Kendrick v. Clark County

Filing 41

ORDER granting 40 Stipulation. Discovery due by 6/21/2019. Motions due by 7/22/2019. Proposed Joint Pretrial Order due by 8/21/2019. Signed by Magistrate Judge George Foley, Jr on 3/28/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00781-JAD-GWF Document 40 Filed 03/27/19 Page 1 of 4

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JAMES P. KEMP, ESQ.
Nevada Bar No.: 6375
VICTORIA L. NEAL, ESQ.
Nevada Bar No.: 13382
KEMP & KEMP
7435 W. Azure Drive, Ste 110
Las Vegas, NV 89130
702-258-1183 ph./702-258-6983 fax
[e-mail]
[e-mail]
Attorneys for Plaintiff
Johnny L. Kendrick, Jr.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
***

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ATTORNEYS AT LAW
7435 W. AZURE DR., SUITE 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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)
) Case No.: 2:18-cv-00781-JAD-GWF
)
Plaintiff,
)
v.
)
) STIPULATION AND ORDER TO
CLARK COUNTY, a political subdivision of ) EXTEND DISCOVERY PLAN AND
) SCHEDULING ORDER
the State of Nevada; JOHN MARTIN in his
)
official and/or individual capacities; PATRICK )
SCHREIBER in his official and/or individual ) (First Request)
capacities; CAROLYN BANKS, in her official )
)
and/or individual capacities; and, SANDY
)
JEANTETE, in her official and/or individual
)
capacities,
)
Defendants. )
JOHNNY L. KENDRICK, JR.,

Pursuant to Local Rules IA 6-1 and 26-4, Plaintiff JOHNNY L. KENDRICK (“Plaintiff”)
by and through its counsel, Kemp & Kemp, and Defendant CLARK COUNTY (“Defendant”),
by and through its counsel, Clark County District Attorney, hereby stipulate to amend the
Discovery Plan and Scheduling Order (ECF No. 24) by extending the outstanding discovery
deadlines for a period of sixty (60) days. This is the first request for an extension to the discovery
plan and scheduling order in this matter. The requested extension is sought in good faith and not
for purposes of delay.

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Case 2:18-cv-00781-JAD-GWF Document 40 Filed 03/27/19 Page 2 of 4

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REASONS FOR REQUESTING EXTENSION

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ATTORNEYS AT LAW
7435 W. AZURE DR., SUITE 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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The parties have worked diligently and cooperatively in resolving discovery issues in this
matter so as to avoid intervention by the Court. This includes, but is not limited to, allowing
additional time to answer formal written discovery requests. Currently, the parties are engaged in
amicable discussions to resolve issues surrounding the production of non-party employee
comparator files and finalizing a negotiated protective order. Production of these comparator
files is critical to prosecute and/or defend this case and requires the utmost care to protect any
possible privacy concerns of the non-party employee comparators. In addition, the parties have
engaged in further settlement discussions. If this matter could be resolved, this would save the
parties and the Court valuable time and resources. Finally, Plaintiff’s counsel has two (2) trials
set for the month of April (one in Federal Court and one in State Court), and Defendant’s counsel
has trial set for the month of May.

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1.

DISCOVERY COMPLETED TO DATE:

Plaintiff:
Initial disclosures to Defendant

September 12, 2018

First supplemental disclosures to Defendant

November 16, 2018

First set of written discovery to Defendant

January 18, 2019

Second supplemental disclosures to Defendant

February 11, 2019

Expert Witness Disclosure

February 11, 2019

Responses to Defendant’s written discovery

February 11, 2019

Defendant:
Initial disclosures to Plaintiff

September 10, 2018

First set of written discovery to Plaintiff

January 4, 2019

First supplemental disclosures to Plaintiff

December 28, 2019

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Case 2:18-cv-00781-JAD-GWF Document 40 Filed 03/27/19 Page 3 of 4

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2.

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DISCOVERY YET TO BE COMPLETED:
Both Plaintiff and Defendant have depositions to conduct. Plaintiff will be able to

schedule his depositions once he has received and reviewed responses to his first set of written
discovery requests. Currently, without the benefit of responses to written discovery requests,
Plaintiff anticipates having to take the depositions of nine (9) individual deposition and a
30(b)(6) deposition. Plaintiff will also be issuing subpoenas for records of non-party employee
comparators. Defendant will take the deposition of Plaintiff.

In addition, the need may arise to

take the deposition of the Person Most Knowledgeable for Nevada Peace Officers Standards and
Training in Carson City. Each party may also need to conduct additional written discovery.

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ATTORNEYS AT LAW
7435 W. AZURE DR., SUITE 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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3.

PROPOSED REVISED DISCOVERY PLAN:
A.

Summary of Proposed Changes

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Current Deadline

Revised Deadline

Close of Discovery

Monday, April 22, 2019

Friday, June 21, 2019

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Dispositive Motions

Wednesday, May 22, 2019

Monday, July 22. 2019

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Pretrial Order

Friday, June 21, 2019

Wednesday, August 21, 2019

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B.

Discovery Cut-Off Date: Friday, June 21, 2019.

C.

Dispositive Motions: Dispositive motions may be filed no later than Monday,

July 22. 2019 (July 21, 2019 being a Sunday), which is not later than thirty (30) days from the
discovery cut-off date. In the event that the discovery period is extended from the discovery cutoff date set forth in this Stipulation and Order to Extend Discovery Deadlines and Scheduling
Order (First Request), the date for filing dispositive motions shall be extended for the same
duration, to be no later than thirty (30) days from the subsequent discovery cut-off date.

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Case 2:18-cv-00781-JAD-GWF Document 40 Filed 03/27/19 Page 4 of 4

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D.

Pretrial Order: The pretrial order shall be filed by Wednesday, August 21,

2019, which is not later than thirty (30) days after the date set for filing dispositive motions. In
the event dispositive motions are filed, the date for filing the joint pretrial order shall be
suspended until thirty (30) days after the decision of the dispositive motions or until further order
of the Court.
E.

Additional Extensions of the Discovery Plan and Scheduling Order:

The

last day for the parties to file their Motion and/or Stipulation to Extend a deadline subject to this
Stipulation and Order to Extend Discovery Deadlines and Scheduling Order shall be at least
twenty-one (21) days before the expiration of the deadline, and comply fully with LR 26-4.

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ATTORNEYS AT LAW
7435 W. AZURE DR., SUITE 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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Dated: March __27___, 2019.

Dated: March __27___, 2019.

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Respectfully submitted,

Respectfully submitted,

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/s/ Victoria L. Neal
JAMES P. KEMP, ESQ.
VICTORIA L. NEAL, ESQ.
17 KEMP & KEMP
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Attorneys for Plaintiff
19 JOHNNY KENDRICK, JR.
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/s/ Scott R. Davis
STEVEN B. WOLFSON
DISTRICT ATTORNEY
SCOTT R. DAVIS
DEPUTY DISTRICT ATTORNEY
Attorneys for Defendant
CLARK COUNTY, JOHN MARTIN, PATRICK
SCHREIBER, and SANDY JEANTETE

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ORDER
IT IS SO ORDERED.
March 28, 2019.
Dated: _____________________, 2019.

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____________________________________
HON. GEORGE W. FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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