Semper et al v. Las Vegas Metropolitan Police Department et al, No. 2:2020cv01875 - Document 121 (D. Nev. 2023)
Court Description: ORDER granting 120 Stipulation to Extend Discovery Plan and Scheduling Order Deadlines. Discovery due by 10/5/2023. Motions due by 11/3/2023. Proposed Joint Pretrial Order due by 12/4/2023. Signed by Magistrate Judge Elayna J. Youchah on 9/13/2023. (Copies have been distributed pursuant to the NEF - CAH)
Download PDF
<![CDATA[
Semper et al v. Las Vegas Metropolitan Police Department et al Doc. 121 Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 1 of 14 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 1 Marquis Aurbach Craig R. Anderson, Esq. 2 Nevada Bar No. 6882 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 canderson@maclaw.com 6 jnichols@maclaw.com Attorneys for Defendants Las Vegas Metropolitan 7 Police Department, Andrew Bauman, Matthew Kravetz, Supreet Kaur, David Jeong, and Theron Young 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 CONNIE SEMPER1, an individual; ASHLEY MEDLOCK, an individual; LONICIA 11 BOWIE, an individual; MICHAEL GREEN, an individual; CLINTON REECE, an 12 individual; COREY JOHNSON, an individual; DEMARLO RILEY, an 13 individual; CORY BASS, an individual; CARLOS BASS, an individual; BREANNA 14 NELLUMS, an individual; and ANTONIO WILLIAMS, an individual, 15 Plaintiffs, 16 vs. Case Number: 2:20-cv-01875-JCM-EJY STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES (FIFTH REQUEST) 17 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, in its official capacity; 18 ANDREW BAUMAN, individually and in his capacity as a Las Vegas Metropolitan 19 Police Department Officer; DAVID JEONG, individually and in his capacity as a Las 20 Vegas Metropolitan Police Department Officer; SUPREET KAUR, individually and 21 in his capacity as a Las Vegas Metropolitan Police Department Officer; MATTHEW 22 KRAVETZ, individually and in his capacity as a Las Vegas Metropolitan Police 23 Department Officer; and THERON YOUNG, individually and in his capacity as a Las 24 Vegas Metropolitan Police Department Officer, 25 Defendants. 26 1 Pursuant to FRCP 25, Ms. Semper has been substituted for Phillip Semper pursuant to this court’s 27 order date January 13, 2022, as she is the executrix of his estate. Page 1 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Dockets.Justia.com Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 2 of 14 STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES 1 2 (FIFTH REQUEST) 3 The Represented Plaintiffs, Connie Denise Semper, as Special Administrator for the 4 Estate of Phillip Semper, Corey Johnson, Ashley Medlock, Michael Green, Demarlo Riley, 5 6 7 8 9 Clinton Reece, and Lonicia Bowie (“Plaintiffs”) and Defendants, the Las Vegas Metropolitan Police Department (the “Department” or “LVMPD”), Sheriff Joseph Lombardo (“Lombardo”), Andrew Bauman (“Bauman”), Matthew Kravetz (“Kravetz”), Supreet Kaur (“Kaur”), David Jeong (“Jeong”), and Theron Young (“Young”), collectively (“LVMPD Defendants”), by their respective counsel, hereby stipulate and agree to extend the Discovery 10 Plan and Scheduling Order deadlines an additional twenty-one (21) days. This Stipulation is 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH being entered in good faith and not for purposes of delay (supplemented information noted in 12 bold-face type). 13 I. 14 STATUS OF DISCOVERY. A. PLAINTIFFS’ DISCOVERY. 1. Plaintiffs’ Initial Disclosure of Witnesses and Documents Pursuant to FRCP 15 16 26.1(a)(1) dated July 6, 2021; 17 2. Plaintiffs’ First Set of Interrogatories to Defendant Andrew Bauman dated July 18 22, 2021; 19 3. Plaintiffs’ First Set of Requests for Production to Defendant Andrew Bauman 20 dated July 22, 2021; 21 4. Plaintiffs’ First Set of Interrogatories to Defendant David Jeong dated July 22, 5. Plaintiffs’ First Set of Requests for Production to Defendant David Jeong dated 22 2021; 23 24 July 22, 2021; 25 6. Plaintiffs’ First Set of Interrogatories to Defendant Supreet Kaur dated July 22, 26 2021; 27 Page 2 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 3 of 14 1 7. Plaintiffs’ First Set of Requests for Production to Defendant Supreet Kaur 2 dated July 22, 2021; 3 8. Plaintiffs’ First Set of Interrogatories to Defendant Matthew Kravetz dated July 4 22, 2021; 5 9. Plaintiffs’ First Set of Requests for Production to Defendant Matthew Kravetz 6 dated July 22, 2021; 7 10. Plaintiffs’ First Set of Interrogatories to Defendant LVMPD dated July 22, 11. Plaintiffs’ First Set of Requests for Production to Defendant LVMPD dated 8 2021; 9 10 July 22, 2021; 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 12. Plaintiffs’ First Set of Interrogatories to Defendant Theron Young dated July 12 22, 2021; 13 13. Plaintiffs’ First Set of Requests for Production to Defendant Theron Young 14 dated July 22, 2021; 15 14. Plaintiffs’ First Supplemental Disclosure of Witnesses and Documents 16 Pursuant to FRCP 26.1(a)(1) dated July 30, 2021; 17 15. Plaintiffs’ Second Set of Interrogatories to LVMPD dated July 30, 2021; 18 16. Plaintiffs’ Second Set of Requests for Production of Documents to LVMPD 19 dated July 30, 2021; 20 17. Plaintiffs' Third Set of Requests for Production to LVMPD dated October 22, 18. Plaintiffs' Fourth Set of Requests for Production of Documents to LVMPD 21 2021; 22 23 dated March 31, 2022; 24 19. Plaintiffs' Second Supplemental FRCP 26.1 Disclosures dated March 31, 2022; 25 20. Plaintiff Corey Johnson's Answers to Defendants' First Set of Requests for 26 Admissions dated April 15, 2022; 27 Page 3 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 4 of 14 1 21. Plaintiff Corey Johnson's Answers to Defendants' First Set of Interrogatories 2 dated April 15, 2022; 3 22. Plaintiff Connie Semper's Answers to Defendants' First Set of Requests for 4 Admissions dated April 15, 2022; 5 23. Plaintiff Connie Semper's Answers to Defendants' First Set of Interrogatories 6 dated April 15, 2022; 7 24. Plaintiff Michael Green's Answers to Defendants' First Set of Requests for 8 Admissions dated April 15, 2022; 9 25. Plaintiff Michael Green's Answers to Defendants' First Set of Interrogatories 10 dated April 15, 2022; 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 26. Plaintiff Ashley Medlock's Answers to Defendants' First Set of Requests for 12 Admissions dated April 15, 2022; 13 27. Plaintiff Ashley Medlock's Answers to Defendants' First Set of Interrogatories 14 dated April 15, 2022; 15 28. Plaintiff Lonicia Bowie's Answers to Defendants' First Set of Requests for 16 Admissions dated April 15, 2022; 17 29. Plaintiff Lonicia Bowie's Answers to Defendants' First Set of Interrogatories 18 dated April 15, 2022; 19 30. Plaintiff Clinton Reece's Answers to Defendants' First Set of Requests for 20 Admissions dated April 15, 2022; 21 31. Plaintiff Clinton Reece's Answers to Defendants' First Set of Interrogatories 22 dated April 15, 2022; 23 32. Plaintiff Demarlo Riley's Answers to Defendants' First Set of Requests for 24 Admissions dated April 15, 2022; 25 33. Plaintiff Demarlo Riley's Answers to Defendants' First Set of Interrogatories 26 dated April 15, 2022; 27 34. Plaintiffs' Third Set of Interrogatories to LVMPD dated February 8, 2023; Page 4 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 5 of 14 1 35. Plaintiffs' Second Set of Interrogatories to Defendant Andrew Bauman dated 2 February 16, 2023; 3 36. Plaintiffs' First Set of Requests for Admissions to Defendant Andrew Bauman 4 dated February 16, 2023; 5 37. Plaintiffs' Fifth Set of Requests for Production to LVMPD dated February 27, 38. Michael Green's First Amended Answers to LVMPD's First Set of 6 2023; 7 8 Interrogatories dated March 23, 2023; 9 39. Plaintiffs' Third Supplemental FRCP 26.1 Disclosures dated February 27, 11 40. Plaintiffs’ Expert Witness 26.1 FRCP Disclosures dated July 17, 2023; 12 41. Plaintiffs’ Fourth Supplemental FRCP 26.1 Disclosures dated July 31, 14 42. Plaintiffs' Fourth Set of Interrogatories to LVMPD dated August 9, 2023; 15 43. Plaintiffs' Sixth Set of Requests for Production to LVMPD dated August 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 10 2023; 13 2023; 16 9, 2023; 17 44. Plaintiffs' First Set of Requests for Admissions to LVMPD dated August 18 9, 2023; 19 45. Plaintiffs’ Fifth Supplemental FRCP 26.1 Disclosures dated August 24, 46. Corey Johnson's Amended Answers to LVMPD's First Set of Requests for 20 2023; 21 22 Admissions dated August 28, 2023; 23 47. Connie Semper's Amended Answers to LVMPD's First Set for Requests 24 for Admissions dated August 29, 2023; 25 48. Demarlo Riley's Amended Answers to LVMPD's First Set for Requests 26 for Admissions dated August 29, 2023; 27 Page 5 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 6 of 14 1 49. Clinton Reece's Amended Answers to LVMPD's First Set for Requests for 2 Admissions dated August 29, 2023; 3 50. Ashley Medlock's Amended Answers to LVMPD's First Set for Requests 4 for Admissions dated August 29, 2023; 5 51. Michael Green's Amended Answers to LVMPD's First Set for Requests 6 for Admissions dated August 29, 2023; and 7 52. Lonicia Bowie's Amended Answers to LVMPD's First Set for Requests for 8 Admissions dated August 29, 2023. 9 B. DEFENDANTS’ DISCOVERY. 10 53. LVMPD Defendants’ Initial Disclosure of Witnesses and Documents Pursuant 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 to FRCP 26.1(a)(1) dated July 6, 2021; 12 54. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant 13 Andrew Bauman dated August 31, 2021; 14 55. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to 15 Defendant Andrew Bauman dated August 31, 2021; 16 56. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant 17 David Jeong dated August 31, 2021; 18 57. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to 19 Defendant David Jeong dated August 31, 2021; 20 58. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant 21 Supreet Kaur dated August 31, 2021; 22 59. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to 23 Defendant Supreet Kaur dated August 31, 2021; 24 60. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant 25 Matthew Kravetz dated August 31, 2021; 26 61. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to 27 Defendant Matthew Kravetz dated August 31, 2021; Page 6 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 7 of 14 1 62. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant 2 LVMPD dated August 31, 2021; 3 63. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to 4 Defendant LVMPD dated August 31, 2021; 5 64. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant 6 Theron Young dated August 31, 2021; 7 65. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to 8 Defendant Theron Young dated August 31, 2021; 9 66. Defendants’ First Supplemental Disclosure of Witnesses and Documents 10 Pursuant to FRCP 26.1(a)(1) dated August 31, 2021; 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 67. Defendant’s Answers to Plaintiffs’ Second Set of Interrogatories to LVMPD 12 dated September 1, 2021; 13 68. Defendant’s Responses to Plaintiffs’ Second Set of Requests for Production of 14 Records to LVMPD dated September 1, 2021; 15 69. Theron Young's Amended Answers to Plaintiffs' First Set of Interrogatories 16 dated September 8, 2021; 17 70. LVMPD's Amended Answers to Plaintiffs' First Set of Interrogatories dated 18 September 16, 2021; 19 71. LVMPD's Supplemental Responses to Plaintiffs' First Set of Requests for 20 Production dated November 2, 2021; 21 72. LVMPD Defendants' Second Supplemental FRCP 26.1 Disclosures dated 22 November 3, 2021; 23 73. LVMPD's Responses to Plaintiffs' Third Set of Requests for Production dated 24 November 23, 2021; 25 74. LVMPD Defendants' Third Supplemental FRCP 26.1 Disclosures dated 26 November 23, 2021; 27 Page 7 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 8 of 14 1 75. LVMPD Defendants' Fourth Supplemental FRCP 26.1 Disclosures dated 2 February 3, 2023; 3 76. LVMPD Defendants' Fifth Supplemental FRCP 26.1 Disclosures dated March 4 14, 2022; 5 77. LVMPD Defendants' First Set of Interrogatories to Plaintiff Connie Denise 6 Semper, as Special Administrator for the Estate of Phillip Semper dated March 16, 2022; 7 78. LVMPD Defendants' First Set of Interrogatories to Plaintiff Corey Johnson 8 dated March 16, 2022; 9 79. LVMPD Defendants' First Set of Interrogatories to Plaintiff Ashley Medlock 10 dated March 16, 2022; 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 80. LVMPD Defendants' First Set of Interrogatories to Plaintiff Michael Green 12 dated March 16, 2022; 13 81. LVMPD Defendants' First Set of Interrogatories to Plaintiff Demarlo Riley 14 dated March 16, 2022; 15 82. LVMPD Defendants' First Set of Interrogatories to Plaintiff Clinton Reece 16 dated March 16, 2022; 17 83. LVMPD Defendants' First Set of Interrogatories to Plaintiff Lonicia Bowie 18 dated March 16, 2022; 19 84. LVMPD Defendants' First Set of Interrogatories to Plaintiff Cory Bass dated 20 March 16, 2022; 21 85. LVMPD Defendants' First Set of Interrogatories to Plaintiff Antonio Williams 22 dated March 16, 2022; 23 86. LVMPD Defendants' First Set of Interrogatories to Plaintiff Breanna Nellums 24 dated March 16, 2022; 25 87. LVMPD Defendants' First Set of Interrogatories to Plaintiff Carlos Bass dated 26 March 16, 2022; 27 Page 8 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 9 of 14 1 88. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Connie 2 Denise Semper, as Special Administrator for the Estate of Phillip Semper dated March 16, 3 2022; 4 89. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Corey 5 Johnson dated March 16, 2022; 6 90. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Ashley 7 Medlock dated March 16, 2022; 8 91. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Michael 9 Green dated March 16, 2022; 10 92. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Demarlo 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 Riley dated March 16, 2022; 12 93. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Clinton 13 Reece dated March 16, 2022; 14 94. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Lonicia 15 Bowie dated March 16, 2022; 16 95. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Cory 17 Bass dated March 16, 2022; 18 96. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Antonio 19 Williams dated March 16, 2022; 20 97. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Breanna 21 Nellums dated March 16, 2022; 22 98. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Carlos 23 Bass dated March 16, 2022; 24 99. LVMPD's Responses to Plaintiffs' Fourth Set of Requests for Production dated 25 May 10, 2022; 26 100. LVMPD Defendants' Sixth Supplemental FRCP 26.1 Disclosures dated May 27 10, 2022; Page 9 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 10 of 14 1 101. LVMPD's Second Supplemental Responses to Plaintiffs' First Set of Requests 2 for Production dated August 16, 2022; 3 102. LVMPD's First Supplemental Responses to Plaintiffs' Third Set of Requests 4 for Production dated August 16, 2022; 5 103. LVMPD Defendants' Seventh Supplemental FRCP 26.1 Disclosures dated 6 August 16, 2022; 7 104. LVMPD Defendants' Eighth Supplemental FRCP 26.1 Disclosures dated 8 December 7, 2022; 9 105. LVMPD Defendants' Ninth Supplemental FRCP 26.1 Disclosures dated 10 January 12, 2023; 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 106. LVMPD Defendants' Tenth Supplemental FRCP 26.1 Disclosures dated 12 February 2, 2023; 13 107. LVMPD's Answers to Plaintiffs' Third Set of Interrogatories dated March 20, 108. Andrew Bauman's Answers to Plaintiffs' Second Set of Interrogatories dated 14 2023; 15 16 March 21, 2023; 17 109. Andrew Bauman's Answers to Plaintiffs' First Set of Requests for Admissions 18 dated March 21, 2023; 19 110. LVMPD's Responses to Plaintiffs' Fifth Set of Requests for Production dated 20 April 5, 2023; and 21 111. LVMPD Defendants' Eleventh Supplemental FRCP 26.1 Disclosures dated 22 April 5, 2023. 23 C. DEPOSITIONS. 24 1. Plaintiffs deposed Defendant Officer Andrew Bauman on November 9, 2021. 25 2. Plaintiffs deposed Officer Nicholas Brigandi on April 18, 2022. 26 3. Plaintiffs deposed Det. Blake Walford on May 11, 2022. 27 4. Plaintiffs deposed Defendant Officer Theron Young on May 16, 2022. Page 10 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 11 of 14 1 5. Plaintiffs deposed Defendant Officer Supreet Kaur on August 31, 2022. 2 6. Plaintiffs deposed Defendant Officer Matthew Kravetz on September 6, 2022. 3 7. Plaintiffs deposed FRCP 30(b)(6) of LVMPD (Landon Reyes) on December 4 13, 2022; 5 8. Plaintiffs deposed FRCP 30(b)(6) of LVMPD (Fred Haas) on January 10, 9. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per 6 2023; 7 8 Cory Bass on March 13, 2023; 9 10. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per 10 Carlos Bass on March 13, 2023; 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 11. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per 12 Breanna Nellums on March 15, 2023; 13 12. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per 14 Antonio Williams on March 15, 2023; 15 13. LVMPD Defendants deposed of Plaintiff Michael Green on March 27, 2023. 16 14. LVMPD Defendants deposed of Plaintiff Lonicia Bowie on August 21, 15. LVMPD Defendants deposed of Plaintiff Counnie Walker [Connie 17 2023; 18 19 Semper] on August 22, 2023; 20 16. LVMPD Defendants deposed of Plaintiff Clinton Reece on August 22, 17. LVMPD Defendants deposed of Plaintiffs’ Expert Ana Muñiz, Ph.D. on 21 2023; 22 23 August 25, 2023; 24 18. LVMPD Defendants deposed of Plaintiff Corey Johnson on August 28, 25 2023; and 26 19. LVMPD Defendants deposed of Plaintiff Demarlo Riley on September 11, 27 2023. Page 11 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 12 of 14 1 II. DISCOVERY THAT REMAINS TO BE COMPLETED. 2 The Parties are actively conducting discovery. For the reasons explained below, the 3 Parties will need additional time to respond to written discovery and conduct depositions. 4 III. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY. 5 Pursuant to Local Rule 26-3, the Parties submit that good causes exists for the 6 extension requested. This is the fifth request for an extension of discovery deadlines in this 7 matter. The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation to extend a 8 deadline set forth in a discovery plan must be submitted to the Court no later than 21 days 9 before the expiration of the subject deadline, and that a request made within 21 days must be 10 supported by a showing of good cause. Any modifications to the scheduling order to deadlines 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 that have since passed may only be approved upon the showing of excusable neglect. See 12 Fed. R. Civ. P. 6(b)(1); LaNier v. United States, Case No. 15cv360-BAS (BLM), 2017 WL 13 951040, at *4 (S.D. Cal. Mar. 10, 2017) (requiring a showing of good cause and excusable 14 neglect if request for extension is made after deadline passes); Herrera v. Hitman Fight Gear, 15 LLC, No. CV 12-7927 AG (VBKX), 2013 WL 12138586, at *3 (C.D. Cal. Nov. 18, 2013) 16 (same). As the discovery cut off deadline is September 14, 2023, the Parties request for an 17 extension must be supported by good cause. 18 The Parties have been diligently conducting discovery and continue to conduct 19 discovery. However, due to unforeseen circumstances, the Parties have been unable to 20 complete three depositions that the Parties had scheduled to complete prior to the current 21 discovery cut off. 22 Parties began Clinton Reece’s deposition on August 22, 2023, but counsel for LVMPD 23 had a childcare emergency that arose approximately an hour into the deposition, requiring that 24 Clinton Reece’s deposition be terminated prior to the completion of the deposition. The Parties 25 stipulated to continue Clinton Reece’s deposition to September 11, 2023, but due to a funeral, 26 Clinton Reece was ultimately unavailable to be deposed on that date. The Parties now need 27 more time to complete his deposition. Page 12 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 13 of 14 1 The Parties also had previously scheduled a FRCP 30(b)(6) deposition of a LVMPD 2 designee for September 13, 2023, and Ashley Medlock’s deposition for September 14, 2023. 3 Due to an out-of-town family emergency that arose on September 12, 2023, counsel for 4 LVMPD now cannot attend those depositions. Plaintiff’s counsel is amendable to 5 rescheduling those depositions but more time will be needed to calendar them. 6 Finally, due to the emergency, additional time is needed for LVMPD to complete 7 outstanding discovery responses and to allow time for the parties to meet and confer over any 8 outstanding discovery issues. 9 Except for these unforeseen complications, Parties would have been able to complete 10 discovery as planned as all depositions were scheduled prior to the current cut off. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH 11 Accordingly, the Parties respectfully submit that good cause exists to extend the discovery 12 deadlines in this matter. 13 IV. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DEADLINES 14 15 Amend Pleadings and Add Parties Current Deadline Proposed New Deadline March 18, 2023 Past Due/Unchanged July 17, 2023 Past Due/Unchanged August 16, 2023 Past Due/Unchanged September 14, 2023 October 5, 2023 October 13, 2023 November 3, 2023 November 13, 2023 December 4, 2023 (If dispositive motions are filed, the deadline for shall be suspended until thirty (30) days after the decision of the dispositive motions or further order of the Court.) 16 17 Initial Expert Disclosures Rebuttal Expert Disclosures 18 Discovery Cut-Off 19 Dispositive Motions 20 Pretrial Order 21 22 23 24 25 26 ... ... ... 27 Page 13 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM Case 2:20-cv-01875-JCM-EJY Document 121 Filed 09/13/23 Page 14 of 14 1 Based on the foregoing stipulation and proposed deadlines plan, the Parties request 2 that the Discovery Plan and Scheduling Order deadlines be extended an additional twenty3 one (21) days so that the parties may conduct depositions. 4 5 Dated this 13th day of September, 2023 Dated this 13th day of September, 2023 6 AMERICAN CIVIL LIBERTIES UNION OF NEVADA MARQUIS AURBACH 7 8 9 10 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 11 MARQUIS AURBACH IT IS SO STIPULATED. 12 13 14 15 16 17 18 By: By: /s/ Christopher M. Peterson Christopher M. Peterson, Esq. Nevada Bar No. 13932 Jacob Smith, Esq. Nevada Bar No. 16324 Sadmira Ramic, Esq. Nevada Bar No. 15984 4362 W. Cheyenne Avenue North Las Vegas, Nevada 89032 Attorneys for Plaintiffs Connie Denise Semper, as Special Administrator for The Estate of Phillip Semper, Corey Johnson, Ashley Medlock, Michael Green, Demarlo Riley, Clinton Reece, and Lonicia Bowie /s/ Jackie V. Nichols Craig R. Anderson, Esq. Nevada Bar No. 6882 Jackie V. Nichols, Esq. Nevada Bar No. 14246 10001 Park Run Drive Las Vegas, Nevada 89145 Attorneys for Defendants Las Vegas Metropolitan Police Department, Sheriff Joseph Lombardo, Andrew Bauman, Matthew Kravetz, Supreet Kaur, David Jeong, and Theron Young ORDER IT IS SO ORDERED this 13th day of September, 2023. 19 20 21 ____________________________________ United States Magistrate Judge 22 23 24 25 26 27 Page 14 of 15 MAC:14687-296 5221189_3 9/13/2023 10:11 AM
]]>
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.
