Solano-Patricio et al v. Las Vegas Metropolitan Police Department et al, No. 2:2017cv01946 - Document 38 (D. Nev. 2018)

Court Description: ORDER Granting 37 Stipulation re Discovery Deadlines. Discovery due by 6/14/2018. Motions due by 7/13/2018. Proposed Joint Pretrial Order due by 8/14/2018. Signed by Magistrate Judge Peggy A. Leen on 1/10/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Solano-Patricio et al v. Las Vegas Metropolitan Police Department et al Doc. 38 Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 1 of 6 1 2 3 4 5 Marquis Aurbach Coffing Craig R. Anderson, Esq. Nevada Bar No. 6882 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone:(702)382-0711 Facsimile:(702)382-5816 canderson@maclaw.com Attorneys for Defendant LVMPD 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ESTATE OF TASHI S. FARMER a/k/a TASHII FARMER a/k/a TASHII BROWN, 9 by and through its Special Administrator, Eli Del Carmen Solano-Patricio; TAMARA 10 BAYLEE KUUMEALI'MAKAMAE FARMER DUARTE,a minor, individually ~ 11 and as Successor-in-Interest, by and through her legal guardian, Stevandra Lk Kuanoni; z w ~ 12 ELIAS BAY KAIMIPONO DUARTE,a minor, individually and as Successor-in~ ~, ~ 13 Interest, by and through his legal guardian, Stevandra Lk Kuanom, Q~~ 14 ~_~` Plaintiffs, ~~~~ 15 ~-~ ~ z w a Case Number: 2:17-cv-01946-JCM-PAL STIPULATION AND ORDER TO EXTEND DISCOVERY(FIRST REQUEST) ~,~r M U o~n'" VS. ~ o> ~ 16 y LAS VEGAS METROPOLITAN POLICE 0 17 DEPARTMENT,a political subdivision of ~. the State ofNevada; OFFICER KENNETH 18 LOPERA,individually and in his Official Capacity; and Does I through 50 inclusive, 19 Defendants. 20 H ~a M ~ a ~ 21 Pursuant to LR 6-1 and LR 26-4, the parties by and through their respective counsel 22 of record, hereby stipulate and request that this court extend discovery in the above23 captioned case ninety (90) days, up to and including June 14, 2018. In addition, the parties 24 request that the expert deadline, dispositive motion and pre-trial order deadlines be extended 25 for an additional ninety (90) days as outlined herein. In support of this stipulation and 26 request, the parties state as follows: 27 Page 1 of6 MAC:14687-057 3287404 1 1/4/2018 1:08 PM Dockets.Justia.com Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 2 of 6 1 I. DISCOVERY COMPLETED TO DATE 2 1. On July 18, 2017, the Plaintiffs filed their Complaint. ECF No. 1. 3 2. On August 4, 2017, Defendant LVMPD filed their Answer to Plaintiffs' 4 Complaint. ECF No. 7. 5 3. On August 25, 2017, the parties entered into a stipulation (and the court 6 ordered) that the discovery regarding Defendant Lopera be limited due to his pending 7 criminal charges. ECF No. 27. 8 4. On August 28, 2017, Defendant Lopera filed his Answer to Plaintiffs' 9 Complaint. ECF No. 28. 10 On September 15, 2017, the parties participated in a FRCP 26(~ meeting. 11 ~ 5. 6. On September 27, 2017, Defendant LVMPD provided their initial disclosures z w ~ 12 pursuant to Rule 26. O y~ °° 13 V N On September 29, 2017, the Plaintiffs provided their initial disclosure 7. ~~~ '~ W N UQ~~ 14 statement pursuant to Rule 26. ~~ ~ _ ~~~ 15 8. On September 18, 2017, the Court entered the initial discovery order. ECF °" ~ zw ~ o>~ 16 I No. 30. H ~a M ~ a ~ 0 17 9. On October 10, 2017, Defendant LVMPD served each Plaintiff with written 18 discovery. 19 10. On November 7, 2017, the Plaintiffs served requests for production of 20 documents on Defendant LVMPD. 21 11. On December 7, 2017, Plaintiffs provided their responses to Defendant 22 LVMPD's written discovery. 23 12. On December 8, 2017, Defendant LVMPD provided their responses to 24 Plaintiffs' Requests for Production of Documents. 25 13. On December 20, 2017, Plaintiffs took the depositions of LVMPD Officers 26 Mike Tran and Ashley Lif. 27 Page 2 of6 MAC:14687-057 3287404 1 1/4/2018 1:08 PM Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 3 of 6 1 14. On December 21, 2017, Plaintiffs took the depositions of percipient 2 witnesses Marcelino Vibas and Peter Infantino. 3 15. On December 21, 2017, Plaintiffs took the deposition of Sergeant Michael 4 Bland — LVMPD's Rule 30(b)(6) witness with respect to use offorce training and policies. 5 16. On December 27, 2017, Plaintiffs took the deposition of LVMPD Deputy 6 Chief John McGrath — LVMPD's Rule 30(b)(6) witness regarding policy changes. 7 17. On December 27, 2017, Plaintiffs took the deposition of LVMPD Officer 8 Travis Crumrine. 9 O V All parties have retained and are consulting with expert witnesses. 10 ~ ~~ w 18. 19. The parties are actively working to set the Plaintiffs' guardian ad litem's 11 depositions. The guardian ad litem currently resides in Hawaii and scheduling has been ~ 12 somewhat problematic. °° ~ N 13 II. WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED ~ M U Q~° ~ ~_~~ 14 Plaintiffs and Defendant LVMPD have actively participated in discovery. Despite ~ ~z~ 15 the stay regarding discovery against Defendant Lopera, his counsel has participated in all ~a w ~~ ~ o> 16 conferences and depositions. After the recent depositions of the percipient witnesses and u~~ H ~ a M ~ O~ ~ ~~ 0 17 LVMPD officers, Plaintiffs have indicated that they intend to amend their Complaint to 18 include new claims and new parties. The parties anticipate filing a stipulation to amend the 19 complaint within the next two weeks. The parties agree that the scope of their expert reports 20 will need to cover the new parties and claims once filed. Therefore, moving the expert 21 deadlines is necessary. 22 III. DISCOVERY REMAINING 23 1. Plaintiffs intend to file an amended complaint identifying new claims and 24 new parties based upon information obtained during the recent depositions. Although the ~I deadline to name new parties and add new claims has passed, the parties will stipulate to ~I allow this amendment to avoid the filing of a separate lawsuit. III Page 3 of6 MAC:14687-057 3287404 1 1/4/2018 1:08 PM Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 4 of 6 1 2. Defendant LVMPD intends to take the deposition of the Plaintiffs' guardian 2 ad litem who currently resides in Hawaii. The parties are working on an agreeable time for 3 all parties to conduct the depositions. 4 3. Defendant LVMPD intends to take the deposition of witness Trinita Farmer. 5 4. Plaintiffs intend to take the deposition of percipient witnesses, including, but 6 not limited to, Carolyn Becic, Ronnie Guy, Cody Kollar, Jonathan Pierce, and Ofc. Michael 7 Flores. 8 The parties need to disclose expert witnesses and rebuttal experts. 9 6. The parties need to take the depositions of each parties' experts. 10 ~ 5. 7. The Plaintiffs intend to take the deposition of Defendant Lopera if the 11 criminal case gets resolved. z w ~ 12 IV. O °° U ~~ 13 x;~`" EXTENSION OR MODIFICATION OF THE DISCOVERY PLAN AND SCHEDULING ORDER LR 26-4 governs modifications of extensions of the Discovery Plan and Scheduling U~Q~~ 14 ~~ Order. Any stipulation or motion must be made no later than twenty-one (21) days before ~ ~~ ~zw 15 ~" the expiration of the subject deadline, and comply fully with LR 26-4. The parties ~ '. ~ N 16 o>~ ~ a °O acknowledge that the expert deadline is less than twenty-one (21) days away. All parties ~ 0 17 c Ot (except Kenneth Lopera) are prepared to disclose their experts based on the current parties ~ 18 and claims. However, based upon the fact that Plaintiffs intend to amend their complaint to ~` 19 include new parties and claims, the parties believe it is in the best interest of the 20 management of the case to extend the expert deadline until all necessary claims and parties 21 are joined in the lawsuit. 22 /// 23 24 /// 251 261 /// 271 Page 4 of6 MAC:14687-057 3287404 1 1/4/2018 1:08 PM Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 5 of 6 1 The following is a list of the current discovery deadlines and the parties' proposed 2 extended deadlines. 3 ACTIVITY DATE 4 Expert Disclosures Pursuant to Tuesday, January 16, 2018 Fed.R.Civ.P. 26 a 2) 5 Rebuttal Expert Disclosure Monday, February 13, 2018 Fed.R.Civ.P. 6 Pursuant to (2) 26(a) Wednesday, Mach 14, 2018 7 Discovery Cut-OffDate PROPOSED DEADLINE Monday, April 16, 2018 Monday, May 14, 2018 Thursday, June 14, 2018 8 Dispositive Motions Friday, April 13, 2018 Friday, July 13, 2018 9 Joint Pretrial Order Monday, May 14, 2018 Tuesday, August 14, 2018 10 ~ z 11 This request for an extension of time is not sought for any improper purpose or other w ~ 12 purpose of delay. The parties have worked together at moving discovery forward and have ~ ~~ 13 conducted significant discovery up to this point. The parties have worked diligently at ~ M V Q`~~ 14 complying with the case's original deadlines, but recent depositions led the parties to agree ~` ~ _ ~x~~ ~~~ ~zw 15 that additional parties and claims should be handled in this lawsuit. ~a~~ ~ o>~ 16 .-i ~ N ~••~ ~ ~ This is the first request for extension of time in this matter. The parties respectfully a M ~ 17 submit that the reasons set forth above constitute compelling reasons for the discovery 18 extension. 19 /// 20 21 /// 22 23 /// 24 25 /// 26 27 /// Page 5 of6 MAC:14687-057 3287404 1 1/4/2018 1:08 PM Case 2:17-cv-01946-JCM-PAL Document 37 Filed 01/04/18 Page 6 of 6 1 WHEREFORE, the parties respectfully request that this court extend the discovery 2 ~ period by ninety (00) days from the current deadline of March 14, 2018 up and until 3 ~ including June 14, 2018, and the other discovery dates as outlined in accordance with the 4 table above. 5 APPROVED AS TO FORM AND CONTENT. 6 Dated this 4th day of January, 2018 Dated this 4th day of January, 2018. 7 ABIR COHEN TREYZON SALO,LLP MARQUIS AURBACH COFFING 8 9 By: s/Darren D. Darwish Darren D. Darwish, Esq. 10 CA Bax No. 305797 Admitted Pro Hac Vice 11 1901 Avenue ofthe Stars, Ste. 935 Los Angeles, California 90067 ~ 12 Attorneys for Plaintiffs °° 13 ~ ~~ w O V ~~ x;~M By: s/Craig R. Anderson Craig R. Anderson, Esq. Nevada Bar No. 6882 10001 Park Run Drive Las Vegas, Nevada 89145 Attorneys for Defendant LVMPD MCNUTT LAW FIRM,P.C. CALLISTER LAW V~ Q~~ 14 7 cC ~ ~' ~ X ui ~/ ~zw 15 By: s/Mitchell S. Bisson Matthew Q. Callister, Esq. ~ o>~ 16 Nevada Bar No. 1396 ~~~M Mitchell S. Bison,Esq. ~ 0 17 Nevada Bar No. 11920 O~ 330 E. Charleston Blvd., Ste. 100 ~ 18 Las Vegas, Nevada 89104 Attorneys for Plaintiffs 19 ~a~~ ~~~~~~ 21 By: s/Daniel R. McNutt Daniel R. McNutt, Esq. Nevada Bar No. 7815 625 S. Eighth Street Las Vegas, Nevada 89101 Attorney for Defendant Lopera 1 '~ 1 ' IT IS SO ORDERED this 10th day of January, 2018. ~~a 23 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 Page 6 of6 MAC:14687-057 3287404 1 1/4/2018 1:08 PM