Neske v. Las Vegas Metropolitan Police Department et al, No. 2:2021cv01315 - Document 27 (D. Nev. 2022)
Court Description: ORDER Granting 26 Stipulation to Extend Discovery to the extent that the Court adopts the parties' proposed deadlines on pages four and five. Discovery due by 9/21/2022. Motions due by 10/21/2022. Proposed Joint Pretrial Order due by 11/21/2022. Signed by Magistrate Judge Brenda Weksler on 4/26/2022. (Copies have been distributed pursuant to the NEF - SLD)
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Neske v. Las Vegas Metropolitan Police Department et al Doc. 27 Case 2:21-cv-01315-RFB-BNW Document 27 26 Filed 05/19/22 04/25/22 Page 1 of 6 1 2 3 4 5 6 7 8 IT IS ORDERED that ECF No. 26 is GRANTED to the extent that the Court adopts the parties' proposed deadlines on pages four and five. 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 Las Vegas Metropolitan Police Department, Michael Lowe, and Eric Cline 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 KIMBERLY ANN NESKE, individually and as heir and as Special Administrator for THE ESTATE OF JAMES NESKE , Case No.: 2:21-cv-01315-RFB-BNW Plaintiff, 13 vs. 14 15 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al. 16 Defendants. STIPULATION TO EXTEND DISCOVERY (Third Request) [ECF No. 18] 17 18 IT IS HEREBY STIPULATED AND AGREED between the parties that the discovery 19 cut-off date of June 23, 2022, be continued for a period of ninety (90) days up to and including 20 August 22, 2022, for the purpose of allowing the parties to complete written discovery, disclose 21 expert witnesses, and take depositions of the parties. 22 I. DISCOVERY COMPLETED TO DATE 23 Plaintiff and Las Vegas Metropolitan Police Department, Michael Lowe and Eric Cline 24 (“LVMPD Defendants”) have exchanged their initial Rule 26 Disclosures. Plaintiff has provided KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 3109754_1.docx 6943.252 Page 1 of 6 Dockets.Justia.com Case 2:21-cv-01315-RFB-BNW Document 27 26 Filed 05/19/22 04/25/22 Page 2 of 6 1 four supplements and LVMPD Defendants have provided three supplements to their Rule 26 2 Disclosures. 3 individually on each LVMPD Defendant and responses were made. Plaintiff served a Second 4 Request for Production of Documents on LVMPD which Defendants responded to. Plaintiff has 5 served a second set of interrogatories, which require responses. The LVMPD Defendants served 6 their initial written discovery requests (Interrogatories and Requests for Production of 7 Documents) which the Plaintiff has recently responded to. The depositions of Defendants Eric 8 Cline and Michael Lowe and non-party officers Det. Gary King, Lt. Brian Arizmendi, and 9 witness Cody Kasper have been taken. 10 II. Plaintiff served Interrogatories and Requests for Production of Documents DISCOVERY YET TO BE COMPLETED 11 The parties will serve various third-party subpoenas and may serve additional written 12 discovery on each other. The LVMPD Defendants will take the deposition of Plaintiff. Plaintiff 13 will depose non-party witness Francisco Vidal and officer Jesse Reynolds, likely in early June, 14 due to scheduling difficulties. The parties have retained experts and will provide timely expert 15 reports. The parties will depose the others’ experts. 16 III. 17 REASONS WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED The claims in this matter surround the death of a Clark County Detention Center 18 (“CCDC”) inmate while he was in custody. The death resulted in an in depth homicide 19 investigation. As such, the information and materials surrounding the time period before, during 20 and after the death involve voluminous documents and substantial information. It has taken time 21 for the LVMPD Defendants to gather all materials related to this incident, review them (as many 22 documents contain confidential information of non-parties) and disclose them to Plaintiff. 23 There is good cause to extend the expert disclosures, discovery cut off, dispositive 24 motion, and pretrial order deadlines. LVMPD Defendants recognize that the parties are making KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 3109754_1.docx 6943.252 Page 2 of 6 Case 2:21-cv-01315-RFB-BNW Document 27 26 Filed 05/19/22 04/25/22 Page 3 of 6 1 this request less than 21 days before the initial expert disclosure deadline of April 25, 2022, 2 however LVMPD Defendants submit that good cause exists for the delay. 3 LR 26-3 states in relevant part: 7 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. 8 There are multiple reasons this request is being made less than 21 days before the initial 9 expert disclosure deadline. First, as explained above in the procedural history, both parties have 10 been diligently engaging in discovery. During that time, Counsel has been busy preparing for 11 trial in three (3) other cases and has had active motion practice in several other cases. Within the 12 last twenty-one (21) days, Plaintiff has served her written discovery responses and a 13 supplemental disclosure and Lt. Arizmendi’s deposition was conducted. 14 transcript and additional records need to be evaluated by experts for them to formulate their 15 opinions. In addition, the discovery responses provided information needed to issue further 16 written discovery and subpoenas. 4 5 6 This deposition 17 In addition to this matter being complex, additional relevant discovery needs to be 18 completed before experts can properly evaluate this case. Plaintiff has had difficulty locating a 19 relevant witness, Francisco Vidal. 20 Department of Public Safety, Division of Parole and Probation (DPP) office for Vidal’s contact 21 information, and DPP sought a protective order from this court. Only recently has this Court 22 ordered that DPP shall provide plaintiff’s counsel with Vidal’s contact information. Plaintiff has 23 recently served additional interrogatories and has requested to depose another Clark County 24 Detention Center Officer, Jesse Reynolds, although with scheduling challenges, this deposition KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 3109754_1.docx 6943.252 Plaintiff served a subpoena on the State of Nevada’s Page 3 of 6 Case 2:21-cv-01315-RFB-BNW Document 27 26 Filed 05/19/22 04/25/22 Page 4 of 6 1 will likely not be able to occur until early June. As mentioned, Plaintiff’s responses to written 2 discovery were recently served on Defendants. These discovery responses provide information 3 that will allow Defendant to serve subpoenas for records on third parties. The experts will need 4 additional time to review the voluminous materials already produced and discovery that is yet to 5 be obtained to prepare expert reports. 6 As such, the LVMPD Defendants submit that good cause exists. The parties have acted 7 in good faith as evidenced by the voluminous disclosures and written discovery exchanged 8 between the parties. The brief delay will not impede this matter and, in fact and will help the 9 parties to fully conduct the discovery needed. Along those same lines, the delay and extension 10 will not prejudice the Plaintiff or this Court. 11 IV. 12 PROPOSED EXTENDED DEADLINES The parties respectfully request this Court enter an order as follows: 13 Deadline Current Date Proposed New Date 14 Disclosure of Experts April 25, 2022 Fri., July 22, 2022 15 Disclosure of Rebuttal Experts May 25, 2022 Mon., Aug. 22, 2022 16 Discovery Cut Off June 23, 2022 Weds., Sept. 21, 2022 17 Dispositive Motion Deadline: July 25, 2022 Fri., Oct, 21, 2022 18 Pre-Trial Order August 24, 2022 Mon., Nov. 21, 2022 19 20 (A) 21 Under LR 16-3(b), any motions in limine, including Daubert motions, shall be filed and 22 served 30 days prior to the commencement of Trial. Oppositions shall be filed and served and 23 the motion submitted for decision 14 days thereafter. Reply briefs will be allowed only with 24 leave of the Court. KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 Motions in Limine/Daubert Motions. 3109754_1.docx 6943.252 Page 4 of 6 Case 2:21-cv-01315-RFB-BNW Document 27 26 Filed 05/19/22 04/25/22 Page 5 of 6 1 (B) Pretrial Order. 2 Pursuant to LR 26(1)(e)(5), the Joint Pretrial Order shall be filed with this Court no later 3 than thirty (30) days after the date set for filing dispositive motions, unless dispositive motions 4 are filed, in which case the date for filing the Joint Pretrial Order shall be suspended until 30 5 days after the decision on the dispositive motions or further order of this Court. The disclosures 6 required by Fed. R. Civ. P. 26(a)(3) and any objections shall be included in the final pretrial 7 order. 8 (C) Extensions or Modification of the Discovery Plan and Scheduling Order. 9 In accordance with LR 26-3, applications to extend any date set by the discovery plan, 10 scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be 11 supported by a showing of good cause for the extension. All motions or stipulations to extend a 12 deadline set forth in a discovery plan shall be received by the Court not later than 21 days before 13 the expiration of the subject deadline. A request made after the expiration of the subject deadline 14 shall not be granted unless the movant demonstrates that the failure to set was the result of 15 excusable neglect. Any motion or stipulation to extend a deadline or to reopen discovery shall 16 include: 17 (a) A statement specifying the discovery completed; 18 (b) A specific description of the discovery that remains to be completed; 19 (c) The reasons why the deadline was not satisfied or the remaining discovery was 20 not completed within the time limits set by the discovery plan; and 21 (d) 22 This request for an extension is made in good faith and joined by all the parties in this 23 case. The Request is timely pursuant to LR 26-3. Trial is not yet set in this matter and 24 dispositive motions have not yet been filed. Accordingly, this extension will not delay this case. KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 A proposed scheduled for completing all discovery. 3109754_1.docx 6943.252 Page 5 of 6 Case 2:21-cv-01315-RFB-BNW Document 27 26 Filed 05/19/22 04/25/22 Page 6 of 6 1 Moreover, since this request is a joint request, neither party will be prejudiced. The extension 2 will allow the parties the necessary time to complete discovery. 3 4 DATED this 25th day of April, 2022. LAW OFFICES OF KEVIN R. HANSEN KAEMPFER CROWELL /s/ Amanda A. Harmon KEVIN R. HANSEN Nevada Bar No. 6336 AMY M. WILSON Nevada Bar No. 13421 AMANDA A. HARMON Nevada Bar No. 15930 5440 W. Sahara Ave., Ste. 206 Las Vegas, NV 89146 /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 5 6 7 8 9 10 11 Attorneys for Plaintiff, Kimberly Ann Neske Attorneys for Defendants, Las Vegas Metropolitan Police Department, Michael Lowe, and Eric Cline 12 13 ORDER 14 15 IT IS ORDERED that ECF No. 26 is IT IS SO ORDERED. GRANTED to the extent that the Court adopts the parties' proposed deadlines on pages four and five. UNITED STATES DISTRICT COURT JUDGE 16 IT IS SO ORDERED DATED: 4:16 pm, April 26, 2022 17 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 KAEMPFER CROWELL 1980 Festival Plaza Drive Suite 650 Las Vegas, Nevada 89135 3109754_1.docx 6943.252 Page 6 of 6
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