Andrews v. Henderson Police Department et al

Filing 103

ORDER Granting 102 Stipulation to Extend Deadline to File a Proposed Joint Pretrial Order. Proposed Joint Pretrial Order due by 12/15/2022. Signed by Magistrate Judge Brenda Weksler on 11/16/2022. (Copies have been distributed pursuant to the NEF - KF)

Case 2:18-cv-01625-JCM-BNW Document 103
102 Filed 11/16/22
11/15/22 Page 1 of 5

1 Peter Goldstein [SBN 6992]
PETER GOLDSTEIN LAW CORP
2 [e-mail]
10161 Park Run Drive, Suite 150
3 Las Vegas, Nevada 89145
Telephone:
[phone]
4 Facsimile:
[phone]
5 Attorney for Plaintiff
DANIEL ANDREWS
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE SOUTHERN DISTRICT OF NEVADA (LAS VEGAS)

10
DANIEL ANDREWS,

CASE NO.: 2:18-cv-01625-RFB-BNW

11
Plaintiff,

12

STIPULATION AND PROPOSED ORDER
TO EXTEND JOINT PRETRIAL ORDER
FILING DATE

v.

13

14 CITY OF HENDERSON, a Nevada
Municipal Corporation; PHILLIP
15 WATFORD, KARL LIPPISCH,
16

(SEVENTH) REQUEST)

Defendants.

17
18

Plaintiff, DANIEL ANDREWS (“Andrews”) and Defendants CITY OF HENDERSON,

19 KARL LIPPISCH, and PHILLIP WATFORD (“Defendants”), by and through their counsel,
20 hereby stipulate and agree to extend the remaining Pretrial Conference and Joint Pretrial Order
21 Filing date as follows:
22

1.

On January 16, 2019, the United States District Court filed its Scheduling Order

2.

On January 23, 2019, the parties jointly filed their Proposed Discovery Plan and

23 [#21].
24

25 Scheduling Order [#24].
26

3.

On February 12, 2019, the parties filed a first request for an extension as it relates

27 to expert disclosures, Interim Status Report, and the Discovery Cut-Off dates [#27].
28
1

Case 2:18-cv-01625-JCM-BNW Document 103
102 Filed 11/16/22
11/15/22 Page 2 of 5

1

4.

On February 13, 2019, the United States District Court filed its Order [#28],

2 granting the stipulated extension of the expert disclosure, Interim Status Report, and the Discovery
3 Cut-Off dates.
4

5.

On May 13, 2019, the parties filed a second request for an extension of the rebuttal

5 expert disclosure deadline and stipulated to stay discovery [#40], as Plaintiff’s counsel was
6 scheduled to have open-heart surgery and needed at least two months to recuperate.
7
8
9
10
11
12
13
14

6.

On May 14, 2019, the United States District Court filed its Order [#41}, granting

the stipulated extension and the stipulation to stay discovery.
7.

On August 29, 2019, Plaintiff filed his First Amended Complaint [#49] and added a

new defendant, Phillip Watford.
8.

On September 11, 2019, Defendants City of Henderson and Karl Lippisch filed

their answer to the amended complaint [#56].
9.

On October 21, 2019, Plaintiff served his amended complaint on Phillip Watford.

Phillip Watford filed his answer to the amended complaint on November 12, 2019 [#64].

15
10.

On November 14, 2019, the parties filed a third request for an extension of time as

16
it related to the Discovery Cut-Off, Dispositive Motion deadline, and the proposed Joint Pretrial
17
Order deadline [#66].
18
11.

On November 14, 2019, the United States District Court filed its Order [#67],

19
20
21
22
23
24
25
26
27

granting the stipulated extension of the Discovery Cut-Off, Dispositive Motion deadline, and the
proposed Joint Pretrial Order dates.
12.

On January 21, 2020, Defendants filed their Motion for Summary Judgment [#68],

which was denied in part by the Court on September 25, 2020 [#80].
13.

On October 15, 2020, Defendants filed their Notice of Appeal to the U.S. Court of

Appeals, Ninth Circuit [#81].
14.

On June 14, 2022, the U.S. Court of Appeals filed its Mandate [#85], affirming this

Court’s Order.

28
2

Case 2:18-cv-01625-JCM-BNW Document 103
102 Filed 11/16/22
11/15/22 Page 3 of 5

1

15.

In early 2022, the Defendants’ attorney was unexpectedly out of state for three

2 months due to a family emergency. Additionally, Defendants’ attorney was out of the state for
3 one month after the Mandate was filed and has just recently returned to the office.
4

16.

On July 22, 2022, a Stipulation and Order extending the Pretrial Order deadlines

5 was granted [#89] to a Pretrial Conference on August 22, 2022 and the filing of the Pretrial Order
6 to August 29, 2022.
7
8
9
10
11
12

17.

Medical Center performed a Covid test which turned out to be negative. Nevertheless, he is
suffering flu like symptoms. Defense counsel was amendable to extending the conference from
August 22, 2022 to August 25, 2022. The parties attended a telephonic conference on August 25,
2022 at 4:00 p.m. and discussed various aspects of the Pretrial Order, as well as the parties desire
to schedule a Settlement Conference with a Magistrate Judge.

13
14

Plaintiff’s counsel suffered from an infection that his physician at Horizon View

18.

On August 31, 2022, an Order to Extend Joint PreTrial Order Filing Date (Fifth

Request) [#93] was granted extending the filing date to September 20, 2022.

15
19.

On August 31, 2022, a Stipulation and Order Scheduling Settlement Conference

16
[#94] was served on all counsel. Upon receipt of said Order, counsel for Defendants emailed
17

Plaintiff’s counsel and contacted the clerk for Magistrate Judge Brenda Weksler regarding his

18
unavailability of the assigned dates for the Settlement Conference.

Counsel were provided

19
20
21
22
23
24
25
26
27

alternative dates by Magistrate Judge Brenda Weksler’s clerk and counsel exchanged emails
selecting new dates for the Pre-Settlement Conference and Settlement Conference (November 8-9,
2022). Plaintiff’s counsel thought it prudent to further to extend the deadline to file the Joint PreTrial Order from September 20, 2022 to November 16, 2022 given the upcoming settlement
conference. Defendants’ counsel had no objection. See Exhibit 1: Emails confirming dates.
///
///
///

28
3

Case 2:18-cv-01625-JCM-BNW Document 103
102 Filed 11/16/22
11/15/22 Page 4 of 5

1

20.

All parties, as indicated by the signature of their counsel below, agree and stipulate

2 as follows:
3
4
5

a. The parties participated in a settlement conference before Magistrate Judge Brenda
Weksler on November 9, 2022 that was concluded on November 15, 2022.

6

b. The parties are still in the process of trying to resolve the case. Any potential

7

resolution would need be approved at a public meeting of the Henderson City

8

Council. If a potential resolution is reached, the next meeting of the Henderson

9
City Council is December 13, 2022 and the parties are requesting up until
10
11
12
13

December 15, 2022 to file The Joint Pretrial Order.
c. To stipulate and seek an Order Extending the deadline to file the Joint Pretrial
Order (Seventh Request) from November 16, 2022 to December 15, 2022.

14
15
16
17
18

ORDER
IT IS SO ORDERED
DATED: 8:53 pm, November 16, 2022

19
20
21

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28
4

Case 2:18-cv-01625-JCM-BNW Document 103
102 Filed 11/16/22
11/15/22 Page 5 of 5

1
2
3 Dated this 15th day of November 2022.

Dated this 15th day of December 2022.

4 CITY OF HENDERSON

PETER GOLDSTEIN LAW CORP

5 /s/ Michael Oh
_______
6 MICHAEL J. OH
Senior Assistant City Attorney
7 Nevada Bar No. 7470
WADE B. GOCHNOUR
8 Assistant City Attorney
Nevada Bar No. 6314
9 240 Water Street, MSC 144
Henderson, NV 89015
10 Attorneys for Defendants
CITY OF HENDERSON, KARL LIPPISCH,
11 and PHILLIP WATFORD

/s/ Peter Goldstein
______________
PETER GOLDSTEIN, ESQ.
Nevada Bar No. 6992
10161 Park Run Drive, Suite 150
Las Vegas NV 89145
Attorney for Plaintiff
DANIEL ANDREWS

12
13

ORDER

14
IT IS SO ORDERED.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
5