Benson v. Las Vegas Metropolitan Police Department, et al

Filing 37

ORDER granting 36 Stipulation (Fifth Request) - Discovery due by 8/30/2021. Motions due by 9/30/2021. Proposed Joint Pretrial Order due by 11/1/2021. Signed by Magistrate Judge Cam Ferenbach on 4/28/2021. (Copies have been distributed pursuant to the NEF - DRS)

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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,
Plaintiff,
vs.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, in its official capacity; and,
BRET EMPEY, in his official capacity as
Sergeant of the Las Vegas Metropolitan
Police Department;
Defendants.

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

STIPULATION AND ORDER TO
EXTEND DISCOVERY
DEADLINES
(FIFTH REQUEST)
[ECF No. 35]

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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 Discovery Deadlines (Fifth Request) to request the Court to

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continue the pretrial and trial dates by sixty (60) days.

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I.

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DISCOVERY CUT-OFF DEADLINES
A.

The discovery cut-off date shall be rescheduled from July 1, 2021 to August

30, 2021;
B.

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

rescheduled from April 30, 2021 to June 29, 2021;
C.

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

rescheduled from June 1, 2021 to July 29, 2021;
D.

The deadline to file dispositive motions shall be rescheduled from August

1, 2021 to September 30, 2021; and
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E.

The deadline to file the Joint Pretrial Order shall be rescheduled from

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August 31, 2021 to November 1, 2021. If dispositive motions are filed, the deadline for filing

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the joint pretrial order will be suspended until thirty (30) days after decision on the dispositive

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motions or further court order.

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II.

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REASON FOR THE REQUESTED EXTENSION
Pursuant to Local Rule 26-4, the Parties submit that good cause exists for the

extension requested.

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The Parties have been diligently conducting discovery. Since January 2020, the

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Parties have propounded and responded to requests for written discovery; have produced

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documents relating to liability issues; and have been working to coordinate depositions. The

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Parties acknowledge that, pursuant to Local Rule 26-4, a stipulation to extend a deadline set

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forth in a discovery plan must be submitted to the Court no later than 21 days before the

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expiration of the subject deadline, and that a request made within 21 days must be supported

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by a showing of good cause. Here, the deadline for the initial disclosure of initial experts and

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initial expert reports is currently April 30, 2021. Thus, the instant stipulation to extend the

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deadline for initial expert disclosures is untimely.

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Good cause exists to excuse this untimely request. Specifically, counsel for Plaintiff

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has had several deadlines in competing matters in state and federal court which have

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interfered with the completion of discovery in this matter. In the month of March, for

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example, counsel for Plaintiff had dispositive motions due in both a state court matter and a

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federal civil rights case, both of which required extensive time and resources to prepare.

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Counsel for Plaintiff has also been preparing for trial in a state court matter which is set to

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begin on May 18, 2021, and a federal civil trial in the Central District of California which is

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set to begin on June 8, 2021. In addition, counsel for Plaintiff has several appellate deadlines

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in both state and federal court which have interfered with the completion of discovery in this

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matter.

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Additional time is also needed for discovery due to the current State of Emergency

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

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

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depositions.

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III.

STATUS OF DISCOVERY EFFORTS TO DATE

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The following discovery has been completed to date:

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1.

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Documents and Witness List on January 6, 2020;

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LVMPD Defendants provided their First Supplement to their Fed. R. Civ.

P. 26.1 Production of Documents and Witness List on May 11, 2020;

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Plaintiff Mary Benson propounded her First Set of Requests for Production

of Documents to Defendant Las Vegas Metropolitan Police Department on March 13, 2020.

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Plaintiff Mary Benson propounded her First Set of Requests for Production

of Documents to Defendant Sgt. Bret Empey on March 13, 2020;

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Plaintiff provided her First Supplement to her Fed. R. Civ. P. 26.1

Production of Documents and Witness List on March 10, 2020;

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Plaintiff Mary Benson responded to LVMPD Defendants’ First Set of

Requests for Production of Documents on March 10, 2020;

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LVMPD Defendants propounded their First Set of Requests for Production

of Documents to Plaintiff Mary Benson on January 17, 2020;

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Plaintiff Mary Benson provided her Fed. R. Civ. P. 26.1 Production of

Documents and Witness List on January 7, 2020;

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LVMPD Defendants provided their Fed. R. Civ. P. 26.1 Production of

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Defendant Sgt. Bret Empey responded to Plaintiff Mary Benson’s First Set

of Requests for Production of Documents on May 11, 2020;

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Defendant Las Vegas Metropolitan Police Department responded to

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Plaintiff Mary Benson’s First Set of Requests for Production of Documents on May 11, 2020;

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and

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Plaintiff provided her Second Supplement to her Fed. R. Civ. P. 26.1

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Production of Documents and Witness List on February 23, 2021.

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IV.

DISCOVERY REMAINING

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The Parties agree that the following discovery must be completed:

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1.

The deposition of Plaintiff;

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The depositions of Defendants;

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3.

The depositions of witnesses;

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4.

The deposition(s) of the Defendants’ Person(s) Most Knowledgeable;

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The deposition(s) of expert witness(es) designated by all Parties;

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Additional written discovery; and

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Additional records collection.

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V.

CONCLUSION

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Based on the above, requisite good cause exists to warrant an extension of the

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Scheduling Order (ECF No. 35) deadlines. Accordingly, the Parties respectfully request that

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this Court extend the current deadlines by sixty (60) days in order to allow all Parties to

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adequately complete discovery and to resolve present scheduling conflicts.

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IT IS SO STIPULATED.

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DATED this the 28th day of April, 2021.

DATED this the 28th day of April, 2021.

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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
IT IS SO ORDERED.
DATED this 28th

day of

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U.S. MAGISTRATE JUDGE

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April

, 2021.