Nutsch v. Las Vegas Metropolitan Police Department et al

Filing 20

ORDER granting 19 Stipulation to Extend Discovery Plan and Scheduling Order Deadlines. Discovery due by 3/11/2024. Motions due by 4/9/2024. Proposed Joint Pretrial Order due by 4/10/2024. Signed by Magistrate Judge Cam Ferenbach on 11/14/2023. (Copies have been distributed pursuant to the NEF - CT)

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MARGARET A. MCLETCHIE, Nevada Bar No. 10931
LEO S. WOLPERT, Nevada Bar No. 12658
MCLETCHIE LAW
602 South Tenth Street
Las Vegas, NV 89101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Plaintiff Travis Nutsch
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TRAVIS NUTSCH, an individual,
Plaintiff,

ATTORNEYS AT LAW
602 SOUTH TENTH STREET
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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vs.

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, a Municipal Corporation;
OFFICER TIMOTHY NYE, an individual;
OFFICER GEORGE AJAM, an individual;
OFFICER GENE WOLFANGER, an
individual; OFFICER KELLEY FURNAS,
an individual; OFFICER ISRAEL CRUZ
CAMACHO, an individual; OFFICER
GABRIEL LEA, an individual; DOE
OFFICERS III-VII, individuals

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Case No.: 2:23-cv-01101-JCM-VCF
STIPULATION AND ORDER TO
EXTEND DISCOVERY PLAN AND
SCHEDULING ORDER DEADLINES
(FIRST REQUEST)

Defendants.

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Plaintiff Travis Nutsch, by and through his respective counsel, and Defendants Las

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Vegas Metropolitan Police Department, Officer Timothy Nye, Officer George Ajam, and

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Officer Gene Wolfanger, Officer Kelly Furnas, Officer Isrrael Cruz Camacho, and Officer

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Gabriel Lea, (“LVMPD Defendants”), by and through their respective counsel (collectively

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“the Parties”), hereby stipulate and agree to extend the Discovery Plan and Scheduling Order

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deadlines an additional sixty (60) days. This Stipulation is being entered in good faith and

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not for purposes of delay. This is the first request for an extension in this matter.

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A.

PLAINTIFF’S DISCOVERY

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1.

Plaintiff’s Initial Disclosures and Production of Documents Pursuant to Fed.

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R. Civ. P. 26.1, dated August 28, 2023.
2.

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Plaintiff’s First Set of Requests for Production to Defendant Las Vegas

Metropolitan Police Department, dated October 12, 2023.

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B.

DEFENDANTS’ DISCOVERY

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1.

Defendants’ Initial List of Witnesses and Documents Pursuant to Fed. R.

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ATTORNEYS AT LAW
602 SOUTH TENTH STREET
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

STATUS OF DISCOVERY.

Civ. P. 26.1 dated August 30, 2023,

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2.

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The Parties are actively conducting discovery.

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Plaintiffs need additional time to receive and review documents produced by

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Defendants; Defendants have requested a two-week extension of the November 14, 2023,

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deadline.

DISCOVERY THAT REMAINS TO BE COMPLETED.

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The Parties’ primary remaining discovery tasks include: (1) addressing any

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remaining meet and confer issues and finishing written discovery; (3) scheduling of

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depositions; and (3) expert discovery. Further, the Parties intend to save resources by having

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any expert disclosures follow the completion of fact discovery, to avoid the time and expense

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related to supplementing reports.

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3.

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This is the first request for an extension of discovery deadlines in this matter. The

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Parties request that the Discovery Plan and Scheduling Order deadlines be extended an

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additional sixty (60) days so that the Parties may complete the tasks above.

SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY.

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The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation to extend

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a deadline set forth in a discovery plan must be submitted to the Court no later than twenty-

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one (21) days before the expiration of the subject deadline, and that a request made within

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twenty-one (21) days must be supported by a showing of good cause. Here, almost all of the

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deadlines the Parties seek to extend are outside of the twenty-one (21) day window, the
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deadline for initial exert disclosures, however, is within the twenty-one (21) day window.

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Thus, the Parties must establish that good cause exists to extend these deadlines. Pursuant to

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Local Rule 26-3, the Parties submit that good cause exists for the extension requested.

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The Parties have been diligently conducting discovery, but an extension is needed

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to efficiently continue to conduct discovery, analyze the information provided, and manage

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the case. The Parties are resolving issues and meeting and conferring regarding related issues.

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Finally, the Parties together request this in good faith and to further the resolution

ATTORNEYS AT LAW
602 SOUTH TENTH STREET
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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of this complicated case on the merits, and not for any purpose of delay.

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There is thus good cause for the extension. “Good cause to extend a discovery

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deadline exists ‘if it cannot reasonably be met despite the diligence of the party seeking the

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extension.’” Derosa v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013 U.S. Dist. LEXIS

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108235, 2013 WL 3975764, at 1 (D. Nev. Aug. 1, 2013) (quoting Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)); see also Fed. R. Civ. P. 1 (providing

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that the Rules of Civil Procedure “should be construed, administered, and employed by the

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court and the Parties to secure the just, speedy, and inexpensive determination of every action

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and proceeding”). The Parties have been diligent in litigating this matter. Thus, the standard

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to extend all deadlines is satisfied here.

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Based on the foregoing stipulation and proposed deadlines plan, the Parties thus

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respectfully request an extension of time to extend the discovery in this matter to enable to

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them to conduct necessary discovery in this matter and so that this matter is fairly resolved

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on the merits.

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4.

PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING

DEADLINES

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Deadline

Current Deadline

Proposed New Deadline

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Amend Pleadings and
Add Parties

Past

unchanged

November 13, 2013

January 12, 2023
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Initial Expert
Disclosures

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December 11, 2023

February 9, 2024

Discovery Cut-Off

January 10, 2024

March 11, 2024 1

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Dispositive Motions

February 9, 2024

April 9, 2024

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Joint Pretrial Order

March 11, 2024

April 10, 2024

Rebuttal Expert
Disclosures

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(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.)

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Based on the foregoing stipulation and proposed deadlines plan, the Parties request

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that the Discovery Plan and Scheduling Order deadlines be extended an additional sixty (60)

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days so that the parties may conduct necessary discovery.

ATTORNEYS AT LAW
602 SOUTH TENTH STREET
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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Sixty (60) days from January 10, 2024, is Sunday, February 10, 2024
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ATTORNEYS AT LAW
602 SOUTH TENTH STREET
LAS VEGAS, NV 89101
[phone] (T) / [phone] (F)
WWW.NVLITIGATION.COM

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IT IS SO STIPULATED.
DATED this 13th day of November, 2023.

DATED this 13th day of November, 2023.

MCLETCHIE LAW

MARQUIS AURBACH

By: /s/ Margaret A. McLetchie
MARGARET A. MCLETCHIE
Nevada Bar No. 10931
LEO S. WOLPERT,
Nevada Bar No. 12658
602 South Tenth Street
Las Vegas, Nevada 89101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff

By: /s/ Nick D. Crosby
NICK D. CROSBY
Nevada Bar No. 8996
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for LVMPD Defendants

ORDER
IT IS SO ORDERED.

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U.S. DISTRICT COURT MAGISTRATE JUDGE

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Dated this 14th day of November 2023.

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