Wheeler v. Henderson Police Department et al, No. 2:2015cv01772 - Document 58 (D. Nev. 2018)

Court Description: ORDER granting 57 Stipulation; Discovery due by 8/7/2018. Motions due by 9/6/2018. Proposed Joint Pretrial Order due by 10/8/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/20/2018. (Copies have been distributed pursuant to the NEF - JM)

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Wheeler v. Henderson Police Department et al Doc. 58 Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 Margaret A. McLetchie, Nevada Bar No. 10931 Alina M. Shell, Nevada Bar No. 11711 MCLETCHIE SHELL LLC 701 East Bridger Ave., Suite 520 Las Vegas, NV 89101 Telephone: (702) 728-5300 Facsimile: (702) 425-8220 Email: maggie@nvlitigation.com Jennifer L. Braster, Nevada Bar No. 9982 NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 Telephone: (702) 420-7000 Facsimile: (702) 420-7001 Email: jbraster@naylorandbrasterlaw.com Attorneys for Plaintiff, Edward Wheeler 12 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 EDWARD WHEELER, an individual, 16 17 Case. No.: 2:15-cv-01772-JCM-CWH Plaintiff, STIPULATION TO EXTEND DISCOVERY DEADLINES SET FORTH IN SCHEDULING ORDER [ECF No. 56] vs. 18 19 20 21 22 23 CITY OF HENDERSON, a Nevada Municipal Corporation; CITY OF NORTH LAS VEGAS, Nevada, a Municipal Corporation; and SERGEANT TRAVIS SNYDER, individually and in his official capacity as a North Las Vegas Police Sergeant, (Fourth Request) Defendants. 24 25 Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel 26 of record, hereby stipulate and request that this Court extend discovery in the above- 27 captioned case sixty (60) days, up to and including Tuesday, August 7, 2018. In addition, 28 the parties request that the dispositive motions and pretrial order deadlines be extended for 1 Dockets.Justia.com Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 2 of 8 1 an additional sixty (60) days as outlined herein. In support of this Stipulation and Request, 2 the parties state as follows: 3 4 5 6 7 8 9 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 DISCOVERY COMPLETED TO DATE 1. On September 15, 2015, this action was commenced by Plaintiff Edward Wheeler filing of this Complaint and Jury Demand (ECF No. 1). 2. On December 11, 2015 Plaintiff Edward Wheeler filed his Amended Complaint (ECF No. 5). 3. On January 5, 2016, Defendant City of Henderson filed its Motion to Dismiss Amended Complaint (ECF No. 17). 4. On August 1, 2016, Plaintiff Edward Wheeler filed his Second Amended Complaint (ECF No. 25). 5. On December 21, 2016, Plaintiff Edward Wheeler filed his Third Amended Complaint (ECF No. 30). 6. On January 10, 2017, Defendant City of Henderson filed its Motion to Dismiss Third Amended Complaint (ECF No. 34). 7. On January 18, 2017, Defendants City of North Las Vegas and Sergeant 17 Travis Snyder filed their Answer to Third Amended Complaint and Demand for Jury Trial 18 (ECF Nos. 35 and 37). 19 20 21 22 23 24 25 26 27 28 8. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Requests for Production of Documents to Defendant City of Henderson. 9. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Requests for Production of Documents to Defendant City of North Las Vegas. 10. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Interrogatories to Defendant City of Henderson. 11. On March 10, 2017, Plaintiff Edward Wheeler propounded his First Set of Interrogatories to Defendant City of North Las Vegas. 12. On March 14, 2017, the Stipulated Discovery Plan Discovery Plan and Scheduling Order was filed (ECF No. 46). 2 Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 3 of 8 1 2 3 4 5 6 7 8 9 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. On March 14, 2017, Plaintiff Edward Wheeler propounded his Second Set of Interrogatories to Defendant City of Henderson. 14. On March 14, 2017, Plaintiff Edward Wheeler propounded his Second Set of Interrogatories to Defendant City of North Las Vegas. 15. On March 20, 2017, Defendants City of North Las Vegas and Sergeant Travis Snyder produced their Initial Disclosures of Production of Documents. 16. On March 21, 2017, Plaintiff Edward Wheeler produced his Initial Disclosures of Production of Documents. 17. On March 21, 2017, Defendant City of Henderson produced its Initial Disclosures of Production of Documents. 18. On April 10, 2017, Defendant City of Henderson responded to Plaintiff Edward Wheeler’s First Set of Requests for Production of Documents. 19. On April 10, 2017, Defendant City of Henderson responded to Plaintiff Edward Wheeler’s First Set of Interrogatories. 20. On April 13, 2017, Defendant City of Henderson responded to Plaintiff Edward Wheeler’s Second Set of Interrogatories. 21. On April 13, 2017, Defendant City of Henderson produced its First Supplement to Initial Disclosures of Production of Documents. 22. On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s First Set of Requests for Production of Documents. 23. On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s First Set of Interrogatories. 24. On May 5, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s Second Set of Interrogatories. 25. On June 5, 2017, Defendant City of North Las Vegas and Sergeant Travis Snyder produced their First Supplement to Initial Disclosures of Production of Documents. 26. On June 8, 2017, Defendant City of North Las Vegas propounded its First Set of Requests for Production of Documents to Plaintiff Edward Wheeler. 3 Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. On June 8, 2017, Defendant City of North Las Vegas propounded its First Set of Interrogatories to Plaintiff Edward Wheeler. 28. On June 19, 2017, Plaintiff Edward Wheeler produced his First Supplement to Initial Disclosures of Production of Documents. 29. On July 28, 2017, this Court granted the parties’ Stipulated Protective Order (ECF No. 52). 30. On August 3, 2018, Plaintiff Edward Wheeler responded to Defendant City of North Las Vegas’s First Set of Requests for Production of Documents. 31. On August 3, 2018, Plaintiff Edward Wheeler responded to Defendant City of North Las Vegas’s First Set of Interrogatories. 32. On September 22, 2017, Plaintiff Edward Wheeler propounded his Third Set of Interrogatories to Defendant City of North Las Vegas. 33. On September 22, 2017, Plaintiff Edward Wheeler propounded his Third Set of Interrogatories to Defendant City of Henderson. 34. On September 22, 2017, Plaintiff Edward Wheeler propounded his Second Set of Request for Production of Documents to Defendant City of North Las Vegas. 35. On September 22, 2017, Plaintiff Edward Wheeler propounded his First Set of Interrogatories to Defendant Sgt. Travis Snyder. 36. On September 22, 2017, Plaintiff Edward Wheeler propounded his First Set of Request for Production of Documents to Defendant Sgt. Travis Snyder. 37. On November 8, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s Third Set of Interrogatories. 38. On November 8, 2017, Defendant Sgt. Travis Snyder responded to Plaintiff Edward Wheeler’s First Set of Interrogatories. 39. On November 8, 2017, Defendant City of North Las Vegas responded to Plaintiff Edward Wheeler’s Second Set of Requests for Production of Documents. 40. On November 8, 2017, Defendant Sgt. Travis Snyder responded to Plaintiff Edward Wheeler’s First Set of Requests for Production of Documents. 4 Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 5 of 8 1 2 41. Plaintiff Edward Wheeler’s Third Set of Interrogatories. 3 4 42. 43. 9 On January 9, 2018, Defendant City of Henderson produced its Second Supplement to Initial Disclosures of Production of Documents. 7 8 On November 29, 2017, Defendants City of North Las Vegas and Sgt. Travis Snyder noticed the deposition of Plaintiff Edward Wheeler. 5 6 On November 16, 2017, Defendant City of Henderson responded to 44. On January 23, 2018, Defendants took the deposition of Plaintiff Edward 45. The parties anticipate that additional written discovery will be necessary. Wheeler. 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 DISCOVERY REMAINING 1. The deposition of parties, Fed. R. Civ. P. 30(b)(6) witness(es), and any disclosed experts will be completed by the close of discovery. 13 3. Additional written discovery and responses. 14 4. Expert disclosures. 15 16 17 REASONS WHY DISCOVERY WAS NOT COMPLETED The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested extension. 18 The parties have recently stipulated to a Protective Order which was entered by the 19 Court and will now provide documents subject to that order. Said documents will also be 20 submitted for expert review. In addition, the parties are working on scheduling depositions. 21 Counsel for Plaintiff Edward Wheeler has an Opposition to a Motion to Stay due 22 on March 21, 2018, in Clark County Office of the Coroner/Medical Examiner v. Las Vegas- 23 Review Journal, Nev. S.Ct. Case No. 75095. Counsel also has supplemental briefing in a 42 24 U.S. § 1983 civil rights case in Gayler v. High Desert State Prison et al., U.S. District Court 25 Case 2:14-cv-00769-APG-CWH on March 29, 2018. Further, counsel also must respond to 26 a memorandum regarding sealed documents in U.S.A. v. Bundy et al., U.S. District Court 27 Case No. 2:16-cr-00046-GMN-PAL on March 30, 2018. 28 On April 4, 2018, Counsel for Plaintiff has an Answering Brief in J.D.H. et al. v. 5 Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 6 of 8 1 Las Vegas Metropolitan Police Department et al., Ninth Circuit of Appeal Case No. 17- 2 16512. Lastly, Counsel for Plaintiff and Defendants City of North Las Vegas and Sgt. Travis 3 Snyder have responses to dispositive motions due in Walker et al. v. City of North Las Vegas, 4 et al., U.S. District Court Case 2:14-cv-01475-JAD-NJK on April 5, 2018. 5 Counsel for Defendants City of North Las Vegas has been occupied in multi-day 6 depositions in Spiotto v. LVMPD, 2:17-cv-153-GMN-GWF. Further counsel for defendants 7 is preparing for trial in Kingham v. State Farm, 2:15-cv-1555-APG-GWF and Stephan v. 8 State Farm, CV16-1846, both trials set to begin on May 7, 2018. 9 Given counsel’s time constraints and availability the time to complete discovery in 10 this case has been telescoped. The parties are diligently working on the discovery in this 11 case. ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 17 18 19 The following is a list of the current discovery deadlines and the parties’ proposed extended deadlines: Scheduled Event Current Deadline Proposed Deadline Discovery Cut-off Expert Disclosure pursuant to Fed. R. Civ. P. 26(a)(2) Rebuttal Expert Disclosure pursuant to Fed. R. Civ. P. 26(a)(2) Interim Status Report Dispositive Motions Friday, June 8, 2018 Monday, April 9, 2018 Tuesday, August 7, 2018 Friday, June 8, 2018 Wednesday, May 9, 2018 Monday, July 9, 2018 Joint Pretrial Order Tuesday, August 7, 2018 Monday, April 9, 2018 Monday, July 9, 2018 20 21 22 23 24 25 26 27 28 June 8, 2018 Tuesday, August 7, 2018 Thursday, September 6, or at least thirty (30) days after the close of discovery. Monday, October 8, 2018, or at least thirty (30) days after the decision of last Dispositive Motions or further order of the Court. Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-4 governs modifications or extension of this discovery plan and scheduling order. Any stipulation or motion must be made no later than twenty-one (21) days before the expiration 6 Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 7 of 8 1 of the subject deadline, and comply fully with LR 26-4. In this case, the current deadline for 2 the expert disclosures is April 9, 2018, and thus this request is timely. 3 This extension request is made in good faith, jointly by the parties, and not for the 4 purposes of delay. Trial in this matter has not yet been set. Moreover, since this request is 5 a joint request, neither party will be prejudiced. 6 This Request for an extension of time is not sought for any improper purpose or 7 other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing 8 sufficient time to conduct discovery in this case and adequately prepare their respective cases 9 for trial. ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 10 This is the fourth request for extension of time in this matter. The parties 11 respectfully submit that the reasons set forth above constitute compelling reasons for the 12 extension. 13 WHEREFORE, the parties respectfully request that this Court extend discovery 14 deadlines in the above-captioned case sixty (60) days, up to and including August 7, 2018 15 and the other discovery deadlines as outlined in accordance with the table above. 16 IT IS SO STIPULATED. 17 18 19 DATED this 19th day of March, 2018. DATED this 19th day of March, 2018. CITY OF HENDERSON MCLETCHIE SHELL LLC /s/ Nancy D. Savage Josh M. Reid, NBN 7497 Nancy D. Savage, NBN 392 240 Water Street, MSC 144 Henderson, NV 89015 Attorneys for Defendant, City of Henderson /s/ Alina M. Shell Margaret A. McLetchie, NBN 10931 Alina M. Shell, NBN 11711 701 East Bridger Ave., Suite 520 Las Vegas, NV 89101 20 21 22 23 24 26 NAYLOR & BRASTER Jennifer L. Braster, NBN 9982 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 27 Attorneys for Plaintiff, Edward Wheeler 25 28 DATED this 19th day of March, 2018. 7 Case 2:15-cv-01772-JCM-CWH Document 57 Filed 03/19/18 Page 8 of 8 1 LEWIS BRISBOIS BISGAARD & SMITH LLP 2 6 /s/ Robert W. Freeman, Jr. Robert W. Freeman, Jr., NBN 3062 Noel E. Eidsmore, NBN 7688 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendants, City of North Las Vegas and Sergeant Travis Snyder 7 ORDER 3 4 5 8 9 IT IS SO ORDERED, subject to the court's modification to the IT IS SO ORDERED. deadline for interim status reports. DATED: Marchthis 20,_____ 2018day of ______________________, 2018. DATED 10 11 ATTORNEYS AT LAW 701 EAST BRIDGER AVE., SUITE 520 LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 U.S. DISTRICT MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8

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