Moser v. Ballard et al

Filing 57

ORDER Granting 53 Stipulation to Continue. IT IS SO ORDERED that the trial date set for January 22, 2024 in this matter is VACATED and reset for May 6, 2024 at 9:00 A.M. and calendar call on April 30, 2024 at 9:00 A.M. in LV Courtroom 6C. Signed by Judge Andrew P. Gordon on 1/16/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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

MARQUIS AURBACH

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, Devin Ballard and Patrick Neville
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
CHARLES MOSER,
Case Number:
10
2:17-cv-01704-APG-NJK
Plaintiff,
11
vs.
STIPULATION AND ORDER TO
12
CONTINUE TRIAL
DEVIN BALLARD, an Individual;
13 PATRICK NEVILLE, an Individual; and
(SIXTH REQUEST)
LAS VEGAS METROPOLITAN POLICE
14 DEPARTMENT,
15

Defendants.

16
Plaintiff Charles Moser (“Plaintiff”), by and through their attorneys of record, Daniel
17
Marks, Esq. and Adam Levine, Esq. of Law Office of Daniel Marks, and Defendants Las
18
19

Vegas Metropolitan Police Department (the “Department” or “LVMPD”), Devin Ballard
(“Ballard”) and Patrick Neville (“Neville”) (collectively “LVMPD Defendants”),, by and

20
through their attorneys of record, Nick D. Crosby, Esq. and Jackie V. Nichols, Esq., of
21
Marquis Aurbach, hereby submit this joint stipulation to continue the trial date currently set
22
in this case on a stack for the week of January 22, 2024 [ECF No. 51].
23
Accordingly, the parties hereby stipulate and agree as follows:
24
1.

The Court scheduled the trial stack [ECF No. 51] for the week of January 22,

25
2024 at 9:00 A.M.
26
2.

Plaintiff’s counsel, Daniel Marks, Esq., will be out of the country beginning

27
February 7, 2024 and not returning until February 26, 2024.
28
Page 1 of 4
MAC:14687-068 5337916_2 1/8/2024 2:53 PM

1

3.

The Las Vegas Metropolitan Police Department (LVMPD) has a conflict with

2 a firm trial date of January 22-26, 2024 in the case of K.C., a minor, by and through her
3 guardian Carolina Navarro; et. al, v. LVMPD, et al., United States District Court, District of
4 Nevada Case No. 2:16-cv-03039-RFB-NJK.
5

4.

LVMPD also has a conflict with a firm trial date of January 23-26, 2024 in the

6 case of Billy Cepero v. Gillespie, et al., United States District Court, District of Nevada Case
7 No. 2:11-cv-01421-JAD-NJK.
8

5.

The above-mentioned trials would affect LVMPD’s ability to have a

9 representative at trial in the current case.
10 . . .

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

MARQUIS AURBACH

11 . . .
12 . . .
13 . . .
14 . . .
15 . . .
16 . . .
17 . . .
18 . . .
19 . . .
20 . . .
21 . . .
22 . . .
23 . . .
24 . . .
25 . . .
26 . . .
27 . . .
28 . . .
Page 2 of 4
MAC:14687-068 5337916_2 1/8/2024 2:53 PM

1

6.

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

2 January 22, 2024 at 9:00 A.M. be vacated and the trial set no earlier than the month of April,
3 2024.
4

IT IS SO STIPULATED.

5

Dated this 8th day of January, 2024.

Dated this 8th day of January, 2024.

6

LAW OFFICE OF DANIEL MARKS

MARQUIS AURBACH

By:

By:

7
8
9
10

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

MARQUIS AURBACH

11
12

/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

13
14

/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 January 22, 2024 in this matter is

15

VACATED and reset for May 6, 2024 at 9:00 A.M. and calendar call on April 30, 2024

16

at 9:00 A.M. in LV Courtroom 6C.

17

IT IS SO ORDERED.

18
19
20
21
22

_______________________________________
UNITED STATES DISTRICT JUDGE
January 16, 2024
DATED: __________________

23
24
25
26
27
28
Page 3 of 4
MAC:14687-068 5337916_2 1/8/2024 2:53 PM