Muric-Dorado v. LVMPD et al, No. 2:2018cv01184 - Document 209 (D. Nev. 2023)
Court Description: ORDER Granting 208 Stipulation to Extend Discovery Deadlines. Discovery due by 11/6/2023. Motions due by 12/6/2023. Proposed Joint Pretrial Order due by 1/5/2024. Signed by Magistrate Judge Elayna J. Youchah on 5/23/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Muric-Dorado v. LVMPD et al Doc. 209 Case 2:18-cv-01184-JCM-EJY Document 209 Filed 05/23/23 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 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 Attorneys for Defendants Richard Newman, Angela Patton, James Portello, Cesar Esparza, Kenneth Kelsey, Rogelio Mariscal, Tutulupeatau Mataele, Raymond Bunch, Kimberly Shrewsberry, Cheryl Whetsel, Gerald Razo, Jesse Reynolds, Bryce Walford, Tanya Vai, Kyle Banagan, Ty-Yiviri Glover, Stephen White, Christopher Hunter, Douglas Taylor, Michael Chambers, and Mitchell Green UNITED STATES DISTRICT COURT 13 14 15 DISTRICT OF NEVADA RAMON MURIC-DORADO, Plaintiff, 16 vs. 17 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al. 18 KAEMPFER CROWELL 2:18-cv-01184-JCM-EJY STIPULATION TO EXTEND DISCOVERY DEADLINES (7th Request) (ECF No. 207) Defendants. 19 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 CASE NO.: 20 IT IS HEREBY STIPULATED AND AGREED between the parties that the discovery 21 cut-off date of August 7, 2023, and related deadlines, be continued for a period of ninety (90) 22 days 1 up to and including November 6, 2023, for the purpose of allowing the parties to complete 23 written discovery, disclose expert witnesses, and take depositions of the parties. 24 1 Ninety-one days is requested as the 90th day falls on a Sunday. 3431925_1.doc 6943.192 Page 1 of 6 Dockets.Justia.com Case 2:18-cv-01184-JCM-EJY Document 209 Filed 05/23/23 Page 2 of 6 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 1 I. DISCOVERY COMPLETED TO DATE 2 Plaintiff, Defendants Richard Newman, Angela Patton, James Portello, Cesar Esparza, 3 Kenneth Kelsey, Rogelio Mariscal, Tutulupeatau Mataele, Raymond Bunch, Kimberly 4 Shrewsberry, Cheryl Whetsel, Gerald Razo, Jesse Reynolds, Bryce Walford, Tanya Vai, Kyle 5 Banagan, Ty-Yiviri Glover, Stephen White, Christopher Hunter, Douglas Taylor, Michael 6 Chambers, and Mitchell Green (collectively, “LVMPD Defendants”), and exchanged their initial 7 Rule 26 Disclosures while Plaintiff was representing him self pro se. LVMPD Defendants 8 provided five supplements to their Rule 26 Disclosures during that time. Plaintiff provided 9 another initial Rule 26 Disclosure after his counsel appeared and the LVMPD Defendants 10 provided a sixth supplemental Rule 26 Disclosure. Defendant NaphCare provided their initial 11 Rule 26 Disclosure subsequent to plaintiff’s counsel’s appearance. 12 Interrogatories on LVMPD Defendants Richard Newman, Angela Patton, James Portello, Cesar 13 Esparza, Kenneth Kelsey, Rogelio Mariscal, Tutulupeatau Mataele, and Raymond Bunch, who 14 have served their responses and two Requests for Production of Documents collectively on the 15 LVMPD Defendants and responses were made. 16 Interrogatories on a “Person Most Knowledgeable” for non-party LVMPD, and was advised that 17 this discovery is improper. Counsel for LVMPD has provided copies of all the above discovery 18 to Plaintiff’s new counsel and counsel for NaphCare. 19 Interrogatories and Requests for Production on Plaintiff on February 3, 2022 and Plaintiff served 20 responses to NaphCare’s written discovery on December 8, 2021 [sic]. The LVMPD Defendants 21 served Requests for Admissions on Plaintiff on September 15, 2022, and Plaintiff provided 22 responses on October 21, 2022 to the first forty Requests for Admissions and objected to all 23 subsequent Requests for Admissions. The LVMPD Defendants served Requests for Production 24 of Documents on Plaintiff on September 15, 2022, but Plaintiff has not provided responses to 3431925_1.doc 6943.192 Pro se Plaintiff served Pro se Plaintiff attempted to serve Defendant NaphCare served Page 2 of 6 Case 2:18-cv-01184-JCM-EJY Document 209 Filed 05/23/23 Page 3 of 6 1 these Requests. A meet and confer conference was conducted on March 1, 2023 to discuss 2 several discovery matters in this case. At that time, Plaintiff’s counsel indicated that he intended 3 to withdraw from representation and would be filing a motion to that effect. As a matter of 4 professional courtesy, the parties have not scheduled depositions and have not pursued motions 5 to compel or propounded further discovery to allow counsel to withdraw. Plaintiff’s counsel has 6 indicated that the motion is prepared and he is solely awaiting an affidavit from Plaintiff before 7 filing. 8 II. DISCOVERY YET TO BE COMPLETED 9 The Parties have been attempting to schedule Plaintiff’s deposition, which has had to be 10 rescheduled or postponed four times, and needs to be rescheduled again. Plaintiff needs to 11 supplement his Responses to the LVMPD Defendants’ Requests for Admissions and serve his 12 Responses to the LVMPD Defendants’ Requests for Production of Documents. The Parties plan 13 to serve additional written discovery requests (Interrogatories, Requests for Admissions and 14 Requests for Production of Documents). The Parties will serve various third-party subpoenas 15 and take the deposition of Plaintiff, LVMPD Defendants, and the person most knowledgeable for 16 Naphcare. The Parties are retaining experts and will provide timely expert reports. 17 III. 18 REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED Local Rule 26-3 states in relevant part: A motion or stipulation to extend a deadline set forth in a discovery plan must be received by the court no later than 21 days before the expiration of the subject deadline. A request made within 21 days of the subject deadline must be supported by a showing of good cause. A request made after the expiration of the subject deadline will not be granted unless the movant also demonstrates that the failure to act was the result of excusable neglect. 19 20 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 21 22 23 24 Here, good cause and excusable neglect support the requested extension of discovery deadlines. Good cause and excusable neglect exist. For a large portion of this lawsuit plaintiff was 3431925_1.doc 6943.192 Page 3 of 6 Case 2:18-cv-01184-JCM-EJY Document 209 Filed 05/23/23 Page 4 of 6 1 pro se and was an inmate at High Desert State Prison. Plaintiff now has pro bono counsel and 2 has been released from prison, however it has been challenging to coordinate the deposition of 3 plaintiff, who works, and the calendars for three attorneys’ offices, who have experienced 4 unexpected family emergencies. Plaintiff’s deposition is needed to clarify the allegations in the 5 eleven (11) remaining claims set out in Plaintiff’s voluminous second amended complaint (ECF 6 No. 15 and 31). The deposition is currently being noticed to occur in late June or early July. 7 Further, additional medical providers have been discovered and Plaintiff’s records from those 8 providers have been requested, but not yet received. The parties’ experts will need time to 9 review the voluminous materials related to this case, including the plaintiff’s deposition 10 11 Despite diligent efforts, and given the number of defendants in this matter and the 12 unexpected personal matters that counsel has had to attend to, completion of discovery by the 13 current deadlines is not possible. 14 IV. 15 The Parties respectfully request this Court enter an order as follows: Deadline Current Date Proposed New Date 17 Initial Expert Disclosure Deadline Thurs., June 8, 2023 Thurs., Sept. 7, 2023 18 Rebuttal Expert Disclosure Deadline Mon., July 10, 2023 Tues., Oct. 10, 2023 Discovery Cutoff Deadline Mon., August 7, 2023 Mon., Nov. 6, 2023 Dispositive Motion Deadline Weds., Sept. 6, 2023 Weds., Dec. 6, 2023 Fri., Oct. 6, 2023 Fri., Jan. 5, 2024 20 21 KAEMPFER CROWELL PROPOSED EXTENDED DEADLINES 16 19 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 transcript, medical records, and prepare expert reports. 22 Pre-Trial Order Deadline 23 A. 24 Under LR 16-3(b), any motions in limine, including Daubert motions, shall be filed and 3431925_1.doc 6943.192 Motions in Limine/Daubert Motions. Page 4 of 6 Case 2:18-cv-01184-JCM-EJY Document 209 Filed 05/23/23 Page 5 of 6 1 served 30 days prior to the commencement of Trial. Oppositions shall be filed and served and 2 the motion submitted for decision 14 days thereafter. Reply briefs will be allowed only with 3 leave of the Court. 4 B. 5 In accordance with LR 26-3, applications to extend any date set by the discovery plan, 6 scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be 7 supported by a showing of good cause for the extension. All motions or stipulations to extend a 8 deadline set forth in a discovery plan shall be received by the Court not later than 21 days before 9 the expiration of the subject deadline. A request made after the expiration of the subject deadline 10 shall not be granted unless the movant demonstrates that the failure to set was the result of 11 excusable neglect. Any motion or stipulation to extend a deadline or to reopen discovery shall 12 include: 13 (a) A statement specifying the discovery completed; 14 (b) A specific description of the discovery that remains to be completed; 15 (c) The reasons why the deadline was not satisfied or the remaining discovery was 16 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 17 (d) 18 This request for an extension is made in good faith and joined by all the parties in this 19 case. The Request is timely pursuant to LR 26-3. Trial is not yet set in this matter and 20 dispositive motions have not yet been filed. Accordingly, this extension will not delay this case. 21 Moreover, since this request is a joint request, neither party will be prejudiced. The extension 22 will allow the parties the necessary time to complete discovery. 23 /// 24 /// 3431925_1.doc 6943.192 A proposed scheduled for completing all discovery. Page 5 of 6 Case 2:18-cv-01184-JCM-EJY Document 209 Filed 05/23/23 Page 6 of 6 1 DATED this 23rd day of May, 2023. DATED this 23rd day of May, 2023. 2 GOODWIN LAW GROUP MEDICAL DEFENSE LAW GROUP 3 /s/ Charles Goodwin ___________________________________ CHARLES GOODWIN Nevada Bar No. 14879 3100 W Charleston Blvd Las Vegas, NV 89102 /s/ Melanie B. Chapman ___________________________________ PAUL A. CARDINALE Nevada Bar No. 8394 MELANIE B. CHAPMAN Nevada Bar No. 6223 2965 South Jones Blvd., Ste. E1 Las Vegas, NV 89146 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 21 Attorneys for Plaintiff Ramon Muric-Dorado Attorneys for Defendant NaphCare, Inc. DATED this 23rd day of May, 2023. KAEMPFER CROWELL /s/ Lyssa S. Anderson ___________________________________ LYSSA S. ANDERSON Nevada Bar No. 5781 RYAN W. DANIELS Nevada Bar No. 13094 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Attorneys for Defendants Richard Newman, Angela Patton, James Portello, Cesar Esparza, Kenneth Kelsey, Rogelio Mariscal, Tutulupeatau Mataele, Raymond Bunch, Kimberly Shrewsberry, Cheryl Whetsel, Gerald Razo, Jesse Reynolds, Bryce Walford, Tanya Vai, Kyle Banagan, Ty-Yiviri Glover, Stephen White, Christopher Hunter, Douglas Taylor, Michael Chambers, and Mitchell Green IT IS SO ORDERED. Dated this 23rd day of May 2023. 22 23 ____________________________________ UNITED STATES MAGISTRATE JUDGE 24 3431925_1.doc 6943.192 Page 6 of 6
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