Kemp Sr v. Las Vegas Metropolitan Police Dept et al

Filing 81

ORDER granting 80 STIPULATION FOR EXTENSION OF TIME (Sixth or more Request) re Discovery Deadlines. Discovery due by 12/31/2020. Motions due by 2/1/2021. Proposed Joint Pretrial Order due by 3/3/2021. Signed by Magistrate Judge Brenda Weksler on 10/6/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:18-cv-00169-RFB-BNW Document 80 Filed 10/02/20 Page 1 of 5

1 TREVOR J. HATFIELD, ESQ
2 Nevada Bar No. 7373
HATFIELD & ASSOCIATES, LTD.
3 703 S. Eighth Street
Las Vegas, Nevada 89101
4 Telephone: [phone]
5 Facsimile: [phone]
Email: [e-mail]
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Attorney for Plaintiff In conjunction with Legal Aid Center of
7 Southern Nevada Pro Bono Project
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703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

UNITED STATES DISTRICT COURT

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HATFIELD & ASSOCIATES, LTD.

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DISTRICT OF NEVADA

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TERRELL DESHON KEMP, SR.,

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

Plaintiff,

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vs.
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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

STIPULATION TO EXTEND
DISCOVERY
(Sixth Request)

Defendants.
COMES NOW, Plaintiff Terrell Deshon Kemp, Sr., (“Plaintiff”), by and through his

19 counsel, the law firm of Hatfield & Associates, Ltd., appearing pro bono publico, and
20 Defendants Las Vegas Metropolitan Police Department, Sgt. Gregory Dawson, Captain Nita
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Schmidt and Officer Hugh Hardy, (“LVMPD Defendants”) by and through their counsel, the law

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firm of Kaempfer Crowell, and Defendants Larry Williamson, M.D., Ashley, Komacsar,

24 Director of Nursing, and NaphCare, Inc. (“NaphCare Defendants”) by and through their counsel,
25 the law firm of Lewis Brisbois Bisgaard & Smith, LLP, hereby stipulate and agree to extend the
26 the discovery deadlines set forth in the Stipulation and Order to Extend Discovery (Fifth
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Request) (ECF #79) to December 31, 2020, pursuant to LR IA 6-1 and LR 26-4 for the reasons
provided below. This is the parties’ sixth request for an extension of discovery deadlines.

Case 2:18-cv-00169-RFB-BNW Document 80 Filed 10/02/20 Page 2 of 5

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Discovery closes on October 23, 2020. The last day to file Dispositive Motions is
November 23, 2020.

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1. DISCOVERY COMPLETED TO DATE:
A.

Plaintiff served Initial Disclosures on Defendants on February 5, 2019, and First

6 Supplemental Disclosures on November 25, 2019.
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B.

NaphCare Defendants served Initial Disclosures on Plaintiff and LVMPD

Defendants on March 28, 2019, and First Supplemental Disclosures on June 22, 2020.

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703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

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C.

LVMPD Defendants served Initial Disclosures on Plaintiff and NaphCare

11 Defendants on April 12, 2019.
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D.

NaphCare Defendants served discovery on Plaintiff in the form of Interrogatories

13 on May 31, 2019 and Requests for Production on June 4, 2019.
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E.
LVMPD Defendants served Initial Expert Disclosure on Plaintiff and NaphCare
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Defendants on July 25, 2019 and Supplemental Expert Disclosure on August 24, 2019.
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F.

LVMPD Defendants served discovery on Plaintiff in the form of Interrogatories

18 and Requests for Admissions on October 2, 2019.
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G.

NaphCare Defendants served Initial Expert Disclosure on Plaintiff and LVMPD

Defendants on August 24, 2020.

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H.

Plaintiff served discovery on LVMPD Defendants in the form of Interrogatories

23 and Requests for Production of Documents on September 21, 2020, and Interrogatories on
24 Defendant Officer Hardy on September 21, 2020.
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I.

Plaintiff served discovery on NaphCare Defendants in the form of Interrogatories

and Requests for Production of Documents on September 21, 2020, and Interrogatories on

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Defendant Dr. Larry Williamson on September 21, 2020.

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Case 2:18-cv-00169-RFB-BNW Document 80 Filed 10/02/20 Page 3 of 5

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J.

NaphCare Defendants deposed Plaintiff on June 30, 2020, which deposition was

2 continued to August 19, 2020.
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2. DISCOVERY YET TO BE COMPLETED:
A.

Plaintiff intends to take the depositions of each of the Defendants’ Person Most

Knowledgeable (“PMK”) as well as Defendant Officer Hardy and Defendant Dr. Williamson.

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3. REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED.
Good cause exists for this extension, as the current coronavirus/COVID-19 pandemic has

703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

9 caused, and continues to cause, disruption to the practices of counsel involved in this case. The
10 parties have been diligent in conducting discovery. Discovery closes on October 23, 2020.
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Plaintiff’s counsel requires to take the depositions of Defendants’ PMKs which has been difficult
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to arrange as this is a pro bono case and funding must be approved. The parties respectfully
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14 request that the discovery deadlines in this matter be extended to December 31, 2020. This is the
15 sixth request for an extension, which is made in good faith and joined by all the parties and not
16 for the purposes of delay. Moreover, since this request is a joint request, neither party will be
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prejudiced.
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4. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY AND OTHER
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DISCOVERY DEADLINES.
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A.
On May 11, 2020, this Court ordered that the last date to complete discovery
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would be October 23, 2020, that the last day to file dispositive motions would be November 23,
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23 2020, and that the last day to file a pretrial order would be December 23, 2020. The parties
24 stipulate and agree to a proposed extension of discovery to December 31, 2020, which would
25 result in the following proposed rescheduled discovery dates:
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Case 2:18-cv-00169-RFB-BNW Document 80 Filed 10/02/20 Page 4 of 5

B.

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Summary of Proposed Changes

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Current Deadline

Revised Deadline

3 Close of Discovery

October 23, 2020

December 31, 2020

Dispositive Motions

November 23, 2020

Pretrial Order

December 23, 2020

February 1, 2020 as the 30th day
after close of discovery is
January 30, 2020 which is a
Saturday.
March 3, 2021

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Dated this 2nd day of October 2, 2020

Dated this 2nd day of October, 2020

703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

10 HATFIELD & ASSOCIATES
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/s/ Trevor J. Hatfield
By:
Trevor J. Hatfield, Esq. (SBN 7373)
703 S. Eighth Street
Las Vegas, Nevada 89101
Tel: [phone]
Email: [e-mail]
Attorney for Plaintiff In conjunction with
Legal Aid Center of Southern Nevada Pro
Bono Project

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LEWIS BRISBOIS BISGAARD & SMITH,
LLP
/s/ Katherine J. Gordon
By:
_________________
S. Brent Vogel, Esq. (SBN 6858)
Katherine J. Gordon, Esq. (SBN 5813)
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Tel.: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants Larry Williamson,
M.D., Ashley Komacsar, Director of Nursing,
and NaphCare, Inc.

Case 2:18-cv-00169-RFB-BNW Document 80 Filed 10/02/20 Page 5 of 5

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nd
2 Dated this 2 day of October, 2020

3 KAEMPFER CROWELL

703 8th Street * Las Vegas, Nevada 89101
Telephone [phone]

HATFIELD & ASSOCIATES, LTD.

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/s/Lyssa S. Anderson

5 By:
LYSSA S. ANDERSON, ESQ. (SBN 5781)
RYAN W. DANIELS, ESQ. (SBN 13094)
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1980 Festival Plaza Drive, Ste. 650
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Las Vegas, Nevada 89135
Tel: [phone]
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Email: [e-mail]
Email: [e-mail]
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Attorneys for Las Vegas Metropolitan
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Police Department, Sgt. Gregory Dawson,
Captain Nita Schmidt and Officer Hugh Hardy
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ORDER

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18 IT IS SO ORDERED:
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UNITED STATES MAGISTRATE JUDGE

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Dated: October 6, 2020.

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