Fitzpatrick et al v. Las Vegas Metropolitan Police Department, et al

Filing 148

ORDER Granting 147 Stipulation for Extension of Time re Discovery re 132 Order. Signed by Magistrate Judge Brenda Weksler on 4/1/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-01886-JAD-BNW Document 147 Filed 03/31/20 Page 1 of 3

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NADINE M. MORTON, ESQ.
Nevada Bar No. 8583
MORTON LAW, PLLC
11700 West Charleston Boulevard
Suite 170-65
Las Vegas, NV 89135
Telephone: [phone]
[e-mail]

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A. J. SHARP, ESQ.
Nevada Bar No. 11457
SHARP LAW CENTER
11700 West Charleston Boulevard
Suite 234
Las Vegas, NV 89135
Telephone: [phone]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PATRICIA FITZPATRICK and ROBERT
L. ANSARA, as Special Co-Administrators
and Personal Representatives of the Estate
of JEREMIAH BOWLING, deceased; and
PATRICIA FITZPATRICK, as Heir and
Mother of JEREMIAH BOWLING,
deceased,
Plaintiffs,
v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, a political subdivision of
the State of Nevada; THOMAS STRIEMER,
Corrections Officer, individually and in his
official capacity; ANGELO LARRY,
Corrections Officer, individually and in his
official capacity; ROLANDO TREVINO,
Corrections Officer, individually and in his
official capacity; and NAPHCARE, INC., an
Alabama corporation,
Defendants.

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Case No.: 2:17-cv-1886-JAD-BNW
STIPULATION TO CONTINUED
FRCP 30(b)(6) DEPOSITION OF
LAS VEGAS METROPOLITAN
POLICE DEPARTMENT TO
JUNE 19, 2020

Case 2:17-cv-01886-JAD-BNW Document 147 Filed 03/31/20 Page 2 of 3

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COME NOW PLAINTIFFS PATRICIA FITZPATRICK and ROBERT L. ANSARA, by
and through their counsel of record, NADINE M. MORTON ESQ. of MORTON LAW, PLLC, and
A. J. SHARP, ESQ. of SHARP LAW CENTER, Defendant THOMAS STRIEMER and Third Party
LAS VEGAS METROPOLITAN POLICE DEPARTMENT, by and through their counsel of record,

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ROBERT W. FREEMAN, ESQ. of LEWIS BRISBOIS BISGAARD & SMITH LLP, and Defendant

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NAPHCARE, INC., by and through its counsel of record, S. BRENT VOGEL, ESQ. of LEWIS

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BRISBOIS BISGAARD & SMITH LLP (collectively herein, the “Parties”), and Stipulate to conduct

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the continued deposition of Las Vegas Metropolitan Police Department, pursuant to FRCP 30(b)(6),

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from Friday, April 3, 2020, to Friday, June 19, 2020, at 10:00 a.m.
PROCEDURAL BACKGROUND

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On February 14, 2020, this Court granted the Parties’ Stipulation to conduct the continued

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FRCP 30(b)(6) deposition of Las Vegas Metropolitan Police Department (“LVMPD”) on

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April 3, 2020. Docket Filing #132.
However, counsel for LVMPD has represented that, in light of the ongoing

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coronavirus/COVID-19 pandemic, counsel’s office (the location of the deposition) is undergoing
structural changes to enable employees to maintain appropriate distances while working, to avoid
the spread of the virus. In addition, counsel would have to meet in-person with Sergeant Albright,
LVMPD’s FRCP 30(b)(6) designee, to properly prepare him for the deposition, a potentially
extended meeting that is inadvisable under the circumstances.
Finally, the Parties agree that conducting this deposition on April 3, 2020 (less than two
weeks from now) will likely be untenable under Governor Sisolak’s current Orders, and would in
any event be ill-advised, as it requires in-person contact that can readily be avoided.
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Case 2:17-cv-01886-JAD-BNW Document 147 Filed 03/31/20 Page 3 of 3

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The Parties therefore have agreed to Stipulate, subject to this Court’s approval, to conduct

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the continued FRCP 30(b)(6) deposition of LVMPD on Friday, June 19, 2020, at 10:00 a.m. The

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Parties further stipulate that, should LVMPD counsel’s office be unavailable to host the deposition

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on that date, the Parties will work together to identify and utilize an alternative location.

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The Parties aver that good cause exists for the requested stay and that this Stipulation is not
submitted for purposes of delay.

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DATED this 23rd day of March, 2020.

DATED this 23rd day of March, 2020.

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MORTON LAW, PLLC

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LEWIS BRISBOIS BISGAARD &
SMITH

/s/ Nadine M. Morton
Nadine M. Morton, Esq.
Nevada Bar No. 8583
11700 West Charleston Blvd.
Suite 170-65
Las Vegas, Nevada 89135
Attorney for Plaintiffs

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/s/ S. Brent Vogel
S. Brent Vogel, Esq.
Nevada Bar No. 6858
6385 South Rainbow Boulevard
Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant
Naphcare, Inc.

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DATED this 23rd day of March, 2020.

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LEWIS BRISBOIS BISGAARD
& SMITH

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/s/ Robert W. Freeman
Robert W. Freeman, Jr., Esq.
Nevada Bar No. 3062
6385 South Rainbow Boulevard
Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant Thomas Striemer
and Third Party Las Vegas Metropolitan
Police Department
ORDER

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IT IS SO ORDERED.

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April
1st
Dated this _____ day of ___________________, 2020.

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UNITED STATES MAGISTRATE JUDGE
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