Solano-Patricio et al v. Las Vegas Metropolitan Police Department et al

Filing 38

ORDER Granting 37 Stipulation re Discovery Deadlines. Discovery due by 6/14/2018. Motions due by 7/13/2018. Proposed Joint Pretrial Order due by 8/14/2018. Signed by Magistrate Judge Peggy A. Leen on 1/10/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 1 of 6

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Marquis Aurbach Coffing
Craig R. Anderson, Esq.
Nevada Bar No. 6882
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone:[phone]
Facsimile:[phone]
[e-mail]
Attorneys for Defendant LVMPD

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

8 ESTATE OF TASHI S. FARMER a/k/a
TASHII FARMER a/k/a TASHII BROWN,
9 by and through its Special Administrator, Eli
Del Carmen Solano-Patricio; TAMARA
10 BAYLEE KUUMEALI'MAKAMAE
FARMER DUARTE,a minor, individually
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11 and as Successor-in-Interest, by and through
her legal guardian, Stevandra Lk Kuanoni;
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~ 12 ELIAS BAY KAIMIPONO DUARTE,a
minor, individually and as Successor-in~ ~, ~ 13 Interest, by and through his legal guardian,
Stevandra Lk Kuanom,
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Plaintiffs,
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Case Number:
2:17-cv-01946-JCM-PAL
STIPULATION AND ORDER TO
EXTEND DISCOVERY(FIRST
REQUEST)

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LAS VEGAS METROPOLITAN POLICE
0 17 DEPARTMENT,a political subdivision of
~. the State ofNevada; OFFICER KENNETH
18 LOPERA,individually and in his Official
Capacity; and Does I through 50 inclusive,
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Defendants.
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Pursuant to LR 6-1 and LR 26-4, the parties by and through their respective counsel

22 of record, hereby stipulate and request that this court extend discovery in the above23 captioned case ninety (90) days, up to and including June 14, 2018. In addition, the parties
24 request that the expert deadline, dispositive motion and pre-trial order deadlines be extended
25 for an additional ninety (90) days as outlined herein. In support of this stipulation and
26 request, the parties state as follows:
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Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 2 of 6

1 I.

DISCOVERY COMPLETED TO DATE

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1.

On July 18, 2017, the Plaintiffs filed their Complaint. ECF No. 1.

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2.

On August 4, 2017, Defendant LVMPD filed their Answer to Plaintiffs'

4 Complaint. ECF No. 7.
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3.

On August 25, 2017, the parties entered into a stipulation (and the court

6 ordered) that the discovery regarding Defendant Lopera be limited due to his pending
7 criminal charges. ECF No. 27.
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4.

On August 28, 2017, Defendant Lopera filed his Answer to Plaintiffs'

9 Complaint. ECF No. 28.
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On September 15, 2017, the parties participated in a FRCP 26(~ meeting.

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On September 27, 2017, Defendant LVMPD provided their initial disclosures

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On September 29, 2017, the Plaintiffs provided their initial disclosure
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On September 18, 2017, the Court entered the initial discovery order. ECF
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9.

On October 10, 2017, Defendant LVMPD served each Plaintiff with written

18 discovery.
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10.

On November 7, 2017, the Plaintiffs served requests for production of

20 documents on Defendant LVMPD.
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11.

On December 7, 2017, Plaintiffs provided their responses to Defendant

22 LVMPD's written discovery.
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12.

On December 8, 2017, Defendant LVMPD provided their responses to

24 Plaintiffs' Requests for Production of Documents.
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13.

On December 20, 2017, Plaintiffs took the depositions of LVMPD Officers

26 Mike Tran and Ashley Lif.
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Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 3 of 6

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14.

On December 21, 2017, Plaintiffs took the depositions of percipient

2 witnesses Marcelino Vibas and Peter Infantino.
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15.

On December 21, 2017, Plaintiffs took the deposition of Sergeant Michael

4 Bland — LVMPD's Rule 30(b)(6) witness with respect to use offorce training and policies.
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16.

On December 27, 2017, Plaintiffs took the deposition of LVMPD Deputy

6 Chief John McGrath — LVMPD's Rule 30(b)(6) witness regarding policy changes.
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On December 27, 2017, Plaintiffs took the deposition of LVMPD Officer

8 Travis Crumrine.
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All parties have retained and are consulting with expert witnesses.

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The parties are actively working to set the Plaintiffs' guardian ad litem's

11 depositions. The guardian ad litem currently resides in Hawaii and scheduling has been
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II.
WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
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Plaintiffs and Defendant LVMPD have actively participated in discovery. Despite

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0 17 LVMPD officers, Plaintiffs have indicated that they intend to amend their Complaint to
18 include new claims and new parties. The parties anticipate filing a stipulation to amend the
19 complaint within the next two weeks. The parties agree that the scope of their expert reports
20 will need to cover the new parties and claims once filed. Therefore, moving the expert
21 deadlines is necessary.
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DISCOVERY REMAINING

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Plaintiffs intend to file an amended complaint identifying new claims and

24 new parties based upon information obtained during the recent depositions. Although the
~I deadline to name new parties and add new claims has passed, the parties will stipulate to
~I allow this amendment to avoid the filing of a separate lawsuit.
III
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Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 4 of 6

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2.

Defendant LVMPD intends to take the deposition of the Plaintiffs' guardian

2 ad litem who currently resides in Hawaii. The parties are working on an agreeable time for
3 all parties to conduct the depositions.
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3.

Defendant LVMPD intends to take the deposition of witness Trinita Farmer.

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4.

Plaintiffs intend to take the deposition of percipient witnesses, including, but

6 not limited to, Carolyn Becic, Ronnie Guy, Cody Kollar, Jonathan Pierce, and Ofc. Michael
7 Flores.
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The parties need to disclose expert witnesses and rebuttal experts.

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The parties need to take the depositions of each parties' experts.

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The Plaintiffs intend to take the deposition of Defendant Lopera if the

11 criminal case gets resolved.

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EXTENSION OR MODIFICATION OF THE DISCOVERY PLAN AND
SCHEDULING ORDER

LR 26-4 governs modifications of extensions of the Discovery Plan and Scheduling
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Order. Any stipulation or motion must be made no later than twenty-one (21) days before
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the expiration of the subject deadline, and comply fully with LR 26-4. The parties
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acknowledge that the expert deadline is less than twenty-one (21) days away. All parties
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(except Kenneth Lopera) are prepared to disclose their experts based on the current parties
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and claims. However, based upon the fact that Plaintiffs intend to amend their complaint to
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include new parties and claims, the parties believe it is in the best interest of the
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management of the case to extend the expert deadline until all necessary claims and parties
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are joined in the lawsuit.
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Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 5 of 6

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The following is a list of the current discovery deadlines and the parties' proposed

2 extended deadlines.
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ACTIVITY

DATE

4 Expert Disclosures Pursuant to Tuesday, January 16, 2018
Fed.R.Civ.P. 26 a 2)
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Rebuttal Expert Disclosure Monday, February 13, 2018
Fed.R.Civ.P.
6 Pursuant to
(2)
26(a)
Wednesday, Mach 14, 2018
7 Discovery Cut-OffDate

PROPOSED
DEADLINE
Monday, April 16, 2018
Monday, May 14, 2018

Thursday, June 14, 2018

8 Dispositive Motions

Friday, April 13, 2018

Friday, July 13, 2018

9 Joint Pretrial Order

Monday, May 14, 2018

Tuesday, August 14, 2018

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This request for an extension of time is not sought for any improper purpose or other

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This is the first request for extension of time in this matter. The parties respectfully

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18 extension.
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Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 6 of 6

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WHEREFORE, the parties respectfully request that this court extend the discovery

2 ~ period by ninety (00) days from the current deadline of March 14, 2018 up and until
3 ~ including June 14, 2018, and the other discovery dates as outlined in accordance with the
4 table above.
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APPROVED AS TO FORM AND CONTENT.

6 Dated this 4th day of January, 2018

Dated this 4th day of January, 2018.

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ABIR COHEN TREYZON SALO,LLP

MARQUIS AURBACH COFFING

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9 By: s/Darren D. Darwish
Darren D. Darwish, Esq.
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CA Bax No. 305797
Admitted Pro Hac Vice
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1901 Avenue ofthe Stars, Ste. 935
Los Angeles, California 90067
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Attorneys for Plaintiffs
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By: s/Craig R. Anderson
Craig R. Anderson, Esq.
Nevada Bar No. 6882
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendant LVMPD

MCNUTT LAW FIRM,P.C.

CALLISTER LAW

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Matthew Q. Callister, Esq.
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Nevada Bar No. 1396
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Mitchell S. Bison,Esq.
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Nevada Bar No. 11920
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330 E. Charleston Blvd., Ste. 100
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Las Vegas, Nevada 89104
Attorneys for Plaintiffs
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By: s/Daniel R. McNutt
Daniel R. McNutt, Esq.
Nevada Bar No. 7815
625 S. Eighth Street
Las Vegas, Nevada 89101
Attorney for Defendant Lopera

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IT IS SO ORDERED this 10th day of January, 2018.

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UNITED STATES MAGISTRATE JUDGE

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