Semper et al v. Las Vegas Metropolitan Police Department et al, No. 2:2020cv01875 - Document 129 (D. Nev. 2024)

Court Description: ORDER granting 128 Stipulation TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS (NINTH REQUEST). Motions due by 3/12/2024. Proposed Joint Pretrial Order due by 4/8/2024. Signed by Magistrate Judge Elayna J. Youchah on 2/15/2024. (Copies have been distributed pursuant to the NEF - CAH)

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Semper et al v. Las Vegas Metropolitan Police Department et al 1 2 3 4 5 6 7 Doc. 129 CHRISTOPHER M. PETERSON, ESQ. Nevada Bar No.: 13932 SADMIRA RAMIC Nevada Bar No.: 15984 JACOB SMITH, ESQ Nevada Bar No.: 16324 AMERICAN CIVIL LIBERTIES UNION OF NEVADA 4362 W. Cheyenne Ave. North Las Vegas, NV 89032 Telephone: (702) 366-1226 Facsimile: (702) 718-3213 Emails: peterson@aclunv.org ramic@aclunv.org jsmith@aclunv.org 8 9 10 11 12 13 ROBERT L. LANGFORD, ESQ. Nevada Bar No.: 3988 MATTHEW J. RASHBROOK, ESQ. Nevada Bar No.: 12477 ROBERT L. LANGFORD & ASSOCIATES 616 South Eighth Street Las Vegas, NV 89101 Telephone: (702) 471-6565 Facsimile: (702) 991-4223 Email: robert@robertlangford.com Email: matt@robertlangford.com Attorneys for Plaintiffs Phillip Semper, Corey Johnson, Ashley Medlock, Michael Green, Demarlo Riley, Clinton Reece, and Lonicia Bowie 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 18 19 PHILLIP SEMPER, et al., Case No.: 2:20-cv-01875-JCM-EJY Plaintiffs, vs. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et. al, 20 21 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DISPOSITIVE MOTIONS (NINTH REQUEST) Defendants. 22 23 The Represented Plaintiffs, Connie Denise Semper, as Special Administrator for the Estate of 24 Phillip Semper, Corey Johnson, Ashley Medlock, Michael Green, Demarlo Riley, Clinton Reece, and 25 Lonicia Bowie(“Plaintiffs”) and Defendants, the Las Vegas Metropolitan Police Department (the Page 1 of 16 Dockets.Justia.com 1 “Department” or “LVMPD”), Sheriff Joseph Lombardo (“Lombardo”), Andrew Bauman 2 (“Bauman”), Matthew Kravetz (“Kravetz”), Supreet Kaur (“Kaur”), David Jeong (“Jeong”), and 3 Theron Young (“Young”), collectively (“LVMPD Defendants”), by their respective counsel, hereby 4 stipulate and agree to extend the Discovery Plan and Scheduling Order an additional 21 days. This 5 Stipulation is sought in good faith and not for the purposes of delay. This Stipulation is being entered 6 in good faith and not for purposes of delay(supplemented information noted in bold-face type. Parties hereby stipulate pursuant to Rules 16 and 26 of the Federal Rules of Civil Procedure 7 8 as follows: 9 10 11 I. STATUS OF DISCOVERY A. Plaintiffs’ Discovery 1. 12 13 26.1(a)(1) dated July 6, 2021; 14 15 2. Plaintiffs’ First Set of Interrogatories to Defendant Andrew Bauman dated July 22, 3. Plaintiffs’ First Set of Requests for Production to Defendant Andrew Bauman dated 2021; 16 17 Plaintiffs’ Initial Disclosure of Witnesses and Documents Pursuant to FRCP July 22, 2021; 18 4. Plaintiffs’ First Set of Interrogatories to Defendant David Jeong dated July 22, 2021; 19 5. Plaintiffs’ First Set of Requests for Production to Defendant David Jeong dated July 20 22, 2021; 21 6. Plaintiffs’ First Set of Interrogatories to Defendant Supreet Kaur dated July 22, 2021; 22 7. Plaintiffs’ First Set of Requests for Production to Defendant Supreet Kaur dated July 23 22, 2021; 24 8. 25 Plaintiffs’ First Set of Interrogatories to Defendant Matthew Kravetz dated July 22, 2021; Page 2 of 16 9. 1 2 Plaintiffs’ First Set of Requests for Production to Defendant Matthew Kravetz dated July 22, 2021; 3 10. Plaintiffs’ First Set of Interrogatories to Defendant LVMPD dated July 22, 2021; 4 11. Plaintiffs’ First Set of Requests for Production to Defendant LVMPD dated July 22, 6 12. Plaintiffs’ First Set of Interrogatories to Defendant Theron Young dated July 22, 2021; 7 13. Plaintiffs’ First Set of Requests for Production to Defendant Theron Young dated July 5 8 9 10 2021; 22, 2021; 14. Plaintiffs’ First Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated July 30, 2021; 11 15. Plaintiffs’ Second Set of Interrogatories to LVMPD dated July 30, 2021; 12 16. Plaintiffs’ Second Set of Requests for Production of Documents to LVMPD dated July 13 30, 2021; 14 17. Plaintiffs' Third Set of Requests for Production to LVMPD dated October 22, 2021; 15 18. Plaintiffs' Fourth Set of Requests for Production of Documents to LVMPD dated 16 March 31, 2022; 17 19. Plaintiffs' Second Supplemental FRCP 26.1 Disclosures dated March 31, 2022; 18 20. Plaintiff Corey Johnson's Answers to Defendants' First Set of Requests for Admissions 19 20 21 22 23 24 25 dated April 15, 2022; 21. Plaintiff Corey Johnson's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 22. Plaintiff Connie Semper's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 23. Plaintiff Connie Semper's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; Page 3 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 24. Plaintiff Michael Green's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 25. Plaintiff Michael Green's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 26. Plaintiff Ashley Medlock's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 27. Plaintiff Ashley Medlock's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 28. Plaintiff Lonicia Bowie's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 29. Plaintiff Lonicia Bowie's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 30. Plaintiff Clinton Reece's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 31. Plaintiff Clinton Reece's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 32. Plaintiff Demarlo Riley's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 33. Plaintiff Demarlo Riley's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 21 34. Plaintiffs' Third Set of Interrogatories to LVMPD dated February 8, 2023; 22 35. Plaintiffs' Second Set of Interrogatories to Defendant Andrew Bauman dated February 23 16, 2023; 24 36. Plaintiffs' First Set of Requests for Admissions to Defendant Andrew Bauman dated 25 February 16, 2023; Page 4 of 16 1 37. Plaintiffs' Fifth Set of Requests for Production to LVMPD dated February 27, 2023; 2 38. Michael Green's First Amended Answers to LVMPD's First Set of Interrogatories 3 dated March 23, 2023; 4 39. Plaintiffs' Third Supplemental FRCP 26.1 Disclosures dated February 27, 2023; 5 40. Plaintiffs’ Expert Witness 26.1 FRCP Disclosures dated July 17, 2023; 6 41. Plaintiffs’ Fourth Supplemental FRCP 26.1 Disclosures dated July 31, 2023; 7 42. Plaintiffs' Fourth Set of Interrogatories to LVMPD dated August 9, 2023; 8 43. Plaintiffs' Sixth Set of Requests for Production to LVMPD dated August 9, 2023; 9 44. Plaintiffs' First Set of Requests for Admissions to LVMPD dated August 9, 2023; 10 45. Plaintiffs’ Fifth Supplemental FRCP 26.1 Disclosures dated August 24, 2023; 11 46. Corey Johnson's Amended Answers to LVMPD's First Set of Requests for Admissions 12 13 14 15 16 17 18 19 20 21 22 23 24 dated August 28, 2023; 47. Connie Semper's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 48. Demarlo Riley's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 49. Clinton Reece's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 50. Ashley Medlock's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 51. Michael Green's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 52. Lonicia Bowie's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 25 Page 5 of 16 53. Plaintiffs’ First Set of Requests for Admission to LVMPD dated November 17, 2023; 3 54. Plaintiffs’ Fourth Set of Interrogatories to LVMPD dated November 17, 2023. 4 LVMPD Defendants’ Initial Disclosure of Witnesses and Documents Pursuant to FRCP 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and 26.1(a)(1) dated July 6, 2021; B. Defendants’ Discovery 55. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Andrew Bauman dated August 31, 2021; 56. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Andrew Bauman dated August 31, 2021; 57. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant David Jeong dated August 31, 2021; 58. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant David Jeong dated August 31, 2021; 59. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Supreet Kaur dated August 31, 2021; 60. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Supreet Kaur dated August 31, 2021; 61. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Matthew Kravetz dated August 31, 2021; 62. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Matthew Kravetz dated August 31, 2021; 63. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant LVMPD dated August 31, 2021; 25 Page 6 of 16 1 2 3 4 5 6 7 8 64. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant LVMPD dated August 31, 2021; 65. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Theron Young dated August 31, 2021; 66. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Theron Young dated August 31, 2021; 67. Defendants’ First Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated August 31, 2021; Defendant’s Answers to Plaintiffs’ Second Set of Interrogatories to LVMPD dated 9 68. 10 September 1, 2021; 11 69. 12 Defendant’s Responses to Plaintiffs’ Second Set of Requests for Production of Records to LVMPD dated September 1, 2021; 13 70. 14 September 8, 2021; 15 71. 16 17 18 19 20 21 22 23 24 Theron Young's Amended Answers to Plaintiffs' First Set of Interrogatories dated LVMPD's Amended Answers to Plaintiffs' First Set of Interrogatories dated September 16, 2021; 72. LVMPD's Supplemental Responses to Plaintiffs' First Set of Requests for Production dated November 2, 2021; 73. LVMPD Defendants' Second Supplemental FRCP 26.1 Disclosures dated November 3, 2021; 74. LVMPD's Responses to Plaintiffs' Third Set of Requests for Production dated November 23, 2021; 75. LVMPD Defendants' Third Supplemental FRCP 26.1 Disclosures dated November 23,2021; 25 Page 7 of 16 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LVMPD Defendants' Fourth Supplemental FRCP 26.1 Disclosures dated February 3, 77. LVMPD Defendants' Fifth Supplemental FRCP 26.1 Disclosures dated March 14, 78. LVMPD Defendants' First Set of Interrogatories to Plaintiff Connie Denise Semper, 2023; 3 4 76. 2022; asSpecial Administrator for the Estate of Phillip Semper dated March 16, 2022; 79. LVMPD Defendants' First Set of Interrogatories to Plaintiff Corey Johnson dated March 16, 2022; 80. LVMPD Defendants' First Set of Interrogatories to Plaintiff Ashley Medlock dated March 16, 2022; 81. LVMPD Defendants' First Set of Interrogatories to Plaintiff Michael Green dated March 16, 2022; 82. LVMPD Defendants' First Set of Interrogatories to Plaintiff Demarlo Riley dated March 16, 2022; 83. LVMPD Defendants' First Set of Interrogatories toPlaintiff Clinton Reece dated March 16, 2022; 84. LVMPD Defendants' First Set of Interrogatories to Plaintiff Lonicia Bowie dated March 16, 2022; 85. LVMPD Defendants' First Set of Interrogatories to Plaintiff Cory Bass dated March 16, 2022; 86. LVMPD Defendants' First Set of Interrogatories to Plaintiff Antonio Williams dated March 16, 2022; 87. LVMPD Defendants' First Set of Interrogatories to Plaintiff Breanna Nellums dated March 16, 2022; 25 Page 8 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 88. LVMPD Defendants' First Set of Interrogatories to Plaintiff Carlos Bass dated March 16, 2022; 89. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Connie Denise Semper, as Special Administrator for the Estate of Phillip Semper dated March 16, 2022; 90. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Corey Johnson dated March 16, 2022; 91. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Ashley Medlock dated March 16, 2022; 92. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Michael Green dated March 16, 2022; 93. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Demarlo Riley dated March 16, 2022; 94. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Clinton Reece dated March 16, 2022; 95. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Lonicia Bowie dated March 16, 2022; 96. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Cory Bass dated March 16, 2022; 97. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Antonio Williams dated March 16,2022; 98. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Breanna Nellums dated March 16, 2022; 99. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Carlos Bass dated March 16, 2022; 25 Page 9 of 16 100. 1 2 LVMPD's Responses to Plaintiffs' Fourth Set of Requests for Production dated May 10, 2022; 3 101. LVMPD Defendants' Sixth Supplemental FRCP 26.1 Disclosures dated May 10, 2022; 4 102. LVMPD's Second Supplemental Responses to Plaintiffs' First Set of Requests for 5 Production dated August 16, 2022; 103. 6 7 LVMPD's First Supplemental Responses to Plaintiffs' Third Set of Requests for Production dated August 16, 2022; 104. LVMPD Defendants' Seventh Supplemental FRCP 26.1 Disclosures dated August 16, 105. LVMPD Defendants' Eighth Supplemental FRCP 26.1 Disclosures dated December7, 106. LVMPD Defendants' Ninth Supplemental FRCP 26.1 Disclosures dated January 12, 107. LVMPD Defendants' Tenth Supplemental FRCP 26.1 Disclosures dated February 2, 16 108. LVMPD's Answers to Plaintiffs' Third Set of Interrogatories dated March 20, 2023; 17 109. Andrew Bauman's Answers to Plaintiffs' Second Set of Interrogatories dated March 8 9 2022; 10 11 2022; 12 13 2023; 14 15 18 2023; 21, 2023; 110. 19 20 March 21, 2023; 21 22 111. LVMPD's Responses to Plaintiffs' Fifth Set of Requests for Production dated April 5, 112. LVMPD Defendants' Eleventh Supplemental FRCP 26.1 Disclosures dated April 5, 2023; 23 24 Andrew Bauman's Answers to Plaintiffs' First Set of Requests for Admissions dated 2023; 25 Page 10 of 16 113. LVMPD's Answers to Plaintiffs' Fourth Set of Interrogatories dated September 27, 3 114. LVMPD's Responses to Plaintiffs' Sixth Set of Requests for Production dated 4 September 27, 2023; 5 115. 6 September 27, 2023; 7 116. 1 2 8 2023; 117. LVMPD Defendants' Thirteenth Supplemental FRCP 26.1 Disclosures dated October 16, 2023; 118. 11 12 LVMPD Defendants' Twelfth Supplemental FRCP 26.1 Disclosures dated September 27, 2023; 9 10 LVMPD's Responses to Plaintiffs' First Set of Requests for Admissions dated LVMPD Defendants' Fourteenth Supplemental FRCP 26.1 Disclosures dated October 24, 2023; 119. LVMPD’s Responses to Plaintiffs’ First Set of Requests for Admission December 18, 120. LVMPD’s Answers to Plaintiffs’ Fourth Set of Interrogatories dated December 18, 17 121. LVMPD Defendants' Fifteenth Supplemental FRCP 26.1 Disclosures dated 18 January 12, 2024; 13 14 2023; 15 16 2023; 19 20 C. Depositions 21 1. Plaintiffs deposed Defendant Officer Andrew Bauman on November 9, 2021. 22 2. Plaintiffs deposed Officer Nicholas Brigandi on April 18, 2022. 23 3. Plaintiffs deposed Det. Blake Walford on May 11, 2022. 24 4. Plaintiffs deposed Defendant Officer Theron Young on May 16, 2022. 25 5. Plaintiffs deposed Defendant Officer Supreet Kaur onAugust 31, 2022. Page 11 of 16 1 6. Plaintiffs deposed Defendant Officer Matthew Kravetz on September 6, 2022. 2 7. Plaintiffs deposed FRCP 30(b)(6) of LVMPD (Landon Reyes) on December 13, 2022; 3 8. Plaintiffs deposed FRCP 30(b)(6) of LVMPD (Fred Haas) on January 10, 2023; 4 9. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per Cory 5 Bass on March 13, 2023; 10. 6 7 Bass on March 13, 2023; 11. 8 9 LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff ProPer Breanna Nellums on March 15, 2023; 12. 10 11 LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per Carlos LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per Antonio Williams on March 15, 2023; 12 13. LVMPD Defendants deposed Plaintiff Michael Green on March 27, 2023. 13 14. LVMPD Defendants deposed Plaintiff Lonicia Bowie on August 21, 2023; 14 15. LVMPD Defendants deposed Plaintiff Counnie Walker [Connie Semper] on August 15 22, 2023; 16 16. LVMPD Defendants deposed Plaintiff Clinton Reece on August 22, 2023; 17 17. LVMPD Defendants deposed Plaintiffs’ Expert Ana Muñiz, Ph.D. on August 25, 19 18. LVMPD Defendants deposed Plaintiff Corey Johnson on August 28, 2023; 20 19. LVMPD Defendants deposed Plaintiff Demarlo Riley on September 11, 2023; 21 20. Plaintiffs deposed FRCP 30(b)(6) of LVMPD (Sgt. Shane Price) on September 29, 22 2023; and 23 21. 18 24 2023; LVMPD Defendants competed deposition of Plaintiff Clinton Reece on October 10, 2023 25 Page 12 of 16 1 II. Discovery that remains to be completed. 2 Defendant LVMPD is finalizing a supplementation of its answers to Plaintiff’s 3 interrogatories. For the reasons explained below, the Parties will need additional time to respond to 4 written discovery and file dispositive motions incorporating those responses. 5 6 III. Specific Description of Why Extension is Necessary. 7 Parties seek (1) a 21-day extension for filing dispositive motions from February 20, 2024, to 8 March 12, 2024, and (2) to continue the pretrial order date from March 18, 2024, to April 8, 2024. 9 All other deadlines will not be affected by this extension. Parties acknowledge that a showing of good cause is necessary for any modifications to a 10 11 scheduling order within 21 days of a deadline being modified. Local Rule 26-3. 12 Parties assert that good cause exists for a number of reasons. Defendants are supplementing 13 their response to Plaintiff’s interrogatories, and parties believe that supplementation may contain 14 information pertinent to dispositive motions. Defendants have been delayed in providing this 15 information due to the time it has taken for Defendant agency to collect information related to 16 Plaintiff’s interrogatory, review that information for accuracy, and finalize the answers. In part the 17 Defendant’s response to Plaintiff’s interrogatory was a compromise in lieu of further deposition 18 testimony from Defendant’s 30(b)(6) in an effort to conserve resources, meaning that the information 19 sought by Plaintiffs was more extensive than is typical for an interrogatory. 20 Due to the number of parties involved and the complicated nature of the matters, Parties intend 21 to file a motion to exceed page limits prior to filing dispositive motions. Parties are still working to 22 determine the extent of that potential request which may need to be modified depending on the 23 Defendant’s answers to the interrogatories. Finally, counsel for Defendants has a trial beginning next week that will last until March 4, 24 25 2024. Page 13 of 16 1 IV. Proposed Schedule for Completing All Remaining Deadlines 2 3 4 5 6 Amend Pleadings and Add Parties Initial Expert Disclosures Rebuttal Expert Disclosures Discovery Cut-Off Dispositive Motions Pretrial Order 7 8 9 Current Deadline March 18, 2023 July 17, 2023 August 16, 2023 December 18, 2023 February 20, 2024 March 18, 2024 (If dispositive motions are filed, the deadline for shall be suspended until thirty (30) days after the decision of the dispositive motions or further order of the Court.) [Proposed] New Deadline Past Due/Unchanged Past Due/Unchanged Past Due/Unchanged Past Due/Unchanged March 12, 2024 April 8, 2024 (If dispositive motions are filed, the deadline for shall be suspended until thirty (30) days after the decision of the dispositive motions or further order of the Court.) 10 Based on the foregoing stipulation and proposed deadlines plan, the Parties request that the 11 Discovery Plan and Scheduling Order deadlines be extended an additional 21 days limited to 12 completing disclosure of the remaining interrogatory supplementation and filing dispositive motions. 13 IT IS SO STIPULATED 14 DATED: February 15, 2024 15 16 MARQUIS AURBACH AMERICAN CIVIL LIBERTIES UNION OF NEVADA /s/ Jackie V. Nichols Craig R. Anderson, Esq. Nevada Bar No. 6882 Jackie V. Nichols, Esq. Nevada Bar No. 14246 10001 Park Run Drive Las Vegas, Nevada 89145 Attorneys for LVMPD Defendants 23 /s/ Christopher M. Peterson Christopher M. Peterson, Esq. Nevada Bar No.: 13932 Sadmira Ramic, Esq. Nevada Bar No.: 15984 Jacob Smith, Esq. Nevada Bar No.: 16324 4362 W. Cheyenne Ave. North Las Vegas, NV 89032 Attorneys for Plaintiffs 24 IT IS SO ORDERED. 17 18 19 20 21 22 25 _________________________________ U.S. MAGISTRATE JUDGE Dated: February 15, 2024 Page 14 of 16

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