Toliver v. Las Vegas Metropolitan Police Officers et al

Filing 49

ORDER granting ECF No. 48 Motion to Extend Time as follows:- Dispositive Motions due by July 31, 2020- Proposed Joint Pretrial Order due by August 31, 2020Signed by Magistrate Judge Daniel J. Albregts on 6/11/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 2:17-cv-02612-MMD-DJA Document 48 Filed 06/10/20 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 Defendants
Jonathan Solis and Joel Tomlinson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
GEORGE A. TOLIVER,

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CASE NO.:

2:17-cv-02612-MMD-DJA

Plaintiff,

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vs.

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LAS VEGAS METROPOLITAN POLICE
OFFICERS, et al.

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JONATHAN SOLIS and JOEL
TOMLINSON’S MOTION TO EXTEND
DISPOSITIVE MOTION DEADLINE
(1st Request)

Defendants.

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and through their counsel, Kaempfer Crowell, hereby move for an Order extending the current

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dispositive motion deadline in this matter. This Motion is based on Federal Rule of Civil

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Procedure 26 and Local Rule 26-3, the pleadings and papers on file herein, the following

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KAEMPFER CROWELL

Defendants, Jonathan Solis and Joel Tomlinson (collectively "LVMPD Defendants"), by

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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Case 2:17-cv-02612-MMD-DJA Document 48 Filed 06/10/20 Page 2 of 5

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Memorandum of Points and Authorities and any such oral argument as may be set.
DATED this 10th day of June, 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
Jonathan Solis and Joel Tomlinson

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

PROCEDURAL HISTORY

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Plaintiff served his Complaint filed June 5, 2019 on LVMPD Defendants on November

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14, 2019. LVMPD Defendants filed their Answer on December 4, 2019. [ECF No. 28]. The

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parties submitted a proposed Discovery Plan and Scheduling Order on February 14, 2020. [ECF

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No. 40]. This Court entered a Scheduling Order on March 11, 2020. [ECF No. 41]. That

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Scheduling Order provides the current deadline to file dispositive motions of July 1, 2020.

Defendants Tanner and Brandon (“State Defendants”) provide their Rule 26 Disclosures as well.

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Plaintiff never provided any disclosures to the Defendants. LVMPD Defendants served written

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discovery (Interrogatories, Requests for Admissions, and Requests for Production of Documents)

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KAEMPFER CROWELL

LVMPD Defendants provided their Rule 26 Disclosures and first Supplement to Plaintiff.

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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on Plaintiff which Plaintiff responded to. Plaintiff also served written discovery on the State

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Defendants and LVMPD Defendants which was also responded to. Discovery in this matter is

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now complete and the deadline to complete discovery has passed.

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Case 2:17-cv-02612-MMD-DJA Document 48 Filed 06/10/20 Page 3 of 5

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II.

AN EXTENSION IS WARRANTED

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Good cause is shown for the following reasons. First, as this Court is aware, Nevada

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Governor Steve Sisolak ordered that all non-essential businesses in the State of Nevada be closed

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due to the worldwide pandemic and spread of COVID19. Kaempfer Crowell did continue to

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work during the shutdown remotely. However, because of the social distancing standards and

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shut down, no in-person meetings were able to take place; no hearings took place; and no

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depositions took place. Nevada recently entered Phase II of re-opening and Kaempfer Crowell

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has resumed normal Office operations as of June 1, 2020. Likewise, this Court resumed on June

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3, 2020. Now, in-person meetings and depositions in other matters have resumed and at a fast

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pace. Indeed, Counsel has been conducting in-person meetings and attending depositions nearly

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daily. Because of this, Counsel is requesting an additional thirty (30) days to file dispositive

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motions. This brief delay is warranted due to circumstances and will not cause harm or prejudice

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to any party.

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III.

DISCOVERY.

As stated above, discovery is now closed.

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2.

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No further discovery is necessary.

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3.

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Discovery has been completed. Counsel is requesting an extension of the dispositive

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KAEMPFER CROWELL

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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motion deadline due to being inundated with meetings and depositions with business operations

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recently resuming.

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Discovery Completed To Date.

Discovery To Be Completed.

Reasons Why Discovery Incomplete.

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Case 2:17-cv-02612-MMD-DJA Document 48 Filed 06/10/20 Page 4 of 5

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4.

Proposed Dates.

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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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Dispositive Motions

July 1, 2020

July 31, 2020

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Proposed Joint Pretrial Order

July 31, 2020

August 31, 2020

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IV.

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CONCLUSION
Based upon the foregoing, LVMPD Defendants request the Court extend the current

dispositive motion deadline for an additional thirty (30) days.
DATED this 10th day of June, 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
Jonathan Solis and Joel Tomlinson

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IT IS SO ORDERED.

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Dated: June 11, 2020

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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__________________________
Daniel J. Albregts
United States Magistrate Judge

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LVMPD Defendants are requesting an extension of the dispositive motion deadline, only, by thirty (30) days.

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Case 2:17-cv-02612-MMD-DJA Document 48 Filed 06/10/20 Page 5 of 5

CERTIFICATE OF SERVICE

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I certify that I am an employee of KAEMPFER CROWELL, and that on the date below, I
caused the foregoing JONATHAN SOLIS and JOEL TOMLINSON’S MOTION TO
EXTEND DISPOSITIVE MOTION DEADLINE (1st Request) to be served via CM/ECF
and/or First Class Mail (where indicated) addressed to the following:
George A. Tolliver
867 N. Lamb Blvd., #203
Las Vegas, NV 89110

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Plaintiff, Pro Se
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Adam D. Honey
Office of the Attorney General
555 E. Washington Ave. Ste. 3900
Las Vegas, NV 89101
Attorney for Defendants Eva Tanner and
Shane Brandon

(Via U.S., First Class Mail)
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DATED this 10th day of June, 2020.

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/s/ Bonnie Jacobs
an employee of Kaempfer Crowell

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KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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