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

Filing 150

ORDER Granting 149 Stipulation for Extension of Time. The deposition of LVMPD is set on Friday, 9/11/2020, at 10:00 a.m. Signed by Magistrate Judge Brenda Weksler on 6/22/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-01886-JAD-BNW Document 149 Filed 06/19/20 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 CONTINUE
FRCP 30(b)(6) DEPOSITION OF
LAS VEGAS METROPOLITAN
POLICE DEPARTMENT TO
SEPTEMBER 11, 2020
[THIRD REQUEST]

Case 2:17-cv-01886-JAD-BNW Document 149 Filed 06/19/20 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, June 19, 2020, to Friday, September 11, 2020, at 10:00 a.m. Pursuant to Local Rule

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IA 6-1(a), the Parties represent that this is the third request for extension of this time, as explained

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below.

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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. On April 1, 2020, this Court approved extension of the
continuance through Friday, June 19, 2020, in light of the need for Defense counsel’s office to be
reconfigured to accommodate the ongoing COVID-19 pandemic. Docket Filing #147.
However, in late May 2020, Defense counsel’s firm imposed a “phased-in reopening” of its
office, such that in-person depositions will not be possible until at least late August. Moreover, in
the interim, Defense counsel learned that LVMPD’s prior FRCP 30(b)(6) designee, Sergeant
Albright, had been reassigned to a different department, and that LVMPD therefore chose to
designate a different individual for the remainder of the deposition.

COVID-19 restrictions, Defense counsel will not be permitted to meet in-person with the new

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designee to prepare for the deposition until late August.

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Because of the firm’s

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Case 2:17-cv-01886-JAD-BNW Document 149 Filed 06/19/20 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, September 11, 2020, at 10:00 a.m.

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

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for purposes of delay.

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DATED this 19th day of June, 2020.

DATED this 19th day of June, 2020.

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MORTON LAW, PLLC

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

/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 19th day of June, 2020.
LEWIS BRISBOIS BISGAARD
& SMITH
/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

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ORDER

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IT IS SO ORDERED.

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22nd
June
Dated this _____ day of ___________________, 2020.

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UNITED STATES MAGISTRATE JUDGE
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