Wheeler v. Henderson Police Department et al, No. 2:2015cv01772 - Document 63 (D. Nev. 2018)

Court Description: ORDER granting 62 Stipulation; Discovery due by 12/4/2018. Motions due by 1/3/2019. Proposed Joint Pretrial Order due by 2/4/2019. Signed by Magistrate Judge Carl W. Hoffman on 7/17/2018. (Copies have been distributed pursuant to the NEF - JM)

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Wheeler v. Henderson Police Department et al Doc. 63 Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 Margaret A. McLetchie, Nevada Bar No. 10931 Alina M. Shell, Nevada Bar No. 11711 MCLETCHIE SHELL LLC 701 East Bridger Ave., Suite 520 Las Vegas, NV 89101 Telephone: (702) 728-5300 Facsimile: (702) 425-8220 Email: maggie@nvlitigation.com Jennifer L. Braster, Nevada Bar No. 9982 NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 Telephone: (702) 420-7000 Facsimile: (702) 420-7001 Email: jbraster@naylorandbrasterlaw.com Attorneys for Plaintiff, Edward Wheeler 12 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 EDWARD WHEELER, an individual, 16 17 Case. No.: 2:15-cv-01772-JCM-CWH Plaintiff, STIPULATION TO EXTEND DISCOVERY DEADLINES SET FORTH IN SCHEDULING ORDER [ECF No. 60] vs. 18 19 20 21 22 23 CITY OF HENDERSON, a Nevada Municipal Corporation; CITY OF NORTH LAS VEGAS, Nevada, a Municipal Corporation; and SERGEANT TRAVIS SNYDER, individually and in his official capacity as a North Las Vegas Police Sergeant, (Sixth Request) Defendants. 24 25 Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel 26 of record, hereby stipulate and request that this Court extend discovery in the above- 27 captioned case sixty (60) days, up to and including Tuesday, December 4, 2018. In addition, 28 the parties request that the dispositive motions and pretrial order deadlines be extended for 1 Dockets.Justia.com Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 2 of 8 1 an additional sixty (60) days as outlined herein. In support of this Stipulation and Request, 2 the parties state as follows: 3 4 5 6 7 8 9 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 DISCOVERY COMPLETED TO DATE 1. On September 15, 2015, this action was commenced by Plaintiff Edward Wheeler filing of this Complaint and Jury Demand (ECF No. 1). 2. On December 11, 2015 Plaintiff Edward Wheeler filed his Amended Complaint (ECF No. 5). 3. On January 5, 2016, Defendant City of Henderson filed its Motion to Dismiss Amended Complaint (ECF No. 17). 4. On August 1, 2016, Plaintiff Edward Wheeler filed his Second Amended Complaint (ECF No. 25). 5. On December 21, 2016, Plaintiff Edward Wheeler filed his Third Amended Complaint (ECF No. 30). 6. On January 10, 2017, Defendant City of Henderson filed its Motion to Dismiss Third Amended Complaint (ECF No. 34). 7. On January 18, 2017, Defendants City of North Las Vegas and Sergeant 17 Travis Snyder filed their Answer to Third Amended Complaint and Demand for Jury Trial 18 (ECF Nos. 35 and 37). 19 20 21 22 23 24 25 26 27 28 8. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Requests for Production of Documents to Defendant City of Henderson. 9. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Requests for Production of Documents to Defendant City of North Las Vegas. 10. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Interrogatories to Defendant City of Henderson. 11. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Interrogatories to Defendant City of North Las Vegas. 12. On March 14, 2017, the Stipulated Discovery Plan Discovery Plan and Scheduling Order was filed (ECF No. 46). 2 Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 3 of 8 1 2 3 4 5 6 7 8 9 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. On March 14, 2017, Plaintiff Edward Wheeler propounded his Second Set of Interrogatories to Defendant City of Henderson. 14. On March 14, 2017, Plaintiff Edward Wheeler propounded his Second Set of Interrogatories to Defendant City of North Las Vegas. 15. On March 20, 2017, Defendants City of North Las Vegas and Sergeant Travis Snyder produced their Initial Disclosures of Production of Documents. 16. On March 21, 2017, Plaintiff Edward Wheeler produced his Initial Disclosures of Production of Documents. 17. On March 21, 2017, Defendant City of Henderson produced its Initial Disclosures of Production of Documents. 18. On April 10, 2017, Defendant City of Henderson responded to Plaintiff Edward Wheeler’s First Set of Requests for Production of Documents. 19. On April 10, 2017, Defendant City of Henderson responded to Plaintiff Edward Wheeler’s First Set of Interrogatories. 20. On April 13, 2017, Defendant City of Henderson responded to Plaintiff Edward Wheeler’s Second Set of Interrogatories. 21. On April 13, 2017, Defendant City of Henderson produced its First Supplement to Initial Disclosures of Production of Documents. 22. On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s First Set of Requests for Production of Documents. 23. On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s First Set of Interrogatories. 24. On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s Second Set of Interrogatories. 25. On June 5, 2017, Defendant City of North Las Vegas and Sergeant Travis Snyder produced their First Supplement to Initial Disclosures of Production of Documents. 26. On June 8, 2017, Defendant City of North Las Vegas propounded its First Set of Requests for Production of Documents to Plaintiff Edward Wheeler. 3 Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. On June 8, 2017, Defendant City of North Las Vegas propounded its First Set of Interrogatories to Plaintiff Edward Wheeler. 28. On June 19, 2017, Plaintiff Edward Wheeler produced his First Supplement to Initial Disclosures of Production of Documents. 29. On July 28, 2017, this Court granted the parties’ Stipulated Protective Order (ECF No. 52). 30. On August 3, 2018, Plaintiff Edward Wheeler responded to Defendant City of North Las Vegas’s First Set of Requests for Production of Documents. 31. On August 3, 2018, Plaintiff Edward Wheeler responded to Defendant City of North Las Vegas’s First Set of Interrogatories. 32. On September 22, 2017, Plaintiff Edward Wheeler propounded his Third Set of Interrogatories to Defendant City of North Las Vegas. 33. On September 22, 2017, Plaintiff Edward Wheeler propounded his Third Set of Interrogatories to Defendant City of Henderson. 34. On September 22, 2017, Plaintiff Edward Wheeler propounded his Second Set of Request for Production of Documents to Defendant City of North Las Vegas. 35. On September 22, 2017, Plaintiff Edward Wheeler propounded his First Set of Interrogatories to Defendant Sgt. Travis Snyder. 36. On September 22, 2017, Plaintiff Edward Wheeler propounded his First Set of Request for Production of Documents to Defendant Sgt. Travis Snyder. 37. On November 8, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s Third Set of Interrogatories. 38. On November 8, 2017, Defendant Sgt. Travis Snyder responded to Plaintiff Edward Wheeler’s First Set of Interrogatories. 39. On November 8, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s Second Set of Requests for Production of Documents. 40. On November 8, 2017, Defendant Sgt. Travis Snyder responded to Plaintiff Edward Wheeler’s First Set of Requests for Production of Documents. 4 Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 5 of 8 1 2 41. Plaintiff Edward Wheeler’s Third Set of Interrogatories. 3 4 42. 43. 9 10 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 11 On January 9, 2018, Defendant City of Henderson produced its Second Supplement to Initial Disclosures of Production of Documents. 7 8 On November 29, 2017, Defendants City of North Las Vegas and Sgt. Travis Snyder noticed the deposition of Plaintiff Edward Wheeler. 5 6 On November 16, 2017, Defendant City of Henderson responded to 44. On January 23, 2018, Defendants took the deposition of Plaintiff Edward 45. On March 16, 2018, Plaintiff Edward Wheeler produced his Third Wheeler. Supplement to Initial Disclosures of Production of Documents. 46. On April 20, 2018, Plaintiff Edward Wheeler produced his Fourth 12 Supplement to Initial Disclosures of Production of Documents. This supplement included a 13 flashdrive with over 7,000 pages of confidential documents from Walker et al. v. City of 14 North Las Vegas, et al., U.S. District Court Case 2:14-cv-01475-JAD-NJK. 15 16 17 47. On May 18, 2018, Defendant City of Henderson filed its Answer to Plaintiff’s Third Amended Complaint (ECF No. 61). 48. The parties anticipate that additional written discovery will be necessary. 18 19 20 DISCOVERY REMAINING 1. The deposition of parties, Fed. R. Civ. P. 30(b)(6) witness(es), and any disclosed experts will be completed by the close of discovery. 21 2. Additional written discovery and responses. 22 3. Expert disclosures. 23 24 25 REASONS WHY DISCOVERY WAS NOT COMPLETED The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested extension. 26 The parties have stipulated to a Protective Order which was entered by the Court 27 and will provide documents subject to that order. Said documents will also be submitted for 28 expert review. In addition, the parties are working on scheduling depositions. 5 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 6 of 8 1 Counsel for Plaintiff Edward Wheeler has an oral argument in Carson City on July 2 18, 2018 in Las Vegas Review-Journal v. Clark County School District, Nev. S. Ct. Case No. 3 73525. Counsel for Plaintiff has a settlement conference in Idaho on June 29, 2018 in Roy 4 Trost aka Daisy Meadows v. State of Nevada et al., U.S. District Court Case 3:14-cv-00611- 5 MMD-WGC. Counsel for Plaintiff and Defendants City of North Las Vegas and Sgt. Travis 6 Snyder have replies to dispositive motions due in Walker et al. v. City of North Las Vegas, 7 et al., U.S. District Court Case No. 2:14-cv-01475-JAD-NJK on August 3, 2018. Plaintiff’s 8 counsel also has a Reply to Response to Supplemental Petition for Writ of Habeas Corpus 9 (Post-Conviction) in State v. Fleming, Eighth Judicial Court Case No. C-11-276132-1, due 10 on August 9, 2018. Counsel for Plaintiff also has an Answering Brief due on August 13, 11 2018, in Clark County Office of the Coroner/Medical Examiner v. Las Vegas-Review 12 Journal, Nev. S. Ct. Case No. 75095. Plaintiff’s Counsel also has a settlement conference in 13 the Las Vegas Review-Journal v. City of Henderson, scheduled for August 14, 2018. 14 Counsel for Defendants City of North Las Vegas and Sgt. Travis Snyder has been 15 occupied with preparing dispositive briefing in Murry v. City of North Las Vegas, U.S. 16 District Court Case No. 2:17-cv-157-APG-CWH and in Picozzi v. Sergeant Judd, et al, U.S. 17 District Court Case No. 2:15-cv-0816-JCM-PAL. Counsel for Defendants City of North Las 18 Vegas and Sgt. Travis Snyder has also been occupied in preparing for trial in O.P.H. of Las 19 Vegas v. Oregon Mutual Insurance Company, Eighth Judicial District Court Case No. A-12- 20 672158-C as well as occupied in conducting discovery in Small et al v. University Medical 21 Center of Southern Nevada, U.S. District Court Case No. 2:13-cv-00298-APG-PAL, a 600 22 member class action FLSA matter that has a discovery cutoff date of August 27, 2018. 23 Given counsels’ time constraints and availability, the time to complete discovery 24 in this case has been telescoped. The parties are diligently working on the discovery in this 25 case. 26 /// 27 /// 28 /// 6 Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 7 of 8 The following is a list of the current discovery deadlines and the parties’ proposed 1 2 3 4 5 6 7 8 extended deadlines: Scheduled Event Discovery Cut-off Expert Disclosure pursuant to Fed. R. Civ. P. 26(a)(2) Rebuttal Expert Disclosure pursuant to Fed. R. Civ. P. 26(a)(2) Interim Status Report Dispositive Motions 9 10 Joint Pretrial Order 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 Current Deadline Proposed Deadline Monday, October 5, 2018 Tuesday, December 4, 2018 Monday, August 6, 2018 Friday, October 5, 2018 Wednesday, September 5, Monday, November 5, 2018 2018 Monday, August 8, 2018 Friday, October 5, 2018 Monday, November 5, Thursday, January 3, 2019, or 2018 at least thirty (30) days after the close of discovery. Wednesday, December 5, Monday, February 4, 2019, or 2018 at least thirty (30) days after the decision of last Dispositive Motions or further order of the Court. Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-4 14 governs modifications or extension of this discovery plan and scheduling order. Any 15 stipulation or motion must be made no later than twenty-one (21) days before the expiration 16 of the subject deadline, and comply fully with LR 26-4. In this case, the current deadline for 17 the expert disclosures is August 6, 2018, and thus this request is timely. 18 This extension request is made in good faith, jointly by the parties, and not for the 19 purposes of delay. Trial in this matter has not yet been set. Moreover, since this request is 20 a joint request, neither party will be prejudiced. 21 This Request for an extension of time is not sought for any improper purpose or 22 other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing 23 sufficient time to conduct discovery in this case and adequately prepare their respective cases 24 for trial. 25 This is the sixth request for extension of time in this matter. The parties respectfully 26 submit that the reasons set forth above constitute compelling reasons for the extension. 27 /// 28 7 Case 2:15-cv-01772-JCM-CWH Document 62 Filed 07/16/18 Page 8 of 8 1 WHEREFORE, the parties respectfully request that this Court extend discovery 2 deadlines in the above-captioned case sixty (60) days, up to and including December 4, 2018 3 and the other discovery deadlines as outlined in accordance with the table above. 4 5 6 IT IS SO STIPULATED. DATED this 16th day of July, 2018. DATED this 16th day of July, 2018. CITY OF HENDERSON MCLETCHIE SHELL LLC /s/ Nancy D. Savage Josh M. Reid, NBN 7497 Nancy D. Savage, NBN 392 240 Water Street, MSC 144 Henderson, NV 89015 Attorneys for Defendant, City of Henderson /s/ Margaret A. McLetchie Margaret A. McLetchie, NBN 10931 Alina M. Shell, NBN 11711 701 East Bridger Ave., Suite 520 Las Vegas, NV 89101 7 8 9 10 11 13 NAYLOR & BRASTER Jennifer L. Braster, NBN 9982 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 14 Attorneys for Plaintiff, Edward Wheeler ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 15 DATED this 16th day of July, 2018. 16 17 18 19 20 21 LEWIS BRISBOIS BISGAARD & SMITH LLP /s/ Robert W. Freeman, Jr. Robert W. Freeman, Jr., NBN 3062 Noel E. Eidsmore, NBN 7688 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendants, City of North Las Vegas and Sergeant Travis Snyder 22 ORDER 23 24 IT IS SO ORDERED. 25 July_____ 17, 2018 DATED this day of ______________________, 2018. 26 27 28 U.S. DISTRICT MAGISTRATE JUDGE 8

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