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)

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Case 2:19-cv-01949-RFB-VCF Document 33 Filed 02/16/21 Page 1 of 3 1 2 3 4 5 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: (702) 728-5300; Fax: (702) 425-8220 Email: Attorneys for Plaintiff Mary Benson 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 MARY BENSON, an individual, 9 10 11 12 13 14 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. 15 16 Pursuant to Fed. R. Civ. P. 16(b)(4) and Local Rule 26-4, Plaintiff MARY 17 BENSON and Defendants LAS VEGAS METROPOLITAN POLICE DEPARTMENT and 18 BRET EMPEY (“LVMPD Defendants”), by their respective counsel, hereby submit this 19 Stipulation and Order to Extend Expert Deadlines (First Request) by thirty (30) days. 20 I. A. 21 22 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. 23 The deadline for the disclosure of rebuttal experts and their reports shall be 24 rescheduled from March 31, 2021 to April 30, 2021; 25 II. REASON FOR THE REQUESTED EXTENSION 26 Pursuant to Local Rule 26-4, the Parties submit that good cause exists for the 27 extension requested. This is the first request for an extension of solely the deadline for the 28 initial disclosure of experts and expert reports in this case. The Parties acknowledge that, 1 Case 2:19-cv-01949-RFB-VCF Document 33 Filed 02/16/21 Page 2 of 3 1 pursuant to LR 26-4, a stipulation to extend a deadline set forth in a discovery plan must be 2 submitted to the Court no later than 21 days before the expiration of the subject deadline, 3 and that a request made within 21 days must be supported by a showing of good cause. Here, 4 the deadline for the initial disclosure of initial experts and initial expert reports is currently 5 March 1, 2021. Thus, the instant stipulation to extend the deadline for initial expert 6 disclosures is untimely. 7 However, good cause exists to consider this request to extend the deadline for initial 8 expert disclosures. Plaintiff has alleged that she has suffered economic damages as a result 9 of her constructive termination, including but not limited to lost current and future pension 10 income and benefits, lost vacation and sick time, lost current and future medical insurance 11 benefits, and lost income, for which an expert witness(es) will be necessary to assess one or 12 more of these areas. Due to the respective workloads of the Parties’ counsel, coupled with 13 the restrictions put in place as a result of the COVID-19 pandemic, the Parties seek this 14 extension to allow additional time to secure initial expert witnesses and, absent this extension 15 of time for initial expert disclosures, both parties will be deprived of expert analysis of 16 Plaintiff’s asserted damages. 17 18 Accordingly, the Parties submit that good cause exists to excuse the untimely request to extend the initial expert disclosure deadline. 19 WHEREAS, the Parties have been diligently conducting discovery. Since January 20 2020, the Parties have propounded and responded to requests for written discovery; have 21 produced documents relating to liability issues; and have been working to coordinate 22 depositions. 23 WHEREAS, additional time is needed for discovery due to the current State of 24 Emergency resulting from the COVID-19 virus, including ongoing office closures and 25 limitations on travel and personal contact, the Parties have been limited in their ability to 26 conduct depositions. 27 /// 28 /// 2 Case 2:19-cv-01949-RFB-VCF Document 33 Filed 02/16/21 Page 3 of 3 1 2 3 4 III. CONCLUSION WHEREFORE, the parties respectfully request that this Court extend the expert deadlines. IT IS SO STIPULATED. 5 6 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: 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: Attorneys for Mary Benson 7 8 9 10 11 12 13 14 ORDER 15 16 17 IT IS SO ORDERED. DATED this 16th day of February , 2021. 18 19 U.S. MAGISTRATE JUDGE 20 21 22 23 24 25 26 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. 27 28 3

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