Tripp v. Clark County et al

Filing 133

ORDER granting 128 MOTION to Extend Time (Second Request) for Discovery re 110 Order. Discovery due by 5/30/2020. Motions due by 6/29/2020. Proposed Joint Pretrial Order due by 7/29/2020. Signed by Magistrate Judge Brenda Weksler on 4/2/2020. (Copies have been distributed pursuant to the NEF - DRS) Modified on 4/2/2020 (SLD).

Case 2:17-cv-01964-JCM-BNW Document 128 Filed 03/24/20 Page 1 of 7

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LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
Michael Rose, Jacqulyn Schumaker,
Cesar Esparza, Robert Burleson,
Neldon Barrowes, Kevin Kegley,
Jeanette Dillon and Linda Buchanan

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUSTIN L. TRIPP,

CASE NO.:

2:17-cv-01964-JCM-PAL

Plaintiff,
vs.

DEFENDANTS’ MOTION TO EXTEND
DISCOVERY

CLARK COUNTY, et al.

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(2nd Request)

Defendants.

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Barrowes, Jeanette Dillon and Linda Buchanan (“LVMPD Defendants”), hereby move for an

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Order extending the expert disclosure deadline only for an additional thirty (30) days. This

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KAEMPFER CROWELL

Defendants Michael Rose, Jacqulyn Schumaker, Cesar Esparza, Robert Burleson, Neldon

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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Motion is based on Federal Rule of Civil Procedure 26, Local Rule 26-4, the pleadings and

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papers on file herein, the following memorandum of points and authorities and any such oral

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argument as may be set.

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Case 2:17-cv-01964-JCM-BNW Document 128 Filed 03/24/20 Page 2 of 7

MEMORANDUM OF POINTS AND AUTHORITIES

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I.

PROCEDURAL HISTORY

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Plaintiff Justin Tripp (“Plaintiff”) filed his First Amended Complaint (“FAC”) on January

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7, 2019. [ECF No. 14]. Plaintiff is representing himself in proper person and is currently

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incarcerated. Plaintiff alleges that during his arrest Las Vegas Metropolitan Police Department

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(“LVMPD”) Officers used excessive force against him. Plaintiff also alleges that his rights were

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violated by various Corrections Officers of Clark County Detention Center (“CCDC”) and that

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he received inadequate medical care and treatment while he was a pre-trial detainee at CCDC.

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Defendant Rose was served with the FAC on February 6, 2019. Rose filed an Answer on

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February 27, 2019. [ECF No. 27]. Defendants Esparza and Schumaker then filed their Answer

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on April 8, 2019. [ECF No. 50].

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Plaintiff filed a Motion to Appoint Counsel, [ECF No. 53], which LVMPD Defendants

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opposed. [ECF No. 56]. Plaintiff filed a Motion to Amend Complaint, [ECF No. 44], which

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LVMPD Defendants opposed. [ECF No. 47]. The LVMPD Defendants previously filed a

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Motion to Extend Discovery, [ECF No. 70], which Plaintiff opposed, [ECF no. 73]. Plaintiff

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filed a Motion to Substitute DOE Defendants which identified Defendants Robert Burleson,

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Neldon Barrowes, Kevin Kegley, Jeanette Dillon and Linda Buchanan. [ECF No. 75].

No. 110]. The Court granted Plaintiff’s Motion to Appoint Counsel and submitted this case to

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the Court’s Pro Bono Pilot Program. No Counsel has appeared for Plaintiff as of the date of

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KAEMPFER CROWELL

On December 2, 2019 this Court issued an Order on the multiple Motions above. [ECF

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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filing this Motion. The Court denied Plaintiff’s Motion to Amend Complaint but did grant

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Plaintiff’s Motion to Substitute DOE Defendants and the newly named Defendants were served

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and filed their Answer on January 13, 2020, [ECF No. 119]. Finally, the Court granted the

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Motion to Extend with the following deadlines:

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Case 2:17-cv-01964-JCM-BNW Document 128 Filed 03/24/20 Page 3 of 7

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Close of Discovery:

May 30, 2020

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Amend Pleadings:

March 1, 2020

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Expert Disclosures:

March 31, 2020

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Rebuttal Expert Disclosures: April 30, 2020

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Dispositive Motions:

June 29, 2020

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Interim Status Report:

March 31, 2020

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Joint Pre-Trial Order:

July 29, 2020

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Recently, Plaintiff filed a Motion to Extend the Deadline to Amend Pleadings. [ECF

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Nos. 123 and 126]. NaphCare opposed the Motion and the LVMPD Defendants filed a Joinder

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to the Opposition. [ECF Nos. 124 and 125].

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II.

AN EXTENSION IS WARRANTED

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A brief extension of the current deadline to disclose expert reports is warranted. The five

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(5) new LVMPD Defendants (previously identified as DOEs) referenced above recently

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appeared in this matter.

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(“CCDC”). The LVMPD Defendants’ Corrections Expert requires some additional time to

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prepare his initial expert report due to the new issues specific to these Defendants and, more

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importantly, unanticipated delays associated with COVID19.

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Corrections Expert is the Chief of a Fire Department and has been inundated because of the

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pandemic.

All are Corrections Sergeants at Clark County Detention Center

The LVMPD Defendants’

KAEMPFER CROWELL

In addition, Nevada Governor Steve Sisolak ordered that all non-essential businesses in

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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the State of Nevada be closed for the next thirty (30) days due to the worldwide pandemic and

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spread of COVID19. While Kaempfer Crowell, Counsel for the LVMPD Defendants continues

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to operate during this state wide shutdown, most attorneys and support staff are working

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Case 2:17-cv-01964-JCM-BNW Document 128 Filed 03/24/20 Page 4 of 7

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remotely and all in-person meetings and depositions have been postponed to comply with the

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CDC’s recommendations for social distancing.

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LVMPD Defendants recognize that this request is not being made within twenty-one (21)

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days of the current expert disclosure deadline, March 31, 2020 pursuant to LR 26-4; however

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LVMPD Defendants submit that good cause and excusable neglect exists.

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LR 26-4 states in relevant part:

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A motion or stipulation to extend a deadline set forth in a discovery plan must be
received by the court no later than 21 days before the expiration of the subject
deadline. A request made within 21 days of the subject deadline must be
supported by a showing of good cause. A request made after the expiration of the
subject deadline will not be granted unless the movant also demonstrates that the
failure to act was the result of excusable neglect.

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In evaluating excusable neglect, the court considers the following factors: (1) the reason

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for the delay and whether it was in the reasonable control of the moving party, (2) whether the

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moving party acted in good faith, (3) the length of the delay and its potential impact on the

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proceedings, and (4) the danger of prejudice to the nonmoving party. See Pioneer Inv. Servs. Co.

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v. Brunswick Assocs., 507 U.S. 380, 395 S. Ct. 1489, 123 L.Ed.2d 74 (1993).

The LVMPD Defendants’ Corrections Expert was working diligently to address the issues

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associated with these new Defendants in his report but has recently advised that additional time

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is needed to prepare the report. The additional time is necessary due to COVID19 related

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complications. As the Court is aware, the COVID19 pandemic issues, related shut down of

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KAEMPFER CROWELL

As stated, the five (5) newly named LVMPD Defendants recently appeared in this case.

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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businesses, and required social distancing began only a short time ago. The issues continue to

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evolve in our community and across the world. In short, the LVMPD Defendants did not know

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twenty-one (21) days ago that an extension of the expert disclosure deadline would be necessary.

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Case 2:17-cv-01964-JCM-BNW Document 128 Filed 03/24/20 Page 5 of 7

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A.

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DISCOVERY.
Discovery Completed To Date.

The LVMPD Defendants, NaphCare and Plaintiff have provided their initial Rule 26

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Disclosures.

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The LVMPD Defendants have provided six (6) additional supplemental

disclosures.

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The LVMPD Defendants have responded to two sets of Requests for Production of

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Documents and Interrogatories from Plaintiff and one set of Requests for Admissions. The

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LVMPD Defendants served two sets of Requests for Production of Documents and

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Interrogatories on Plaintiff. Plaintiff has responded to one set of Requests of Production of

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Documents. However, the remaining discovery responses are outstanding and Plaintiff has not

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responded even after LVMPD Defendants requested Plaintiff do so. Plaintiff and NaphCare also

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exchanged and responded to written discovery.

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Finally, the LVMPD Defendants have served various third-party subpoenas.

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responses received have been provided. However, one third-party has not responded despite

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demands and the LVMPD Defendants anticipate they will need to file a Motion to Compel.
2.

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The

Discovery to Be Completed.

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The LVMPD Defendants are currently preparing Requests for Admissions to Plaintiff.

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As stated above, it is likely that the LVMPD Defendants will be filing a Motion to Compel

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against a third-party for failing to comply with a Subpoena. The LVMPD Defendants and

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NaphCare will take Plaintiff’s deposition.
3.

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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Reasons Why Discovery is Incomplete.

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The LVMPD Defendants have been diligent in completing discovery, however, there

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have been some delays and because of the rapid onset of COVID-19, a brief extension of the

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current expert disclosure deadline is necessary.

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Case 2:17-cv-01964-JCM-BNW Document 128 Filed 03/24/20 Page 6 of 7

4.

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Proposed Dates.

LVMPD Defendants request that the Scheduling Order be amended to reflect the

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following:1

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Activity

Current Date

Proposed Date

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Discovery Cut-Off

May 30, 2020

May 30, 2020

Expert Disclosures

March 31, 2020

April 30, 2020

Rebuttal Expert Disclosures

April 30, 2020

May 30, 2020

Dispositive Motions

June 29, 2020

June 29, 2020

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Proposed Joint Pretrial Order

July 29, 2020

July 29, 2020

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Interim Status Report

March 31, 2020

March 31, 2020

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III.

CONCLUSION

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LVMPD Defendants are not attempting to delay the conclusion of this matter by way of

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trial or otherwise; rather they are requesting an extension to allow their corrections expert the

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time needed to complete his expert report. Based upon the foregoing, the LVMPD Defendants

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respectfully request that the Court enter a new Scheduling Order with the dates requested herein.

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DATED this 24th day of March, 2020.

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KAEMPFER CROWELL

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By: /s/ Lyssa S. Anderson
LYSSA S. ANDERSON (Nevada Bar No. 5781)
RYAN W. DANIELS (Nevada Bar No. 13094)
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135

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Attorneys for Defendants
Michael Rose, Jacqulyn Schumaker
and Cesar Esparza

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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LVMPD Defendants are requesting a thirty (30) day extension of the expert disclosure and corresponding rebuttal
expert disclosure deadlines only.

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Case 2:17-cv-01964-JCM-BNW Document 128 Filed 03/24/20 Page 7 of 7
IT IS ORDERED that ECF No. 128 is
GRANTED under LR 7-2(d).

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IT IS SO ORDERED.
IT IS SO ORDERED 

DATED this _____ day of ___________, 2020.
DATED:  April 02, 2020

__________________________________________________ 
BRENDA WEKSLER 
UNITED STATES DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE 

CERTIFICATE OF SERVICE
I certify that I am an employee of KAEMPFER CROWELL, and that on the date below, I
caused the foregoing DEFENDANTS’ MOTION TO EXTEND DISCOVERY (2nd Request)
to be served via CM/ECF and/or First Class Mail (where indicated) addressed to the following:
Justin Tripp, #40730-086
Nevada Southern Detention Center
2190 East Mesquite Avenue
Pahrump, Nevada 89060

Chad C. Couchot
SCHUERING ZIMMERMAN & DOYLE
400 University Avenue
Sacramento, California 95825-6502
[phone]
Fax: [phone]
Email: [e-mail]

Plaintiff, Pro Se
(Via U.S., First Class Mail)
Paul Cardinale
LAAURIA TOKUNAGA GAATES & LINN,
LLP.
601 South Seventh Street
Las Vegas, NV 89101
[phone]
Email: [e-mail]

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Kim Mandelbaum
MANDELBAUM ELLERTON & ASSOC.
2012 Hamilton Lane
Las Vegas, Nevada 89106
[phone]
Email: [e-mail]
Attorneys for Defendants NaphCare, Inc.
Harry Duran, M.D., Eric Lopez, P.A. and
Rachel Rudd

Attorneys for Defendants NaphCare, Inc.
Harry Duran, M.D., Eric Lopez, P.A. and
Rachel Rudd
DATED this 24th day of March, 2020.

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KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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/s/ Bonnie Jacobs
an employee of Kaempfer Crowell

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