Farah v. Las Vegas Metro Police Department et al, No. 2:2020cv00604 - Document 40 (D. Nev. 2020)

Court Description: ORDER granting 39 Stipulation to Extend Discovery Deadlines. Discovery due by 6/26/2021. Motions due by 7/27/2021. Proposed Joint Pretrial Order due by 8/26/2021. Signed by Magistrate Judge Cam Ferenbach on 11/23/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Farah v. Las Vegas Metro Police Department et al Doc. 40 Case 2:20-cv-00604-RFB-VCF Document 40 Filed 11/23/20 Page 1 of 8 1 2 3 4 5 6 7 8 Paul A. Cardinale, SBN 8394 LAURIA TOKUNAGA GATES & LINN, LLP 1755 Creekside Oaks Drive, Suite 240 Sacramento, CA 95833 Tel: (916) 492-2000 Fax: (916) 492-2500 pcardinale@ltglaw.net Southern Nevada Office: 601 South Seventh Street Las Vegas, NV 89101 Tel: (702) 387-8633 Fax: (702) 387-8635 9 10 Attorneys for Defendants KIM SOFFE, COLLIN PETRIELIUS and NAPHCARE, INC. 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 CRAIG FARAH, Personal Representative of the 15 ESTATE OF NICHOLAS FARAH, 16 17 Plaintiffs, vs. CASE NO.: 2:20-cv-00604-RFB-VCF STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND EXPERT DISCLOSURE DATES 18 ` 19 LAS VEGAS METROPOLITAN POLICE DEPARTMENT; RICHARD NEWMAN: 20 SAMUEL MENDOZA; AARON MOSELY; 21 JEREMEY STEWART; CHRISTY SNAPP; GABRIEL VILLANUEVA; KIM SOFFE; COLLIN 22 PETRIELIUS and NAPHCARE, INC. 23 Defendants. 24 25 /// 26 /// 27 /// 28 /// 1 STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND EXPERT DISCLOSURE DATES (FIRST REQUEST) Dockets.Justia.com Case 2:20-cv-00604-RFB-VCF Document 40 Filed 11/23/20 Page 2 of 8 1 STIPULATION TO EXTEND SCHEDULED DEADLINES 2 (FIRST REQUEST) 3 Pursuant to LR7-1 and LR 26-3, the parties, by and through their respective counsel of record, 4 hereby stipulate and request this Court extend the Discovery Deadlines in the above captioned case for 5 one hundred twenty (120) days and the Expert Disclosure date be extended to March 29, 2021. In 6 support of this Stipulation and Request, the parties state as follows: 7 A. DISCOVERY COMPLETED TO DATE: 8 1. Plaintiffs’ Initial Disclosures; 9 2. Plaintiffs’ Interrogatories, Request for Production and Request for Admissions to 10 Defendants; 11 3. Defendants’ Initial Disclosures; 12 B. DISCOVERY REMAINING TO BE COMPLETED 13 1. Deposition of Plaintiff; 14 2. Depositions of individually named Defendants; 15 3. Depositions of Plaintiff’s and Decedent’s treating medical providers; 16 4. Initial expert and rebuttal expert disclosures; 17 5. Depositions of additional witnesses (as needed). 18 C. REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES 19 The parties have been diligent in completing discovery. This is a complex case involving the 20 death of a detainee at Clark County Detention Center. There are 10 named defendants and 10 causes 21 of action alleged. Defendant NaphCare, Inc. was only recently served and appeared for the first time 22 on October 29, 2020 when it timely filed its responsive pleading. The parties need additional time to 23 complete additional discovery, including the depositions of Plaintiff, the multiple individually named 24 Defendants and other witnesses prior to the disclosure of experts. This stipulation to extend deadlines 25 is made in good faith without any intent to delay this matter. 26 /// 27 /// 28 /// 2 STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND EXPERT DISCLOSURE DATES (FIRST REQUEST) Case 2:20-cv-00604-RFB-VCF Document 40 Filed 11/23/20 Page 3 of 8 1 D. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 2 1. Close of Discovery shall be extended from Friday, February 26, 2021 to Monday, June 3 28, 2021. 4 2. The deadline to file Motions to Amend the Pleadings or to Add Parties shall be extended 5 from Monday, November 30, 2020 to Tuesday, March 30, 2021. 6 3. The deadline for Initial Expert Disclosures, in accordance with Fed.R.Civ.P 26(a)(2) 7 and LR 26-1(e)(3), shall be extended from Monday, December 28, 2020 to Tuesday, 8 April 27, 2021. 9 4. The deadline for Rebuttal Expert Disclosures shall be extended from Wednesday, 10 January 27, 2020 to Thursday, May 21, 2021. 11 5. The deadline for filing Dispositive Motions shall be extended from Monday, March 29, 12 2021 to Tuesday, July 27, 2021. 13 6. The deadline for the Joint Pre-Trial Order shall be extended from Wednesday, April 28, 14 2020 to Thursday, August 26, 2021. This deadline will be suspended if dispositive 15 motions are timely filed, until 30 days after the decision of the dispositive motions or 16 until further order of the Court. 17 E. GOOD CAUSE FOR MAKING REQUEST WITHIN 21 DAYS OF DEADLINE 18 The parties understand that this Request for the Extension of Scheduled Deadlines is being made 19 within 21 days of the deadline to file Motions to Amend the Pleadings or to Add Parties currently set 20 for November 30, 2020. Good cause exists for making this request at this time as Defendant NaphCare, 21 Inc. appeared in this case for the first time on October 29, 2020. Defendant NaphCare, Inc. did not 22 participate in the Rule 26(f) conference and did not agree to the current discovery deadlines. Once 23 counsel for Defendant NaphCare, Inc. learned of the current discovery deadlines it immediately 24 prepared the instant Stipulation and Order and sent it to other counsel for approval. 25 /// 26 /// 27 /// 28 /// 3 STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND EXPERT DISCLOSURE DATES (FIRST REQUEST) Case 2:20-cv-00604-RFB-VCF Document 40 Filed 11/23/20 Page 4 of 8 1 DATED this 23rd day of November 2020 DATED this 23rd day of November, 2020 2 LOEVY & LOEVY LAURIA TOKUNAGA GATES & LINN, LLP 3 /s/ Sarah Grady, Esq. SARAH GRADY, ESQ. 311 N. Aberdeen Street, 3rd Floor Chicago, IL 60607 Attorneys for Plaintiff, Craig Farah, personal representative of The Estate of Nicolas Farah /s/ Paul A. Cardinale, Esq. PAUL A. CARDINALE, ESQ. – Bar No. 8394 1755 Creekside Oaks Drive, Suite #240 Sacramento, CA 95833 Southern Nevada Office: 601 South Seventh Street Las Vegas, Nevada 89101 Attorneys for Defendants Kim Soffe, Collin Petrielius and NaphCare, INC. 4 5 6 7 8 9 Dated this 23rd day of November, 2020 10 MARQUIS AURBACH COFFING 11 /s/ Craig R. Anderson, Esq. CRAIG R. ANDERSON, ESQ. – Bar No. 6882 100001 Park Run Drive Las Vegas, NV 89145 Attorneys for Las Vegas Metro Police Department; Richard Newman: Samuel Mendoza; Aaron Mosely; Jeremey Stewart; Christy Snapp; Gabriel Villanueva 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED that the instant Stipulation to Extend Discovery and Expert Disclosures Dates is GRANTED and the discovery deadlines shall be amended as follows: Close of Discovery: June 26, 2021 Last Day to Amend Pleadings and Add Parties: March 30, 2021 Initial Expert Designation: April 27, 2021 Rebuttal Expert Designation: May 21, 2021 Last Day for Dispositive Motions: July 27, 2021 Joint Pre-Trial Order August 26, 2021 If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. ___________________________________ _ UNITED STATES MAGISTRATE JUDGE 11-23-2020 DATED: ___________________________ 4 STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND EXPERT DISCLOSURE DATES (FIRST REQUEST) Case 2:20-cv-00604-RFB-VCF Document 40 39 Filed 11/23/20 Page 5 of 8 Cheyenne Allmaras From: Sent: To: Subject: Paul A. Cardinale Monday, November 23, 2020 1:53 PM Cheyenne Allmaras FW: Farah--Stip and Order to Extend Deadlines Paul A. Cardi ale Norther Ne ada: LAURIA TOKUNAGA GATES & LINN, LLP Creekside Oaks Dri e, Suite Sa ra e to, CA Tel: Fa : E ail: p ardi ale@ltgla . et Fourtee th Gree Dri e, I li e Village, NV Tel: Fa : Souther Ne ada: South Se e th Street, Las Vegas, NV Tel: Fa : CONFIDENTIALITY STATEMENT: THIS E MAIL AND ANY ATTACHMENTS ARE INTENDED SOLELY FOR THE NAMED RECIPIENT(S) AND MAY CONTAIN INFORMATION THAT IS (I) PROPRIETARY TO THE SENDER, AND/OR, (II) PRIVILEGED, CONFIDENTIAL, AND/OR OTHERWISE EXEMPT FROM DISCLOSURE UNDER APPLICABLE STATE AND FEDERAL LAW, INCLUDING, BUT NOT LIMITED TO, PRIVACY STANDARDS IMPOSED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"). IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY REPLY E MAIL OR BY TELEPHONE AT (916) 492 2000, AND DESTROY THE ORIGINAL TRANSMISSION AND ITS ATTACHMENTS WITHOUT READING OR SAVING THEM TO DISK. THANK YOU. Fro : Sarah Grad <sarah@loe . o > Se t: Mo da , No e er , : PM To: Paul A. Cardi ale <p ardi ale@ltgla . et> C : Craig A derso < a derso @ a la . o >; Liesa M. Costa <l osta@ltgla . et>; Da id B. O e s <da id@loe . o >; Sherri Mo g <SMo g@ a la . o >; Leah Dell <LDell@ a la . o > Su je t: Re: Farah Stip a d Order to E te d Deadli es This is fi e ith e. Tha ks. Sarah C. Grady LOEVY & LOEVY 311 North Aberdeen, 3rd Floor Chicago, Illinois 60607 Phone: 312.243.5900 Email: sarah@loevy.com Pronouns: she/her O Mo , No , at : PM Paul A. Cardi ale <p ardi ale@ltgla . et> rote: 1 Case 2:20-cv-00604-RFB-VCF Document 40 39 Filed 11/23/20 Page 6 of 8 Tha ks Craig. Sarah are ou a le to let e k o toda if I a affi our sig ature o this stipulatio to o ti ue? Tha k ou, Paul A. Cardi ale LAURIA TOKUNAGA GATES & LINN, LLP Creekside Oaks Dri e, Suite Sa ra e to, CA Tel: Fa : E ail: p ardi ale@ltgla . et Norther Ne ada: Tel: Souther Ne ada: Fourtee th Gree Dri e, I li e Village, NV Fa : South Se e th Street, Las Vegas, NV Tel: Fa : CONFIDENTIALITY STATEMENT: THIS E MAIL AND ANY ATTACHMENTS ARE INTENDED SOLELY FOR THE NAMED RECIPIENT(S) AND MAY CONTAIN INFORMATION THAT IS (I) PROPRIETARY TO THE SENDER, AND/OR, (II) PRIVILEGED, CONFIDENTIAL, AND/OR OTHERWISE EXEMPT FROM DISCLOSURE UNDER APPLICABLE STATE AND FEDERAL LAW, INCLUDING, BUT NOT LIMITED TO, PRIVACY STANDARDS IMPOSED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"). IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY REPLY E MAIL OR BY TELEPHONE AT (916) 492 2000, AND DESTROY THE ORIGINAL TRANSMISSION AND ITS ATTACHMENTS WITHOUT READING OR SAVING THEM TO DISK. THANK YOU. Fro : Craig A derso < a derso @ a la . o > Se t: Frida , No e er , : PM To: Paul A. Cardi ale <p ardi ale@ltgla . et>; Sarah Grad <sarah@loe . o > C : Liesa M. Costa <l osta@ltgla . et>; Da id B. O e s <da id@loe . o >; Sherri Mo g <SMo g@ a la . o >; 2 Case 2:20-cv-00604-RFB-VCF Document 40 39 Filed 11/23/20 Page 7 of 8 Leah Dell <LDell@ a la . o > Su je t: RE: Farah Stip a d Order to E te d Deadli es I’ good ith this. You a use sig ature. Craig R. Anderson, Esq. 10001 Park Run Drive Las Vegas, NV 89145 t | 702.942.2136 f | 702.382.5816 canderson@maclaw.com | vcard a la . o Ple a se conside r t he e nvir onm e nt be for e pr in t in g t h is e - m a il! DO NOT read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication contains confidential and/or privileged information intended only for the addressee. If you have received this communication in error, please call us (collect) immediately at (702) 382-0711 and ask to speak to the sender of the communication. Also please e-mail the sender and notify the sender immediately that you have received the communication in error. Thank you. Marquis Aurbach Coffing - Attorneys at Law Fro : Paul A. Cardi ale <p ardi ale@ltgla . et> Se t: Frida , No e er , : PM To: Sarah Grad <sarah@loe . o >; Craig A derso < a derso @ a la . o > C : Liesa M. Costa <l osta@ltgla . et>; Da id B. O e s <da id@loe . o >; Sherri Mo g <SMo g@ a la . o >; Leah Dell <LDell@ a la . o > Su je t: [E ter al] Farah Stip a d Order to E te d Deadli es I porta e: High 3 Case 2:20-cv-00604-RFB-VCF Document 40 39 Filed 11/23/20 Page 8 of 8 Sarah a d Craig: I ha e atta hed the Proposed Stip a d Order to e te d deadli es i this ase. Please let e k o if ou appro e it as soo as ou are a le. I a hopi g to su it it to the Court o Mo da si e the urre t deadli e to A e d Pleadi gs a d Add Parties is No e er . If e su it the S&O after that date, I/ e ha e to sho e usa le egle t as to h the S&O as ot su itted efore the deadli e. Tha k ou, Paul A. Cardi ale LAURIA TOKUNAGA GATES & LINN, LLP Creekside Oaks Dri e, Suite Sa ra e to, CA Tel: Fa : E ail: p ardi ale@ltgla . et Norther Ne ada: Tel: Souther Ne ada: Fourtee th Gree Dri e, I li e Village, NV Fa : South Se e th Street, Las Vegas, NV Tel: Fa : CONFIDENTIALITY STATEMENT: THIS E MAIL AND ANY ATTACHMENTS ARE INTENDED SOLELY FOR THE NAMED RECIPIENT(S) AND MAY CONTAIN INFORMATION THAT IS (I) PROPRIETARY TO THE SENDER, AND/OR, (II) PRIVILEGED, CONFIDENTIAL, AND/OR OTHERWISE EXEMPT FROM DISCLOSURE UNDER APPLICABLE STATE AND FEDERAL LAW, INCLUDING, BUT NOT LIMITED TO, PRIVACY STANDARDS IMPOSED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"). IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY REPLY E MAIL OR BY TELEPHONE AT (916) 492 2000, AND DESTROY THE ORIGINAL TRANSMISSION AND ITS ATTACHMENTS WITHOUT READING OR SAVING THEM TO DISK. THANK YOU. 4

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