Thomas et al v. Clark County et al, No. 2:2022cv00899 - Document 21 (D. Nev. 2023)
Court Description: ORDER Granting 20 Stipulation extend discovery deadlines. Discovery due by 10/10/2023. Motions due by 11/9/2023. Proposed Joint Pretrial Order due by 12/11/2023. Signed by Magistrate Judge Nancy J. Koppe on 3/22/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Thomas et al v. Clark County et al Doc. 21 Case 2:22-cv-00899-GMN-NJK Document 21 Filed 03/22/23 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 12 13 14 15 DAICHENA THOMAS, individually and as the personal representative of Estate of Palmer Pearce Joseph Wright; DANA THOMAS, individually; DEVONTAY THOMAS, individually; DELON ARMSTRONG, individually; JOHNTAE WILLIAMS, individually; GERMAINE CARMENA, individually, vs. 17 CLARK COUNTY; LAS VEGAS METROPOLITAN POLICE DEPARTMENT; CLARK COUNTY DETENTION CENTER; WELLPATH, LLC; CORRECT CARE SOLUTIONS, LLC; J. MARCOS, RN; EARL D. SALVIEJO, NP; TANJA WASIELEWSKI, RN; H. TADDEO, RN; ACE T., RN; LARS WILLIAMS, RN; H. HANNASH, RN; DAVID OLIPHANT, PA; LPN ALEXIA; BECKY S. CHRISTENSEN, RN; RAY MARTIN MONTENEGRO, NP; KATE PURCELL, RN; DOES I through C, inclusive, and ROE CORPORATIONS I through II, inclusive, 19 20 21 22 23 24 CASE NO.: 2:22-cv-0899-GMN-NJK STIPULATION TO EXTEND DISCOVERY DEADLINES (First Request) (ECF No. 16) Plaintiffs, 16 18 KAEMPFER CROWELL Attorneys for Defendant Las Vegas Metropolitan Police Department 9 11 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 LYSSA S. ANDERSON Nevada Bar No. 5781 RYAN W. DANIELS Nevada Bar No. 13094 KAEMPFER CROWELL 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 Fax: (702) 796-7181 landerson@kcnvlaw.com rdaniels@kcnvlaw.com Defendants. 20230315 SAO to Extend Discovery (1st) doc 6943 211 Page 1 of 6 Dockets.Justia.com Case 2:22-cv-00899-GMN-NJK Document 21 Filed 03/22/23 Page 2 of 6 1 IT IS HEREBY STIPULATED AND AGREED between the parties, Las Vegas 2 Metropolitan Police Department (“LVMPD”); Wellpath, LLC; Correct Care Solutions, LLC; J. 3 Marcos, RN; Earl D. Salviejo, NP; Tanja Wasielewski, RN; H. Taddeo, RN; Ace T. RN; Lars 4 Williams, RN; H. Hannash, RN; David Oliphant, PA, LPN Alexia; Becky S. Christensen, RN; 5 Ray Martin Montenegro, NP, and Kate Purcell, RN’s (“Wellpath Defendants”); and Plaintiffs, 6 Daichena Thomas, Dana Thomas, Devontary Thomas, Delon Armstrong, Johntae Williams, and 7 Germanine Carmena, (“Plaintiffs”), by and through their respective counsel that the discovery 8 cut-off date of June 12, 2023, be continued for a period of 120 days up to and including October 9 10, 2023, for the purpose of allowing the parties to complete written discovery, obtain records 10 from third-parties, disclose expert and rebuttal expert reports, and take depositions. 11 I. All parties have provided their initial Rule 26 Disclosures and produced supplemental 12 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 DISCOVERY COMPLETED TO DATE 13 disclosures. LVMPD served written discovery (interrogatories, requests for production of 14 documents and requests for admissions) on Plaintiffs which responses and supplemental 15 responses were made. LVMPD served numerous third-party subpoenas. The parties have 16 retained expert witnesses. Recently, Wellpath Defendants served written discovery on each 17 individual Plaintiff. The parties held a telephonic meet and confer on March 14, 2023 to discuss 18 an extension for the individual Plaintiffs to provide responses to the written discovery, extending 19 discovery deadlines and setting the depositions of each individual Plaintiff. The parties agreed 20 that Plaintiffs will respond to the written discovery on or before May 15, 2023 and depositions of 21 the individual Plaintiffs will take place after the discovery responses have been made. 22 II. DISCOVERY YET TO BE COMPLETED 23 On January 6, 2023, LVMPD served numerous third-party subpoenas to obtain medical 24 records of Palmer Pearce Wright (“Wright”). Four providers still have not responded despite 20230315 SAO to Extend Discovery (1st) doc 6943 211 Page 2 of 6 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 Case 2:22-cv-00899-GMN-NJK Document 21 Filed 03/22/23 Page 3 of 6 1 several demands. LVMPD will be filing motions to compel if responses are not received by 2 March 18, 2023. 3 Each of the individual Plaintiffs will respond to Wellpath’s written discovery requests on 4 or before May 15, 2023. The depositions of the parties and third-party witnesses will be taken. 5 The parties will disclose expert reports and any necessary rebuttal expert reports. 6 III. REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 7 The parties have been diligent in proceeding with discovery in this matter. The claims in 8 this matter involve the death of a former Clark County Detention Center (“CCDC”) detainee, 9 Wright. Many of the issues pertain to the medical care of Wright prior to his arrest, during his 10 detention at CCDC, and prior to his death. The information surrounding these issues is 11 extensive. Moreover, there are six Plaintiffs and numerous Defendants. 12 There was a delay in obtaining a signed medical authorization from Plaintiffs that 13 resulted in LVMPD filing a Motion to Compel, [ECF No. 18]. Plaintiffs and LVMPD were able 14 to work through their discovery dispute and LVMPD served numerous third-party subpoenas 15 after obtaining signed medical authorizations. Some responses have been received, but there are 16 still four providers that have not responded. LVMPD has sent several demand letters and 17 anticipates it may need to file motions to compel in order to obtain Wright’s medical records. 18 Finally, Wellpath recently served written discovery on each of the six individual 19 Plaintiffs. Plaintiffs’ Counsel has requested—and Wellpath defendants have agreed to—a 60- 20 day extension to respond to the discovery. The parties are currently coordinating the depositions 21 of each of the six individual Plaintiffs as well. It will be necessary, at a minimum, for the parties 22 to have made and received responses to written discovery and Subpoenas prior to any experts 23 making their initial reports. For all these reasons, the parties need additional time to complete 24 discovery. 20230315 SAO to Extend Discovery (1st) doc 6943 211 Page 3 of 6 Case 2:22-cv-00899-GMN-NJK Document 21 Filed 03/22/23 Page 4 of 6 1 The parties respectfully request this Court enter an order as follows: 3 (A) 4 The current discovery cut-off date of June 12, 2023, should be extended for a period of Discovery Deadline. 120 days, up to and including October 10, 2023. 6 (B) 7 The parties shall disclose expert reports on or before August 11, 2023, which is 60 days 8 9 10 KAEMPFER CROWELL PROPOSED EXTENDED DEADLINES 2 5 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 IV. Experts and Rebuttal Experts. prior to the close of discovery. Any rebuttal disclosures will be made by the parties on or before September 11, 2023, which is 30 days prior to the close of discovery. 11 (C) Dispositive Motions. 12 All pretrial motions, including but not limited to, discovery motions, motions to dismiss, 13 motions for summary judgment, and all other dispositive motions shall be filed and served no 14 later than 30 days after the close of discovery, or by November 9, 2023. 15 (D) Motions in Limine/Daubert Motions. 16 Under LR 16-3(b), any motions in limine, including Daubert motions, shall be filed and 17 served 30 days prior to the commencement of Trial. Oppositions shall be filed and served and 18 the motion submitted for decision 14 days thereafter. Reply briefs will be allowed only with 19 leave of the Court. 20 (E) 21 Pursuant to LR 26(1)(e)(5), the Joint Pretrial Order shall be filed with this Court no later 22 than 30 days after the date set for filing dispositive motions, or by December 11, 2023, unless 23 dispositive motions are filed, in which case the date for filing the Joint Pretrial Order shall be 24 suspended until 30 days after the decision on the dispositive motions or further order of this Pretrial Order. 20230315 SAO to Extend Discovery (1st) doc 6943 211 Page 4 of 6 Case 2:22-cv-00899-GMN-NJK Document 21 Filed 03/22/23 Page 5 of 6 1 Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections shall be included 2 in the final pretrial order. 3 (F) 4 In accordance with LR 26-3, applications to extend any date set by the discovery plan, 5 scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be 6 supported by a showing of good cause for the extension. All motions or stipulations to extend a 7 deadline set forth in a discovery plan shall be received by the Court not later than 21 days before 8 the expiration of the subject deadline. A request made after the expiration of the subject deadline 9 shall not be granted unless the movant demonstrates that the failure to set was the result of 10 excusable neglect. Any motion or stipulation to extend a deadline or to reopen discovery shall 11 include: 12 (a) A statement specifying the discovery completed; 13 (b) A specific description of the discovery that remains to be completed; 14 (c) The reasons why the deadline was not satisfied or the remaining discovery was 15 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 Extensions or Modification of the Discovery Plan and Scheduling Order. not completed within the time limits set by the discovery plan; and 16 (d) A proposed scheduled for completing all discovery. 17 This request for an extension is made in good faith and joined by all the parties in this 18 case. The Request is timely pursuant to LR 26-3. Trial is not yet set in this matter and 19 dispositive motions have not yet been filed. Accordingly, this extension will not delay this case. 20 /// 21 /// 22 /// 23 /// 24 /// 20230315 SAO to Extend Discovery (1st) doc 6943 211 Page 5 of 6 Case 2:22-cv-00899-GMN-NJK Document 21 Filed 03/22/23 Page 6 of 6 1 2 3 Moreover, since this request is a joint request, neither party will be prejudiced. The extension will allow the parties the necessary time to finish discovery. DATED this 21st day of March, 2023. 4 STOVALL & ASSOCIATES 5 /s/ Ross H. Moynihan KAEMPFER CROWELL /s/ Lyssa S. Anderson 8 Leslie Mark Stovall Nevada Bar No. 2566 Ross H. Moynihan Nevada Bar No. 11848 2301 Palomino Lane Las Vegas, NV 89107 Lyssa S. Anderson Nevada Bar No. 5781 Ryan W. Daniels Nevada Bar No. 13094 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 9 Attorneys for Plaintiffs Attorneys for Defendant Las Vegas Metropolitan Police Department 6 7 10 11 12 13 14 15 16 17 18 19 20 LEWIS BRISBOIS BISGAARD & SMITH LLP /s/ Ethan M. Featherstone S. Brent Vogel Nevada Bar No. 6858 Ethan M. Featherstone Nevada Bar No. 11566 6385 S. Rainbow Blvd., Ste. 600 Las Vegas, NV 89118 Attorneys for Defendants WellPath, LLC; Correct Care Solutions, LLC; J. Marcos, RN; Earl D. Salviejo, NP; Tanya Wasielewski, RN; H. Taddeo, RN; Ace T. RN; Lars Williams, RN; H. Hannash, RN; David Oliphant, PA; LPN Alexia; Becky S. Christensen, RN; Ray Martin Montenegro, NP; and Kate Purcell, RN KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 21 22 23 ORDER IT IS SO ORDERED. Dated: March 22, 2023 United States Magistrate Judge 24 20230315 SAO to Extend Discovery (1st) doc 6943 211 Page 6 of 6
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