Harlow et al v. Nevada Properties 1 LLC et al
Filing
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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: (702) 792-7000
Fax:
(702) 796-7181
landerson@kcnvlaw.com
rdaniels@kcnvlaw.com
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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