Moser v. Ballard et al

Filing 48

ORDER Granting 47 Stipulation to Continue. Calendar Call set for 11/7/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial set for 11/13/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 6/12/2023. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-01704-APG-NJK Document 48 Filed 06/12/23 Page 1 of 2

1 Marquis Aurbach
Nick D. Crosby, Esq.
2 Nevada Bar No. 8996
Jackie V. Nichols, Esq.
3 Nevada Bar No. 14246
10001 Park Run Drive
4 Las Vegas, Nevada 89145
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
Attorneys for Defendants, LVMPD
7
Devin Ballard and Patrick Neville
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10 CHARLES MOSER,

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

11
12

Case Number:
2:17-cv-01704-APG-NJK
Plaintiff,
STIPULATION AND ORDER TO
CONTINUE TRIAL

vs.

13 DEVIN BALLARD, an Individual;
PATRICK NEVILLE, an Individual; and
14 LAS VEGAS METROPOLITAN POLICE
DEPARTMENT,
15
Defendants.
16
17

(FOURTH REQUEST)

Plaintiff Charles Moser (“Plaintiff”), by and through their attorneys of record, Daniel

18 Marks, Esq. and Adam Levine, Esq. of Law Office of Daniel Marks, and Defendants, the
19 Las Vegas Metropolitan Police Department (the “Department” or “LVMPD”), Devin
20 Ballard (“Ballard”) and Patrick Neville (“Neville”) (collectively “LVMPD Defendants”),, by
21 and through their attorneys of record, Nick D. Crosby, Esq. and Jackie V. Nichols, Esq., of
22 Marquis Aurbach, hereby submit this joint stipulation to continue the Trial Date currently
23 set in this case on a stack for the week of July 10, 2023 [ECF No. 45].
24

Accordingly, the parties hereby stipulate and agree as follows:

25

1.

The Court scheduled the trial stack [ECF No. 45] for the week of July 10,

26 2023 at 9:00 A.M.
27

2.

Within the past week, counsel for Plaintiff learned that he will need to

28 establish a guardianship for his elderly, 89-year-old father.

Additionally, counsel for

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Case 2:17-cv-01704-APG-NJK Document 48 Filed 06/12/23 Page 2 of 2

1 Plaintiff must also assist his elderly father in transitioning from independent living housing
2 to assisted living housing. Counsel for Plaintiff anticipates this will take up the majority of
3 his time over the next 45 to 60 days. Due to the urgency to care for his father, counsel for
4 Plaintiff will be unable to prepare for and attend trial on the currently scheduled stack.
5

3.

Since the filing of the Third Request Defendants’ counsel is now scheduled

6 for a trial in the Eighth Judicial District Court, in Case No. A-20-811918-C to being on July
7 24, 2023 and is scheduled to last approximately 3 weeks.
8

4.

The Parties agree to vacate the current trial setting on a stack the week of July

9 10, 2023 at 9:00 A.M. be vacated and the trial set no earlier than the month of November,
10 2023.

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH

11

IT IS SO STIPULATED.

12 Dated this 12th day of June, 2023.

Dated this 12th day of June, 2023.

13 LAW OFFICE OF DANIEL MARKS

MARQUIS AURBACH COFFING

14
15
16
17
18

By:

/s/ Adam Levine
Daniel Marks, Esq.
Nevada Bar No. 2003
Adam Levine, Esq.
Nevada Bar No. 4673
610 S. Ninth Street
Las Vegas, Nevada 89101
Attorneys for Plaintiff Charles Moser

By:

19
20
21

/s/ Jackie V. Nichols
Nick D. Crosby, Esq.
Nevada Bar No. 8996
Jackie V. Nichols, Esq.
Nevada Bar No. 14246
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendants, LVMPD
Devin Ballard and Patrick Neville

ORDER
IT IS SO ORDERED that the trial date set for July 10, 2023 in this matter is

22 VACATED and reset for November 13, 2023 at 9:00 A.M. and calendar call on November
23 7, 2023 at 9:00 A.M. in LV Courtroom 6C.
24

IT IS SO ORDERED this 12th day of June, 2023.

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26
27

_______________________________________
United States District Court Judge

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