Smith et al v. Clark County, Nevada et al

Filing 47

ORDER granting 46 Stipulation To Extend Time For LVMPD Defendants To File Their Opposition To Plaintiffs' 40 Motion for Sanctions. Responses due by 7/12/2024. Signed by Magistrate Judge Brenda Weksler on 7/8/2024. (Copies have been distributed pursuant to the NEF - MAM)

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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 Nicholas M. Adams, Esq. 3 Nevada Bar No. 15859 10001 Park Run Drive 4 Las Vegas, Nevada 89145 Telephone: (702) 382-0711 5 Facsimile: (702) 382-5816 canderson@maclaw.com 6 nadams@maclaw.com Attorneys for Defendants LVMPD, Ofc. Arnold, Ofc. Taylor, Ofc. Mayer, Ofc. Gault and 7 Ofc. Carrillo Jasso 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 JESSICA SMITH, an individual and MICHAEL BLAKE, an individual 11 Plaintiffs, 12 vs. 13 CLARK COUNTY, NEVADA, a political 14 subdivision of the State of Nevada; LAS VEGAS METROPOLITAN POLICE 15 DEPARTMENT, a political subdivision of Clark County, Nevada and the State of 16 Nevada; MATTHEW ARNOLD, in his individual capacity; MATTHEW TAYLOR, 17 in his individual capacity; BENEDETTO MAYER, in his individual capacity; CODY 18 GAULT, in his individual capacity; HOMER CARRILLO JASSO, in his individual 19 capacity; DOE LAS VEGAS METROPOLITAN POLICE OFFICERS I-X; 20 KEVIN CAREY, an individual; DOES I through X and ROE ENTITIES I through X, 21 inclusive, 22 23 24 25 26 27 28 Case Number: 2:23-cv-01881-ART-BNW STIPULATION AND ORDER TO EXTEND TIME FOR LVMPD DEFENDANTS TO FILE THEIR OPPOSITION TO PLAINTIFFS’ MOTION FOR SPOLIATION SANCTIONS (ECF NO. 40) (SECOND REQUEST) Defendants Defendants Las Vegas Metropolitan Police Department (“LVMPD”), Sgt. Matthew Arnold, Ofc. Matthew Taylor, Ofc. Benedetto Mayer, Ofc. Cody Gault, and Ofc. Homer Carrillo Jasso (“LVMPD Defendants”), by and through their attorneys of record, Marquis Aurbach, and Plaintiffs Jessica Smith and Michael Blake (“Plaintiffs”), by and through their attorneys of record, Breeden & Associates, PLLC, hereby stipulate to extend the time for the Page 1 of 3 MAC:14687-478 5531140_1 7/5/2024 2:45 PM 1 LVMPD Defendants to file their Opposition to Plaintiffs’ Motion for Spoliation Sanctions. 2 (ECF No. 40) 3 1. On June 10, 2024, Plaintiffs filed their Motion for Spoliation Sanctions. 4 (ECF No. 40) (the “Motion”). 5 2. On June 26, 2024, the parties stipulated and the Court ordered that LVMPD 6 Defendants be granted an extension to respond to the Motion from June 24, 2024 to July 8, 7 2024. 8 3. Counsel for LVMPD Defendants recently finished a ten-day jury trial in the 9 case of LVMPD, et al. adv. Lawrence, et al., Case Number 2:16-cv-03039-APG-NJK. The 10 trial went longer than expected. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 4. Counsel for LVMPD Defendants is diligently working on the Opposition to 12 the Motion and it is essentially complete, however a declaration is needed to support the 13 Opposition and the declarant was unavailable the week of July 1-5, 2024, due to the Fourth 14 of July holiday. 15 5. Therefore, in order to properly respond to Plaintiffs’ Motion, the Defendants 16 request an additional 4-day extension to July 12, 2024. 17 6. Defendants affirm this request is made in good faith and not for purposes of 18 delay. This extension has been discussed with Plaintiffs’ counsel who has graciously agreed 19 to the same. 20 IT IS SO STIPULATED this 5th day of July, 2024. 21 MARQUIS AURBACH 22 23 24 25 26 27 BREEDEN& ASSOCIATES, PLLC By: /s/ Craig R. Anderson Craig R. Anderson, Esq. Nevada Bar No. 6882 Nicholas M. Adams, Esq. Nevada Bar No. 15859 10001 Park Run Drive Las Vegas, Nevada 89145 Attorney for Defendants LVMPD, Ofc. Arnold, Ofc. Taylor, Ofc. Mayer, Ofc. Gault and Ofc. Carrillo Jasso By: /s/ Adam J. Breeden_____ Adam J. Breeden, Esq. Nevada Bar No. 8768 7432 W. Sahara Ave., #101 Las Vegas, Nevada 89117 Attorney for Plaintiffs 28 Page 2 of 3 MAC:14687-478 5531140_1 7/5/2024 2:45 PM 1 2 ORDER IT IS HEREBY ORDERED that the LVMPD Defendants’ Opposition to Plaintiffs’ 3 Motion for Spoliation Sanctions shall be due on July 12, 2024. 4 IT IS SO ORDERED: 5 DATED: July 8, 2024 6 United States Magistrate Judge 7 8 9 10 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3 MAC:14687-478 5531140_1 7/5/2024 2:45 PM

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