Bowie v. Lombardo et al

Filing 27

ORDER granting 26 Stipulation. Discovery due by 3/14/2019. Motions due by 4/15/2019. Proposed Joint Pretrial Order due by 5/15/2019. Signed by Magistrate Judge Peggy A. Leen on 1/10/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00686-GMN-PAL Document 26 Filed 01/07/19 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
Sheriff Joseph Lombardo,
Officer D. Coyne and Officer G. Anton

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAWANN BOWIE,

CASE NO.:

2:18-cv-00686-GMN-PAL

Plaintiff,

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vs.
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OFFICER D. COYNE, in his official capacity
as Las Vegas Metropolitan Peace Officer;
OFFICER G. ANTON, in his official capacity
as Las Vegas Metropolitan Peace Officer;
SHERIFF JOE LOMBARDO, in his official
capacity as Las Vegas Metropolitan Police
Sheriff; CITY OF CLARK COUNTY
NEVADA,

STIPULATION TO EXTEND
DISCOVERY
(Second Request)

Defendants.

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KAEMPFER CROWELL

Jawann Bowie (“Plaintiff”), Officer Daniel Coyne, Officer George Anton and Sheriff

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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Joseph Lombardo (“LVMPD Defendants”) and Clark County (“County”) stipulate and request to

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extend the discovery cut-off date for thirty (30) days to allow the parties additional time to

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complete discovery. The current cut-off date is February 12, 2019 but the parties agree it should

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be continued until March 14, 2019. The parties respectfully request the Court enter an order to

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extend discovery for a brief period to allow the deposition of Plaintiff to be taken.

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I.

DISCOVERY COMPLETED TO DATE

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The parties have exchanged their initial Rule 26 Disclosures and LVMPD Defendants

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provided their first supplemental disclosures to the parties. LVMPD Defendants served their

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initial written discovery requests (Interrogatories, Requests for Production of Documents and

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Requests for Admissions) on Plaintiff and Plaintiff has responded. LVMPD Defendants timely

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disclosed their expert report.

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subpoenas.

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II.

Recently LVMPD Defendants served several third-party

DISCOVERY YET TO BE COMPLETED

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Upon receipt of the response to the various third-party subpoenas, LVMPD Defendants

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will provide a supplemental disclosure. The deposition of Plaintiff is to be scheduled by the

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LVMPD Defendants.

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III.

REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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The parties previously requested an extension of the discovery deadlines and have been

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diligent in conducting discovery since the request was granted. However, due to the holidays,

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hearings, calendar and deadlines in other matters, LVMPD Defendants’ Counsel has no time to

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depose the Plaintiff prior to the close of discovery. As such, the parties request a brief thirty day

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extension so that Plaintiff’s deposition can be taken in February.

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IV.

PROPOSED EXTENDED DEADLINES

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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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 February 12, 2019, should be extended for a period

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Discovery Deadline.

of thirty (30) days, up to and including March 14, 2019.

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(B)

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The deadline for disclosure of expert reports has passed and the parties do not request any

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extension of this deadline. The parties, and each of them, shall disclose rebuttal experts by

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January 14, 2019.

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(C)

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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

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later than thirty (30) days after the close of discovery, or by April 15, 2019.
(D)

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Experts and Rebuttal Experts.

Dispositive Motions.

Motions in Limine/Daubert Motions.

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

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

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the motion submitted for decision 14 days thereafter. Reply briefs will be allowed only with

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leave of the Court.

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(E)

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

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than thirty (30) days after the date set for filing dispositive motions, or by May 15, 2019, unless

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dispositive motions are filed, in which case the date for filing the Joint Pretrial Order shall be

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suspended until 30 days after the decision on the dispositive motions or further order of this

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

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in the final pretrial order.

Pretrial Order.

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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(F)

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The parties have already filed the Joint Interim Status Report at ECF No. 25.

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Interim Status Report.

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Case 2:18-cv-00686-GMN-PAL Document 26 Filed 01/07/19 Page 4 of 5

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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 21 days before

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

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shall not be granted unless the movant demonstrates that the failure to set was the result of

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

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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

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not completed within the time limits set by the discovery plan; and
(d)

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KAEMPFER CROWELL

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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A proposed scheduled for completing all discovery.

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This request for an extension is made in good faith, jointly by the parties hereto, to allow

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the parties adequate time for discovery. This request is timely. Trial is not yet set in this matter

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dispositive motions have not yet been filed. Accordingly, 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

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will allow the parties the necessary time to prosecute this case.
DATED this 7th day of January, 2019.

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By:

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/s/ Lyssa S. Anderson
LYSSA S. ANDERSON
(Nevada Bar No. 5781)
RYAN W. DANIELS
(Nevada Bar No. 13094)
1980 Festival Plaza Dr.
Las Vegas, Nevada 89135

By:

/s/ Jawann Bowie
JAWANN BOWIE
1143 S. Prairie
Inglewood, CA, 90301
Plaintiff in Proper Person

Attorneys for Defendants
Sheriff Joseph Lombardo, Officer D.
Coyne and Officer G. Anton

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/s/ Jason B. Patchett
JASON B. PATCHETT
(Nevada Bar No. 13928)
500 S. Grand Central Pkwy.
Las Vegas, NV 89155

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Attorney for Clark County

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By:

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IT IS SO ORDERED:

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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UNITED STATES MAGISTRATE JUDGE
CASE NO.: 2:18-cv-00686-GMN-PAL

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Dated: January 10, 2019

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