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

Filing 82

ORDER that 81 Stipulation to Stay Discovery Pending the Outcome of Private Mediation is GRANTED in part and DENIED in part. The request to submit a stipulation giving the parties "ample time" to complete depositions after the expiratio n of the extended discovery cutoff is DENIED. The parties shall have until April 2, 2019, to complete the Rule 30(b)(6) deposition of LVMPD that was continued by agreement on December 12, 2018, if the March 19, 2019 mediation does not resolve all c laims. The deadline to file dispositive motions is extended to April 18, 2019. The deadline for filing the joint pretrial order is extended to May 20, 2019. If dispositive motions are timely filed, the date for filing the joint pretrial order shall be suspended until 30 days after the district judge issues a decision on the dispositive motions. Signed by Magistrate Judge Peggy A. Leen on 1/4/2019. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

PATRICIA FITZPATRICK, et al.,

8
9
10

Case No. 2:17-cv-01886-JAD-PAL
Plaintiffs,

v.

ORDER

LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

11

(Stip. Stay Disc. – ECF No. 81)

Defendants.

12

This matter is before the court on the parties’ Stipulation and Order to Stay Discovery

13

Pending the Outcome of Private Mediation (ECF No. 81). This stipulation was filed December

14

19, 2018, after the expiration of the discovery cutoff. See Order (ECF No. 75).

15

The parties state that on December 12, 2018, during a Rule 30(b)(6) deposition of LVMPD

16

they agreed to stay discovery pending the outcome of private mediation. A private mediation is

17

now set for March 21, 2019. The request for a stay indicates they will submit a stipulation and

18

order within 30 days advising the court of the outcome of the mediation and submit new discovery

19

deadlines “including the discovery cutoff (providing ample time to complete the remaining

20

depositions.”

21

The parties have already had ample time to complete discovery. At a hearing held on July

22

26, 2018, the court granted the parties stipulation to extend the discovery plan and scheduling order

23

deadlines an additional 90 days but advised the parties no further extensions would be allowed.

24

See Mins. of Proceedings (ECF No. 73); Order (ECF No. 75) at 2 (“No further extensions will

25

be granted.”) (emphasis in original). As discovery closed before the stipulation was filed the

26

parties are really requesting to reopen discovery “providing ample time to complete the remaining

27

depositions” if the mediation is not successful. The parties state they agreed to this proposal

28

December 12, 2018, a week before the extended discovery cutoff. The parties do not explain
1

1

whether the remaining depositions were scheduled to be completed before the cutoff or why they

2

waited until near the extended cutoff to schedule the Rule 30(b)(6) deposition.

3

Under these circumstances, the court will not approve the parties’ stipulation requesting an

4

opportunity to complete depositions if the mediation is unsuccessful. The court will stay the

5

deadline for filing dispositive motions and the deadline for filing the joint pretrial order to conserve

6

resources until after the mediation. The court will also allow the parties to complete the Rule

7

30(b)(6) deposition that was in progress on December 12, 2018 and not completed. However, the

8

request to reopen discovery if the mediation is not successful is denied.

9

Accordingly,

10

IT IS ORDERED:

11

1. The parties’ Stipulation and Order to Stay Discovery Pending the Outcome of Private

12
13
14

Mediation (ECF No. 81) is GRANTED in part and DENIED in part.
2. The request to submit a stipulation giving the parties “ample time” to complete
depositions after the expiration of the extended discovery cutoff is DENIED.

15

3. The parties shall have until April 2, 2019, to complete the Rule 30(b)(6) deposition of

16

LVMPD that was continued by agreement on December 12, 2018, if the March 19,

17

2019 mediation does not resolve all claims.

18

4. The deadline to file dispositive motions is extended to April 18, 2019.

19

5. The deadline for filing the joint pretrial order is extended to May 20, 2019. If

20

dispositive motions are timely filed, the date for filing the joint pretrial order shall be

21

suspended until 30 days after the district judge issues a decision on the dispositive

22

motions.

23

Dated this 4th day of January 2019.

24

____________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2