Chelsea Roberts, Individually, and as heir of deceased Georgia Elizabeth Durmeier et al v. Nye County et al

Filing 141

ORDER Granting 140 Stipulation to Extend Discovery. Discovery due by 7/18/2025. Motions by 8/18/2025. Proposed Joint Pretrial Order by 9/15/2025. Signed by Magistrate Judge Elayna J. Youchah on 3/4/2025. (Copies have been distributed pursuant to the NEF - JG)

1 MICHAEL M. EDWARDS, ESQ.
Nevada Bar No. 6281
2 STEPHANIE BEDKER, ESQ.
Nevada Bar No. 14169
3 FREEMAN MATHIS & GARY, LLP
770 E. Warm Springs Rd., Suite 360
4 Las Vegas, NV 89119
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
Attorneys for Defendant Nye County
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CHELSEA ROBERTS, individually, and as heir of
11 deceased G.E.D.; CHELSEA ROBERTS as the
parent and legal guardian on behalf of G.E.D.,
12 deceased minor child; CHELSEA ROBERTS, as
the parent and legal guardian of J.E.D., a minor,
13 individually and as heir of MICHAEL
DURMEIER,
14
Plaintiff,
15 vs.

Case No.: 2:22-cv-00398-RFB-EJY
CONSOLIDATED WITH
Case No. 2:23-cv-0478-CDS-EJY
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
(Third Request)

16 NYE COUNTY SHERIFF'S OFFICE, a
subdivision of the STATE OF NEVADA, et al.
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Defendants.
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19 AND ALL RELATED MATTERS.
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Pursuant to Local Rules IA 6-1 and 26-3, IT IS HEREBY STIPULATED AND AGREED
by and among: (1) Chelsea Roberts, individually, and as heir of deceased GED, as the parent and
legal guardian on behalf of GED, and as the parent and legal guardian of JED, individually and as
heir of Michael Durmeier (hereinafter collectively “Roberts Plaintiffs”); (2) Josh Myers, as parent
and legal guardian on behalf of EKS (“Myers Plaintiff”; collectively with Roberts Plaintiffs,
“Plaintiffs”); (3) Deputy Breanna Nelson, Lieutenant Alan W. Schrimpf, and Detectives Brooke
Gentry and Daniel Fischer (collectively, the “Individual Defendants”); and (4) Nye County
(collectively, the “Parties”) that the current discovery deadlines be extended by sixty (60) days in

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the above referenced matter. This is the third stipulation to extend discovery deadlines.
I.

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BACKGROUND
This case is complex and involves extensive causes of action asserted in two controlling

pleadings, which arise under 42 U.S.C. § 1983 and state tort law claims, and names four plaintiffs
and five defendants. In this combined action, the Roberts and Myers Plaintiffs bring numerous
federal and state claims against Nye County and the Individual Defendants pertaining to a vehicular
accident that occurred on March 27, 2021. Plaintiffs assert that, prior to the subject accident, various
law enforcement personnel responded to a public disturbance call involving Tyler Kennedy. The
responding officers investigated the call and subsequently released Kennedy. Approximately 90
minutes after his release, Kennedy – purportedly being under the influence of illegal substances –
recklessly attempted to pass another vehicle, crossed the center line, and collided with the subject
vehicle, causing the subject incident and resulting in the death of three passengers.
II.

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DISCOVERY COMPLETED TO DATE
A.

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The Parties have served the following disclosures:
1.

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Plaintiffs Roberts’ Disclosures:
a.

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2022

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2.

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Initial Disclosure of Documents and Witnesses, dated December 14,

b.

First Supplemental Disclosure, dated March 27, 2023

c.

Second Supplemental Disclosure, dated September 17, 2024

d.

Third Supplemental Disclosure, dated October 11, 2024

e.

Fourth Supplemental Disclosure, dated October 17, 2024

f.

Fifth Supplemental Disclosure, dated January 29, 2025

Plaintiff Myers’ Disclosures:
a.

Initial Disclosure of Witnesses and Documents, dated June 14, 2024

b.

First Supplemental Disclosure, dated October 24, 2024

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3.

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Defendant Nye County’s Disclosures:
a.

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4.

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B.

b.

First Supplemental Disclosure, dated February 10, 2023

c.

Second Supplemental Disclosure, dated March 3, 2023

d.

Third Supplemental Disclosure, dated March 15, 2023

e.

Fourth Supplemental Disclosure, dated March 20, 2023

f.

Fifth Supplemental Disclosure, dated October 11, 2024

g.

Sixth Supplemental Disclosure, dated October 28, 2024

h.

Seventh Supplemental Disclosure, dated October 31, 2024

i.

Eighth Supplemental Disclosure, dated November 14, 2024

j.

Ninth Supplemental Disclosure, dated December 10, 2024

k.

Tenth Supplemental Disclosure, dated December 12, 2024

l.

Eleventh Supplemental Disclosure, dated January 27, 2025

m.

Twelfth Supplemental Disclosure, dated January 31, 2025

Individual Defendants’ Disclosures:
a.

Initial Disclosure of Witnesses and Documents, dated March 7, 2023

b.

First Supplemental Disclosure, dated October 16, 2024

The Parties have served and/or responded to the following written discovery:
1.

Roberts Plaintiffs’ Discovery Requests and Responses:
a.

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b.

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First Set of Requests for Production and Inspection of Documents to
Nye County and Nye County Sheriff’s Office, dated November 18,

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Initial Disclosure of Witnesses and Documents, dated February 7,

First set of Requests for Production of Documents to [former
defendant] Nevada Highway Patrol, dated February 16, 2023

c.

First Set of Interrogatories and Requests for Production to Daniel
Fischer, dated September 11, 2024

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d.

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Gentry, dated September 11, 2024
e.

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f.

g.

h.

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i.

j.

First Set of Interrogatories to Nye County, dated October 1, 2024

k.

Fifth Set of Requests for Production of Documents to Nye County,
dated November 7, 2024

l.

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m.

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and Daniel Fischer, dated February 5, 2025
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First Set of Requests for Admissions to Authenticate Documents to
Nye County, dated February 5, 2025

p.

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First Set of Requests for Admissions to Authenticate Documents to
Breanna Nelson, Alan Schrimpf, Brooke Gentry, Michael Mokeski,

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Second Set of Interrogatories to Breanna Nelson, dated January 30,
2025

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Sixth Set of Requests for Production of Documents to Nye County,
dated December 13, 2024

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Fourth Set of Requests for Production of Documents to Nye County,
dated October 1, 2024

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Third Set of Requests for Production of Documents to Nye County,
dated September 26, 2024

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Second Set of Requests for Production of Documents to Nye County,
dated September 11, 2024

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First Set of Interrogatories and Requests for Production to Alan W.
Schrimpf, dated September 11, 2024

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First Set of Interrogatories and Requests for Production to Breanna
Nelson, dated September 11, 2024

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First Set of Interrogatories and Requests for Production to Brooke

First Set of Requests for Admissions to Daniel Fischer and Alan
Schrimpf, dated February 20, 2025

q.

Second Set of Interrogatories to Defendant Nye County, dated

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February 20, 2025

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Myers Plaintiff’s Discovery Requests and Responses:
a.

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dated October 22, 2024

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b.

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First Sets of Requests for Production of Documents to Daniel
Fischer, Brooke Gentry, Breanna Nelson, Alan Schrimpf, and

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Michael Mokeski, dated October 22, 2024

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3.

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Nye County’s Discovery Requests and Responses:
a.

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Nye County’s Responses to Plaintiff Roberts’ First Set of Requests
for Production of Documents, dated March 3, 2023

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b.

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Nye County’s Amended Responses to Plaintiff Roberts’ First Set of
Requests for Production of Documents, dated March 20, 2023

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c.

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Nye County’s Responses to Plaintiff Roberts’ Second Set of
Requests for Production of Documents, dated October 14, 2024

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d.

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Nye County’s Responses to Plaintiff Roberts’ Third Set of Requests
for Production of Documents, dated October 28, 2024

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e.

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Nye County’s Responses to Plaintiff Roberts’ Fourth Set of Requests
for Production of Documents, dated October 31, 2024

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f.

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Nye County’s Responses to Plaintiff Roberts’ First Set of
Interrogatories, dated October 31, 2024

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g.

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Nye County’s Responses to Plaintiff Roberts’ Fifth Set of Requests
for Production of Documents, dated December 9, 2024

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h.

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Nye County’s Responses to Plaintiff Myers’ First Set of Requests for
Production of Documents, dated December 12, 2024

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i.

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First Set of Requests for Production of Documents to Nye County,

Nye County’s Responses to Plaintiff Roberts’ Sixth Set of Requests
for Production of Documents, dated January 13, 2025

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4.

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Individual Defendants’ Discovery Requests and Responses:
a.

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for Production of Documents and First Set of Interrogatories, dated

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October 16, 2024

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b.

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Interrogatories, dated October 16, 2024

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c.

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Interrogatories, dated October 16, 2024

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d.

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Interrogatories, dated October 16, 2024

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e.

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Daniel Fischer’s Responses to Plaintiff Myers’ Requests for
Production of Documents, dated November 25, 2024

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f.

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Brooke Gentry’s Responses to Plaintiff Myers’ Requests for
Production of Documents, dated November 25, 2024

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g.

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Breanna Nelson’s Responses to Plaintiff Myers’ Requests for
Production of Documents, dated November 25, 2024

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h.

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Alan Schrimpf’s Responses to Plaintiff Myers’ Requests for
Production of Documents, dated November 25, 2024

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i.

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Alan W. Schrimpf’s Responses to Plaintiff Roberts’ First Set of
Requests for Production of Documents and First Set of

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Breanna Nelson’s Responses to Plaintiff Roberts’ First Set of
Requests for Production of Documents and First Set of

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Brooke Gentry’s Responses to Plaintiff Roberts’ First Set of
Requests for Production of Documents and First Set of

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Daniel Fisher’s Responses to Plaintiff Roberts’ First Set of Requests

Michael Moleski’s Responses to Plaintiff Myers’ Requests for
Production of Documents, dated November 25, 2024

C.

The following depositions have been taken:
1. Deposition of Nye County Deputy Michael Moleski taken on October 14, 2024
2. Deposition of Nye County Deputy Breanna Nelson taken on October 15, 2024
3. Deposition of Nye County Deputy Isaac Champlin taken on October 18, 2024

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4. Deposition of Nye County Detective Daniel Fischer taken on October 18, 2024

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5. Deposition of Nye County Detective Brooke Gentry taken on October 28, 2024

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6. Deposition of Nye County Lieutenant Alan Schrimpf taken on November 20,

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2024

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7. Deposition of Tyler Charles Kennedy taken on January 10, 2025

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8. Deposition of Nevada Highway Patrol Trooper Luke Stang taken on February

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11, 2025
III.

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IV.

DISCOVERY THAT REMAINS TO BE COMPLETED
A.

Depositions of Plaintiffs

B.

Deposition of Lieutenant Michael Eisenloffel

C.

Deposition of Captain Harry Means

D.

Deposition of David Boruchowitz

E.

Deposition of Adam Levine, Esq.

F.

Deposition(s) of Nye County Rule (30)(b)(6) representative(s)

G.

Depositions of additional fact witnesses, as necessary

H.

Depositions of liability and medical experts

I.

Disclosure of initial and rebuttal experts

J.

Additional written discovery, as necessary

REASONS FOR NOT COMPLETING DISCOVERY
Pursuant to LR IA 6-1 and LR 26-3, the parties represent that good cause exists for the

extension of the deadline for discovery, deadlines for expert disclosures, and deadlines for
dispositive motions and the joint pre-trial order. As shown above by the extensive amount of
discovery completed to date, the parties have been working and continue to work diligently to
complete all necessary discovery. However, this case is extraordinarily complex and involves
multiple parties and extensive claims. To date, the depositions of the Individual Defendants have
been completed, as well as several additional depositions, and the Parties have been working to
schedule all remaining depositions with everyone’s schedules. Extensive written discovery requests

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have been propounded, and Nye County has produced over 20,000 pages of documents, in addition
to extensive videos. Further, the factual and legal issues in this case span different areas requiring
the retention of a multitude of experts. The Parties have agreed to this extension to allow additional
depositions and written discovery to take place prior to the initial expert disclosure deadline and to
avoid potential necessity for supplemental expert disclosures.

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The parties have acted in good faith in discovery to date and have no intent nor reason to
delay the resolution of this matter. A 60-day extension of the applicable deadlines should allow the
parties to finish all discovery.
V.

PROPOSED MODIFICATION

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Discovery Deadline
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Current Deadline

Initial Expert Disclosure
Rebuttal Expert Disclosure
Discovery Cutoff Date
Dispositive Motions
Joint Pre-Trial Order

March 19, 2025
April 21, 2025
May 19, 2025
June 18, 2025
July 17, 2025

NEW Deadline
May 19, 2025
June 20, 2025
July 18, 2025
August 18, 2025
September 15, 2025

IT IS SO STIPULATED.
DATED on this 4th day of March 2025.

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THE702FIRM

FREEMAN MATHIS & GARY, LLP

/s/ Michael C. Kane
_______________________________
MICHAEL C. KANE, ESQ. (10096)
BRADLEY J. MYERS, ESQ. (8857)
8335 West Flamingo Road
Las Vegas, Nevada 89147
Attorneys for Roberts Plaintiffs

/s/ Michael M. Edwards
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MICHAEL M. EDWARDS, ESQ. (6281)
STEPHANIE BEDKER, ESQ. (14169)
700 E Warm Springs Road, Suite 360
Las Vegas, Nevada 89119
Attorneys for Defendant Nye County

GREYSON M. GOODY, ESQ.
California Bar No. 292527
THE GOODY LAW GROUP
58 Malaga Cove Plaza
Palos Verdes Estates, CA 90274
Pro Hac Vice Counsel for Roberts Plaintiffs

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MARQUIS AURBACH

MOSS BERG INJURY LAWYERS

/s/ W. Reese Levins
_________________________________
BRIAN R. HARDY, ESQ. (10068)
W. REESE LEVINS, ESQ. (15951)
SARAH C. ETHINGTON, ESQ. (16530)
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendants Breanna Nelson,
Alan W. Schrimpf, Brooke Gentry, and Daniel
Fischer

/s/ Boyd B. Moss III
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BOYD B. MOSS III, ESQ. (8856)
JOHN C. FUNK, ESQ. (9255)
4101 Meadows Lane, Suite 110
Las Vegas, NV 89107
Attorneys for Plaintiffs Josh Myers, as parent
and legal guardian of EKS

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ORDER

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IT IS SO ORDERED:
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________________________________________
UNITED STATES MAGISTRATE JUDGE

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March 4, 2025
DATED:________________________

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