Andrews v. Henderson Police Department et al, No. 2:2018cv01625 - Document 93 (D. Nev. 2022)
Court Description: ORDER Granting 92 Stipulation to Extend Joint Pretrial Order Filing Date. Proposed Joint Pretrial Order due by 9/20/2022. The parties are advised that the Court will issue a separate Settlement Conference Scheduling Order. Signed by Magistrate Judge Brenda Weksler on 8/31/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Andrews v. Henderson Police Department et al Doc. 93 Case 2:18-cv-01625-JCM-BNW Document 93 92 Filed 08/31/22 08/29/22 Page 1 of 6 1 Peter Goldstein [SBN 6992] PETER GOLDSTEIN LAW CORP 2 peter@petergoldsteinlaw.com 10161 Park Run Drive, Suite 150 3 Las Vegas, Nevada 89145 Telephone: (702) 474-6400 4 Facsimile: (888) 400-8799 5 Attorney for Plaintiff DANIEL ANDREWS 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF NEVADA (LAS VEGAS) 10 DANIEL ANDREWS, CASE NO.: 2:18-cv-01625-RFB-BNW 11 Plaintiff, 12 STIPULATION AND PROPOSED ORDER TO EXTEND JOINT PRETRIAL ORDER FILING DATE v. 13 14 CITY OF HENDERSON, a Nevada Municipal Corporation; PHILLIP 15 WATFORD, KARL LIPPISCH, 16 (FIFTH REQUEST) Defendants. 17 18 Plaintiff, DANIEL ANDREWS (“Andrews”) and Defendants CITY OF HENDERSON, 19 KARL LIPPISCH, and PHILLIP WATFORD (“Defendants”), by and through their counsel, 20 hereby stipulate and agree to extend the remaining Pretrial Conference and Joint Pretrial Order 21 Filing date as follows: 22 1. On January 16, 2019, the United States District Court filed its Scheduling Order 2. On January 23, 2019, the parties jointly filed their Proposed Discovery Plan and 23 [#21]. 24 25 Scheduling Order [#24]. 26 3. On February 12, 2019, the parties filed a first request for an extension as it relates 27 to expert disclosures, Interim Status Report, and the Discovery Cut-Off dates [#27]. 28 1 Dockets.Justia.com Case 2:18-cv-01625-JCM-BNW Document 93 92 Filed 08/31/22 08/29/22 Page 2 of 6 1 4. On February 13, 2019, the United States District Court filed its Order [#28], 2 granting the stipulated extension of the expert disclosure, Interim Status Report, and the Discovery 3 Cut-Off dates. 4 5. On May 13, 2019, the parties filed a second request for an extension of the rebuttal 5 expert disclosure deadline and stipulated to stay discovery [#40], as Plaintiff’s counsel was 6 scheduled to have open-heart surgery and needed at least two months to recuperate. 7 8 9 10 11 12 13 14 6. On May 14, 2019, the United States District Court filed its Order [#41}, granting the stipulated extension and the stipulation to stay discovery. 7. On August 29, 2019, Plaintiff filed his First Amended Complaint [#49] and added a new defendant, Phillip Watford. 8. On September 11, 2019, Defendants City of Henderson and Karl Lippisch filed their answer to the amended complaint [#56]. 9. On October 21, 2019, Plaintiff served his amended complaint on Phillip Watford. Phillip Watford filed his answer to the amended complaint on November 12, 2019 [#64]. 15 10. On November 14, 2019, the parties filed a third request for an extension of time as 16 it related to the Discovery Cut-Off, Dispositive Motion deadline, and the proposed Joint Pretrial 17 Order deadline [#66]. 18 11. On November 14, 2019, the United States District Court filed its Order [#67], 19 20 21 22 23 24 25 26 27 granting the stipulated extension of the Discovery Cut-Off, Dispositive Motion deadline, and the proposed Joint Pretrial Order dates. 12. On January 21, 2020, Defendants filed their Motion for Summary Judgment [#68], which was denied in part by the Court on September 25, 2020 [#80]. 13. On October 15, 2020, Defendants filed their Notice of Appeal to the U.S. Court of Appeals, Ninth Circuit [#81]. 14. On June 14, 2022, the U.S. Court of Appeals filed its Mandate [#85], affirming this Court’s Order. 28 2 Case 2:18-cv-01625-JCM-BNW Document 93 92 Filed 08/31/22 08/29/22 Page 3 of 6 1 15. In early 2022, the Defendants’ attorney was unexpectedly out of state for three 2 months due to a family emergency. Additionally, Defendants’ attorney was out of the state for 3 one month after the Mandate was filed and has just recently returned to the office. 4 16. On July 22, 2022, a Stipulation and Order extending the Pretrial Order deadlines 5 was granted [#89] to a Pretrial Conference on August 22, 2022 and the filing of the Pretrial Order 6 to August 29, 2022. 7 8 9 10 11 12 17. Medical Center performed a Covid test which turned out to be negative. Nevertheless, he is suffering flu like symptoms. Defense counsel was amendable to extending the conference from August 22, 2022 to August 25, 2022. The parties attended a telephonic conference on August 25, 2022 at 4:00 p.m. and discussed various aspects of the Pretrial Order, as well as the parties desire to schedule a Settlement Conference with a Magistrate Judge. 13 14 Plaintiff’s counsel suffered from an infection that his physician at Horizon View 18. Plaintiff emailed to Defense counsel a draft of the Joint PreTrial Order for review and defendants’ changes/ additions. Accordingly, the parties are requesting an additional three 15 weeks to September 20, 2022 to file the Joint Pretrial Order. 16 /// 17 /// 18 /// 19 20 21 22 23 24 25 26 27 /// /// /// /// /// /// /// /// 28 3 Case 2:18-cv-01625-JCM-BNW Document 93 92 Filed 08/31/22 08/29/22 Page 4 of 6 1 All parties, as indicated by the signature of counsel below, agree and stipulate to: 2 a. Extending the deadline to file the Joint Pretrial Order to September 20, 2022; and 3 b. Scheduling a Settlement Conference before a Magistrate Judge. 4 5 Dated this 29th day of August, 2022. Dated this 29th day of August, 2022. 6 CITY OF HENDERSON PETER GOLDSTEIN LAW CORP 7 /s/ Michael Oh _______ 8 MICHAEL J. OH 9 Senior Assistant City Attorney Nevada Bar No. 7470 10 WADE B. GOCHNOUR Assistant City Attorney 11 Nevada Bar No. 6314 240 Water Street, MSC 144 12 Henderson, NV 89015 Attorneys for Defendants 13 CITY OF HENDERSON, KARL LIPPISCH, and PHILLIP WATFORD 14 15 /s/ Peter Goldstein ______________ PETER GOLDSTEIN, ESQ. Nevada Bar No. 6992 10161 Park Run Drive, Suite 150 Las Vegas NV 89145 Attorney for Plaintiff DANIEL ANDREWS ORDER 16 IT IS ORDERED that ECF No. 92 is GRANTED. 17 18 IT IS SO ORDERED. The parties are advised that the Court will issue a separate Settlement Conference Scheduling Order. 19 IT IS SO ORDERED 20 U.SDATED: DISCTRICT COURT MAGISTRATE COURT 12:42 pm, August 31, 2022 JUDGE 21 DATED: 22 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 4 8/29/22, 12:01 PM Law Office of Peter Goldstein Mail - Fwd: PROPOSED SAO TO08/31/22 EXTEND DATEPage FOR PRTRIAL Case 2:18-cv-01625-JCM-BNW Document 92 Filed 93 08/29/22 5 of 6ORDER Jeremy Perez <staff@petergoldsteinlaw.com> Fwd: PROPOSED SAO TO EXTEND DATE FOR PRTRIAL ORDER 1 message Peter Goldstein <peter@petergoldsteinlaw.com> To: Staff PGLAW <Staff@petergoldsteinlaw.com> Mon, Aug 29, 2022 at 11:53 AM PETER GOLDSTEIN LAW CORP 10161 Park Run Drive, Suite 150 Las Vegas, NV 89145 Tel: (702) 474-6400 Fax: (888) 400-8799 www.petergoldsteinlaw.com 400 Corporate Pointe, Ste. 300 Culver City, CA 90230 Tel: (310)552-2050 Fax: (888) 400-8799 www.petergoldsteinlaw.com ---------- Forwarded message --------- From: Michael Oh <Michael.Oh@cityofhenderson.com> Date: Fri, Aug 26, 2022 at 4:59 PM Subject: Re: PROPOSED SAO TO EXTEND DATE FOR PRTRIAL ORDER To: Peter Goldstein <peter@petergoldsteinlaw.com> Hi Peter, The stipulation looks fine and you may use my electronic signature Hope you are feeling better. Have a great weekend. Thank you Michael Oh Get Outlook for iOS From: Peter Goldstein <peter@petergoldsteinlaw.com> Sent: Friday, August 26, 2022 9:35:17 AM https://mail.google.com/mail/u/0/?ik=8d1966d84b&view=pt&search=all&permthid=thread-f%3A1742522755013751853&simpl=msg-f%3A1742522755… 1/2 8/29/22, 12:01 PM Law Office of Peter Goldstein Mail - Fwd: PROPOSED SAO TO08/31/22 EXTEND DATEPage FOR PRTRIAL Case 2:18-cv-01625-JCM-BNW Document 92 Filed 93 08/29/22 6 of 6ORDER To: Michael Oh <Michael.Oh@cityofhenderson.com> Subject: PROPOSED SAO TO EXTEND DATE FOR PRTRIAL ORDER EXTERNAL EMAIL – USE CAUTION Michael Let me know if I have your authority to file with your e signature. PETER GOLDSTEIN LAW CORP 10161 Park Run Drive, Suite 150 Las Vegas, NV 89145 Tel: (702) 474-6400 Fax: (888) 400-8799 www.petergoldsteinlaw.com 400 Corporate Pointe, Ste. 300 Culver City, CA 90230 Tel: (310)552-2050 Fax: (888) 400-8799 www.petergoldsteinlaw.com City of Henderson Survey PUBLIC RECORDS NOTICE: In accordance with NRS Chapter 239, this email and responses, unless otherwise made confidential by law, may be subject to the Nevada Public Records laws and may be disclosed to the public upon request. https://mail.google.com/mail/u/0/?ik=8d1966d84b&view=pt&search=all&permthid=thread-f%3A1742522755013751853&simpl=msg-f%3A1742522755… 2/2
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