Green v. Las Vegas Metropolitan Police Department et al, No. 2:2020cv00769 - Document 33 (D. Nev. 2020)
Court Description: SCHEDULING ORDER granting 32 Amended Discovery Plan and Scheduling Order; Discovery due by 2/8/2021. Motions due by 3/9/2021. Proposed Joint Pretrial Order due by 4/8/2021. Signed by Magistrate Judge Daniel J. Albregts on 8/25/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Green v. Las Vegas Metropolitan Police Department et al Doc. 33 Case 2:20-cv-00769-KJD-DJA Document 33 32 Filed 08/25/20 08/24/20 Page 1 of 6 1 2 3 4 Peter Goldstein [SBN 6992] PETER GOLDSTEIN LAW CORP peter@petergoldsteinlaw.com 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 474-6400 Facsimile: (888) 400-8799 5 6 7 8 Malcolm P. LaVergne [SBN 10121] mlavergne@lavergnelaw.com 400 South 4th Street, Suite 500 Las Vegas, Nevada 89101 Telephone: (702)448-7981 Facsimile: (702)966-3117 9 10 Attorney for Plaintiff KEYHERRA GREEN 11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 14 KEYHERRA GREEN, Case No. Plaintiff, 15 AMENDED DISCOVERY PLAN AND SCHEDULING ORDER 16 vs. 17 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada and the County of Clark and operating CLARK COUNTY DETENTION CENTER (CCDC); NAPHCARE, INC., as foreign corporation, doing busines in the State of Nevada and is the Medical Care Provider for the CCDC; FRED MERRICK; LORA CODY; and DOES 1-10, inclusive, 18 19 20 21 22 2:20-cv-00769-KJD-DJA Defendants. 23 24 25 26 AMENDED DISCOVERY PLAN AND SCHEDULING ORDER 1. Meeting: Pursuant to FRCP 26(f) and LR 26-1(a), a telephonic meeting was held on 27 August 13, 2020 and was attended by: Peter Goldstein, Esq. for Plaintiff; Katherine 28 Gordon, Esq., Attorney for Defendant Naphcare, Inc. Previously, Plaintiff’s counsel, 1 Dockets.Justia.com Case 2:20-cv-00769-KJD-DJA Document 33 32 Filed 08/25/20 08/24/20 Page 2 of 6 1 Peter Goldstein, Esq. and Lyssa S. Anderson, Esq. for Defendants Las Vegas 2 Metropolitan Police Department, Fred Merrick, Lora Cody, met and conferred on July 3 28, 2020. The Court entered a Discovery Plan and Scheduling Order pursuant thereto 4 on August 7, 2020, a true and correct copy of which is attached hereto (Doc. 24). 5 The parties will exchange the initial disclosures within 14 days of the Rule 26-1 6 Conference in accordance with Rule 26(a)(C). 7 8 2. Discovery Plan: The parties jointly propose the following discovery plan: (a) 9 claims set forth in the Amended Complaint, as well as the defenses relevant to 10 11 Subject of Discovery: Discovery will be needed in the following subject: All the action. (b) Discovery Cut-off Dates: The parties believe it is too early in the case to have 12 a meaningful settlement discussion. Due to logistical and procedural issues 13 with COVID-19 pandemic, the parties request 180 days from the date of 14 Defendants’ Answer to the Amended Complaint (Filed on July 22, 2020) 15 which is due on August 11, 2020 (or 20 days from date of filing Amended 16 Complaint), rather than the date the first defendant appeared, which was June 17 2, 2020. Therefore, the discovery cut-off date will be February 8, 2021. 18 (c) Disclosure of Experts: Disclosure of experts shall proceed according to FRCP 19 26(a)(2), except that: 20 (1) 21 the disclosure of experts and expert reports shall occur on December 9, 2020, which is sixty (60) days before the discovery cut-off date; and 22 (2) the disclosure of rebuttal experts and their reports shall occur on 23 January 8, 2021, which is thirty (30) days before the discovery cut-off 24 date. 25 (d) Alternative Dispute Resolution and Case Disposition: Pursuant to LR 26- 26 1(b)(8) and FRCP 73, the parties discussed trial by a magistrate judge and the 27 possibility of alternative dispute resolutions and the Short Trial Program; the 28 2 Case 2:20-cv-00769-KJD-DJA Document 33 32 Filed 08/25/20 08/24/20 Page 3 of 6 1 Plaintiff and the Defendants do not agree that any of the foregoing are 2 appropriate for this case. 3 (e) FRCP 26-1(b)(9) – Electronic Evidence: The parties certify that they have 4 discussed whether they intend to present evidence in electronic format to 5 jurors for the purposes of jury deliberation. Although not known at this time 6 which exhibits will be electronically presented, the parties stipulate that they 7 will provide discovery in an electronic format compatible with the Court’s 8 electronic jury evidence display system. The parties stipulate that they will 9 contact the courtroom administrator for instructions about how to prepare 10 evidence in an electronic format and other requirements for the Court’s 11 electronic jury evidence system. 12 13 3. Other Items (a) Amending the Pleadings and Adding Parties. The parties have until 14 November 9, 2020 to file a motion to amend the pleadings or to add parties. 15 This is ninety (90) days before the discovery cut-off date and does not extend 16 the outside limit LR 26-1(e)(2) presumptively sets for ninety (90) days before 17 the discovery cut-off date of filing such motions. 18 (b) Interrogatories and Depositions: The parties agree to the customary total 19 number of interrogatories of 25 per party; the parties may agree to more 20 interrogatories by mutual agreement or application to the Court. The parties 21 also agree to no more than ten (10) depositions by Plaintiff and no more than 22 ten (10) depositions by Defendants as provided in Rule 30(a)(2)(A)(i). 23 However, the parties may agree to more depositions by mutual agreement or 24 application to Court. 25 (c) Dispositive Motions: The parties shall have until March 9, 2021 to file 26 dispositive motions. This is thirty (30) days after the discovery cut-off date 27 and does not exceed the outside limit of thirty (30) days following the 28 3 Case 2:20-cv-00769-KJD-DJA Document 33 32 Filed 08/25/20 08/24/20 Page 4 of 6 1 discovery cut-off date that LR 26-1(e)(4) presumptively sets for filing 2 dispositive motions. 3 (d) Settlement: The parties have initially addressed the issue of settlement and 4 agree to continue to enter into meaningful negotiations prior to and during the 5 discovery phase of this litigation but both sides require exchange of initial 6 disclosures to properly assess their respective cases and defenses. 7 (e) The Pretrial Order: The pretrial order shall be filed by April 8, 2021 which is 8 not more than thirty (30) days after the date set for filing dispositive motions 9 in this case. This deadline is suspended if the dispositive motion is timely 10 filed. The disclosures required by FRCP 26(a)(3) shall be made in the joint 11 pretrial order. 12 (f) 13 Court Conference: The parties do not request a conference with the court before the entry of the scheduling order. 14 (g) Later Appearing Parties: A copy of the discovery plan and scheduling order 15 shall be served on any person served after it is entered, or, if an additional 16 defendant should appear within five days of their first appearance. This 17 discovery plan scheduling order shall apply to such later appearing parties, 18 unless the Court on motion for good cause shown, orders otherwise. 19 (h) Extension or Modification of the Discovery Plan and Scheduling Order: LR 20 26-3 governs modifications or extensions of this discovery plan scheduling 21 order. Any stipulation or motion must be made not later than twenty-one (21) 22 days before the subject deadline date and comply fully with LR 26-3. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 4 Case 2:20-cv-00769-KJD-DJA Document 33 32 Filed 08/25/20 08/24/20 Page 5 of 6 1 Activity Date 2 Amend Pleadings November 9, 2020 3 Expert Disclosures December 9, 2020 4 Rebuttal Expert Disclosures January 8, 2021 5 Discovery Cut-Off Date February 8, 2021 6 Dispositive Motions March 9, 2021 7 Pretrial Order April 8, 2021 8 9 DATED: August 24, 2020 10 11 12 13 14 15 16 LEWIS BRISBOIS PETER GOLDSTEIN LAW CORP By:/s/ Katherine Gordon Katherine Gordon, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 South Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant Naphcare, Inc. By: /s/ Peter Goldstein Peter Goldstein (SBN 6992) 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Attorneys for Plaintiff Keyherra Green 17 18 19 20 21 22 KAEMPFER CROWELL By:/s/ Lyssa S. Anderson Lyssa S. Anderson, Esq. 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Attorneys for Defendants Las Vegas Metropolitan Police Department, Fred Merrick and Lora Cody 23 ORDER 24 25 26 IT IS SO ORDERED DATED dayofof____________, August, 2020.2020. DATED this this 25th ___ day 27 28 UNITED STATES MAGISTRATE JUDGE 5 Case 2:20-cv-00769-KJD-DJA Document 33 32 Filed 08/25/20 08/24/20 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I am employed in the County of Clark, State of Nevada. I am over the age of eighteen years 3 and not a party to the within action; my business address is 10161 Park Run Drive, Suite 150, Las 4 Vegas, Nevada 89145. 5 I hereby certify that on this 24th day of August, 2020, a true and correct copy of the following 6 document AMENDED DISCOVERY PLAN AND SCHEDULING ORDER [SPECIAL 7 SCHEDULING REVIEW REQUESTED] was served by electronically filing with the Court’s 8 CM/ECF electronic filing system to the following parties: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Lyssa S. Anderson, Esq. Ryan W. Daniels, Esq. KAEMPFER CROWELL 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 Facsimile: (702) 796-7181 Email: landerson@kcnvlaw.com rdaniels@kcnvlaw.com Attorneys for Defendants Las Vegas Metropolitan Police Department, Fred Merrick and Lora Cody S. Brent Vogel, Esq. Katherine J. Gordon, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 South Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Telephone: (702) 893-3383 Facsimile: (702) 893-3789 Email: brent.vogel@lewisbrisbois.com Katherine.gordon@lewisbrisbois.com Attorneys for Defendant Naphcare, Inc. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 24 25 By: An Employee of Peter Goldstein Law Corp 26 27 28 6
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