Hampton v. State of Nevada et al, No. 2:2020cv00578 - Document 94 (D. Nev. 2021)
Court Description: ORDER granting 92 Motion to Extend Time; Motions due by 12/10/2021. Proposed Joint Pretrial Order due by 1/12/2022. Signed by Magistrate Judge Daniel J. Albregts on 10/21/2021. (Copies have been distributed pursuant to the NEF - HAM)
Download PDF
<![CDATA[
Hampton v. State of Nevada et al Doc. 94 Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 1 of 8 1 2 3 4 5 6 7 8 LYSSA S. ANDERSON Nevada Bar No. 5781 KRISTOPHER J. KALKOWSKI Nevada Bar No. 14892 KAEMPFER CROWELL 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 Fax: (702) 796-7181 landerson@kcnvlaw.com kkalkowski@kcnvlaw.com Attorneys for Defendants Detective Todd Edwards and Officer David Lunt 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JERMAINE HAMPTON, Case No. 2:20-cv-00578-APG-DJA 12 Plaintiff, 13 vs. 14 STATE OF NEVADA, et al. Defendants. 15 LVMPD DEFENDANTS’ MOTION TO EXTEND THE DISPOSITIVE MOTIONS DEADLINE AND PRETRIAL ORDER DEADLINE (Fifth Request) 16 17 Detective Todd Edwards and Officer David Lunt (collectively “LVMPD Defendants”), 18 by and through their counsel, Kaempfer Crowell, move for a forty-four day extension of the 19 current deadline to file dispositive motions—from Wednesday, October 27, 2021, to Friday, 20 December 10, 2021—and the pretrial order deadline—from Monday, November 29, 2021, to 21 Wednesday, January 12, 2022. Two reasons support this extension. First, Defendants’ Motions 22 to Dismiss, (ECF Nos. 65, 69), and Plaintiff’s Objection, (ECF No. 80), remain pending before 23 the Court. Resolution of the Motions to Dismiss and Objection could result in dismissal of some 24 or all of Plaintiff Jermaine Hampton’s claims, which would affect the remaining issues left to be KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2948945_1 6943.217 Page 1 of 8 Dockets.Justia.com Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 2 of 8 1 addressed in motions for summary judgment. Second, Defendants are still waiting for a 2 transcript of Jermaine Hampton’s deposition that took place September 22, 2021. That transcript 3 will be instrumental to summary judgment. 4 deposition transcriber, Depo International, earlier this month. But, as of this Motion’s filing 5 date, Depo International has not provided a transcript. LVMPD Defendants’ counsel contacted the 6 LVMPD Defendants attempted to secure a stipulation signed by all parties to extend the 7 deadlines for dispositive motion and the joint pretrial order. Counsel to Codefendants Sarah 8 Overly and Stephanie Getler (“Clark County Defendants”) agreed to the extension through 9 email, but Jermaine Hampton did not answer back to written correspondence. DATED this 19th day of October, 2021. 10 KAEMPFER CROWELL 11 12 By: 13 14 /s/ Lyssa S. Anderson LYSSA S. ANDERSON (Nevada Bar No. 5781) KRISTOPHER J. KALKOWSKI (Nevada Bar No. 14892) 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 15 Attorneys for Defendants Detective Todd Edwards and Officer David Lunt 16 17 18 19 20 21 MEMORANDUM OF POINTS AND AUTHORITIES I. BACKGROUND 22 23 24 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 Procedural History Plaintiff Jermaine Hampton has amended his Complaint several times throughout this lawsuit. Currently, his Third Amended Complaint, (ECF No. 64), serves as the operative 2948945_1 6943.217 Page 2 of 8 Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 3 of 8 1 pleading, in accord with the Court’s March 17, 2021 Order, (ECF No. 63). However, since that 2 Order Plaintiff again moved to amend—this time, through a Fourth Amended Complaint. (Mot. 3 Leave to File Fourth Am. Compl., ECF No. 71). Plaintiff also moved to amend his proposed 4 Fourth Amended Complaint, (ECF No. 72). 5 The Honorable Magistrate Judge Daniel J. Albregts issued a Report and 6 Recommendation (“R&R”), recommending that the Court deny Plaintiff’s request to file a 7 Fourth Amended Complaint. (R&R, ECF No. 77). Plaintiff filed an Objection to that R&R, 8 (ECF No. 80), to which Defendants have filed Responses, (ECF Nos. 81, 84). The Court has not 9 ruled on Plaintiff’s Objection yet. 10 Aside from Plaintiff’s Objection, there are two Motions pending before the Court: (1) 11 Clark County Defendants’ Motion to Dismiss, (ECF No. 65); and (2) LVMPD Defendants’ 12 Motion to Dismiss, (ECF No. 69). 13 The Court gave four extensions of deadlines during this lawsuit. (Orders, ECF Nos. 35, 14 59, 68, 91). The basis for these prior extensions included the need for additional time to 15 complete written discovery, difficulties scheduling Plaintiff’s deposition in light of his 16 incarcerated status, and discovery deadlines arising while motions remained pending before the 17 Court. 18 During discovery, LVMPD Defendants provided Plaintiff initial Rule 26 disclosures and 19 first, second, third, fourth, and fifth supplemental disclosures. LVMPD Defendants responded to 20 seven separate Requests for Production of Documents from Plaintiff as well as his 21 Interrogatories and Requests for Admissions. LVMPD Defendants served a third-party subpoena 22 on the Nevada Department of Parole & Probation for relevant records to Plaintiff’s claims, and 23 LVMPD Defendants included the response from Nevada Department of Parole & Probation in a 24 supplemental disclosure to Plaintiff. LVMPD Defendants served two sets of Interrogatories, two KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2948945_1 6943.217 Page 3 of 8 Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 4 of 8 1 sets of Requests for Admissions, and one Request for Production of Documents on Plaintiff. 2 Last, LVMPD Defendants took Plaintiff’s deposition on September 22, 2021. Now that the discovery period has closed, the following deadlines govern: 3 4 Dispositive Motion Deadline: October 27, 2021 5 Pre-Trial Order: November 29, 2021 6 Meet-and-Confer Efforts 7 On October 5, 2021, LVMPD Defendants’ counsel emailed Clark County Defendants’ 8 counsel asking for their agreement to a proposed stipulation extending deadlines for the 9 dispositive motion and pretrial order. Clark County Defendants’ counsel agreed to the extension 10 that same day. LVMPD Defendants counsel then mailed a letter to Plaintiff requesting the same 11 and with a proposed stipulation for Plaintiff to sign. That letter gave Plaintiff until October 15, 12 2021, to approve or deny the requested new deadlines. Ex. 1, Letter to Plaintiff, dated October 5, 13 2021. Plaintiff did not provide a response by that deadline, nor has he done so by this Motion’s 14 filing date. 15 II. 16 17 ARGUMENT This Motion arises before the current dispositive motions deadline of October 27, 2021. Thus, in accord with Local Rule 26-3, good cause must support the requested extension: 18 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. 19 20 21 D. Nev. Local Rule 26-3. 22 Here, good cause exists for an extension of the dispositive motions deadline and pretrial 23 order deadline. The parties diligently pursued discovery—as shown through the multiple written 24 discovery responses, subpoenas to third-parties, and supplements to disclosures, and Plaintiff’s KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2948945_1 6943.217 Page 4 of 8 Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 5 of 8 1 deposition. But, at this time, several hurdles prevent the parties from continuing to litigate this 2 case on its merits. LVMPD Defendants have not yet received the transcript of Plaintiff’s 3 deposition. Further, the Defendants’ Motions to Dismiss, (ECF Nos. 65, 69), and Plaintiff’s 4 Objection, (ECF No. 80), remain pending before the Court. These Motions to Dismiss could 5 moot the need for additional dispositive motions, while the success of Plaintiff’s Objection 6 would result in a new pleading governing this case (a Fourth Amended Complaint). A minor 7 extension of the dispositive motions deadline will ensure that these lingering hurdles are resolved 8 before the parties must file motions for summary judgment. 9 No party will suffer prejudice if the Court extends deadlines. By contrast, proceeding 10 with the current deadlines would result in the parties needlessly expending time and resources to 11 prepare dispositive motions only to find, depending on the Court’s ruling with pending Motions 12 to Dismiss and Objection, that arguments are now moot. 13 14 For the reasons stated above, LVMPD Defendants respectfully request that this Court extend deadlines in this case as follows: 15 Activity Current Date Proposed Date 16 Dispositive Motions October 27, 2021 December 10, 2021 Proposed Joint Pretrial Order November 29, 2021 January 12, 2022 17 18 1) Dispositive Motions 19 All pretrial motions, including but not limited to, discovery motions, motions to dismiss, 20 motions for summary judgment, and all other dispositive motions shall be filed and served no 21 later than thirty days after the close of discovery, or by December 10, 2021. 22 2) Motions in Limine 23 Under LR 16-3(b), any motions in limine, including Daubert motions, shall be filed and 24 served thirty days prior to the commencement of Trial. Oppositions shall be filed and served and KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2948945_1 6943.217 Page 5 of 8 Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 6 of 8 1 the motion submitted for decision fourteen days thereafter. Reply briefs will be allowed only 2 with leave of the Court. 3) 3 Pretrial Order 4 Pursuant to LR 26(1)(e)(5), the Joint Pretrial Order shall be filed with this Court no later 5 than thirty days after the date set for filing dispositive motions, or by January 12, 2022, unless 6 dispositive motions are filed, in which case the date for filing the Joint Pretrial Order shall be 7 suspended until thirty days after the decision on the dispositive motions or further order of this 8 Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections shall be included 9 in the final pretrial order. 4) 10 Extensions or Modification of the Discovery Plan and Scheduling Order 11 In accordance with LR 26-3, applications to extend any date set by the discovery plan, 12 scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be 13 supported by a showing of good cause for the extension. All motions or stipulations to extend a 14 deadline set forth in a discovery plan shall be received by the Court not later than twenty-one 15 days before the expiration of the subject deadline. A request made after the expiration of the 16 subject deadline shall not be granted unless the movant demonstrates that the failure to set was 17 the result of excusable neglect. Any motion or stipulation to extend a deadline or to reopen 18 discovery shall include: 19 (a) A statement specifying the discovery completed; 20 (b) A specific description of the discovery that remains to be completed; 21 (c) The reasons why the deadline was not satisfied or the remaining discovery was 22 23 not completed within the time limits set by the discovery plan; and (d) A proposed scheduled for completing all discovery. 24 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2948945_1 6943.217 Page 6 of 8 Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 7 of 8 1 2 III. CONCLUSION For the reasons stated above, LVMPD Defendants move for a forty-four day extension of 3 the deadline to file dispositive motions—from Wednesday, October 27, 2021, to Friday, 4 December 10, 2021—and the pretrial order deadline—from Monday, November 29, 2021, to 5 Wednesday, January 12, 2022. 6 DATED this 19th day of October, 2021. KAEMPFER CROWELL 7 8 By: 9 10 /s/ Lyssa S. Anderson LYSSA S. ANDERSON (Nevada Bar No. 5781) KRISTOPHER J. KALKOWSKI (Nevada Bar No. 14892) 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 11 Attorneys for Defendants Detective Todd Edwards and Officer David Lunt 12 13 14 15 16 INDEX OF EXHIBITS Ex. 1 – Letter to Plaintiff, dated October 5, 2021 17 18 19 IT IS SO ORDERED. 20 DATED: October 21, 2021 21 ______________________________ Daniel J. Albregts United States Magistrate Judge 22 23 24 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2948945_1 6943.217 Page 7 of 8 Case 2:20-cv-00578-APG-DJA Document 92 Filed 10/19/21 Page 8 of 8 CERTIFICATE OF SERVICE 1 I certify that I am an employee of KAEMPFER CROWELL, and that on the date below, I 2 3 caused 4 DISPOSITIVE MOTIONS DEADLINE AND PRETRIAL ORDER DEADLINE 5 (Fifth Request) to be served via CM/ECF and/or First Class Mail (where indicated) addressed 6 to the following: 7 Jermaine Hampton, #1221724 Southern Desert Correctional Center P.O. Box 208 Indian Springs, NV 89070 8 the foregoing LVMPD DEFENDANTS’ MOTION TO EXTEND THE Steven B. Wolfson Scott R. Davis CLARK CO. DIST. ATTORNEY, CIV. DIV. 500 S. Grand Central Pkwy., Ste. 5075 Las Vegas, NV 89155-2215 (702) 455-4761 ph (702) 382-5178 fax Scott.Davis@ClarkCountyDA.com 9 Plaintiff, Pro Se 10 (Via U.S., First Class Mail) 11 Attorneys for Defendants Sarah Overly and Stephanie Getler 12 13 DATED this 19th day of October, 2021. 14 /s/ Luisa Cota an employee of Kaempfer Crowell 15 16 17 18 19 20 21 22 23 24 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2948945_1 6943.217 Page 8 of 8 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 1 of 9 EXHIBIT 1 Letter to Plaintiff, dated October 5, 2021 EXHIBIT 1 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 2 of 9 L AS VEG AS OFFICE 1980 Festival Plaza Drive Suit e 650 Las Vegas, NV 89135 Tel: 702.792.7000 Fax: 702.796.7181 RENO OFFICE 50 W est Libert y Street Suit e 700 Reno, NV 89501 Tel: 775.852.3900 Fax: 775.327.2011 KRISTOPHER J. KALKOWSKI kkalkowski@kcnvlaw.com 702.792-7008 C ARSON CI TY OFFI CE 510 W est Fourth Street Carson City, NV 89703 Tel: 775.884.8300 Fax: 775.882.0257 October 5, 2021 VIA FIRST CLASS MAIL Jermaine Hampton, #1221724 Southern Desert Correctional Center P.O. Box 208 Indian Springs, NV 89070 Re: Jermaine Hampton v. State of Nevada, et al. Dear Mr. Hampton: This letter concerns your lawsuit in the Federal District Court for the District of Nevada, Case No. 2:20-cv-00578-APG-DJA. The current deadline for parties to file a dispositive motion (such as a motion for summary judgment) is October 27, 2021. (See Order, ECF No. 91). However, we are still waiting on a certified transcript from your September 22, 2021 deposition. Also, the following motions are still pending before the Court: Jermaine Hampton’s Objection, (ECF No. 80), regarding the Report and Recommendation denying Hampton’s Motions to Amend, (ECF Nos. 71, 72); Clark County Defendants’ Motion to Dismiss, (ECF No. 65); LVMPD Defendants’ Motion to Dismiss, (ECF No. 69). In light of these pending motions and time needed to finalize your deposition transcript, I’m requesting your agreement to a 44-day extension of the disposition motions deadline in your case. This extension will allow you and all defendants necessary time to evaluate the claims in this case and potentially receive decisions on pending issues. To approve this request for an extension of the dispositive motions deadline, please sign the attached draft Stipulation and mail it back to my office by October 15, 2021. You may also call my office at any time between 8:30 AM to 5:30 PM to discuss and approve the draft Stipulation. My office phone number is (702) 792-7008. This draft Stipulation details the procedural history of this case, lists the reasons supporting an extension, and asks for a new deadline of December 11, 2021, for any party to file a dispositive motion. 2939747_1.docx 6943.217 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 3 of 9 KAEMPFER CROWELL Jermaine Hampton October 5, 2021 Page 2 If I do not receive a signed Stipulation or call from you by October 15, 2021, I will assume that you denied my request for an extension of time to file dispositive motions. I will then file a motion with the Court asking for an extension of this deadline and noting that you did not approve my prior request. I look forward to hearing from you soon. Very truly yours, KAEMPFER CROWELL /s/ Kristopher J. Kalkowski Kristopher J. Kalkowski KJK:bj Enclosed: Proposed Stipulation to Extension of Dispositive Motions Deadline 2939747_1.docx 6943.217 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 4 of 9 1 2 3 4 5 6 7 8 LYSSA S. ANDERSON Nevada Bar No. 5781 KRISTOPHER J. KALKOWSKI Nevada Bar No. 14892 KAEMPFER CROWELL 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 Fax: (702) 796-7181 landerson@kcnvlaw.com kkalkowski@kcnvlaw.com Attorneys for Defendants Detective Todd Edwards and Officer David Lunt 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JERMAINE HAMPTON , Case No. 2:20-cv-00578-APG-DJA Plaintiff, 12 vs. 13 STATE OF NEVADA, et al. STIPULATION TO EXTEND THE DISPOSITIVE MOTIONS DEADLINE AND PRETRIAL ORDER DEADLINE 14 Defendants. 15 16 IT IS HEREBY STIPULATED AND AGREED between Defendants, Detective Todd 17 Edwards and Officer David Lunt (collectively “LVMPD Defendants”), by and through their 18 counsel, Kaempfer Crowell; Defendants Sarah Overly and Stephanie Getler, by and through their 19 counsel, the Clark County District Attorney’s Office; and Plaintiff Jermaine Hampton, pro se, 20 that the dispositive motions deadline be continued for a period of forty-four days up to and 21 including Friday, December 10, 2021, and the pretrial order deadline be continued for a period 22 of forty-two days up to and including Monday, January 10, 2022. 23 PROCEDURAL HISTORY 24 Plaintiff Jermaine Hampton has amended his Complaint several times throughout this KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2938871_1.docx 6943.217 Page 1 of 6 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 5 of 9 1 lawsuit. Currently, his Third Amended Complaint, (ECF No. 64), serves as the operative 2 pleading, in accord with the Court’s March 17, 2021 Order, (ECF No. 63). However, since that 3 Order, Plaintiff has again moved to amend—this time, through a Fourth Amended Complaint. 4 (Mot. Leave to File Fourth Am. Compl., ECF No. 71). Plaintiff has also moved to amend his 5 proposed Fourth Amended Complaint, (ECF No. 72). 6 The Honorable Magistrate Judge Daniel J. Albregts issued a Report and 7 Recommendation (“R&R”), recommending that the Court deny Plaintiff’s request to file a 8 Fourth Amended Complaint. (R&R, ECF No. 77). Plaintiff filed an Objection to that R&R, 9 (ECF No. 80), to which the Clark County Defendants have filed a Response, (ECF No. 81), as 10 did LVMPD Defendants, (ECF No. 84). The Court has not yet ruled on the Objection. 11 Aside from Plaintiff’s Objection, pending before the Court are two Motions: (1) Clark 12 County Defendants’ Motion to Dismiss, (ECF No. 65); and (2) LVMPD Defendants’ Motion to 13 Dismiss, (ECF No. 69). The Court has not yet ruled on these Motions. 14 The Court has given four extensions of discovery deadlines during this lawsuit. (Orders, 15 ECF Nos. 35, 59, 68, 91). The basis for these prior extensions included the parties need for 16 additional time to complete written discovery, difficulties scheduling Plaintiff’s deposition in 17 light of his incarcerated status, and discovery deadlines arising while motions remained pending 18 before the Court. The following deadlines govern at this time: 19 Dispositive Motion Deadline: October 27, 2021 20 Pre-Trial Order: November 29, 2021 21 DISCOVERY HAS BEEN COMPLETED 22 The deadline to complete Discovery in this matter has passed. LVMPD Defendants have 23 provided their initial Rule 26 disclosures and their first, second, third, fourth, and fifth 24 supplemental disclosures to Plaintiff. LVMPD Defendants responded to seven separate Requests KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2938871_1.docx 6943.217 Page 2 of 6 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 6 of 9 1 for Production of Documents from Plaintiff as well as his Interrogatories and Requests for 2 Admissions. LVMPD Defendants served a third-party subpoena on the Nevada Department of 3 Parole & Probation for relevant records to Plaintiff’s claims, and LVMPD Defendants included 4 the response from Nevada Department of Parole & Probation in a supplemental disclosure to 5 Plaintiff. LVMPD Defendants served two sets of Interrogatories, two sets of Requests for 6 Admissions, and one Request for Production of Documents on Plaintiff. Plaintiff responded to 7 LVMPD Defendants written discovery. LVMPD Defendants took Plaintiff’s deposition on 8 September 22, 2021. 9 10 11 12 13 14 15 AN EXTENSION OF DEADLINES IS WARRANTED This Stipulation arises before the current dispositive motions deadline of October 27, 2021. Thus, in accord with Local Rule 26-3, only good cause must support it: 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. D. Nev. Local Rule 26-3. 16 Here, good cause exists for an extension of the dispositive motions deadline and pretrial 17 order deadline. The parties diligently pursued discovery—as shown through the multiple written 18 discovery responses, subpoenas to third-parties who hold relevant documents, and continued 19 supplements to disclosures. But, at this time, several hurdles prevent the parties from continuing 20 to litigate this case on its merits under current deadlines. LVMPD Defendants have not yet 21 received the transcript of Plaintiff’s deposition. Further, the Defendants’ Motions to Dismiss, 22 (ECF Nos. 65, 69), and Plaintiff’s Objection, (ECF No. 80), remain pending before the Court. 23 These Motions to Dismiss could moot the need for additional dispositive motions if granted, 24 while the success of Plaintiff’s Objection would result in a new pleading governing this case (a KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2938871_1.docx 6943.217 Page 3 of 6 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 7 of 9 1 Fourth Amended Complaint). A minor postponement of the dispositive motions deadline in this 2 case will ensure that these lingering hurdles can be resolved before the parties elect to file 3 motions for summary judgment. 4 Moreover, no party will be prejudiced if deadlines are extended. In fact, the opposite will 5 be true: the parties could needlessly expend time and resources to prepare dispositive motions 6 only to find, depending on the Court’s ruling on the pending Motions and Objection, that the 7 operative complaint is amended or a dispositive motion is rendered moot. 8 PROPOSED EXTENDED DEADLINES 9 LVMPD Defendants respectfully request that this Court extend deadlines in this case as 10 follows: 11 Activity Current Date Proposed Date 12 Dispositive Motions October 27, 2021 December 10, 2021 Proposed Joint Pretrial Order November 29, 2021 January 10, 2022 13 14 1) Dispositive Motions 15 All pretrial motions, including but not limited to, discovery motions, motions to dismiss, 16 motions for summary judgment, and all other dispositive motions shall be filed and served no 17 later than thirty days after the close of discovery, or by December 10, 2021. 18 2) Motions in Limine 19 Under LR 16-3(b), any motions in limine, including Daubert motions, shall be filed and 20 served thirty days prior to the commencement of Trial. Oppositions shall be filed and served and 21 the motion submitted for decision fourteen days thereafter. Reply briefs will be allowed only 22 with leave of the Court. 23 24 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 3) Pretrial Order Pursuant to LR 26(1)(e)(5), the Joint Pretrial Order shall be filed with this Court no later 2938871_1.docx 6943.217 Page 4 of 6 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 8 of 9 1 than thirty days after the date set for filing dispositive motions, or by January 10, 2022, unless 2 dispositive motions are filed, in which case the date for filing the Joint Pretrial Order shall be 3 suspended until thirty days after the decision on the dispositive motions or further order of this 4 Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections shall be included 5 in the final pretrial order. 4) 6 Extensions or Modification of the Discovery Plan and Scheduling Order 7 In accordance with LR 26-3, applications to extend any date set by the discovery plan, 8 scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be 9 supported by a showing of good cause for the extension. All motions or stipulations to extend a 10 deadline set forth in a discovery plan shall be received by the Court not later than twenty-one 11 days before the expiration of the subject deadline. A request made after the expiration of the 12 subject deadline shall not be granted unless the movant demonstrates that the failure to set was 13 the result of excusable neglect. Any motion or stipulation to extend a deadline or to reopen 14 discovery shall include: 15 (a) A statement specifying the discovery completed; 16 (b) A specific description of the discovery that remains to be completed; 17 (c) The reasons why the deadline was not satisfied or the remaining discovery was 18 not completed within the time limits set by the discovery plan; and 19 (d) 20 This request for an extension is made in good faith and joined by all the parties in this 21 case. The Request is timely pursuant to LR 26-3. Trial is not yet set in this matter and 22 dispositive motions have not yet been filed. Accordingly, this extension will not delay this case. 23 Moreover, since this request is a stipulated request, none of the parties will be prejudiced. The 24 extension will allow the parties the necessary time to complete discovery and fully vet a possible KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 A proposed scheduled for completing all discovery. 2938871_1.docx 6943.217 Page 5 of 6 Case 2:20-cv-00578-APG-DJA Document 92-1 Filed 10/19/21 Page 9 of 9 1 resolution of this matter. 2 This request for an extension is made in good faith and joined by all the parties in this 3 case. Further, the request is timely pursuant to LR 26-3, and it will allow the parties the 4 necessary time to complete discovery and pursue this case on its merits. 5 DATED this _____ day of October, 2021. DATED this _____ day of October, 2021. 6 KAEMPFER CROWELL CLARK CO. DIST. ATTORNEY, CIV. DIV. By: By: 7 8 12 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 Detective Todd Edwards and Officer David Lunt 13 DATED this _____ day of October, 2021. 14 PLAINTIFF 9 10 11 15 16 17 18 STEVEN B. WOLFSON Nevada Bar No. 1565 SCOTT R. DAVIS Nevada Bar No. 10019 500 S. Grand Central Pkwy. Ste. 5075 Las Vegas, NV 89155-2215 Attorneys for Defendants Sarah Overly and Stephanie Getler By: Jermaine Hampton, #1221724 Southern Desert Correctional Center P.O. Box 208 Indian Springs, NV 89070 Plaintiff, Pro Se 19 20 IT IS SO ORDERED. 21 DATED this ____ day of October, 2021. 22 _____________________________________ UNITED STATES MAGISTRATE JUDGE 23 24 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 2938871_1.docx 6943.217 Page 6 of 6
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
