Tripp v. Clark County et al

Filing 196

ORDER granting 195 Stipulation to Extend Dispositive Motion Deadline. Motions due by 4/26/2021. Signed by Magistrate Judge Brenda Weksler on 3/22/2021. (Copies have been distributed pursuant to the NEF - HAM)

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LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
KRISTOPHER J. KALKOWSKI
Nevada Bar No. 14892
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants
Las Vegas Metropolitan Police Department
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-BNW

Plaintiff,
vs.
CLARK COUNTY, et al.

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Defendants.

STIPULATION TO EXTEND
DISPOSITIVE MOTION DEADLINE
[ECF No. 192]
(Second Request)

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KAEMPFER CROWELL

Pursuant to LR 6-1 and LR 26-3, Defendants Las Vegas Metropolitan Police Department

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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(“LVMPD”), Michael Rose, Jacqulyn Schumaker, Cesar Esparza, Robert Burleson, Neldon

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Barrowes, Kevin Kegley, Jeanette Dillon and Linda Buchanan (“LVMPD Defendants”),

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Defendants, NaphCare, Inc. Harry Duran, M.D., Eric Lopez, P.A. and Rachel Rudd (“Naphcare

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Defendants”) and Plaintiff, Justin L. Tripp (“Plaintiff”) by and through their respective Counsel

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hereby stipulate, agree, and request that this Court extend the dispositive motion deadline from

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the current date of March 26, 2021 as the parties anticipate additional time is needed to prepare

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the Motions due to pending deadlines and hearings in other matters.

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A.

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All discovery in this case has been completed. The parties exchanged numerous Rule 26

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Disclosures, exchanged and responded to written discovery (Interrogatories, Requests for

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Production of Documents and Requests for Admissions), served third-party Subpoenas, took the

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deposition of Plaintiff and disclosed expert reports. Discovery closed on August 28, 2020.

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B.

Discovery Completed to Date

Discovery Remaining to be Completed

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No further discovery is needed.

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C.

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As stated above, Counsel has numerous other deadlines around the same time that the

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current dispositive motion deadline is set. As such, the parties are requesting this brief extension

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at this time.

Reason for Request for Extension of Dispositive Motion Deadline

Accordingly, the parties respectfully request that this Court enter an order as follows:

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(1) Dispositive Motions.

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The parties request the current deadline of March 26, 2021 be extended to April 26, 2021.

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The parties recognize that they are requesting the instant extension for filing dispositive

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motions within 21 days before the expiration of the dispositive motion deadline. See LR 26-3.

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KAEMPFER CROWELL

D.

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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Excusable neglect exists to permit granting the instant requested extension.

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excusable neglect, the court considers the following factors: (1) the reason for the delay and

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whether it was in the reasonable control of the moving party, (2) whether the moving party acted

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in good faith, (3) the length of the delay and its potential impact on the proceedings, and (4) the

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Proposed Extended Deadline for Dispositive Motions

In evaluating

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danger of prejudice to the nonmoving party. See Pioneer Inv. Servs. Co. v. Brunswick Assocs.,

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507 U.S. 380, 395 S. Ct. 1489, 123 L.Ed.2d 74 (1993). In beginning to prepare dispositive

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motions, the parties realized that due to the complexity of the claims in this case, the number of

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individual Defendants named and the extensive discovery conducted; additional time is going to

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be needed to prepare the motions. This is especially true in light of other hearings, depositions

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and deadlines in other matters. Although the parties intended to file the motions by the current

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deadline, it has become evident that more time will be needed. Simply put, the parties did not

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know twenty-one (21) days ago that more time would be needed.
This request for an extension is made in good faith and joined by all the parties in this

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case.

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Accordingly, this extension will not delay this case. Moreover, since this request is a joint

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request, no party will be prejudiced. The extension will allow the parties the necessary time to

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prepare motions.
DATED this 18th day of March, 2021.

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Trial is not yet set in this matter and dispositive motions have not yet been filed.

HATFIELD & ASSOCIATES, LTD.

KAEMPFER CROWELL

By:

By:
/s/ Lyssa S. Anderson
LYSSA S. ANDERSON (5781)
RYAN W. DANIELS (13094)
KRISTOPHER J. KALKOWSKI (14892)
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135

/s/ Trevor J. Hatfield
TREVOR J. HATFIELD (7373)
703 S. 8th Street
Las Vegas, NV 89101
Attorneys for Plaintiff

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Attorneys for Defendants
Las Vegas Metropolitan Police
Department, Michael Rose, Jacqulyn
Schumaker, Cesar Esparza, Robert
Burleson, Neldon Barrowes, Kevin
Kegley, Jeanette Dillon and Linda
Buchanan

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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LAW OFFICES OF LAURIA,
TOKUNAGA, GATES & LINN

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By:

/s/ Paul A. Cardinale
PAUL A. CARDINALE (6858)
601 S. Seventh St.
Las Vegas, NV 89101
Attorneys for Defendants NaphCare,
Inc. Harry Duran, M.D., Eric Lopez,
P.A. and Rachel Rudd
IT IS SO ORDERED:

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ORDER

IT IS SO ORDERED
UNITED STATES 2021
DATED: 4:22 pm, March 22,DISTRICT COURT JUDGE
CASE NO.: 2:17-cv-01964-JCM-BNW

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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