O'Neil v. Las Vegas Metropolitan Police Department et al, No. 2:2022cv00474 - Document 61 (D. Nev. 2024)

Court Description: ORDER granting 60 Stipulation To extend discovery deadlines. Discovery due by 10/24/2024. Motions due by 12/2/2024. Proposed Joint Pretrial Order due by 1/2/2025. Signed by Magistrate Judge Brenda Weksler on 3/27/2024. (Copies have been distributed pursuant to the NEF - MAM)

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O'Neil v. Las Vegas Metropolitan Police Department et al Doc. 61 1 Andréa L. Vieira, Esq. Nevada Bar No. 15667 2 THE VIEIRA FIRM, PLLC 3 601 So. 7th Street Las Vegas, Nevada 89101 4 Telephone: (702) 820-5853 5 Facsimile: (702) 820-5836 Andrea@TheVieiraFirm.com 6 7 Lauren Bonds, Esq. (admitted pro hac vice) Keisha James, Esq. (admitted pro hac vice) 8 Eliana Machefsky, Esq. (admitted pro hac vice) NATIONAL POLICE ACCOUNTABILITY PROJECT 9 1403 Southwest Blvd. 10 Kansas City, KA 66103 Telephone: (202) 557-9791 11 legal.npap@nlg.org 12 Keisha.npap@nlg.org Fellow.npap@nlg.org 13 14 Attorneys for Plaintiff 15 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 16 17 ASHLEY O’NEIL, 18 Case No.: 2:22-cv-00474-ART-BNW Plaintiff, 19 vs. 20 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., 21 22 Defendants. STIPULATION TO EXTEND DISCOVERY DEADLINES (Third Request) 23 24 25 26 27 28 IT IS HEREBY STIPULATED AND AGREED between the parties through their respective counsel that the discovery deadlines in this matter be extended as set forth below. I. DISCOVERY COMPLETED TO DATE: All parties have provided their initial Rule 26, Disclosures. Supplemental 1 Dockets.Justia.com 1 disclosures have been provided as follows: 2 1. Defendant LVMPD’s Supplemental Disclosures: 3 a. First Supplement: July 25, 2023 4 b. Second Supplement: October 2, 2023 5 2. Defendant Wellpath’s Supplemental Disclosures: 6 a. First Supplement: December 3, 2023 7 b. Second Supplement: December 6, 2023 8 Defendant LVMPD served Interrogatories and Requests for Production on 9 Plaintiff on September 27, 2023. Plaintiff served responses on November 10, 2023. 10 Defendant LVMPD served Requests for Admission on Plaintiff on January 31, 2024. 11 Plaintiff’s responses are currently due on April 1, 2024. 12 Plaintiff has provided Defendants with executed medical authorizations. 13 Defendant LVMPD issued subpoenas to University Medical Center of 14 Southern Nevada UMC, Orthopaedic & Spine Institute, G. Mark Sylvain, M.D., 15 Orthopaedic Specialists of Nevada, LLC, Michael T. Monroe, M.D., Hanger 16 Prosthetics & Orthotics, Inc. dba The Hanger Clinic, Desert Radiologists, Inc. dba 17 Desert Radiology, Nevada Department of Corrections, Florence McLure Women's 18 Correctional Center, City of Las Vegas, Las Vegas Fire & Rescue, American Medical 19 Response, Inc. aka “AMR,” Medicwest Ambulance, Inc., Clark County Fire 20 Department, Nevada Department of Public Safety, Nevada State Police (fka 21 Nevada Highway Patrol) on December 1, 2023. 22 Defendant LVMPD issued subpoenas to Geico Insurance and Progressive 23 Casualty Insurance Company on January 29, 2024. 24 II. DISCOVERY YET TO BE COMPLETED 25 1. Deposition of Plaintiff 26 2. Depositions of Defendants 27 3. Depositions of FRCP 30(b)(6) witnesses 28 4. Depositions of percipient witnesses 2 1 5. Deposition of treating providers 2 6. Expert discovery, including expert disclosures and depositions 3 7. Additional written discovery as needed 4 8. Subpoenas to third parties for records and information 5 III. REASONS THE REMAINING DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY PLAN 6 This is a complex 42 U.S.C. § 1983 case. Plaintiff has the following claims: 7 1. Violations of 42 U.S.C. § 1983 for violations of the Fourteenth and Eighth 8 Amendments of the United States Constitution against Doe Nurse Coco, 9 and Doe Officers and Nurses. 10 2. Violations of the Nevada Constitution 11 3. Monell liability against LVMPD and Wellpath 12 4. Negligence against LVMPD and Wellpath 13 5. Concert of Action 14 6. Negligent Infliction of Emotional Distress 15 16 17 18 19 20 21 22 23 24 25 26 The parties have been diligent in proceeding with discovery in this matter. Plaintiff’s medical treatment is extensive and has continued from her pre-trial detention through the present. Part of Plaintiff’s damages also include a permanent disability resulting from Defendants’ conduct. The extent of this disability is yet to be determined as Plaintiff is still undergoing treatment while she is incarcerated. Because of Plaintiff’s incarceration, communication with Plaintiff is delayed. It takes several days, and sometimes weeks, to correspond with Plaintiff and obtain necessary signatures and information. In addition, Defendant Wellpath recently changed counsel. As noted in prior stipulations submitted to this Court,1 Wellpath’s prior counsel had health issues that required surgery and experienced significant complications requiring an 27 28 1 ECF Nos. 47 and 49 3 1 extended recovery time.2 Wellpath’s new counsel, Ethan Featherstone, Esq., 2 entered an appearance on March 14, 2024.3 3 Moreover, Plaintiff also obtained new counsel, Lauren Bonds, Esq., Keisha 4 James, Esq., and Eliana Machefsky, Esq., whose pro hac vice applications were 5 granted on March 14, 20244 and March 18, 2024.5 6 The parties anticipate extensive medical and expert discovery. There are 7 numerous depositions that need to take place in advance of expert discovery 8 including the depositions of Plaintiff, Plaintiff’s treating physicians, each 9 defendant, percipient witnesses, and FRCP 30(b)(6) witnesses. Additional discovery 10 needs to take place to identify Doe Nurse Coco and the Doe Officers and Nurses. 11 Now that new counsel has entered an appearance, the parties can commence 12 this discovery and jointly propose the following schedule: 13 IV. 14 PROPOSED DISCOVERY SCHEDULE FOR COMPLETING REMAINING The parties jointly propose the following discovery plan: 15 Current Date 16 17 Discovery Cut-Off: 18 Final date to file motions to amend pleadings or add parties:6 19 Proposed Date July 26, 2024 October 24, 2024 February 22, 2024 May 22, 2024 FRCP 26(a)(2) Expert Disclosures: 20 21 22 i. Initial disclosure:7 May 27, 2024 August 26, 2024 ii. Rebuttal disclosure: 8 June 26, 2024 September 24, 2024 August 26, 20249 December 2, 202410 Dispositive Motions: 23 24 25 26 27 28 ECF No. 43, 3:4-7 and ECF No. 47, 3:10-13 ECF No. 52 4 ECF Nos. 54 and 55 5 ECF No. 59 6 90 days before discovery cut-off 7 60 days before discovery cut-off 8 30 days after initial disclosures 9 30 days after discovery cut-off 10 This date has been extended beyond 90 days to account for the Thanksgiving holiday. 2 3 4 Current Date 1 Joint Pre-Trial Order: 2 3 September 25, 202411 Proposed Date January 2, 202512 If no dispositive motions are filed, the Joint Pretrial Order shall be filed by 4 Friday, January 2, 2025, which is no later than thirty days after the date set for the 5 filing of dispositive motions. In the event dispositive motions are filed, the date for 6 filing the Joint Pretrial Order shall be suspended until thirty days after the decision 7 on the dispositive motions or by further order of the court. 8 The parties anticipate that, pending any unforeseen circumstances outside 9 the parties’ control, the above extension of the current discovery deadlines should 10 allow the parties to conduct and complete the outstanding discovery. 11 / / / 12 / / / 13 / / / 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 28 11 12 30 days after dispositive motions This date has been extended beyond 90 days to account for the Christmas holiday. 5 1 This is the third request for an extension of the current discovery deadlines. 2 It is made by the parties in good faith and not for the purpose of delay. 3 4 5 6 DATED: March 26, 2024. THE VIEIRA FIRM DATED: March 26, 2024. KAEMPFER CROWELL By: By: 7 8 9 10 /s/ Andréa L. Vieira Andréa L. Vieira, Esq. Nevada Bar No. 15667 601 So. 7th Street Las Vegas, Nevada 89101 Andrea@TheVieiraFirm.com Attorney for Plaintiff 11 12 13 14 15 DATED: March 26, 2024. DATED: March 26, 2024. NATIONAL POLICE ACCOUNTABILITY PROJECT LEWIS BRISBOIS BISGAARD & SMITH LLP By: By: 22 /s/ Eliana Machefsky Lauren Bonds, Esq.* Keisha James, Esq.* Eliana Machefsky, Esq.* 1403 Southwest Blvd. Kansas City, KA 66103 Telephone: (202) 557-9791 legal.npap@nlg.org Keisha.npap@nlg.org Fellow.npap@nlg.org Attorneys for Plaintiff 23 *admitted pro hac vice 16 17 18 19 20 21 24 25 /s/ Lyssa S. Anderson Lyssa S. Anderson, Esq. Nevada Bar No. 5781 Ryan W. Daniels, Esq. Nevada Bar No. 13094 1980 Festival Plaza Dr., Ste. 650 Las Vegas, Nevada 89135 landerson@kcnvlaw.com rdaniels@kcnvlaw.com Attorneys for Defendant LVMPD /s/ Ethan M. Featherstone S. Brent Vogel, Esq. Nevada Bar No. 6858 Ethan M. Featherstone, Esq. Nevada Bar No. 11566 6385 S. Rainbow Blvd., Ste. 600 Las Vegas, Nevada 89118 Telephone: 702.893.3383 Facsimile: 702.893.3789 Brent.Vogel@lewisbrisbois.com Ethan.Featherstone@lewisbrisbois.com Attorneys for Defendant Wellpath ORDER IT IS SO ORDERED. 26 27 28 UNITED STATES MAGISTRATE JUDGE DATE: 6 3/27/2024

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