Moser v. Ballard et al

Filing 60

ORDER Granting 59 Stipulation for Extension of Time. Signed by Judge Andrew P. Gordon on 4/8/2024. (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:
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2:17-cv-01704-APG-NJK
Plaintiff,
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vs.
STIPULATION AND ORDER
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DEVIN BALLARD, an Individual;
(FIRST REQUEST)
13 PATRICK NEVILLE, an Individual; and
LAS VEGAS METROPOLITAN POLICE
14 DEPARTMENT,
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Defendants.
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 Vegas Metropolitan Police Department (the “Department” or “LVMPD”), Devin Ballard
19 (“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 agree and jointly stipulate the following.
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Accordingly, the parties met and conferred on Thursday, April 4, 2024 and agreed to

23 the following terms:
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1.

The parties hereby agree and stipulate that the term “demotion” is prohibited

25 during trial and the proper term to describe the action taken against Plaintiff is a disciplinary
26 transfer.
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2.

The parties further stipulate that the conclusion from the Labor Management

28 Board is excluded.
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1

3.

During the meet and confer, the parties discussed the exclusion of Plaintiff’s

2 expert Dr. Thomas Carrol. Plaintiff indicated that he will attempt to supplement Dr. Carrol’s
3 report as soon as possible and hopefully by April 12, 2024.
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4.

As such the parties stipulate that upon receipt of the supplement report,

5 Defendants shall have one week to file a motion in limine, if necessary, regarding the
6 supplemental expert report.
7

5.

If Defendants do file a motion in limine as to the supplemental expert report,

8 the parties will submit a stipulation as to an expedited briefing schedule so the Court has an
9 opportunity to rule on any motion prior to trial.
10

6.

Neither party waives any argument as to the supplement expert by agreeing to

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

MARQUIS AURBACH

11 move the motion in limine deadlines.
12

IT IS SO STIPULATED.

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Dated this 5th day of April, 2024.

Dated this 5th day of April, 2024.

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LAW OFFICE OF DANIEL MARKS

MARQUIS AURBACH

By:

By:

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/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

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/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
The above Stipulation is hereby GRANTED.
IT IS SO ORDERED.

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_______________________________________
UNITED STATES DISTRICT JUDGE
April 8, 2024
DATED: __________________
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