Ansara et al v. Maldonado et al, No. 2:2019cv01394 - Document 62 (D. Nev. 2020)
Court Description: ORDER granting 61 STIPULATION to Stay Discovery. Status Conference set for 11/16/2020 at 11:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 5/5/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Ansara et al v. Maldonado et al Doc. 62 Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 1 of 8 1 2 3 4 5 6 7 8 9 FELICIA GALATI, ESQ. Nevada Bar No. 7341 OLSON, CANNON, GORMLEY ANGULO & STOBERSKI 9950 West Cheyenne Avenue Las Vegas, NV 89129 fgalati@ocgas.com Telephone: 702-384-4012 Facsimile: 702-383-0701 Attorneys for Defendants CLARK COUNTY, GLORIA MALDONADO, AUDRA GUITIERREZ/GUERRO, YOLANDA KING and TIM BURCH UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 11 12 Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT ANSARA, as Special Administrator of the estate of D.B., born December 18, 2015 and died August 15, 2017 and GABRIELLE CASE NO. 2:19-cv-01394-GMN-VCF BRANON-CHESLEY, individually, as the Natural Mother of D.B., David Banks, individually and as the Natural Father of D.B., STIPULATION AND ORDER TO STAY DISCOVERY Plaintiffs, v. GLORIA MALDONADO, individually; AUDRA GUITERREZ/GUERRO, individually; RICHARD WHITLEY, Director of the Nevada Department of Health and Human Services, individually; ROSS ARMSTRONG, Administrator of Nevada Division of Child and Family Services, individually; YOLANDA KING, Clark County Manager, individually; TIM BURCH, Director of Clark County Department of Family Services, individually; DIAMOND FORD, individually; CRAIG DICKENS; individually; DOE individuals I-XX, ROE CLARK COUNTY DEPARTMENT OF FAMILY SERVICES EMPLOYEES I-XX, individually and in their official capacities; CLARK COUNTY DEPARTMENT OF FAMILY SERVICES; COUNTY OF CLARK, a political subdivision of the State of Nevada; TROPICANA DE, LLC, d/b/a SIEGAL SUITES OF TROPICANA, a Foreign Limited Liability Corporation; AND DOE SECURITY COMPANY and ZOE CORPORATIONS XXIXXX, Defendants. PAGE 1 OF 8 Dockets.Justia.com Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 2 of 8 1 COMES NOW ROBERT ANSARA, as Special Administrator of the estate of D.B., and 2 GABRIELLE BRANON-CHESLEY, individually, as the Natural Mother of D.B., David Banks, 3 individually and as the Natural Father of D.B., Defendants CLARK COUNTY, GLORIA 4 5 MALDONADO, AUDRA GUITIERREZ/GUERRO, YOLANDA KING and TIM BURCH 6 (herein after “County Defendants”), RICHARD WHITLEY, Director of Nevada Department of 7 Health and Human Services, individually and TROPICANA DE, LLC, d/b/a SIEGAL SUITES 8 OF TROPICANA (“Tropicana”), a Foreign Limited Liability Corporation; by and through their 9 respective counsel of record, do hereby stipulate to stay some discovery and related other 10 Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 11 deadlines – except written discovery, subpoenas and written requests of that nature – pending 12 the determination of all Defendants’ Motions to Dismiss (ECF Nos. 16, 41 and 45) and the 13 related papers. 14 Pursuant to Local Rule 6-1(b), the Parties hereby aver that this is the first such stay 15 requested in this matter: 16 17 18 19 • Plaintiffs filed their First Amended Complaint (FAC) (ECF No. 5) August 15, 2019. • Defendant Tropicana De, LLC filed a Motion to Dismiss the FAC (ECF No. 16) on September 19, 2019. 20 • Plaintiffs filed an Opposition (ECF No. 21) thereto on September 30, 2019. • Defendant Tropicana De, LLC filed a Reply (ECF No. 28) thereto on October 7, 2019. • Plaintiffs filed a Motion for leave to file a Second Amended Complaint (ECF No. 31) 21 22 23 24 on October 8, 2019. 25 • A Joint Discovery Plan and Scheduling Order (ECF No. 39) was filed on October 23, 26 2019. 27 28 /// PAGE 2 OF 8 Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 3 of 8 • Defendant Richard Whitley filed a Motion to Dismiss (ECF No. 41) on October 24, 1 2 2019. 3 • Plaintiffs served its FRCP 26 Initial Disclosures on October 28, 2019. • Defendant Tropicana De, LLC served its FRCP 26 Initial Disclosures on October 29, 4 5 6 2019. 7 8 • County Defendants served their FRCP 26 Initial Disclosures on October 30, 2019. • County Defendants filed a Joinder to Defendant Richard Whitley’s Motion 9 10 to Dismiss (ECF No. 42) and their Motion to Dismiss (ECF No. 45) ) on October 31, 2019; • 11 Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 12 Plaintiffs filed an Opposition (ECF No. 48) to Richard Whitley’s Motion to Dismiss on November 8, 2019. 13 • An Order dismissing Defendants Diamond Ford and Craig Dickens Without Prejudice 14 (ECF No. 51) was filed on November 13, 2019. 15 • 16 17 2019. • 18 19 Defendant Richard Whitley filed a Reply to the Plaintiffs Opposition on November 13, County Defendants filed a Joinder to Richard Whitley’s Reply to Response to Motion to Dismiss (ECF No. 52) on November 14, 2019. 20 • 21 22 on November 14, 2019. • 23 24 Plaintiffs filed an Opposition (ECF No. 53) to County Defendants’ Motion to Dismiss County Defendants filed a Reply to Plaintiffs’ Opposition to Dismiss Plaintiffs’ First Amended Complaint (ECF No. 56) on November 26, 2019. 25 • Defendant Richard Whitley sent Interrogatories to Plaintiff Robert Ansara dated 26 27 28 December 6, 2019 and received a response on January 14, 2020. /// PAGE 3 OF 8 Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 4 of 8 • 1 2 County Defendants served their FRCP (26) First Supplemental Disclosures with exhibits thereto on February 25, 2020. 3 • Defendant Richard Whitley sent Requests for Admission and Interrogatories to Plaintiff 4 5 David Banks dated February 28, 2020 and received a response on March 26, 2020. • 6 7 Defendant Richard Whitley has propounded written discovery on Plaintiffs and they responded thereto on March 26, 2020. 8 A Stipulation and Order to Extend Discovery (First Request) (ECF No. 60) was 9 filed on April 14, 2020. The current initial expert deadline is October 15, 2020 and the 10 11 close of discovery is January 14, 2021. • Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 12 13 Plaintiffs have Propounded Written Discovery on Tropicana and it responded thereto April 27, 2020. 14 • Plaintiffs propounded written discovery on the County Defendants and they responded 15 16 thereto on April 29, 2020. • 17 18 County Defendants served their FRCP (26) Second Supplemental Disclosures consisting of over 1,722 documents on April 29, 2020. 19 • County Defendants propounded written discovery on Plaintiffs and their response thereto 20 is due on May 21,2020. 21 • 22 23 Plaintiffs propounded written discovery on Defendant Richard Whitley on April 10, 2020 and his response thereto is due on May 10, 2020 (Saturday). • 24 25 On April 24, 2020, Plaintiffs issued seven notices of depositions to various Clark County employees (four of whom are not parties) to be taken beginning on June 22, 2020. 26 27 28 /// /// PAGE 4 OF 8 Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 5 of 8 1 DISCOVERY TO BE COMPLETED AND REASONS FOR STAY OF DISCOVERY: 2 3 Discovery to be completed includes: • Depositions of Defendants; • Depositions of Fact Witnesses; 6 • Depositions of Plaintiffs; 7 • Depositions of Treaters; • Disclosure of Experts; • Depositions of Experts; 11 • Plaintiffs Responses to County Defendants’ written discovery; 12 • Defendant Richard Whitley’s Responses to Plaintiffs’ written discovery; 13 • Additional written discovery and depositions as the Parties deem necessary. 4 5 8 9 Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 10 14 15 While, generally, discovery is not stayed due to a pending dispositive motion, and the 16 parties have been engaging in written discovery and issuing Rule 26 disclosures, the parties 17 believe that the case facts and three pending Defendants’ Motions that seek a wholesale 18 dismissal of the FAC and, more importantly, Plaintiffs’ Motion to file a Second Amended 19 Complaint, along with the current COVID-19 world pandemic issues, make it appropriate to 20 21 enter a limited stay of certain discovery consistent with Rule 1 – which provides that the 22 Federal Rules “should be construed, administered, and employed by the court and the 23 parties to secure the just, speedy, and inexpensive determination of every action and 24 proceeding.” Plaintiffs noticed seven depositions of County Defendants’ employees. This 25 case involves the death of a child, and it is important that any and all depositions be taken in 26 27 28 person. However, that poses health risks to all. On March 31, 2020, Governor Sisolak issued Nevada’s Stay At Home Order, including regarding minimizing contact with others, which was PAGE 5 OF 8 Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 6 of 8 1 recently extended. This Court has issued its own orders relating thereto. See, e.g., General 2 Orders 2020-04 and 2020-05. Some Clark County employees are working remotely. Given all 3 of the above, it is not possible to conduct in-person depositions given the related health risks 4 5 and employment issues. As such, it is not appropriate to proceed with the seven depositions, 6 including because it would cause an undue and unnecessary burden, health risk and expense 7 upon the parties and third persons that have to undergo the depositions that they might not 8 otherwise have to undergo, and/or that might be limited in scope and subject depending on the 9 Court’s determination of the Motions, including Plaintiffs’ motion for leave to amend a Second 10 11 Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 12 13 14 Amended Complaint. The four sets of parties and third persons should not be unduly burdened, take health risks and/or unnecessarily bear the related expenses. The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested stay. The parties agree that, pending this Court’s approval, stay of discovery proceedings are 15 appropriate, given the issues raised by the pending Motions to Dismiss and Plaintiffs’ Motion to 16 17 file a Second Amended Complaint. The FAC could be dismissed in its entirety or in part, and/or 18 with or without leave to amend. As such, the exact scope of the claims, if any remain, against 19 which Defendants, and/or what discovery should be allowed regarding them is unknown. 20 Requiring the parties to engage in deposition discovery given all of the above when the scope of 21 the claims and parties is unknown, and might or will be dismissed in toto or in part would 22 23 unnecessarily burden the parties and third persons and cause the parties to incur unnecessary 24 attorneys’ fees and costs. In addition, the parties should only be allowed to take one deposition 25 of the each party and/or third person. If that discovery has to be done now and a party (Plaintiff 26 or Defendant(s)) is dismissed, the scope of the claims changes and/or there is a Second 27 Amended Complaint – that might require a second deposition which would be unduly 28 PAGE 6 OF 8 Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 7 of 8 1 burdensome to that party and/or third person. Accordingly, the Parties have agreed upon staying 2 discovery in this litigation except for written discovery, subpoenas and requests of that nature. 3 In other words, the parties have agreed to stay depositions, expert disclosures, and all deadlines 4 5 coming thereafter until the Motions are decided – but written discovery, and the like may 6 proceed. Upon a determination of the Motions and once the exact pleading is known (FAC or 7 Second Amended Complaint) the Parties will submit a revised proposed stipulated amended 8 Discovery Schedule. 9 In addition, the parties shall only be allowed to depose the named defendants and third10 Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 11 parties once in their individual capacities. However, should any named defendant or third-party 12 previously deposed be designated as a deponent for the purposes of an FRCP 30(b)(6) 13 deposition, said individual may be deposed again in their FRCP 30(b)(6) capacity, only, if that 14 issue arises. 15 If this stay is granted, all anticipated additional discovery will proceed after the Motions 16 17 and pleading issues are decided. The Parties aver that this request for stay of discovery is made 18 by the Parties in good faith and not for purpose of delay. 19 DATED this 5th day of May, 2020. DATED this 5th day of May, 2020. 20 21 22 23 24 25 26 /s/ Samantha A. Martin, Esq. Samantha A. Martin, Esq. Nevada Bar No. 12998 RICHARD HARRIS LAW FIRM 801 South Fourth Street Las Vegas, Nevada 89101 Attorneys for Plaintiff /s/ Felicia Galati, Esq. Felicia Galati, Esq. Nevada Bar No. 7341 OLSON CANNON GORMLEY & STOBERSKI 9950 W. Cheyenne Ave. Las Vegas, Nevada 89129 Attorneys for Defendants CLARK COUNTY, GLORIA MALDONADO, AUDRA GUITIERREZ/GUERRO, YOLANDA KING and TIM BURCH 27 28 PAGE 7 OF 8 Case 2:19-cv-01394-GMN-VCF Document 62 Filed 05/05/20 Page 8 of 8 1 DATED this 5th day of May, 2020. DATED this 5th day of May, 2020. /s/ Brandon Trout, Esq. Brandon Trout, Esq. Nevada Bar No. 13411 THE SIEGEL GROUP NEVADA, INC. 3790 Paradise Road, Suite 250 Las Vegas, Nevada 89169 Attorneys for Defendant TROPICANA DE, LLC /s/ Linda Anderson, Esq. Linda Anderson, Esq. Nevada Bar No. 4090 Deputy Attorney General Office of the Nevada Attorney General 555 E. Washington Ave., Suite 3900 Las Vegas, Nevada 89101 Attorneys for Defendant RICHARD WHITLEY 2 3 4 5 6 7 8 9 10 IT IS SO ORDERED. Dated this 5th day of May, 2020. 11 Law Offices of OLSON CANNON GORMLEY & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Fax (702) 383-0701 12 13 _____________________________ Cam Ferenbach United States Magistrate Judge 14 15 16 IT IS HEREBY ORDERED that a status hearing is scheduled for 11:00 AM, November 16, 2020, in Courtroom 3D. 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 8 OF 8
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