Morgan v. State of Nevada, ex rel., et al

Filing 29

ORDER granting 27 Stipulation to Extend deadlines. Discovery due by 6/11/2021. Motions due by 7/13/2021. Proposed Joint Pretrial Order due by 8/11/2021. Signed by Magistrate Judge Daniel J. Albregts on 11/16/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:19-cv-02239-KJD-DJA Document 27 Filed 11/13/20 Page 1 of 5
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AARON D. FORD
Nevada Attorney General
SCOTT H. HUSBANDS
Deputy Attorney General
Nevada Bar No. 11398
GERALD L. TAN
Deputy Attorney General
Nevada Bar No. 13596
State of Nevada
Office of the Attorney General
5420 Kietzke Lane, Suite 202
Reno, NV 89511
[phone] (phone)
[phone] (fax)
Email: [e-mail]
[e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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JOSEPH MORGAN, an Individual

Case No.: 2:19-cv-02239-KJD-DJA

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Plaintiff,

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vs.

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STATE OF NEVADA, ex rel. its
DEPARTMENT OF BUSINESS AND
INDUSTRY, STATE OF NEVADA, ex rel. its
TAXICAB AUTHORITY; BRUCE
BRESLOW, in his individual capacity; TERRY
REYNOLDS, in his individual capacity;
SCOTT WHITTEMORE, in his individual
capacity; RUBEN AQUINO, in his individual
capacity; GENEVIEVE HUDSON, in her
individual capacity; RONALD GROGAN, in
his individual capacity; CHARLES HARVEY,
in his individual capacity; ANTOINE “CHRIS”
RIVERS, in his individual capacity; CJ
MANTHE, in her individual capacity; DOES I
through X inclusive; and ROES XI through XX,
inclusive,

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
[SECOND 1 REQUEST]

Defendants.

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Pursuant to LR 7-1 and LR 26-3, Plaintiff JOSEPH MORGAN (“Plaintiff”), by and

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through his counsel of record, E. Brent Bryson, Esq. of the Law Offices of E. Brent Bryson,

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LTD., and Defendants BRUCE BRESLOW, TERRY REYNOLDS, SCOTT WHITTEMORE,

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The parties’ first request was denied due to addressing the incorrect standard for an extension of
deadlines. ECF No. 23.

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RUBEN AQUINO, GENEVIEVE HUDSON, RONALD GROGAN, CHARLES HARVEY,

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ANTOINE “CHRIS” RIVERS AND C. J. MANTHE (each an “Individual Defendant” and

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collectively the “Individual Defendants”), by and through their attorneys of record, AARON D.

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FORD, Attorney General for the State of Nevada, SCOTT H. HUSBANDS, Deputy Attorney

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General, and GERALD L. TAN, Deputy Attorney General hereby stipulate and request that this

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court extend discovery deadlines and any unexpired deadlines in the above-captioned case one

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hundred and eighty (180) days. In support of this stipulation and request, the parties state as

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follows:
I.

DISCOVERY COMPLETED TO DATE
1. On December 30, 2019, the Plaintiff filed his Complaint. ECF No. 1.
2. On March 17, 2020, the Defendants filed their Answer to Plaintiff’s Complaint, ECF
No. 10, and Defendants’ Certificate of Interested Parties, ECF No. 11.
3. On March 18, 2020, this Court ordered an Early Neutral Evaluation Session (ENE)
for June 15, 2020. ECF No. 12.
4. On May 20, 2020, this Court ordered that ENE Confidential Statements are due by
June 8, 2020. ECF No. 14.
5. On May 29, 2020, the Defendants filed a Notice of Association of Counsel Deputy
Attorney General Gerald L. Tan. ECF. No. 15.
6. On June 2, 2020, the parties stipulated to a 14-day extension of time to exchange
FRCP 26 initial disclosures. ECF No. 16.
7. On June 3, 2020, this Court granted the parties’ request for a 14-day extension of
time to exchange FRCP 26 initial disclosures. ECF No. 17.
8. On June 12, 2020, the Plaintiff provided his initial disclosure of witnesses and
documents pursuant to FRCP 26.1(a)(1).
9. On June 15, an ENE Session was held between the parties, but a settlement
agreement was not reached. ECF No. 18.
10. On June 16, 2020, the Defendants provided their initial disclosure of witnesses and
documents pursuant to FRCP 26.1(a)(1).
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11. On July 17, 2020, the parties stipulated to a discovery plan and scheduling order.

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ECF No. 19.

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12. On July 23, 2020, this Court granted the parties’ discovery plan and scheduling

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order. ECF No. 20.

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13. On July 23, 2020, this Court provided Notice Pursuant to LR IB 2-2. ECF No. 21.

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14. On July 23, 2020, this Court granted the parties’ discovery plan and scheduling

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order. ECF No. 20.

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15. On July 23, 2020, this Court provided Notice Pursuant to LR IB 2-2. ECF No. 21.

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16. On October 29, 2020, Plaintiff timely served a set of interrogatories and document

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requests to each Defendant. These requests were served in compliance with the

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existing discovery cutoff in this matter.

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17. On October 30, 2020, Plaintiff timely served deposition notices to each of the

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Defendants. The parties have agreed to vacate these depositions in light of this

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stipulation to extend the discovery deadlines and all other unexpired deadlines in this

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matter. The parties will reschedule these depositions to future agreed-upon dates and

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times.

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18. On November 12, 2020, pursuant to local rules, counsel for Mr. Morgan and the

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Individual Defendants met and conferred telephonically regarding a number of issues

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including discovery matters. That meet and confer resulted in the terms set forth in

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this stipulation.

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II.

WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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This request for an extension of all unexpired deadlines was initiated by Defendants and

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has been agreed to by Plaintiff. While the parties have exchanged initial disclosures and Plaintiff

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has propounded some discovery, the parties must still conduct extensive written discovery.

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There are a number of depositions of both lay and expert witnesses that will need to be taken in

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addition to those depositions already noticed by Plaintiff. Due to the COVID-19 pandemic and

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orders of the Governor of the State of Nevada, the parties’ progress on these matters has been

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slowed despite the best efforts of counsel.
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Plaintiff has timely served a series of requests for the production of documents and

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interrogatories. Plaintiff also timely served notices of deposition. 2 Given that defense counsel’s

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office has again been placed into full-time remote work status due to the COVID-19 pandemic,

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defense counsel will need more time to respond to the written discovery, as well as propound

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their own written discovery, than the established deadlines will allow.

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requested an extension of the rebuttal expert disclosure deadline because the Office of the

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Attorney General has a lengthy and complicated process for retention of expert witnesses. While

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Defendants have begun this process, there is simply no possibility that all of the approvals can be

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obtained in time to prepare the materials that will be necessary to disclose. Therefore, good

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cause exists to extend all unexpired discovery deadlines, and it is respectfully requested that the

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discovery deadlines in this matter be continued.

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III.

Defendants have

REMAINING DISCOVERY

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1. The Plaintiff will likely serve additional written discovery requests.

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2. Defendants need to serve written discovery requests and Defendants expect to serve

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additional written discovery requests as discovery progresses.

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3. Defendants need to disclose a rebuttal expert witness and need additional time to

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obtain the necessary internal approvals for retention of an expert witness.

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4. The Plaintiff and Defendants need to take the depositions of relevant witnesses and

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expert witnesses.
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PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY
Based on the good cause to extend the unexpired discovery deadlines in this case, the

parties submit the following proposed discovery schedule:
Scheduled Event

Current Deadline

Proposed Deadline

Rebuttal Expert
Disclosures Pursuant
to FRCP 26(a)(2)

November 16, 2020

February 19, 2021

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The parties have agreed to vacate these deposition notices and reschedule them to a
mutually agreeable date and time.
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Discovery Cut-Off
Date

December 14, 2020

June 11, 2021

Dispositive Motions

January 13, 2021

July 13, 2021

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August 11, 2021 (If dispositive
motions are filed the deadline for
filing the joint pretrial order will
be suspended until 30 days after
a decision on the dispositive
motions or further court order).
This request for extensions of time are not sought for any improper purpose or other

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purposes of delay. The COVID-19 pandemic has stalled the parties’ attempts to conduct

Joint Pretrial Order
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February 12, 2021

meaningful discovery in this matter. Additionally, Defendants must adhere to state

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administrative processes to contract with expert witnesses, which takes a substantial amount of
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time. The parties have worked diligently at complying with the deadlines that can be met, but
good cause exists to extend the current discovery deadlines.
WHEREFORE, the parties respectfully request that this court extend discovery dates as

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outlined in accordance with the table above.

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APPROVED AS TO FORM AND CONTENT this 13th day of November, 2020.

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By:

/s/Scott H. Husbands

By:

SCOTT H. HUSBANDS, ESQ.
Deputy Attorney General
Nevada Bar No. 11398
GERALD R. TAN
Nevada Bar No. 13596
5420 Kietzke Lane, Suite 202
Reno, NV 89511
Attorney for Defendants

/s/ E. Brent Bryson

E. BRENT BRYSON, ESQ.
E. BRENT BRYSON, LTD.
Nevada Bar No. 4933

3202 West Charleston Blvd.
Las Vegas, NV 89102
Attorney for Plaintiff

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IT IS SO ORDERED:
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16th
DATED this _____ day of November, 2020.

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UNITED STATES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE

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