Taylor v. Las Vegas Metropolitan Police Department et al, No. 2:2019cv00995 - Document 88 (D. Nev. 2019)
Court Description: ORDER Granting 87 Stipulation for Extension of Time re 84 Order (First Request). IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the briefing schedule related to plaintiff's motion for preliminary injunction is STAYED and the hearing cur rently scheduled for 11/20/2019 at 1:30 p.m. is VACATED. IT IS FURTHER ORDERED that 84 the Temporary Restraining Order shall remain in effect until the Parties reach a settlement in this matter or the Court issues an order on plaintiffs motion for preliminary injunction, whichever occurs first. IT IS FURTHER ORDERED that the Court will refer the instant matter to a Magistrate Judge, other than the assigned Magistrate Judge Nancy Koppe, for a settlement conference pursuant to the Parties' request. Signed by Judge James C. Mahan on 11/14/2019. (Copies have been distributed pursuant to the NEF - MR)
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10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING Taylor v. Las Vegas Metropolitan Police Department et al Doc. 88 1 Marquis Aurbach Coffing Nick D. Crosby, Esq. 2 Nevada Bar No. 8996 Jackie V. Nichols, Esq. 3 Nevada Bar No. 14246 10001 Park Run Drive 4 Las Vegas, Nevada 89145 Telephone: (702) 382-0711 5 Facsimile: (702) 382-5816 ncrosby@maclaw.com 6 jnichols@maclaw.com Attorneys for LVMPD Defendants 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 LARIME TAYLOR, an individual, Case Number: 10 2:19-cv-00995-JCM-NJK Plaintiff, 11 vs. STIPULATION AND ORDER 12 LAS VEGAS METROPOLITAN POLICE 13 DEPARTMENT, in its official capacity; CLARK COUNTY, a political subdivision of 14 the State of Nevada; SHERIFF JOSEPH LOMBARDO, in his official capacity as 15 Sheriff of the Las Vegas Metropolitan Police Department; OFFICER THERON YOUNG, 16 as an individual and in his capacity as a Las Vegas Metropolitan Police Department 17 Officer; OFFICER MATTHEW KRAVETZ, as an individual and in his capacity as a Las 18 Vegas Metropolitan Police Department Officer; OFFICER DARRELL LEE DAVIS, 19 as an individual and in his capacity as a Las Vegas Metropolitan Police Department 20 Officer; OFFICER WESTON FERGUSON, as an individual and in his capacity as a Las 21 Vegas Metropolitan Police Department Officer; OFFICER THOMAS ALBRIGHT, 22 as an individual and in his capacity as a Las Vegas Metropolitan Police Department 23 Officer; OFFICER JANETTE GUTIERREZ, as an individual and in her capacity as a Las 24 Vegas Metropolitan Police Department Officer; OFFICER CLINT OWENSBY, as an 25 individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; 26 OFFICER ROBERT THORNE, as an individual and in his capacity as a Las Vegas 27 Metropolitan Police Department Officer; Page 1 of 7 MAC:14687-223 Stipulation and Order (14687-223) 11/13/2019 4:06 PM Dockets.Justia.com Case 2:19-cv-00995-JCM-NJK Document 87 Filed 11/13/19 Page 2 of 7 1 OFFICER JACOB BITTNER, as an individual and in his capacity as a Las Vegas 2 Metropolitan Police Department Officer; OFFICER GERARDO REYES, as an 3 individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; 4 OFFICER MORGAN MCCLARY, as an individual and in his capacity as a Las Vegas 5 Metropolitan Police Department Officer; OFFICER JAKE FREEMAN, as an 6 individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; and 7 OFFICER CHRISTOPHER LONGI, as an individual and in his capacity as a Las Vegas 8 Metropolitan Police Department Officer, 9 Defendants. 10 Plaintiff Larime Taylor, by and through his attorneys of record, Margaret A. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING STIPULATION AND ORDER 11 12 McLetchie, Esq. and Alina M. Shell, Esq., of McLetchie Law, and Defendants Las Vegas 13 14 15 16 17 18 19 20 21 Metropolitan Police Department (“LVMPD or the “Department”), Sheriff Joseph Lombardo (“Lombardo”), Officer Theron Young (“Young”), Officer Matthew Kravetz (“Kravetz”), Officer Darrell Lee Davis (“Davis”), Officer Weston Ferguson (“Ferguson”), Officer Thomas Albright (“Albright”), Officer Janette Gutierrez (“Gutierrez”), Officer Clint Owensby (“Owensby”), Officer Robert Thorne (“Thorne”), Officer Jacob Bittner (“Bittner”), Officer Gerardo Reyes (“Reyes”), Officer Morgan McClary (“McClary”), Officer Jake Freeman (“Freeman”), and Officer Christopher Longi (“Longi”) (collectively “LVMPD Defendants”), by and through their counsel of record, Nick D. Crosby, Esq. and Jackie V. Nichols, Esq., of Marquis Aurbach Coffing, hereby stipulate to the following: 22 1. On October 30, 2019, Plaintiff filed a Motion for Temporary Restraining 23 Order (ECF No. 78) and Motion for Preliminary Injunction (ECF No. 79) regarding 24 LVMPD Defendants application and enforcement of Chapter 16 of Clark County Code 25 26 (“CCC”) against Plaintiff. 27 Page 2 of 7 MAC:14687-223 Stipulation and Order (14687-223) 11/13/2019 4:06 PM Case 2:19-cv-00995-JCM-NJK Document 87 Filed 11/13/19 Page 3 of 7 1 2. On November 7, 2019, the Court issued a Temporary Restraining Order 2 restraining defendants, their agents, officials, and employees from enforcing Chapter 16 of 3 the CCC against plaintiff’s First Amendment activity on the Las Vegas Strip. (ECF No. 84) 4 3. The Court further ordered the defendants to appear on November 20, 2019, at 5 1:30 p.m. in Courtroom No. 6A and show cause why a preliminary injunction should not be 6 granted that restrains and enjoins defendants from enforcing Chapter 16 of the CCC against 7 plaintiff’s First Amendment activity on the Las Vegas Strip. Id. 8 4. The defendants were further ordered to file their oppositions, if any to 9 plaintiff’s motion for preliminary injunction by 5:00 p.m. on November 13, 2019 and the 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 plaintiff was directed to file his reply, if any, by 5:00 p.m. on November 18, 2019. Id. 5. The Parties hereby agree and stipulate to attend a settlement conference with 12 an assigned Magistrate Judge, other than the currently assigned Magistrate Judge Nancy 13 Koppe, in accordance with this Court’s referral, and request that the Court order that a 14 settlement conference be conducted.1 15 6. In order to facilitate settlement and avoid waste of the parties’ resources’, the 16 Parties hereby agree and stipulate to stay the briefing and vacate the currently scheduled 17 hearing of November 20, 2019 at 1:30 p.m. ordered by the Court related to plaintiff’s motion 18 for preliminary injunction until a later date, if necessary, as agreed by the Parties. 19 7. The Parties hereby agree and stipulate to extend the Temporary Restraining 20 Order (ECF No. 84) until the Parties reach a settlement in this matter or the Court issues an 21 order on plaintiff’s motion for preliminary injunction, whichever occurs first. 22 23 24 25 1 Plaintiff invited the County to join in this Stipulation. While the County has been dismissed, Plaintiff contends declaratory and other relief may be necessary in light of the County’s 26 unconstitutional interpretation of the CCC and Plaintiff wishes to resolve all issues in this litigation if 27 at all possible. Page 3 of 7 MAC:14687-223 Stipulation and Order (14687-223) 11/13/2019 4:06 PM Case 2:19-cv-00995-JCM-NJK Document 87 Filed 11/13/19 Page 4 of 7 1 8. The Parties also hereby agree and stipulate and make joint application to stay 2 discovery and the other deadlines set forth in the operative Order setting dates for this matter 3 (ECF No. 45) until such time as the parties conclude the proposed settlement conference.2 4 9. The stay of discovery and other deadlines will allow the parties to explore the 5 possibility of settlement through mediation, without incurring the time and expense of 6 ongoing discovery prior to the mediation. 7 10. Within fifteen (15) days after completion of the settlement conference, if it is 8 not successful, the parties will submit new discovery deadlines, including the discovery 9 cutoff deadline (providing ample time to complete written discovery and depositions), 11 The applicable dates will be extended for the commensurate time period that they were 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 deadline for filing dispositive motions, and the deadline for filing the Joint Pretrial Order. 12 stayed. 13 / / / 14 / / / 15 / / / 16 17 /// /// 18 /// 19 20 /// 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 2 However, Defendants will still provide responses to outstanding discovery requests from 27 Plaintiff. Page 4 of 7 MAC:14687-223 Stipulation and Order (14687-223) 11/13/2019 4:06 PM Case 2:19-cv-00995-JCM-NJK Document 87 Filed 11/13/19 Page 5 of 7 1 11. The Parties hereby agree and request that this Court refer the instant matter to 2 a Magistrate Judge, other than the currently assigned Magistrate Judge Nancy Koppe, for a 3 settlement conference. 4 IT IS SO STIPULATED. 5 Dated this 13th day of November, 2019 6 MCLETCHIE LAW 7 8 9 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 12 By: /s/ Margaret A. McLetchie Margaret A. McLetchie, Esq. Nevada Bar No. 10931 Alina M. Shell, Esq. Nevada Bar No. 11711 701 E. Bridger Avenye, Suite 520 Las Vegas, Nevada 89101 Attorneys for Plaintiff Larime Taylor Dated this 13th day of November, 2019 13 MARQUIS AURBACH COFFING 14 By: /s/ Jackie V. Nichols Nick D. Crosby, Esq. Nevada Bar No. 8996 16 Jackie V. Nichols, Esq. Nevada Bar No. 14246 17 10001 Park Run Drive Las Vegas, Nevada 89145 18 Attorneys for LVMPD Defendants 19 15 20 21 22 23 24 25 26 27 Page 5 of 7 MAC:14687-223 Stipulation and Order (14687-223) 11/13/2019 4:06 PM 1 2 ORDER IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the briefing 3 schedule related to plaintiff’s motion for preliminary injunction is STAYED and the hearing 4 currently scheduled for November 20, 2019 at 1:30 p.m. is VACATED. 5 IT IS FURTHER ORDERED that the Temporary Restraining Order (ECF No. 84) 6 shall remain in effect until the Parties reach a settlement in this matter or the Court issues an 7 order on plaintiff’s motion for preliminary injunction, whichever occurs first. 8 IT IS FURTHER ORDERED that the Court will refer the instant matter to a 9 Magistrate Judge, other than the assigned Magistrate Judge Nancy Koppe, for a settlement 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 conference pursuant to the Parties’ request. November 14, IT IS SO ORDERED this ____ day of 2019. ______________________, 2019. 12 13 14 _____________________________ United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 6 of 7 MAC:14687-223 Stipulation and Order (14687-223) 11/13/2019 4:06 PM Case 2:19-cv-00995-JCM-NJK Document 87 Filed 11/13/19 Page 7 of 7 1 2 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing STIPULATION AND 3 ORDER with the Clerk of the Court for the United States District Court by using the court’s 4 CM/ECF system on the 13th day of November, 2019. 5 z I further certify that all participants in the case are registered CM/ECF users 6 and that service will be accomplished by the CM/ECF system. 7 o I further certify that some of the participants in the case are not registered 8 CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, 9 or have dispatched it to a third party commercial carrier for delivery within 3 calendar days 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 to the following non-CM/ECF participants: N/A 12 13 /s/ Krista Busch An employee of Marquis Aurbach Coffing 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 7 of 7 MAC:14687-223 Stipulation and Order (14687-223) 11/13/2019 4:06 PM
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