Benson v. Las Vegas Metropolitan Police Department, et al

Filing 33

ORDER granting 32 Stipulation to Extend Expert Witness Deadlines. See Order for detail. Signed by Magistrate Judge Cam Ferenbach on 2/16/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:19-cv-01949-RFB-VCF Document 33 Filed 02/16/21 Page 1 of 3

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MARGARET A. MCLETCHIE, Nevada Bar No. 10931
ALINA M. SHELL, Nevada Bar No. 11711
MCLETCHIE LAW
701 East Bridger Ave., Suite 520
Las Vegas, Nevada 89101
Telephone: [phone]; Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff Mary Benson

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MARY BENSON, an individual,

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Case. No.: 2:19-cv-01949-RFB-VCF

Plaintiff,
vs.
STIPULATION AND ORDER TO
LAS VEGAS METROPOLITAN POLICE EXTEND EXPERT DEADLINES
DEPARTMENT, in its official capacity; and, (FIRST REQUEST)
BRET EMPEY, in his official capacity as [ECF No. 31]
Sergeant of the Las Vegas Metropolitan
Police Department;
Defendants.

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Pursuant to Fed. R. Civ. P. 16(b)(4) and Local Rule 26-4, Plaintiff MARY

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BENSON and Defendants LAS VEGAS METROPOLITAN POLICE DEPARTMENT and

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BRET EMPEY (“LVMPD Defendants”), by their respective counsel, hereby submit this

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Stipulation and Order to Extend Expert Deadlines (First Request) by thirty (30) days.

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I.

A.

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EXPERT DEADLINES
The deadline for the initial disclosure of experts and expert reports shall be

rescheduled from March 1, 2021 to March 31, 2021;
B.

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The deadline for the disclosure of rebuttal experts and their reports shall be

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rescheduled from March 31, 2021 to April 30, 2021;

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II.

REASON FOR THE REQUESTED EXTENSION

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Pursuant to Local Rule 26-4, the Parties submit that good cause exists for the

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extension requested. This is the first request for an extension of solely the deadline for the

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initial disclosure of experts and expert reports in this case. The Parties acknowledge that,

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Case 2:19-cv-01949-RFB-VCF Document 33 Filed 02/16/21 Page 2 of 3

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pursuant to LR 26-4, a stipulation to extend a deadline set forth in a discovery plan must be

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submitted to the Court no later than 21 days before the expiration of the subject deadline,

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and that a request made within 21 days must be supported by a showing of good cause. Here,

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the deadline for the initial disclosure of initial experts and initial expert reports is currently

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March 1, 2021. Thus, the instant stipulation to extend the deadline for initial expert

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disclosures is untimely.

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However, good cause exists to consider this request to extend the deadline for initial

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expert disclosures. Plaintiff has alleged that she has suffered economic damages as a result

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of her constructive termination, including but not limited to lost current and future pension

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income and benefits, lost vacation and sick time, lost current and future medical insurance

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benefits, and lost income, for which an expert witness(es) will be necessary to assess one or

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more of these areas. Due to the respective workloads of the Parties’ counsel, coupled with

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the restrictions put in place as a result of the COVID-19 pandemic, the Parties seek this

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extension to allow additional time to secure initial expert witnesses and, absent this extension

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of time for initial expert disclosures, both parties will be deprived of expert analysis of

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Plaintiff’s asserted damages.

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Accordingly, the Parties submit that good cause exists to excuse the untimely
request to extend the initial expert disclosure deadline.

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WHEREAS, the Parties have been diligently conducting discovery. Since January

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2020, the Parties have propounded and responded to requests for written discovery; have

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produced documents relating to liability issues; and have been working to coordinate

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depositions.

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WHEREAS, additional time is needed for discovery due to the current State of

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Emergency resulting from the COVID-19 virus, including ongoing office closures and

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limitations on travel and personal contact, the Parties have been limited in their ability to

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conduct depositions.

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Case 2:19-cv-01949-RFB-VCF Document 33 Filed 02/16/21 Page 3 of 3

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III.

CONCLUSION
WHEREFORE, the parties respectfully request that this Court extend the expert

deadlines.
IT IS SO STIPULATED.

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DATED this the 12th day of February, 2021.

DATED this the 12th day of February, 2021.

MARQUIS AURBACH COFFING

MCLETCHIE LAW

/s/ Nick D. Crosby
Nick D. Crosby, NBN 8996
10001 Park Run Drive
Las Vegas, NV 89145
Email: [e-mail]
Attorney for LVMPD Defendants

/s/ Alina M. Shell
Margaret A. McLetchie, NBN 10931
Alina M. Shell, NBN 11711
701 East Bridger Ave., Suite 520
Las Vegas, NV 89101
Email: [e-mail]
Attorneys for Mary Benson

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ORDER
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IT IS SO ORDERED.
DATED this 16th

day of

February

, 2021.

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U.S. MAGISTRATE JUDGE

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Discovery Cut-Off remains 4-30-2021.
Dispositive motions must be filed and served on or before 5-31-2021.
The Joint Pre-trial Order must be filed on 6-30-2021. In the event dispositive
motions are filed, the date for filing the Joint Pre-trial Order will be suspended
until 30 days after the decision on the dispositive motions or further order of the
Court.

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