Green v. Las Vegas Metropolitan Police Department et al

Filing 36

ORDER granting 35 Stipulation to Extend Discovery deadlines. Discovery due by 4/9/2021. Motions due by 5/10/2021. Proposed Joint Pretrial Order due by 6/9/2021. Signed by Magistrate Judge Daniel J. Albregts on 11/20/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-00769-KJD-DJA Document 35 Filed 11/19/20 Page 1 of 5
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11/20/20

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LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
KRISTOPHER J. KALKOWSKI
Nevada Bar No. 14892
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants
Las Vegas Metropolitan Police Department,
Fred Merrick; and Lora Cody

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
KEYHERRA GREEN ,

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Case No.

Plaintiff,

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vs.

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT; FRED MERRICK; LORA
CODY; and DOES 1-10, inclusive,

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2:20-cv-00769-KJD-DJA

STIPULATION TO EXTEND
DISCOVERY
(First Request)

Defendants.

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IT IS HEREBY STIPULATED AND AGREED between the parties that the discovery
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cut-off date of February 8, 2021, be continued for a period of sixty (60) days up to and including
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April 9, 2021, for the purpose of allowing the parties to complete written discovery, disclose
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expert witnesses, and take depositions of the parties.
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KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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I.

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DISCOVERY COMPLETED TO DATE

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The parties have exchanged their initial Rule 26 Disclosures: by LVMPD Defendants on

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August 10, 2020; by Defendant NaphCare on August 24, 2020; and by Plaintiff on August 26,

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2020. LVMPD Defendants have also provided their first supplemental Rule 26 Disclosures to

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Plaintiff; disclosing nearly 1000 pages of documents, photographs and videos relating to a

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homicide investigation.

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Plaintiff’s First Interrogatories, Requests for Admissions and Requests for Production of

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Documents.
II.

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LVMPD Defendants and Defendant NaphCare have responded to

DISCOVERY YET TO BE COMPLETED
The LVMPD Defendants and Defendant NaphCare are currently preparing their initial

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written discovery requests to Plaintiff.

The LVMPD Defendants may serve third-party

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subpoenas. The parties will retain and disclose expert reports and any necessary rebuttal expert

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disclosures. The depositions of the parties and experts will be taken.

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III.

REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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The parties have been diligent in conducting discovery in this matter. However, the

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allegations in this case concern a matter in which Plaintiff alleges she was wrongfully arrested

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for homicide in 2018. As such, there are complex issues about a nearly three year old homicide

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investigation, the arrest of Plaintiff and the later arrest of another suspect.

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considerable time to gather the materials related to the case and then determine which materials

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could be disclosed pertaining to third-parties1. Because of the complexity of this case additional

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time is needed to complete discovery. Additionally, Plaintiff filed a Motion for leave to file

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Second Amended Complaint on 11/9/2020 which will be refiled pursuant to a stipulation adding

It has taken

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KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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It the position of the LVMPD Defendants that certain documents related to the investigation and later arrest of a
third-party suspect cannot be disseminated pursuant to NRS 179A.

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three individual NaphCare affiliated Defendants.

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PROPOSED EXTENDED DEADLINES

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The parties respectfully request this Court enter an order as follows:

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(A)

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The current discovery cut-off date of February 8, 2021, should be extended for a period

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Discovery Deadline.

of sixty (60) days, up to and including April 9, 2021.

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(B)

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The parties shall disclosed expert reports sixty (60) days before the close of discovery on

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or before February 8, 2021. The parties will disclose rebuttal experts thirty (30) days prior to the

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Experts and Rebuttal Experts.

close of discovery, or by March 10, 2021.

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(C)

Dispositive Motions.

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All pretrial motions, including but not limited to, discovery motions, motions to dismiss,

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motions for summary judgment, and all other dispositive motions shall be filed and served no

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later than thirty (30) days after the close of discovery, or by May 10, 2021.

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(D)

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Under LR 16-3(b), any motions in limine, including Daubert motions, shall be filed and

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served 30 days prior to the commencement of Trial. Oppositions shall be filed and served and

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the motion submitted for decision 14 days thereafter. Reply briefs will be allowed only with

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leave of the Court.

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(E)

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Pursuant to LR 26(1)(e)(5), the Joint Pretrial Order shall be filed with this Court no later

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than thirty (30) days after the date set for filing dispositive motions, or by June 9, 2021, unless

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dispositive motions are filed, in which case the date for filing the Joint Pretrial Order shall be

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suspended until 30 days after the decision on the dispositive motions or further order of this

KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

Motions in Limine/Daubert Motions.

Pretrial Order.

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Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections shall be included

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in the final pretrial order.
(F)

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Extensions or Modification of the Discovery Plan and Scheduling Order.
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In accordance with LR 26-4, applications to extend any date set by the discovery plan,

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scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be

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supported by a showing of good cause for the extension. All motions or stipulations to extend a

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deadline set forth in a discovery plan shall be received by the Court not later than 21 days before

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the expiration of the subject deadline. A request made after the expiration of the subject deadline

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shall not be granted unless the movant demonstrates that the failure to set was the result of

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excusable neglect. Any motion or stipulation to extend a deadline or to reopen discovery shall

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include:

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(a)

A statement specifying the discovery completed;

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(b)

A specific description of the discovery that remains to be completed;

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(c)

The reasons why the deadline was not satisfied or the remaining discovery was

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not completed within the time limits set by the discovery plan; and
(d)

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A proposed scheduled for completing all discovery.

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KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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This request for an extension is made in good faith and joined by all the parties in this

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case. The Request is timely pursuant to LR 26-4. Trial is not yet set in this matter and

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dispositive motions have not yet been filed. Accordingly, this extension will not delay this case.

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Moreover, since this request is a joint request, neither party will be prejudiced. The extension

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will allow the parties the necessary time to complete discovery.

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DATED this 19th day of November, 2020.

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KAEMPFER CROWELL

PETER GOLDSTEIN LAW CORP

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By:

By:

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/s/ Lyssa S. Anderson

LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135
Attorneys for Defendant
Las Vegas Metropolitan Police
Department, Fred Merrick; and
Lora Cody

/s/ Peter Goldstein

Peter Goldstein
Nevada Bar No. 6992
10161 Park Run Dr., Ste. 150
Las Vegas, NV 89145
– and –
MALCOM P. LAVERGNE & ASSOC.
Malcom P. LaVergne
Nevada Bar No. 10121
400 S. Fourth St.
Las Vegas, NV 89101
Attorneys for Plaintiff

LEWIS BRISBOIS BISGAARD & SMITH
By:

/s/ Katherine J. Gordon

S. Brent Vogel, Esq.
Nevada Bar No. 6858
Katherine J. Gordon, Esq.
Nevada Bar No. 5813
6385 S. Rainbow Blvd. Suite 600
Las Vegas, NV 89118
Attorney for Defendant
NaphCare, Inc.

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IT IS SO ORDERED.

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20th
DATED this _______ day of November, 2020.

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UNITED STATES DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE

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KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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