AURBACH COFFING, and Defendant Larry Williamson, M.D., by and through his
attorneys of record, S. Brent Vogel and Katherine J. Gordon of LEWIS BRISBOIS
BISGAARD & SMITH LLP, hereby submit their Status Report with updated requested
discovery dates.
On July 22, 2020 counsel for the parties participated in a conference to discuss
4837-9600-6340.1

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Case 2:17-cv-01700-RFB-BNW Document 203 Filed 07/24/20 Page 2 of 5

1 whether discovery should be extended, the length of an extension, and corresponding new
2 discovery deadlines. As a result of the conference, counsel request an updated Discovery
3 Plan and Scheduling Order which reflects the dates set forth below. The Status Report is
4 separated into two portions according to Plaintiff’s claims; i.e. (1) the “LVMPD Claims”,
5 and (2) the “Medical Claims”, according to the Honorable Richard F. Boulware’s prior
6 bifurcation of the case which provided for separate discovery and scheduling order dates.
7 [ECF No. 136].
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The parties hereby stipulate to the following:

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I.

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THE LVMPD CLAIMS

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A. Discovery

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Discovery is closed. Plaintiff reserves the right to file a request with the Court to

13 reopen discovery.
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B. Disclosures

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New counsel for Plaintiff was recently appointed.

Counsel for the LVMPD

16 Defendants will forward Plaintiff counsel their prior disclosures submitted pursuant to Fed.
17 R. Civ. P. 26. Counsel for the LVMPD Defendants will also forward Plaintiff counsel
18 copies of all written discovery exchanged between the LVMPD Defendants and Plaintiff.
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C. Dispositive Motions

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The LVMPD Defendants previously filed a Motion for Summary Judgment [ECF

21 No. 150] which was denied by the Court without prejudice to allow time for counsel to be
22 appointed for Plaintiff. In order to provide new Plaintiff counsel time to review the prior
23 disclosures and written discovery, a new due date for dispositive motions is provided, to
24 expire on Thursday, November 19, 2020 (which is 120 days from the date of the parties’
25 Conference, July 22, 2020).
26 . . .
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4838-6690-7782.1

Case 2:17-cv-01700-RFB-BNW Document 203 Filed 07/24/20 Page 3 of 5

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II.

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THE MEDICAL CLAIMS

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A. Discovery

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This matter, including discovery, remains stayed until Plaintiff files his anticipated

5 second amended complaint which, according to the Court, is to contain “an affidavit as it
6 relates to Defendant Williamson and the medical malpractice claim previously raised”
7 pursuant to N.R.S. 41A.071. [ECF No. 136].
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The parties agree that Plaintiff will have an additional 90 days, from the date of this

9 Status Report and stipulation, to file a second amended complaint. The new due date for a
10 second amended complaint is Tuesday, October 20, 2020.
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The parties further agree to a new discovery deadline of 180 days after Plaintiff files

12 a second amended complaint. Counsel for Plaintiff and Dr. Williamson agree to file an
13 Updated Status Report and Proposed Discovery Plan Regarding the Medical Claims
14 following the filing of Plaintiff’s second amended complaint which will provide an exact
15 discovery cut-off date.
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B. Disclosures

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New counsel for Plaintiff was recently appointed. Counsel for Dr. Williamson will

18 forward Plaintiff counsel his prior disclosures submitted pursuant to Fed. R. Civ. P. 26.
19 Counsel for Dr. Williamson will also forward Plaintiff counsel copies of all written
20 discovery exchanged between Dr. Williamson and Plaintiff.
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C. Experts

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Pursuant to Fed. R. Civ. P. 26(a)(2) and L.R. 26-1(b)(3), the parties agree the due

23 date for initial expert disclosures shall be 60 days before the discovery cut-off date and that
24 rebuttal expert disclosures shall be made 30 days after the initial disclosure of experts.
25 Counsel for Plaintiff and Dr. Williamson agree to file an Updated Status Report and
26 Proposed Discovery Plan Regarding the Medical Claims following the filing of Plaintiff’s
27 second amended complaint which will provide specific due dates for initial and rebuttal

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28 expert disclosures.
4838-6690-7782.1

Case 2:17-cv-01700-RFB-BNW Document 203 Filed 07/24/20 Page 4 of 5

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D. Dispositive Motions

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The deadline for filing dispositive motions will be 30 days after the discovery cut-

3 off date pursuant to L.R. 26-1(b)(4). Counsel for Plaintiff and Dr. Williamson agree to file
4 an Updated Status Report and Proposed Discovery Plan Regarding the Medical Claims
5 following the filing of Plaintiff’s second amended complaint which will provide an exact
6 due date for dispositive motions.
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th
8 Dated this 24 day of July 2020.

Dated this 23rd day of July 2020.

9 KIM GILBERT EBRON

LEWIS BRISBOIS BISGARRD & SMITH LLP

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By:__/s/ Diana Ebron __________

12 Diana S. Ebron, Esq.
Nevada Bar No. 10580
Karen L. Hanks, Esq.
14 Nevada Bar No. 9578
7625 Dean Martin Dr., Suite 110
15 Las Vegas, Nevada 89139
16 Pro Bono Counsel for Plaintiff

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By:___/s/ Katherine J. Gordon________
S. Brent Vogel, Esq.
Nevada Bar No. 6858
Katherine J. Gordon, Esq.
Nevada Bar No. 5813
6385 S. Rainbow Blvd., Ste. 600
Las Vegas, Nevada 89118
Attorneys for Defendant
Larry Williamson, M.D.

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Dated this 23rd day of July 2020.

20 MARQUIS AURBACH COFFING
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By:__/s/ Jackie V. Nichols______

23 Nick D. Crosby, Esq.
Nevada Bar No. 8996

24 Jackie V. Nichols, Esq.
25 Nevada Bar No. 14246
10001 Park Run Drive
26 Las Vegas, Nevada 89145
27 Attorney for LVMPD Defendants

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4838-6690-7782.1

IT IS ORDERED that the Court ADOPTS as
a Discovery Plan and Scheduling Order the
dates set forth in this status report.
IT IS FURTHER ORDERED that by August
13, 2020, plaintiff shall file a status report
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indicating whether he continues to assert his
motion at ECF No. 172 or whether he will
withdraw it.
IT IS SO ORDERED 
DATED:   3:36 pm, July 28, 2020

_________________________________ 
BRENDA WEKSLER 
UNITED STATES MAGISTRATE JUDGE