Kemp Sr v. Las Vegas Metropolitan Police Dept et al

Filing 79

ORDER granting 78 STIPULATION FOR EXTENSION OF TIME (Fifth Request) re Discovery re 47 Scheduling Order. Discovery due by 10/23/2020. Motions due by 11/23/2020. Proposed Joint Pretrial Order due by 12/23/2020. Signed by Magistrate Judge Brenda Weksler on 5/11/2020. (Copies have been distributed pursuant to the NEF - DRS)

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1 S. BRENT VOGEL
Nevada Bar No. 6858
2 [e-mail]
KATHERINE J. GORDON
3 Nevada Bar No. 5813
[e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
T: 702.893.3383
6 F: 702.893.3789
Attorneys for Defendants
7 Larry Williamson, M.D., Ashley Komacsar,
Director of Nursing, and NaphCare, Inc.
8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 TERRELL DESHON KEMP, SR.,

CASE NO. 2:18-cv-00169-RFB-BNW

Plaintiff,

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vs.

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14 LAS VEGAS METROPOLITAN POLICE
DEPARTMENT; ET AL.
15
Defendants.
16

STIPULATION TO EXTEND
DISCOVERY
(FIFTH REQUEST)

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

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19 off date of July 24, 2020, be continued for a period of ninety (90) days up to and including
20 October 23, 2020, for the purpose of allowing to subpoena third-parties, disclose expert witnesses,
21 and take depositions of the parties.
22 I.

DISCOVERY COMPLETED TO DATE

23

The parties have exchanged their initial Rule 26 Disclosures and supplemented their Rule

24 26 Disclosures. Defendants Williamson, NaphCare and Komascar (“NaphCare Defendants”)
25 served Interrogatories and Requests for Production of Documents on Plaintiff; and responses were
26 due July 8, 2019. Defendants Las Vegas Metropolitan Police Department, Schmidt, Dawson and
27 Hardy served their Interrogatories, Requests for Admissions and Requests for Production of

LEWIS

BRISBOIS

28 Documents (“LVMPD Defendants”) on Plaintiff; and responses were due to all by November 1,

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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1 2019. Plaintiff requested extensions to respond to written discovery were granted due to Plaintiff’s
2 incarceration and difficulties communicating with Counsel. Therefore, Plaintiff did not provide his
3 responses to NaphCare Defendants and LVMPD Defendants until December 20, 2019. LVMPD
4 Defendants disclosed their initial expert report. NaphCare Defendants served subpoenas to
5 Plaintiff’s previous medical providers and previous employers. NaphCare Defendants provided
6 additional medical records obtained via subpoena in a 1st Supplement to their Rule 26 Disclosure.
7 II.

DISCOVERY YET TO BE COMPLETED

8

Defendants will serve a subpoena for a copy of Plaintiff’s medical records from Ely State

9 Prison. The parties will schedule the deposition of Plaintiff. Experts will then review Plaintiff’s
10 deposition transcript and any additional medical records to provide their opinions. Supplemental
11 expert reports will be disclosed and any necessary rebuttal expert reports.
12 III.

REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

13

As this Court is aware, Plaintiff recently amended his Complaint to add three new causes

14 of action (Negligence, Negligence Per Se, and Negligent Hiring, Training, Selection and
15 Supervision) against NaphCare Defendants and LVMPD Defendants. [ECF No. 75]. The parties
16 will need to complete additional discovery for the new causes of action. Further, the parties
17 require additional time to schedule Plaintiff’s deposition at Ely State Prison due to the current
18 COVID-19 restrictions.
19 IV.

PROPOSED EXTENDED DEADLINES

20

The parties respectfully request this Court enter an order as follows:

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A.

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The current discovery cut-off date of July 24, 2020, should be extended for a period of

Discovery Deadline.

23 ninety (90) days, up to and including October 23, 2020.
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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)

26 days before the discovery cut-off date, or by August 24, 2020. The parties, and each of them, shall

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

27 disclose rebuttal experts at least thirty (30) days after the initial date for disclosure of experts, or
28 by September 24, 2020.
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1

C.

Dispositive Motions.

2

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

3 motions for summary judgment, and all other dispositive motions shall be filed and served no later
4 than thirty (30) days after the close of discovery, or by November 23, 2020.
5

D.

Motions in Limine/Daubert Motions.

6

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

7 served 30 days prior to the commencement of Trial. Oppositions shall be filed and served and the
8 motion submitted for decision 14 days thereafter. Reply briefs will be allowed only with leave of
9 the Court.
10

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

12 than thirty (30) days after the date set for filing dispositive motions, or by December 23, 2020,
13 unless dispositive motions are filed, in which case the date for filing the Joint Pretrial Order shall
14 be suspended until 30 days after the decision on the dispositive motions or further order of this
15 Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections shall be included in
16 the final pretrial order.
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F.

Interim Status Report.

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

19 parties shall submit an interim status report stating the time they estimate will be required for trial
20 giving three (3) alternative available trial dates, and stating whether in the opinion of counsel who
21 will try the case, trial will be eliminated or its length affected by substantive motions. The status
22 report shall be signed by counsel for each party or the party, if appearing in pro se. The parties
23 shall file the interim status report by August 24, 2020.
24

G.

Extensions or Modification of the Discovery Plan and Scheduling Order.

25

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

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

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

27 supported by a showing of good cause for the extension. All motions or stipulations to extend a
28 deadline set forth in a discovery plan shall be received by the Court not later than 21 days before
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1 the expiration of the subject deadline. A request made after the expiration of the subject deadline
2 shall not be granted unless the movant demonstrates that the failure to set was the result of
3 excusable neglect. Any motion or stipulation to extend a deadline or to reopen discovery shall
4 include:
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(a) A statement specifying the discovery completed;

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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

8 completed within the time limits set by the discovery plan; and
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(d) A proposed scheduled for completing all discovery.

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& SMITH LLP
ATTORNEYS AT LAW

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1

This request for an extension is made in good faith and joined by all the parties in this case.

2 Trial is not yet set in this matter and dispositive motions have not yet been filed. Accordingly, this
3 extension will not delay this case. Moreover, since this request is a joint request, neither party will
4 be prejudiced. The extension will allow the parties the necessary time to complete discovery.
5 Dated: this 8th day of May, 2020.
LEWIS BRISBOIS BISGAARD & SMITH
6 LLP
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/s/ Katherine J. Gordon
S. BRENT VOGEL
Nevada Bar No. 6858
KATHERINE J. GORDON
Nevada Bar No. 5813
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendants Larry Williamson,
M.D. Ashley, Director of Nursing, and
Naphcare, Inc.

Dated: this 8th day of May, 2020.
KAEMPFER CROWELL

/s/ Lyssa S. Anderson
LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
1980 Festival Plaza Dr., Suite 650
Las Vegas, Nevada 89135
Attorneys for Defendants Las Vegas
Metropolitan Police Department, Sgt.
Gregory Dawson, Captain Nita Schmidt and
Officer Hugh Hardy

14 Dated: this 8th day of May, 2020.
HATFIELD LAW ASSOCIATES
15
16

/s/ Trevor J. Hatfield
17 TREVOR J. HATFIELD
Nevada Bar No. 7373
18 703 S. Eighth Street
19 Las Vegas, Nevada 89101
Attorney for Plaintiff
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IT IS SO ORDERED:
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5/11/2020

22
UNITED STATES MAGISTRATE JUDGE
CASE NO.: 2:18-cv-00169-RFB-BNW

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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