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

Filing 57

ORDER granting 55 Stipulation to Extend Discovery Deadlines. Discovery due by 9/12/2018. Motions due by 10/11/2018. Proposed Joint Pretrial Order due by 11/12/2018. Signed by Magistrate Judge Peggy A. Leen on 5/14/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01946-JCM-PAL Document 55 Filed 05/07/18 Page 1 of 7

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Federico C. Sayre, Esq. (CA Bar No. 67420)
Boris Treyzon, Esq. (CA Bar No. 188893)
Darren D. Darwish, Esq. (CA Bar No. 305797)
ABIR COHEN TREYZON SALO, LLP
1901 Avenue of the Stars, Suite 935
Los Angeles, California 90067
Telephone: [phone] / Fax: [phone]
Admitted Pro Hac Vice
Attorneys for Plaintiffs
Matthew Q. Callister, Esq. (NV Bar No. 1396)
Mitchell S. Bisson, Esq. (NV Bar No. 11920)
CALLISTER LAW
330 E. Charleston Blvd., Suite 100
Las Vegas, Nevada 89104
Telephone: [phone] / Fax: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ESTATE OF TASHI S. FARMER a/k/a
Case No.: 2:17-cv-01946-JCM-PAL
TASHII FARMER a/k/a TASHII BROWN, by
and through its Special Administrator, Lorin
Michelle Taylor; TAMARA BAYLEE
STIPULATION AND ORDER TO EXTEND
KUUMEALI’MAKAMAE FARMER
DISCOVERY (SECOND REQUEST)
DUARTE, a minor, individually and as
Successor-in-Interest, by and through her legal
guardian, Stevandra Lk Kuanoni; ELIAS BAY
KAIMIPONO DUARTE, a minor, individually
and as Successor-in-Interest, by and through his
legal guardian, Stevandra Lk Kuanoni,

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Plaintiffs,
vs.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, a political subdivision of the
State of Nevada; OFFICER KENNETH
LOPERA, individually and in his Official
Capacity; SERGEANT TRAVIS CRUMRINE,
individually and in his Official Capacity;
OFFICER MICHAEL TRAN, individually and
in his Official Capacity; OFFICER MICHAEL
FLORES, individually and in his Official
Capacity; and Does 1 through 50, inclusive,
Defendants.

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STIPULATION AND ORDER TO EXTEND DISCOVERY (SECOND REQUEST)

Case 2:17-cv-01946-JCM-PAL Document 55 Filed 05/07/18 Page 2 of 7

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Pursuant to LR 6-1 and LR 26-4, the parties by and through their respective counsel of

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record, hereby stipulate and request that this court extend discovery in the above-captioned case

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ninety (90) days, up to and including September 12, 2018. In addition, the parties request that the

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expert deadline, dispositive motion and pre-trial order deadlines be extended for an additional

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ninety (90) days as outlined herein. In support of this stipulation and request, the parties state as

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follows:

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I.

DISCOVERY COMPLETED TO DATE

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1.

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

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2.

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

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Complaint. ECF No. 7.
3.

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

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that the discovery regarding Defendant Lopera be limited due to his pending criminal charges.

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ECF No. 27.
4.

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On August 28, 2017, Defendant Lopera filed his Answer to Plaintiffs’ Complaint.

ECF No. 28.

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5.

On September 15, 2017, the parties participated in a FRCP 26(f) meeting.

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6.

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

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pursuant to Rule 26.
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pursuant to Rule 26.
8.

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On September 18, 2017, the Court entered the initial discovery order. ECF No.

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On September 29, 2017, Plaintiffs provided their initial disclosure statement

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

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discovery.

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10.

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On November 7, 2017, Plaintiffs served requests for production of documents on

Defendant LVMPD.
On December 7, 2017, Plaintiffs provided their responses to Defendant LVMPD’s

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11.

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written discovery.
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STIPULATION AND ORDER TO EXTEND DISCOVERY (SECOND REQUEST)

Case 2:17-cv-01946-JCM-PAL Document 55 Filed 05/07/18 Page 3 of 7

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12.

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

Requests for Production of Documents.
13.

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

Tran and Ashley Lif. (Officer Tran has been since added as a Defendant).
14.

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

Marcelino Vibas and Peter Infantino.
15.

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

– LVMPD’s Rule 30(b)(6) witness with respect to use of force training and policies.
16.

On December 21, 2017, Plaintiffs took the deposition of LVMPD Deputy Chief

John McGrath – LVMPD’s Rule 30(b)(6) witness regarding policy changes.
17.

On December 27, 2017, Plaintiffs took the deposition of LVMPD Officer Travis

Crumrine. (Officer Crumrine has been since added as a Defendant).
18.

On January 10, 2018, this Court granted the parties stipulation to extend discovery.

ECF No. 38.

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19.

On January 12, 2018, Defendant Lopera served Plaintiffs with written discovery.

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20.

On January 18, 2018, Defendant LVMPD provided its First Supplemental

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Disclosure of Witnesses and Exhibits.
21.

On February 8, 2018, Plaintiffs took the deposition of LVMPD Officer Michael

Flores (Officer Flores has been since added as a Defendant).
22.

On March 1, 2018, Defendant LVMPD provided its Second Supplemental

Disclosure of Witnesses and Exhibits.

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23.

On March 5, 2018, Defendant Lopera served Plaintiffs with written discovery.

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24.

On March 14, 2018, Defendant Lopera provided his initial disclosure statement

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pursuant to Rule 26.
On March 14, 2018, Plaintiffs provided their responses to Defendant Lopera’s

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25.

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written discovery.

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26.

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On March 23, 2018, Defendant LVMPD provided its Third Supplemental

Disclosure of Witnesses and Exhibits.
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STIPULATION AND ORDER TO EXTEND DISCOVERY (SECOND REQUEST)

Case 2:17-cv-01946-JCM-PAL Document 55 Filed 05/07/18 Page 4 of 7

27.

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On April 3, 2018, this Court granted Plaintiffs leave to amend to file their First

Amended Complaint. ECF No. 44.

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On April 3, 2018, Plaintiffs filed their First Amended Complaint. ECF No. 45.

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29.

On April 4, 2018, Defendant LVMPD provided its Fourth Supplemental

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Disclosure of Witnesses and Exhibits.

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30.

On April 10, 2018, Defendant LVMPD took the deposition of Stevandra Kuanoni.

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31.

On April 11, 2018, Plaintiffs provided their First Supplemental Disclosure of

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Witnesses and Exhibits.
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of Witnesses and Exhibits.
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On April 17, 2018, Plaintiffs provided their Initial Disclosure of Expert Witness

Information pursuant to Rule 26.
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On April 16, 2018, Defendant LVMPD provided its Fifth Supplemental Disclosure

On April 17, 2018, Defendant LVMPD provided its Initial Disclosure of Expert

Witnesses pursuant to Rule 26.
On April 20, 2018, Plaintiffs provided their responses to Defendant Lopera’s

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35.

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written discovery.

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36.

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Complaint. ECF No. 48.
37.

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On April 24, 2018, Defendant Lopera filed his Answer to Plaintiffs’ First Amended

On April 24, 2018, Defendants LVMPD, Crumrine, Tran, and Flores filed their

Answer to Plaintiffs’ First Amended Complaint. ECF No. 49.

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38.

On April 25, 2018, Plaintiffs served Defendant LVMPD with written discovery.

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39.

On April 26, 2018, Plaintiffs took the deposition of percipient witness, Jonathan

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40.

On May 2, 2018, Defendant Lopera provided his First Supplemental Disclosures.

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41.

On May 4, 2018, Plaintiffs provided their Second Supplemental Disclosure of

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Pierce.

Witnesses and Exhibits.
All parties have retained and are consulting with expert witnesses. Expert discovery is
ongoing. The parties are activity working on scheduling further depositions.
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STIPULATION AND ORDER TO EXTEND DISCOVERY (SECOND REQUEST)

Case 2:17-cv-01946-JCM-PAL Document 55 Filed 05/07/18 Page 5 of 7

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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, including, but

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not limited to, taking depositions, propounding and responding to written discovery, disclosing

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initial expert witness information, and providing initial and supplemental disclosures of witnesses

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and exhibits. In accordance with the stay regarding discovery against Defendant Lopera, his

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counsel has participated in all conferences, depositions, propounded discovery, and provided

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initial and supplemental disclosures.

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After being granted leave to amend their Complaint, Plaintiffs filed their First Amended

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Complaint, which included new claims and new parties. All Defendants answered the First

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Amended Complaint on April 24, 2018. The parties agree that the scope of discovery will need

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to cover the new parties and claims and that additional time will be necessary in order to complete

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discovery. The parties anticipate that the scope of their expert reports will need to cover the new

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parties and claims, and it is expected that the parties will provide supplemental and rebuttal expert

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reports. Therefore, moving the expert deadlines is necessary to allow sufficient time for expert

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discovery.

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III.

DISCOVERY REMAINING

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1.

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Vegas, Nevada.

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2.

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Plaintiffs intend to take the deposition of Trinita Farmer on May 8, 2018 in Las

Plaintiffs intend to take the depositions of T.B., E.B., and Sandy Morton on May

31, 2018 in Hawaii.
3.

Defendants intend to take the deposition of Jason Kuanoni on June 1, 2018 in

Hawaii.
4.

Plaintiffs intend to take the further depositions of employees of Defendant

LVMPD as well as percipient witnesses.

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The parties intend to disclose further expert witnesses and rebuttal experts. The parties

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need to take the depositions of each parties’ experts. The Plaintiffs intend to take the deposition

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of Defendant Lopera if the criminal case gets resolved. Plaintiffs intend to request a trial date

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against all Defendants in this matter at the scheduled status conference on May 8, 2018.
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STIPULATION AND ORDER TO EXTEND DISCOVERY (SECOND REQUEST)

Case 2:17-cv-01946-JCM-PAL Document 55 Filed 05/07/18 Page 6 of 7

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IV.

EXTENSION OR MODIFICATION OF THE DISCOVERY PLAN AND

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SCHEDULING ORDER

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LR 26-4 governs modifications of extensions of the Discovery Plan and Scheduling Order.

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Any stipulation or motion must be made no later than twenty-one (21) days before the expiration

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of the subject deadline and comply fully with LR 26-4. The parties acknowledge that the rebuttal

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expert deadline is less than twenty-one (21) days away. However, based upon the fact that

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Plaintiffs First Amended Complaint includes new parties and claims, and further discovery must

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be completed, the parties believe it is in the best interest of the management of the case to extend

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the expert deadlines.

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The following is a list of the current discovery deadlines and the parties’ proposed
extended deadlines.
ACTIVITY

DATE

Expert Disclosures Pursuant to Monday, April
Fed.R.Civ.P. 26(a)(2)
(completed)

16,

PROPOSED
DEADLINE
2018 Friday, July 13, 2018

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Rebuttal Expert Disclosure Monday, May 14, 2018
Pursuant
to
Fed.R.Civ.P.
26(a)(2)

Monday, August 13, 2018

Discovery Cut-Off Date

Thursday, June 14, 2018

Wednesday, September
12, 2018

Dispositive Motions

Friday, July 13, 2018

Thursday,
2018

Joint Pretrial Order

Tuesday, August 14, 2018

Monday, November 12,
2018

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October

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This request for an extension of time is not sought for any improper purpose or other
purpose of delay. The parties have worked together at moving discovery forward and have
conducted significant discovery up to this point. The parties have worked diligently at complying
with the case’s original deadlines, but recent depositions and the filing of the First Amended
Complaint have led the parties to agree that additional discovery must be completed.
This is the second request for extension of time in this matter. The parties respectfully
submit that the reasons set forth above constitute compelling reasons for the discovery extension.

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STIPULATION AND ORDER TO EXTEND DISCOVERY (SECOND REQUEST)

Case 2:17-cv-01946-JCM-PAL Document 55 Filed 05/07/18 Page 7 of 7

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

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by ninety (90) days from the current deadline of June 14, 2018 up and until including September

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12, 2018, and the other discovery dates as outlined in accordance with the table above.

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APPROVED AS TO FORM AND CONTENT.
Dated: May 7, 2018

By:

/s/ Darren D. Darwish
Darren D. Darwish, Esq.
CA Bar No. 305797 (admitted pro hac vice)
ABIR COHEN TREYZON SALO, LLP
1901 Avenue of the Stars, Suite 935
Los Angeles, California 90067
Attorneys for Plaintiffs

Dated: May 7, 2018

By:

/s/ Craig R. Anderson
Craig R. Anderson, Esq.
NV Bar No. 6882
MARQUIS AURBACH COFFING
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendant LVMPD

Dated: May 7, 2018

By:

/s/ Daniel R. McNutt
Daniel R. McNutt, Esq.
NV Bar No. 7815
MCNUTT LAW FIRM, P.C.
625 S. Eighth Street
Las Vegas, Nevada 89101
Attorney for Defendant Lopera

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ORDER
IT IS SO ORDERED this 8th day of May, 2018.

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO EXTEND DISCOVERY (SECOND REQUEST)