Harlow et al v. Nevada Properties 1 LLC et al

Filing 26

ORDER granting 25 Stipulation; Discovery due by 7/16/2018. Motions due by 8/14/2018. Proposed Joint Pretrial Order due by 9/13/2018. Signed by Magistrate Judge Carl W. Hoffman on 2/21/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02082-RFB-CWH Document 25 Filed 02/20/18 Page 1 of 5

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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 Defendant
LAS VEGAS METROPOLITAN POLICE DEPARTMENT

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRIS HARLOW and DEMIA HARLOW,

CASE NO.:

2:17-cv-02082-RFB-CWH

Plaintiffs,

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vs.
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NEVADA PROPERTY 1 LLC d/b/a THE
COSMOPOLITAN OF LAS VEGAS; LAS
VEGAS METROPOLITAN POLICE
DEPARTMENT; GRAY CLARKE; DOES 130, inclusive; and, ROE CORPORATIONS 110, inclusive.
Defendants.

STIPULATION TO EXTEND
DISCOVERY
(First Request)

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off date of May 16, 2018, be continued for a period of sixty (60) days up to and including July 16,

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2018, for the purpose of allowing the parties to complete written discovery, retain and disclose

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8345 West Sunset Road
Suite 250
Las Vegas, Nevada 89113

IT IS HEREBY STIPULATED AND AGREED between the parties that the discovery cut-

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KAEMPFER CROWELL RENSHAW
GRONAUER & FIORENTINO

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expert witnesses, and take depositions of the parties.

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DISCOVERY COMPLETED TO DATE

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Plaintiff and Defendants, LAS VEGAS METROPOLITAN POLICE DEPARTMENT,

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(“LVMPD”) and NEVADA PROPERTY 1 LLC d/b/a THE COSMOPOLITAN OF LAS VEGAS

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Case 2:17-cv-02082-RFB-CWH Document 25 Filed 02/20/18 Page 2 of 5

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(“Cosmopolitan”) have exchanged their initial Rule 26(f) Disclosures.

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LVMPD served its initial written discovery requests (Interrogatories, Requests for

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Admissions and Requests for Production of Documents) on Plaintiffs. Plaintiffs have responded to

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the Interrogatories and Requests for Production of Documents; responses to the Requests for

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Admissions are due February 26, 2018. Similarly, Cosmopolitan served its initial written discovery

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requests on Plaintiffs; which responses are currently outstanding.
LVMPD has served several third-party subpoenas and has received responses to some of the

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subpoenas. There are still some outstanding responses due.
DISCOVERY YET TO BE COMPLETED

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LVMPD is currently preparing a disclosure with materials it has received to date from

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responses to subpoenas. LVMPD will make an additional supplement once additional responses are

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received. Plaintiffs will respond to Cosmopolitan’s outstanding written discovery requests. The

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parties will conduct several depositions of the individual parties and third parties. The parties will

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also disclose expert and rebuttal expert witnesses.

The parties have been actively engaged in discovery in this matter. However, LVMPD is

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not able to obtain an expert report without documents from third-parties which are slowly being

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received in response to the subpoenas. The materials exchanged by the parties and received in

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response to subpoenas to date are voluminous. The current deadline to disclose expert reports is

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March 19, 2018. Due to the amount of materials the experts must review and because there is some

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8345 West Sunset Road
Suite 250
Las Vegas, Nevada 89113

REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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KAEMPFER CROWELL RENSHAW
GRONAUER & FIORENTINO

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discovery still outstanding, the experts will need additional time to review all materials before

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preparing their reports. As such, the parties require additional time to continue discovery and

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provide the information to experts.

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///

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Case 2:17-cv-02082-RFB-CWH Document 25 Filed 02/20/18 Page 3 of 5

PROPOSED EXTENDED DEADLINES

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Accordingly, it is hereby stipulated and respectfully requested that this Court enter an order

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as follows:

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(A)

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That the current discovery cut-off date of May 16, 2018, be extended for a period of sixty

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Discovery Deadline.

(60) days, up to and including July 16, 2018.

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(B)

Experts and Rebuttal Experts.

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The parties, and each of them, shall disclose their experts to each other at least sixty (60)

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days before the discovery cut-off date, or by May 18, 2018. The parties, and each of them, shall

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disclose rebuttal experts at least thirty (30) days after the initial date for disclosure of experts, or by

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June 18, 2018.

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(C)

Dispositive Motions.

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All pretrial motions, including but not limited to, discovery motions, motions to dismiss,

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motions for summary judgment, and all other dispositive motions shall be filed and served no later

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than thirty (30) days after the close of discovery, which is by August 14, 2018.

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(D)

Motions in Limine/Daubert Motions.

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Under LR 16-3(b), any motions in limine, including Daubert type motions, shall be filed and

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served thirty (30) days prior to the commencement of Trial. Oppositions shall be filed and served

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and the motion submitted for decision fourteen (14) days thereafter. Reply briefs will be allowed

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only with leave of the Court.

8345 West Sunset Road
Suite 250
Las Vegas, Nevada 89113

KAEMPFER CROWELL RENSHAW
GRONAUER & FIORENTINO

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(E)

Pretrial Order.

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Pursuant to LR 26(1)(e)(5) the Joint Pretrial Order shall be filed with this Court no later than

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thirty (30) days after the date set for filing dispositive motions, which shall be by September 13,

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2018, unless dispositive motions are filed, in which case the date for filing the Joint Pretrial Order

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shall be suspended until thirty (30) days after the decision on the dispositive motions or further

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order of this Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections shall be

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included in the final pretrial order.

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(F)

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In accordance with LR 26-3, not later than sixty (60) days before the discovery cut-off, the

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parties shall submit an interim status report stating the time they estimate will be required for trial

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giving three (3) alternative available trial dates, and stating whether in the opinion of counsel who

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will try the case, trial will be eliminated or its length affected by substantive motions. The status

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report shall be signed by counsel for each party or the party, if appearing in pro se. The parties

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Interim Status Report.

shall file the interim status report by May 18, 2018.

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(G)

Extensions or Modification of the Discovery Plan and Scheduling Order.

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In accordance with LR 26-4, applications to extend any date set by the discovery plan,

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scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be

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supported by a showing of good cause for the extension. All motions or stipulations to extend a

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deadline set forth in a discovery plan shall be received by the Court not later than twenty-one (21)

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days before the expiration of the subject deadline. A request made after the expiration of the

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subject deadline shall not be granted unless the movant demonstrates that the failure to set was the

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result of excusable neglect. Any motion or stipulation to extend a deadline or to reopen discovery

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shall include:

8345 West Sunset Road
Suite 250
Las Vegas, Nevada 89113

(a)

A statement specifying the discovery completed;

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KAEMPFER CROWELL RENSHAW
GRONAUER & FIORENTINO

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(b)

A specific description of the discovery that remains to be completed;

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(c)

The reasons why the deadline was not satisfied or the remaining discovery was not

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completed within the time limits set by the discovery plan; and
(d)

A proposed scheduled for completing all discovery.

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This extension request is made in good faith, jointly by the parties, to allow additional time

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for the parties to conduct additional discovery, take depositions and expert reports to be prepared

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and disclosed. This request is timely pursuant to LR 26-4. Trial in this matter has not yet been set

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and dispositive motions have not yet been filed. As such, this extension will not delay this case.

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Moreover, since this request is a joint request, neither party will be prejudiced. The extension will

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allow the parties the time needed to adequately prosecute this case.
DATED this 20th day of February, 2018.

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KAEMPFER CROWELL

CISNEROS & MARIAS

By:

By:

/s/ Lyssa S. Anderson

Lyssa S. Anderson, Esq. (#5781)
Ryan W. Daniels, Esq. (#13094)
1980 Festival Plaza Dr., Ste. 650
Las Vegas, Nevada 89135
Attorneys for LVMPD

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/s/ Jason C. Foulger

Jason C. Foulger, Esq. (#7338)
1160 N. Town Center Dr., Suite 130
Las Vegas, NV 89144
Attorneys for Nevada Property 1,
LLC d/b/a The Cosmopolitan of Las
Vegas

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By:

/s/ Lucas A. Grower

Lucas A. Grower, Esq. (#11384)
1810 E. Sahara Ave., #112
Las Vegas, NV 89104
Attorneys for Plaintiffs
IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED: February 21, 2018
CASE NO.: 2:17-cv-02082-RFB-CWH

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8345 West Sunset Road
Suite 250
Las Vegas, Nevada 89113

KAEMPFER CROWELL RENSHAW
GRONAUER & FIORENTINO

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