Lewis v. City of Henderson et al, No. 2:2021cv01128 - Document 52 (D. Nev. 2023)
Court Description: ORDER Granting 51 Stipulation to Extend Discovery Deadlines. Discovery due by 10/9/2023. Motions due by 11/7/2023. Proposed Joint Pretrial Order due by 12/6/2023. Signed by Magistrate Judge Cam Ferenbach on 5/25/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Lewis v. City of Henderson et al Doc. 52 Case 2:21-cv-01128-CDS-VCF Document 52 Filed 05/25/23 Page 1 of 7 1 ROBERT W. FREEMAN Nevada Bar No. 3062 2 Robert.Freeman@lewisbrisbois.com E. MATTHEW FREEMAN 3 Nevada Bar No 14198 Matt.Freeman@lewisbrisbois.com 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 702.893.3383 6 FAX: 702.893.3789 Attorneys for Defendant 7 City of Henderson, Nevada Henderson Police Department and 8 Chief Thedrick Andres 9 LEWIS 10 DISTRICT COURT 11 CLARK COUNTY, NEVADA 12 *** 13 MICHAEL LEWIS, Individually and as Administrator of the Estate of KEVIN LEWIS, 14 Deceased; MICHAEL LEWIS as Guardian Ad Litem of LUKE ARTHUR LEWIS, a minor, 15 and EMBER LYNN LEWIS, a minor, as heirs of the Estate of KEVIN LEWIS, Deceased, 16 Plaintiff, 17 vs. 18 CITY OF HENDERSON, NEVADA, a 19 political subdivision of the State of Nevada: HENDERSON POLICE DEPARTMENT, a 20 political subdivision of the State of Nevada; THEDRICK ANDRES, individually and as 21 policy maker and Chief of CITY OF HENDERSON POLICE DEPARTMENT; 22 DOE HENDERSON POLICE OFFICERS I through X; LAS VEGAS METROPOLITAN 23 POLICE DEPARTMENT, a political subdivision of the State of Nevada; SHERIFF 24 JOE LOMBARDO, individually and as policy maker of LAS VEGAS METROPOLITAN 25 POLICE DEPARTMENT; DOE LAS VEGAS METROPOLITAN POLICE DEPARTMENT 26 OFFICERS, I through X; DOES I through X; and ROE ENTITIES, I through X, inclusive, 27 Defendants. 28 CASE NO. 2;21-cv-1128-APG-VCF STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [SIXTH REQUEST] BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 95160706.1 Dockets.Justia.com Case 2:21-cv-01128-CDS-VCF Document 52 Filed 05/25/23 Page 2 of 7 1 STIPULATION AND ORDER TO EXTEND 2 DISCOVERY DEADLINES - [SIXTH REQUEST] 3 Pursuant to LR 6-1 and LR 26-3, the parties, by and through their respective counsel of 4 record, hereby stipulate and request that this Court extend discovery in the above-captioned case 5 ninety (90) days, up to and including Monday, October 9, 2023 In addition, the parties request that 6 the all other future deadlines contemplated by the Discovery Plan and Scheduling Order be extended 7 pursuant to Local Rule. In support of this Stipulation and Request, the parties state as follows: 8 1. On June 15, 2021 Plaintiff filed his Complaint in the Eighth Judicial District Court. 9 2. On July 15, 2021, Defendants LVMPD and Lombardo filed their Answer to 10 11 Complaint. 3. 12 and Chief Thedrick Andres filed their Answer to Complaint. 13 4. On August 16, 2021, the parties conducted an initial FRCP 26(f) conference 14 5. On August 24, 2021, the Court entered the Stipulated Discovery Order. 15 6. On August 27, 2021, Defendants LVMPD and Lombardo served their FRCP 26 16 Initial Disclosures on the parties. 17 7. On August 30, 2021, Plaintiff served his FRCP 26 Initial Disclosures on the parties. 18 8. On August 30, 2021, Defendants City of Henderson, Henderson Police Department 19 20 and Chief Thedrick Andres served their FRCP 26 Initial Disclosures on the parties. 9. 21 22 24 On September 15, 2021, Defendants LVMPD and Lombardo served written discovery on Plaintiff. 10. 23 LEWIS On August 13, 2021, Defendants City of Henderson, Henderson Police Department On September 27, 2021, Defendants City of Henderson, Henderson Police Department and Chief Thedrick Andres served written discovery on Plaintiff. 11. On September 29, 2021, Plaintiff served written discovery on Defendants Las 25 Vegas Metropolitan Police Department and Henderson Police Department. 26 The LVMPD defendants responded to Plaintiffs’ written discovery request on 27 October 18, 2021. Defendant Las Vegas Metropolitan Police Department served 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 95160706.1 2 Case 2:21-cv-01128-CDS-VCF Document 52 Filed 05/25/23 Page 3 of 7 1 their responses on October 18, 2021. Defendant Henderson Police Department 2 responded to Plaintiff’s written discovery on January 5, 2022. 3 12. 4 5 Police Department’s written discovery. 13. 6 7 On October 18, 2021 the LVMPD Defendants served its First Supplement to 26.1 Disclosures. 14. 8 On October 27, 2021, Plaintiff served his responses to Henderson Police Department’s written discovery. 9 15. On October 29, 2021, Plaintiffs served their First Supplement to 26.1 Disclosures. 10 16. On December 6, 2021, Defendants City of Henderson, Henderson Police 11 Department, and Chief Thedrick Andres served their First Supplement to 26.1 12 Disclosures. 13 17. 14 15 17 18. On January 5, 2022, Defendants City of Henderson supplemented their responses to Plaintiffs’ requests for production of documents. 19. 18 19 On January 5, 2022, Defendants City of Henderson, Henderson Police Department, and Chief Thedrick Andres served their Second Supplement to 26.1 Disclosures. 16 On March 2, 2022, Plaintiffs supplemented their responses to Defendant LVMPD’s requests for admissions. 20. 20 On March 8, 2022, Plaintiffs supplemented their responses to Defendant LVMPD’s requests for production of documents. 21 21. On March 8, 2022, Plaintiffs served their Second Supplement to 26.1 Disclosures. 22 22. On March 9, 2022, Plaintiffs supplemented their responses to Defendant LVMPD’s 23 24 interrogatories. 23. 25 26 28 On April 19, 2022, Plaintiffs served second sets of requests for production and interrogatories to Defendant LVMPD. 24. 27 LEWIS On October 15, 2021, Plaintiff served his responses to Las Vegas Metropolitan On April 19, 2022, Plaintiffs served second sets of requests for production and interrogatories to Defendants City of Henderson. 25. On April 29, 2022, Plaintiffs deposed Vernon Maniago. BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 95160706.1 3 Case 2:21-cv-01128-CDS-VCF Document 52 Filed 05/25/23 Page 4 of 7 1 26. On May 19, 2022, Defendant LVMPD served multiple Subpoena Duces Tecums. 2 27. On May 24, 2022, Plaintiffs served their Third Supplement to Their Initial Rule 26 3 4 Disclosures. 28. 5 6 of requests for production and interrogatories. 29. 7 8 30. On June 3, 2022, Defendant LVMPD responded to Plaintiffs second set of requests for production and interrogatories. 31. 11 12 On June 2, 2022, Defendant City of Henderson served a Fifth Supplement to 26.1 Disclosures. 9 10 On June 2, 2022, Defendants City of Henderson responded to Plaintiffs’ second set On June 3, 2022, Defendant LVMPD served a Second Supplement to 26.1 Disclosures. 32. 13 On June 14, 2022, Defendant LVMPD served a Third Supplement to 26.1 Disclosures. 14 33. On June 30, 2022, Plaintiffs deposed Rosaline Bennett. 15 34. On July 8, 2022, Plaintiffs deposed Rubin Saveedra, M.D. 16 35. On July 20, 2022, Defendant LVMPD served a Subpoena Duces Tecum upon 17 18 Naphcare. 36. 19 20 On July 21, 2022, Defendant LVMPD served a Subpoena Duces Tecum upon Henderson Hospital. 37. 21 On August 18, 2022, Defendant LVMPD served its Fourth Supplement to 26.1 Disclosures. 22 38. On September 21, 2022, Plaintiffs deposed Dennis R. Pearson, RN. 23 39. On September 30, 2022, Plaintiffs requested additional records from American 24 Medical Response, McDermott Funeral Home, and Las Vegas Fire Department. 25 40. On October 3, 2022, Plaintiffs deposed Dale Baker, RN. 26 41. On December 14, 2022, Plaintiffs deposed Kristie Irene Cyr. 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 95160706.1 4 Case 2:21-cv-01128-CDS-VCF Document 52 Filed 05/25/23 Page 5 of 7 1 DISCOVERY REMAINING 2 1. The parties will continue participating in written discovery. 3 2. The parties will collect the plaintiffs’ medical records. 4 3. Defendants will depose Plaintiff, Michael Lewis and witnesses Carre Lewis, 5 6 Ashley Ember Allen and Margaret Tracey. 4. Plaintiffs will depose the Defendants and the Defendants’ FRCP 30(b)(6) 7 8 witness(es). 5. The parties may depose any and all other witnesses identified through discovery, 9 potentially including treatment providers and personnel whom interacted with Mr. 10 11 Lewis while in the custody of various Defendants. 6. 12 13 The parties may conduct depositions of expert witnesses. WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED The parties aver, pursuant to LR 26-3, that good cause exists for the following requested 14 extension. This Request for an extension of time is not sought for any improper purpose or other 15 purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient 16 time to conduct discovery to develop their respective cases in chief. 17 The parties have been diligently moving the case forward. They have been participating in 18 substantive discovery, including exchanging their initial lists of witnesses and documents and 19 supplements thereto, and propounding written discovery. 20 Counsel for City of Henderson et al. is preparing forrom trial in John Roberts v. United 21 Services Automobile Association, A-19-790757-C. The trial is set on June 5, 2023 and is expected 22 to last 10 days. 23 Counsel are collaborating in the setting of the remaining case depositions and aim to have 24 them complete by August 2023. 25 Counsel Armeni for plaintiffs is out of the jurisdiction for two weeks in the month of June 26 for both State Bar of Nevada business, as well as for family travels. Counsel Armeni currently has 27 a trial set in the matter of the United States v. Dean Romero, Case No, 2:22-cr-00049 in the United LEWIS 28 States District Court commencing on July 25, 2023. That trial will last 3-5 days. BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 95160706.1 5 Case 2:21-cv-01128-CDS-VCF Document 52 Filed 05/25/23 Page 6 of 7 1 To ensure sufficient time is allotted for party and expert depositions, the parties 2 maintain that the current discovery deadlines must be extended. 3 Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs 4 modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or motion 5 to extend or modify that Discovery Plan and Scheduling Order must be made no later than twenty6 one (21) days before the expiration of the subject deadline (unless a showing of good cause is 7 present) and must comply fully with LR 26-3. 8 This is the sixth request for extension of time in this matter. The parties respectfully submit 9 that the reasons set forth above constitute compelling reasons for the short extension. The following 10 is a list of the current discovery deadlines and the parties’ proposed extended deadlines. 11 No weekend dates are included1: 12 Scheduled Event 13 Current Deadline Proposed Deadline Discovery Cut-off Tuesday, July 11, 2023 Monday, October 9, 2023 Deadline to Amend Pleadings or Add Parties Thursday, February 16, 2023 Closed Expert Disclosure pursuant to FRCP26 (a)(2) Thursday, May 11, 2023 Closed Friday, June 9, 2023 Thursday, September 8, 2023 19 Rebuttal Expert Disclosure pursuant to FRCP. 26(a)(2) 20 Dispositive Motions Thursday, August 10, 2023 Wednesday, November 7, 2023 21 Joint Pretrial Order Monday, September 11, 2023 Monday, December 6, 2023 14 15 16 17 18 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. 22 WHEREFORE, the parties respectfully request that this Court extend the discovery 23 24 period by ninety (90) days from the current deadline of July 11, 2023 up to and including October 25 26 27 LEWIS 1 A motion is currently pending before the Court as to whether the deadline to Amend/Add parties and claims should be extended. (See Dkt. 35). If that Motion is granted, then the deadline to 28 Amend/Add claims and parties should be included with the proposed deadlines. BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 95160706.1 6 Case 2:21-cv-01128-CDS-VCF Document 52 Filed 05/25/23 Page 7 of 7 1 9, 2023, and the other dates as outlined in accordance with the table above. 2 Dated this 18th day of May, 2023. Dated this 18th day of May, 2023. 3 LEWIS BRISBOIS BISGAARD & SMITH LLP CLARK HILL, PLLC /s/ Paola M. Armeni PAOLA M. ARMENI Nevada Bar No. 8327 3800 Howard Hughes Pkwy., Suite 500 Las Vegtas, Nevada 89169 10 /s/ Robert W. Freeman ROBERT W. FREEMAN Nevada Bar No. 3062 E. MATTHEW FREEMAN Nevada Bar No 14198 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 Attorney for Defendants City of Henderson, Nevada Henderson Police Department and Chief Thedrick Andres 11 Dated this 18th day of May, 2023. 12 KAEMPFER CROWELL 4 5 6 7 8 9 13 14 15 16 17 18 19 /s/ Lyssa S. Anderson LYSSA S. ANDERSON Nevada Bar No. 5781 RYAN W. DANIELS Nevada Bar No. 13094 KRISTOPHER J. KALKOWSKI Nevada Bar No. 14892 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Attorneys for Defendants LVMPD and Sheriff Joseph Lombardo GERALD I. GILLOCK & ASSOCIATES GERALD I. GILLOCK Nevada Bar No. 51 MICHAEL H. COGGESHALL Nevada Bar No. 14502 428 South Fourth Street Las Vegas, Nevada 89101 TIMOTHY R. O’REILLY, CHTD TIMOTHY R. O’REILLY Nevada Bar No. 8866 TRACIE M. JEFCIK Nevada Bar No. 15575 325 S. Maryland Parkway Las Vegas, Nevada 89101 Attorneys for Plaintiffs 20 21 ORDER 22 23 24 IT IS SO ORDERED. 25th May Dated this __ day of ______________, 2023. ____________________________________ UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT COURT JUDGE 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 95160706.1 7
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