Rogers et al v. LVMPD (Police Department) et al
Filing
48
ORDER granting 47 Stipulation TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES (THIRD REQUEST). Discovery due by 10/8/2024. Motions due by 11/7/2024. Proposed Joint Pretrial Order due by 12/6/2024. The Clerk of Court is kindly directed to remove the stay designation entered under the order at 46 . Signed by Magistrate Judge Daniel J. Albregts on 2/5/2024. (Copies have been distributed pursuant to the NEF - CAH)
Case 2:22-cv-00867-CDS-DJA Document 47 Filed 02/02/24 Page 1 of 7
10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH
1 Marquis Aurbach
Craig R. Anderson, Esq.
2 Nevada Bar No. 6882
Jackie V. Nichols, Esq.
3 Nevada Bar No. 14246
10001 Park Run Drive
4 Las Vegas, Nevada 89145
Telephone: (702) 382-0711
5 Facsimile: (702) 382-5816
canderson@maclaw.com
6 jnichols@maclaw.com
Attorneys for Defendants Las Vegas Metropolitan
7
Police Department, Sheriff Joseph Lombardo, Sgt.
Alfredo Quintero, and Officer Praveen Raj
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
MICHAEL ROGERS, an individual; NIKITA
Case Number:
11 WRIGHT, an individual,
2:22-cv-00867-CDS-DJA
12
13
Plaintiffs,
STIPULATION AND ORDER TO
EXTEND DISCOVERY PLAN AND
SCHEDULING ORDER DEADLINES
vs.
14 LAS VEGAS METROPOLITAN POLICE
DEPARTMENT; JOSEPH LOMBARDO, in
15 his official capacity; ALFREDO
QUINTERO, individually; PRAVEEN RAJ,
16 individually; PARKER SMITH, individually;
TYLER GEORGI, individually; JUSTIN
17 JONSSON, individually; JAMES KILBER,
individually DOE OFFICERS V - VI,
18 individually,
19
(THIRD REQUEST)
Defendants.
20
21
Plaintiffs Michael Rogers and Nikita Wright (“Plaintiffs”), by and through their
22 counsel of record, Margaret A. McLetchie, Esq., N. Pieter O’ Leary, Esq. and Leo S. Wolpert,
23 Esq., of McLetchie Law, and Defendants, the Las Vegas Metropolitan Police Department (the
24 “Department” or “LVMPD”), Sheriff Joseph Lombardo (“Lombardo”), Sgt. Alfredo Quintero
25 (“Quintero”), and Officer Praveen Raj (“Raj”), collectively (“LVMPD Defendants”), by and
26 through their counsel of record, Craig R. Anderson, Esq. and Jackie V. Nichols, Esq., of
27 Marquis Aurbach, hereby stipulate and agree to extend the Discovery Plan and Scheduling
28
Page 1 of 7
MAC:14687-418 5274433_2
Case 2:22-cv-00867-CDS-DJA Document 47 Filed 02/02/24 Page 2 of 7
1 Order deadlines an additional nine (9) months. This Stipulation is being entered in good faith
2 and not for purposes of delay (supplemented information noted in bold-face type).
3 I.
STATUS OF DISCOVERY.
4
A.
PLAINTIFFS’ DISCOVERY.
5
1.
Plaintiffs’ Initial Disclosure of Witnesses and Documents Pursuant to FRCP
6 26.1(a)(1) dated August 22, 2022.
7
2.
Plaintiff Michael Rogers’ Request for Production of Documents to LVMPD -
8 Set One dated December 15, 2022.
9
3.
Plaintiff Nikita Wright’s Requests for Production to LVMPD - Set One dated
10 May 16, 2023.
10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH
11
4.
Michael Rogers’ Responses to LVMPD’s First Set of Interrogatories dated
12 May 31, 2023.
13
5.
Nikita Wright’s Responses to LVMPD’s First Set of Interrogatories dated
14 May 31, 2023.
15
6.
Michael Rogers’ Responses to LVMPD’s First Set of Requests for
16 Production of Documents dated May 31, 2023.
17
7.
Nikita Wright’s Responses to LVMPD’s First Set of Requests for
18 Production of Documents dated May 31, 2023.
19
8.
Plaintiffs’ First Supplemental Disclosure of Witnesses and Documents
20 Pursuant to FRCP 26.1(a)(1) dated May 31, 2023.
21
B.
DEFENDANTS’ DISCOVERY.
22
1.
LVMPD Defendants’ Initial Disclosure of Witnesses and Documents Pursuant
23 to FRCP 26.1(a)(1) dated August 19, 2022.
24
2.
LVMPD Defendants’ First Supplemental Disclosure of Witnesses and
25 Documents Pursuant to FRCP 26.1(a)(1) dated January 17, 2023.
26
3.
LVMPD’s Responses to Plaintiff Michael Rogers’ Requests for Production -
27 Set One dated January 17, 2023.
28
Page 2 of 7
MAC:14687-418 5274433_2
Case 2:22-cv-00867-CDS-DJA Document 47 Filed 02/02/24 Page 3 of 7
1
4.
LVMPD’s First Set of Interrogatories to Plaintiff Nikita Wright dated April 21,
5.
LVMPD’s First Set of Requests for Production of Documents to Plaintiff
2 2023.
3
4 Nikita Wright dated April 21, 2023.
5
6.
LVMPD’s First Set of Interrogatories to Plaintiff Michael Rogers dated April
6 21, 2023.
7
7.
LVMPD’s First Set of Requests for Production of Documents to Plaintiff
8 Michael Rogers dated April 21, 2023.
9
8.
LVMPD’s Responses to Plaintiff Nikita Wright’s Requests for Production
10 - Set One dated July 17, 2023.
10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH
11
9.
LVMPD Defendants’ Second Supplemental Disclosure of Witnesses and
12 Documents Pursuant to FRCP 26.1(a)(1) dated July 17, 2023.
13 II.
DISCOVERY THAT REMAINS TO BE COMPLETED.
14
The Parties have been engaged in settlement negotiations in an effort to resolve
15 Plaintiffs’ claims. All deadlines were stayed from November 9, 2023, until January 8, 2024,
16 to allow counsel to negotiate. (See ECF No. 46). Further, the Parties are also actively
17 conducting discovery. The Parties will need additional time to propound written discovery,
18 respond to written discovery, and conduct depositions prior to expert disclosures to avoid
19 unnecessary additional costs related to expert disclosures.
20 III.
SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY.
21
Pursuant to Local Rule 26-3, the Parties submit that good cause exists for the extension
22 requested. This is the second request for an extension of discovery deadlines in this matter.
23 The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation to extend a deadline
24 set forth in a discovery plan must be submitted to the Court no later than 21 days before the
25 expiration of the subject deadline, and that a request made within 21 days must be supported
26 by a showing of good cause. All of the deadlines the Parties are requesting be extended expire
27 outside of the 21 day window that necessitates a showing of good cause.
28
Page 3 of 7
MAC:14687-418 5274433_2
Case 2:22-cv-00867-CDS-DJA Document 47 Filed 02/02/24 Page 4 of 7
1
The Parties have been diligently conducting discovery and continue to conduct
2 discovery. The Parties are working on scheduling the depositions of named parties and
3 witnesses. The Parties previously entered into a stay of the discovery deadlines pending
4 settlement discussions, but to no avail. See ECF Nos. 44 and 46. The Parties contend an
5 extension of discovery deadlines enables them to continue to conduct necessary discovery so
6 that this matter is fairly resolved and give the experts the opportunity to review all discovery
7 produced in this dispute. Finally, the Parties together request this in good faith and to further
8 the resolution of this complicated case on the merits, and not for any purpose of delay.
9
The Parties thus respectfully request an extension of time to extend the discovery in
10 this matter to enable to them to conduct necessary discovery in this matter and so that this
10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH
11 matter is fairly resolved on the merits. “Good cause to extend a discovery deadline exists ‘if
12 it cannot reasonably be met despite the diligence of the party seeking the extension.’” Derosa
13 v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013 U.S. Dist. LEXIS 108235, 2013 WL
14 3975764, at 1 (D. Nev. Aug. 1, 2013) (quoting Johnson v. Mammoth Recreations, Inc., 975
15 F.2d 604, 609 (9th Cir. 1992)); see also Fed. R. Civ. P. 1 (providing that the Rules of Civil
16 Procedure “should be construed, administered, and employed by the court and the parties to
17 secure the just, speedy, and inexpensive determination of every action and proceeding”). As
18 the procedural history of this case illustrates, the Parties have been diligent in litigating this
19 matter. The Parties are continuing to engage in written discovery and have begun coordinating
20 the taking of depositions.
21
Additionally, counsel for the Parties in this matter are litigating several other unrelated
22 matters against each other which are well-advanced and have competing demands, and while
23 competing demands of litigation are merely one of many reasons for the instant request, it
24 should be noted that the other litigation between the same counsel involving similar issues can
25 only benefit from expanded discovery so that in other litigation, similar requests can be
26 expedited because they may have been done at least in part in this case; in this case, it would
27 be a matter of a universal benefit to the ends of justice and future efficiencies.
28
Page 4 of 7
MAC:14687-418 5274433_2
Case 2:22-cv-00867-CDS-DJA Document 47 Filed 02/02/24 Page 5 of 7
1
Finally, counsel for Defendants has been ill through December and January, which
2 necessitated several medical appointments and required her to be out of the office.
3 Additionally, counsel for Defendants is anticipated to have surgery on her knee in the near
4 future. Counsel for Plaintiff has also been ill during December and January, including a
5 respiratory illness, and is currently recovering from COVID. These circumstances further
6 compound the need for an extension of the discovery deadlines.
7
Thus, the standards to extend all deadlines, including the expert deadlines, are satisfied
8 here.
9 IV.
PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DEADLINES
10
10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH
11
Current Deadline
Proposed New Deadline
Amend Pleadings and Add Parties
March 24, 2023
Past Due/Unchanged
Initial Expert Disclosures
August 22, 2023
August 9, 2024
September 22, 2023
September 9, 2024
October 20, 2023
October 8, 2024
Dispositive Motions
November 21, 2023
November 7, 2024
Pretrial Order
December 22, 2023
December 6, 2024 (If
dispositive motions are filed,
the deadline shall be
suspended until thirty (30)
days after the decision of the
dispositive motions or further
order of the Court.)
12
13
14
Rebuttal Expert Disclosures
15
Discovery Cut-Off
16
17
18
19
20
21
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
Page 5 of 7
MAC:14687-418 5274433_2
Case 2:22-cv-00867-CDS-DJA Document 47 Filed 02/02/24 Page 6 of 7
1
Based on the foregoing stipulation and proposed deadlines plan, the Parties request
2 that the Discovery Plan and Scheduling Order deadlines be extended additional nine (9)
3 months so that the parties may conduct additional discovery, conduct depositions and
4 efficiently litigate the case based on the merits.
5
Dated this 2nd day of February, 2024.
Dated this 2nd day of February, 2024.
6
MCLETCHIE LAW
MARQUIS AURBACH
By:
By:
7
8
9
10
10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH
11
12
13
/s/ N. Pieter O’ Leary
Margaret A. McLetchie, Esq.
Nevada Bar No. 10931
N. Pieter O’ Leary, Esq.
Nevada Bar No. 15297
Leo S. Wolpert, Esq.
Nevada Bar No. 12658
602 South 10th Street
Las Vegas, Nevada 89101
Attorneys for Plaintiffs Michael Rogers
and Nikita Wright
/s/ Jackie V. Nichols
Craig R. Anderson, Esq.
Nevada Bar No. 6882
Jackie V. Nichols, Esq.
Nevada Bar No. 14246
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendants Las Vegas
Metropolitan Police Department,
Sheriff Joseph Lombardo, Sgt. Alfredo
Quintero, and Officer Praveen Raj
14
15
16
17
18
19
20
ORDER
IT IS
ORDERED
that theisparties'
(ECF No. 47) is GRANTED. The
The
above Stipulation
herebystipulation
GRANTED.
Clerk of Court is kindly directed to remove the stay designation entered under the
IT at
IS ECF
SO ORDERED.
Order
No. 46.
_____________________________________
UNITED STATES MAGISTRATE JUDGE
2/5/2024
DATED: __________________
21
22
23
24
25
26
27
28
Page 6 of 7
MAC:14687-418 5274433_2
Case 2:22-cv-00867-CDS-DJA Document 47 Filed 02/02/24 Page 7 of 7
1
2
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing STIPULATION AND
3 ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER
4 DEADLINES (THIRD REQUEST) with the Clerk of the Court for the United States District
5 Court by using the court’s CM/ECF system on the 2nd day of February, 2024.
6
I further certify that all participants in the case are registered CM/ECF users
7 and that service will be accomplished by the CM/ECF system.
8
I further certify that some of the participants in the case are not registered
9 CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid,
10 or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to
10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH
11 the following non-CM/ECF participants:
12
N/A
13
14
15
/s/ Rosie Wesp
An employee of Marquis Aurbach
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 7 of 7
MAC:14687-418 5274433_2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?