Llera v LVMPD, et al, No. 2:2020cv01589 - Document 65 (D. Nev. 2021)
Court Description: ORDER granting 64 Stipulation - Discovery due by 3/18/2022. Motions due by 4/15/2022. Proposed Joint Pretrial Order due by 5/18/2022. Signed by Magistrate Judge Brenda Weksler on 12/21/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Llera v LVMPD, et al Doc. 65 1 Marquis Aurbach Coffing Craig R. Anderson, Esq. 2 Nevada Bar No. 6882 10001 Park Run Drive 3 Las Vegas, Nevada 89145 Telephone: (702) 382-0711 4 Facsimile: (702) 382-5816 canderson@maclaw.com 5 Attorneys for Defendants LVMPD, Ofc. Fryman, Ofc. Emerton, Ofc. Ferguson and Ofc. Locher 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 JEANNE LLERA and JORGE L. GOMEZ, Case Number: 9 as the appointed co-special administrators of 2:20-cv-01589-RFB-BNW the estate of JORGE A. GOMEZ; JEANNE 10 LLERA and JORGE L. GOMEZ, STIPULATION AND ORDER TO 11 EXTEND DISCOVERY Plaintiffs, 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING Case 2:20-cv-01589-RFB-BNW Document 65 64 Filed 12/21/21 12/20/21 Page 1 of 7 12 vs. (SIXTH REQUEST) 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT; RYAN FRYMAN; DAN 14 EMERTON; VERNON FERGUSON; ANDREW LOCHER; JOHN SQUEO and 15 DOES 2-10, inclusive, 16 Defendants. 17 Pursuant to LR 6-1 and LR 26-4, Plaintiffs, by and through their counsel of record, 18 Eric Valenzuela, Esq., of Law Offices of Dale K. Galipo; Defendants LVMPD, Ofc. Fryman, 19 Ofc. Emerton, Ofc. Ferguson and Ofc. Locher (“LVMPD Defendants”), by and through their 20 counsel of record, Craig R. Anderson, Esq., of Marquis Aurbach; and Defendant Officer John 21 Squeo (“Defendant Squeo”), by and through his counsel of record, Daniel R. McNutt, Esq. of 22 McNutt Law Firm, P.C., hereby stipulate and request that this Court extend discovery 23 deadlines in the above-captioned matter sixty (60) days, up to and including April 15, 2022. 24 In support of this stipulation and request, the parties state as follows: 25 I. PROCEDURAL HISTORY 26 1. On August 29, 2020, the Plaintiffs filed their Complaint. ECF No. 1. 27 28 Page 1 of 7 MAC:14687-283 4569333_1 12/20/2021 8:08 AM Dockets.Justia.com Case 2:20-cv-01589-RFB-BNW Document 65 64 Filed 12/21/21 12/20/21 Page 2 of 7 1 2. On October 1, 2020, the LVMPD Defendants filed their Answer to Plaintiffs’ 2 Complaint. ECF No. 11. 3 3. On November 20, 2020, this Court entered the Discovery Plan and Scheduling 4 Order. ECF No. 14. 5 4. On February 17, 2021, Plaintiffs filed their First Amended Complaint in this 6 matter. ECF No. 21. The First Amended Complaint named a new defendant – John Squeo. 7 5. On March 3, 2021, Defendants LVMPD, Fryman, Emerton, Ferguson and 8 Locher filed their Answer to Plaintiffs’ First Amended Complaint. ECF No. 25. 9 6. On March 17, 2021, new Defendant John Squeo filed his Answer to Plaintiffs’ 11 this Answer marked his first appearance in this litigation. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 First Amended Complaint. ECF No. 29. Defendant Squeo is represented by new counsel and 12 II. DISCOVERY COMPLETED TO DATE 13 1. The original parties participated in the FRCP 26 conference on November 13, 14 2020. Defendant Squeo did not participate as he was not named a defendant. 15 2. The parties agreed to stipulate to extend the time to serve Rule 26 disclosures 16 until after LVMPD had completed its internal criminal investigation into the subject event and 17 released its internal documents to defense counsel. 18 3. On November 20, 2020, the Court entered the Discovery Plan and Scheduling 19 Order. ECF No. 14. 20 4. On January 5, 2021, the Plaintiffs served their Initial Disclosures of Witnesses 21 and Documents pursuant to FRCP 26. 22 5. On January 5, 2021, the LVMPD Defendants served their Initial Disclosures 23 of Witnesses and Documents pursuant to FRCP 26. 24 6. On January 5, 2021, the LVMPD Defendants served written discovery on all 25 named Plaintiffs. 26 7. On January 6, 2021, the Plaintiffs served requests for production of documents 27 on Defendant LVMPD. 28 Page 2 of 7 MAC:14687-283 4569333_1 12/20/2021 8:08 AM Case 2:20-cv-01589-RFB-BNW Document 65 64 Filed 12/21/21 12/20/21 Page 3 of 7 1 8. On February 1, 2021, the LVMPD Defendants served their first supplemental 2 disclosure. 3 9. On March 5, 2021, Plaintiffs served their responses to the LVMPD 4 Defendants’ discovery requests. 5 10. On March 15, 2021, LVMPD served their individual responses to Plaintiffs’ 6 written discovery. 7 11. On March 15, 2021 LVMPD served their second supplemental disclosure. 8 12. On March 17, 2021, John Squeo served a demand for all prior discovery 9 exchanged. 13. On March 29, 2021, Plaintiffs served requests for production of documents on 11 Defendant Squeo. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 12 14. On March 30, 2021, Defendant Squeo provided his initial disclosures. 13 15. In April 2021, plaintiffs took the depositions of LVMPD witness officers 14 Connell, Luoto, Velasco, Oniate, Johnson, Perez, and Borggard. 15 16. In April and May 2021, plaintiffs took the depositions of LVMPD defendant 16 officers Locher, Ferguson, Squeo and Fryman. 17 17. On April 7, 2021, Defendant Squeo provided his first supplemental disclosure. 18 18. On April 14, 2021, Defendant Squeo served written discovery on Plaintiffs. 19 19. On April 19, 2021, Defendant Squeo provided his second supplemental 20 disclosure. 21 20. On April 28, 2021, Defendant Squeo responded to Plaintiffs’ written 22 discovery. 23 21. On April 29, 2021, the LVMPD Defendants served their third supplemental 24 disclosure. 25 22. On May 6, 2021, the LVMPD Defendants served their fourth supplemental 26 disclosure. 27 23. On May 18 and 19, 2021, Plaintiffs responded to Defendant Squeo’s written 28 discovery. Page 3 of 7 MAC:14687-283 4569333_1 12/20/2021 8:08 AM Case 2:20-cv-01589-RFB-BNW Document 65 64 Filed 12/21/21 12/20/21 Page 4 of 7 1 24. On May 26, 2021, the LVMPD Defendants served their fifth supplemental 2 disclosure. 3 25. In June and July, 2021, Defendants took the depositions of all named plaintiffs. 4 26. On June 2, 2021, Plaintiffs responded to LVMPD Defendants’ written 5 discovery. 6 27. On June 28, 2021, the LVMPD Defendants served their sixth supplemental 7 disclosure. 8 28. On June 29, 2021, Plaintiffs responded to Defendant Squeo’s written 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 9 discovery. 10 29. On July 12, 2021, Defendant Squeo provided his third supplemental disclosure. 11 30. On July 14, 2021, Defendant Squeo served written discovery on Plaintiffs. 12 31. On August 10, 2021, the LVMPD Defendants served their seventh 13 supplemental disclosure. 14 32. On August 11, 2021, Plaintiffs responded to Defendant Squeo’ written 15 discovery. 16 33. On August 12, 2021, Plaintiffs served written discovery on Defendant 17 LVMPD. 18 34. On August 12, 2021, Plaintiffs responded to Defendant Squeo’s written 19 discovery. 20 35. On August 16, 2021, LVMPD responded to Plaintiffs’ written discovery. 21 36. On August 31, 2021, the LVMPD Defendants and Defendant Squeo served 22 their joint expert disclosure. 23 37. On August 31, 2021, the Plaintiffs served their expert disclosure. 24 38. On November 5, 2021, the Plaintiffs served their First Supplemental 25 Disclosure. 26 39. On November 10, 2021, the LVMPD Defendants served their Eighth 27 Supplemental Disclosure. 28 Page 4 of 7 MAC:14687-283 4569333_1 12/20/2021 8:08 AM Case 2:20-cv-01589-RFB-BNW Document 65 64 Filed 12/21/21 12/20/21 Page 5 of 7 1 40. On November 15, 2021, the LVMPD Defendants served their Ninth 2 Supplemental Disclosure. 3 41. On November 24, 2021, Defendant Squeo served his Fourth Supplemental 4 Disclosure. 5 42. On December 13, 2021, Defendant Squeo served his Fifth Supplemental 6 Disclosure. 7 43. On December 15, 2021, the Plaintiffs served their Rebuttal Expert Disclosure. 8 44. On December 14, 2021, the LVMPD Defendants and Defendant Squeo served 9 their Joint Rebuttal Expert Disclosure. 45. The week of December 13, 2021, Defendant Squeo took the depositions of four 11 (4) LVMPD officers who witnessed portions of the events. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 12 46. On December 16, 2021, the LVMPD Defendants responded to Plaintiff Llera’s 13 Second Set of Requests for Production of Documents. 14 47. All parties have retained expert witnesses in this matter. 15 48. All parties have served numerous subpoenas on various third parties. 16 III. WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 17 This case involves the June 1, 2020, fatal officer involved shooting of Jorge A. Gomez, 18 Jr. The parties have actively litigated his case for the past year. The parties disclosed initial 19 experts and rebuttal expert reports were submitted on December 14, 2021. Plaintiffs recently 20 disclosed two percipient witnesses not previously known to Defendants. 21 The parties have learned that scheduling expert depositions will be difficult prior to 22 the current deadline due to the holidays. In addition, the Defendants just recently learned that 23 it needs to depose two percipient witnesses. 24 IV. REMAINING DISCOVERY 25 1. Plaintiffs need to take the depositions of the Defendants’ police practices 26 expert, medical experts and rebuttal experts. 27 2. Defendants need to take the depositions of the Plaintiffs’ police practices 28 expert, medical expert, and rebuttal experts. Page 5 of 7 MAC:14687-283 4569333_1 12/20/2021 8:08 AM Case 2:20-cv-01589-RFB-BNW Document 65 64 Filed 12/21/21 12/20/21 Page 6 of 7 1 3. Defendants need to depose two percipient witnesses recently disclosed by 2 Plaintiffs. 3 This section does not limit the parties’ ability to conduct other discovery. 4 V. EXTENSION OR MODIFICATION OF THE DISCOVERY PLAN AND SCHEDULING ORDER 5 LR 26-4 governs modifications of extensions of the Discovery Plan and Scheduling 6 Order. Any stipulation or motion must be made no later than twenty-one (21) days before the 7 expiration of the subject deadline, and comply fully with LR 26-4. The parties are submitting 8 this request twenty-one (21) days before the expert deadline disclosure. Therefore, the parties 9 respectfully request that the modification of a scheduling order be granted. The following is 10 Scheduled Event 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING a list of the current discovery deadlines and the parties’ proposed extended deadlines. 11 Current Deadline Proposed Deadline 12 13 14 15 16 Rebuttal Expert Disclosures December 14, 2021 Pursuant to FRCP 26(a)(2) Dispositive Motion February 15, 2022 April 15, 2022 Discovery Cut-Off January 18, 2022 March 18, 2022 Joint Pre-Trial Order March 18, 2022 May 18, 2022 (if dispositive motions are filed the deadline for filing the joint pre-trial order will be suspended until 30 days after a decision on the dispositive motions or further court order) 17 18 Passed 19 20 21 22 23 This request for extensions of time is not sought for any improper purpose or for purposes of delay. Due to firm trial settings and the availability of expert witnesses, it has proven difficult to complete the remaining discovery in the current time period. /// 24 25 /// 26 27 /// 28 Page 6 of 7 MAC:14687-283 4569333_1 12/20/2021 8:08 AM Case 2:20-cv-01589-RFB-BNW Document 65 64 Filed 12/21/21 12/20/21 Page 7 of 7 1 WHEREFORE, the parties respectfully request that this court extend the discovery 2 dates as outlined in accordance with the table above. IT IS SO STIPULATED this 20th day of December, 2021. 3 4 MARQUIS AURBACH COFFING LAW OFFICES OF DALE K. GALIPO 5 By: By: 6 7 s/Craig R. Anderson Craig R. Anderson, Esq. Nevada Bar No. 6882 10001 Park Run Drive Las Vegas, Nevada 89145 Attorney for LVMPD Defendants s/Eric Valenzuela Eric Valenzuela, Esq. CA Bar No. 284500 (Pro Hac Vice) 21800 Burbank Boulevard, Suite 310 Woodland Hills, California 91367 Attorneys for Plaintiffs 8 MCNUTT LAW FIRM 9 By: 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 12 s/Daniel R. McNutt Daniel R. McNutt, Esq. Nevada Bar No. 7815 625 South Eighth Street Las Vegas, Nevada 89101 Attorney for Defendant Squeo 13 14 15 ORDER IT IS SO ORDERED IT IS SO ORDERED this __ day of December, 2021. DATED: 12:30 pm, December 21, 2021 16 17 18 United States District Court Judge BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 Page 7 of 7 MAC:14687-283 4569333_1 12/20/2021 8:08 AM
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