Patterson v. Las Vegas Metropolitan Police Department et al, No. 2:2023cv00539 - Document 71 (D. Nev. 2023)
Court Description: ORDER granting 68 Stipulation TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES. Discovery due by 2/28/2024. Motions due by 4/1/2024. Proposed Joint Pretrial Order due by 5/1/2024. Signed by Magistrate Judge Daniel J. Albregts on 12/27/2023. (Copies have been distributed pursuant to the NEF - CAH)
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Patterson v. Las Vegas Metropolitan Police Department et al Doc. 71 Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 1 of 10 1 2 3 4 Stephen P. Stubbs, Esq. Nevada Bar No. 10449 2388 Tilden Way Henderson, NV 89074 Telephone: (702) 759-3224 Email: stephen@stephenstubbs.com Attorney for Plaintiff Kelly Patterson 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 KELLY PATTERSON, individually, 9 10 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. 11 13 14 15 16 17 18 Case No: 2:23-cv-00539-RFB-DJA Plaintiff, vs. [PROPOSED] LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada; CITY OF LAS VEGAS, a municipal governmental entity and a political subdivision of the State of Nevada; OFFICER S. SALAZAR, an individual; JOE LOMBARDO, an individual and DOE OFFICERS I-XX, STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES (THIRD REQUEST) Defendants. Plaintiff Kelly Patterson (“Plaintiff”), by and through his counsel of record, Stephen P. Stubbs, Esq., Defendants, the Las Vegas Metropolitan Police Department (the “Department” or 19 “LVMPD”), Officer S. Salazar (“Salazar”), and Joseph Lombardo (“Lombardo”), collectively 20 21 (“LVMPD Defendants”), by and through their counsel of record, Craig R. Anderson, Esq. and 22 Jackie V. Nichols, Esq., of Marquis Aurbach, and Defendant City of Las Vegas (the “City”), by 23 and through their counsel of record, Bryan K. Scott, Esq. and Rebecca L. Wolfson, Esq., of City 24 Attorney’s Office, hereby stipulate and agree to extend the Discovery Plan and Scheduling Order 25 26 deadlines based on the schedule below. This Stipulation is being entered in good faith and not for purposes of delay (supplemented information noted in bold-face type). 27 28 Dockets.Justia.com Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 2 of 10 1 I. 2 3 STATUS OF DISCOVERY. A. PLAINTIFF’S DISCOVERY. 1. Plaintiff’s Initial Disclosure of Witnesses and Documents Pursuant to FRCP 4 26.1(a)(1) dated June 15, 2023. 5 2. 6 7 June 30, 2023. 3. 8 9 4. Plaintiff Patterson’s First Set of Requests for Production of Documents to Joe Lombardo dated June 30, 2023. 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. Plaintiff Patterson’s First Set of Requests for Admissions to Joe Lombardo dated June 30, 2023. 10 11 Plaintiff Patterson’s First Set of Requests for Admissions to City of Las Vegas dated 13 14 21 22 Plaintiff Patterson’s First Set of Requests for Admissions to Officer Salim Salazar 7. Plaintiff Patterson’s First Set of Requests for Production of Documents to Officer Salim Salazar dated June 30, 2023. 19 20 6. dated June 30, 2023. 17 18 Plaintiff Patterson’s First Set of Interrogatories to Joe Lombardo dated June 30, 2023. 15 16 5. 8. Plaintiff Patterson’s First Set of Requests for Admissions to LVMPD dated June 30, 9. Plaintiff Patterson’s First Set of Requests for Production of Documents to LVMPD 2023. dated June 30, 2023. 23 10. Plaintiff Patterson’s First Set of Interrogatories to LVMPD dated June 30, 2023. 24 11. Plaintiff Patterson’s Responses to LVMPD's First Set of Requests for Admissions 25 26 27 dated August 15, 2023. 12. Plaintiff Patterson’s Answers to LVMPD’s First Set of Interrogatories dated August 15, 2023. 28 -2- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 3 of 10 1 2 13. dated August 17, 2023. 3 4 14. 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. Plaintiff Patterson’s Second Set of Requests for Admissions to LVMPD dated Plaintiff Patterson's Second Set of Requests for Production of Documents to LVMPD dated August 30, 2023. 18. Plaintiff’s Second Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated August 30, 2023. 13 14 15 16. 17. 11 12 Plaintiff Patterson’s Second Set of Interrogatories to LVMPD dated August 30, August 30, 2023. 9 10 15. 2023. 7 8 Plaintiff’s First Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated August 17, 2023. 5 6 Plaintiff Patterson's Responses to LVMPD’s First Set of Requests for Production 19. Plaintiff Patterson’s Designation of Expert Witness dated September 1, 2023. 20. Plaintiff’s Third Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated September 15, 2023. 16 B. LVMPD DEFENDANTS’ DISCOVERY. 1. LVMPD Defendants’ Initial Disclosure of Witnesses and Documents Pursuant to 17 18 FRCP 26.1(a)(1) dated June 15, 2023. 19 2. LVMPD’s First Set of Interrogatories to Plaintiff Kelly Patterson dated July 19, 3. LVMPD’s First Set of Requests for Production of Documents to Plaintiff Kelly 20 2023. 21 22 Patterson dated July 19, 2023. 23 4. LVMPD’s First Set of Requests for Admissions to Plaintiff Kelly Patterson dated 24 July 19, 2023. 25 5. LVMPD Defendants’ First Supplemental Disclosure of Witnesses and Documents 26 Pursuant to FRCP 26.1(a)(1) dated August 2, 2023. 27 28 -3- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 4 of 10 1 2 3 4 5 6 7 8 9 10 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. LVMPD’s Responses to Plaintiff Kelly Patterson’s First Set of Requests for Admissions dated August 2, 2023. 7. Joe Lombardo’s Responses to Plaintiff Kelly Patterson’s First Set of Requests for Admissions dated August 2, 2023. 8. Joe Lombardo’s Answers to Plaintiff Kelly Patterson’s First Set of Interrogatories dated August 2, 2023. 9. Joe Lombardo’s Responses to Plaintiff Kelly Patterson’s First Set of Requests for Production of Documents dated August 2, 2023. 10. Salim Salazar’s Responses to Plaintiff Kelly Patterson’s First Set of Requests for Production of Documents dated August 2, 2023. 11. Salim Salazar’s Responses to Plaintiff Kelly Patterson’s First Set of Requests for Admissions dated August 2, 2023. 12. LVMPD’s Answers to Plaintiff Kelly Patterson’s First Set of Interrogatories dated August 2, 2023. 13. LVMPD’s Responses to Plaintiff Kelly Patterson’s First Set of Requests for Production of Documents dated August 2, 2023. 14. LVMPD Defendants’ First Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated August 2, 2023. 15. LVMPD Defendants’ Second Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated October 2, 2023. 16. LVMPD’s Amended Answers to Plaintiff Kelly Patterson’s First Set of Interrogatories dated October 2, 2023. 17. LVMPD’s Answers to Plaintiff Kelly Patterson’s Second Set of Interrogatories dated October 2, 2023. 18. LVMPD's Responses to Plaintiff Kelly Patterson’s Second Set of Requests for Production of Documents dated October 2, 2023. 27 28 -4- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 5 of 10 1 2 3 4 5 6 7 8 9 10 LVMPD's Responses to Plaintiff Kelly Patterson’s Second Set of Requests for Admissions dated October 2, 2023. 20. LVMPD's Supplemental Answers to Plaintiff Kelly Patterson’s Second Set of Interrogatories dated October 4, 2023. 21. Joe Lombardo’s Amended Answers to Plaintiff Kelly Patterson’s First Set of Interrogatories dated October 5, 2023. 22. LVMPD Defendants’ Rebuttal Expert Witness Disclosure dated October 6, 2023. 23. LVMPD’s Second Amended Answers to Plaintiff Kelly Patterson’s First Set of Interrogatories dated October 16, 2023. 24. LVMPD’s Supplemental Responses to Plaintiff Kelly Patterson’s Second Set of Requests for Production of Documents dated October 16, 2023. 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. 11 19. C. DEFENDANT City of Las Vegas’ DISCOVERY. 1. City of Las Vegas’ Answers to Plaintiff Kelly Patterson's First Set of Requests for 13 14 Admissions dated July 31, 2023. 15 2. City of Las Vegas’ First Set of Requests for Admission to Plaintiff Kelly Patterson 16 dated September 21, 2023. 17 3. City of Las Vegas’ First Set of Requests for Production of Documents to Plaintiff 18 Kelly Patterson dated September 21, 2023. 19 4. City of Las Vegas’ First Set of Interrogatories to Plaintiff Kelly Patterson dated 20 September 21, 2023. 21 22 23 24 25 26 27 D. DEPOSITIONS. 1. Plaintiff deposed Conrad Hafen on July 15, 2023. 2. Plaintiff deposed Sergeant Andrew Bauman on October 3, 2023. 3. Plaintiff deposed Officer Maglich on October 5, 2023. 4. LVMPD Defendants’ deposed Plaintiff Kelly Patterson on October 16, 2023. 5. Plaintiff deposed Officer Salazar on October 19, 2023. 28 -5- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 6 of 10 1 2 6. October 20, 2023. 3 4 5 6 7 8 8. Plaintiff conducted a partial deposition of Liesl Freedman on December 11, December 28, 2023, because Liesl Freedman needed to attend a meeting regarding the recent UNLV shooting. 11 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 Plaintiff deposed LVMPD’s 30(b)(6) designee on October 30, 2023. deposition was conducted in that time period. The deposition ended at 1pm, and continued to 10 STEPHEN P. STUBBS, ESQ. 7. 2023 from 9am to 1pm. Because of objections, only 1 hour and 40 minutes of the 3 hour 9 13 LVMPD Defendants deposed Plaintiff’s Expert, Craig Wetterer, Ph.D. on 9. Plaintiff deposed Lt. Humel on December 20, 2023. 10. Plaintiff deposed Lt. Gordon on December 20, 2023. 11. Plaintiff deposed Sgt. Ralston on November 20, 2023. 12. Plaintiff will depose LVMPD’s expert witness, Jack Ryan, on December 27, 13. Plaintiff will continue the deposition of Liesl Freedman on December 28, 2023. 2023 14 15 16 17 18 II. DISCOVERY THAT REMAINS TO BE COMPLETED. The Parties are actively conducting discovery. For the reasons explained below, the Parties will need additional time to conduct limited discovery, including but not limited to: 19 1. Discovery regarding Joe Lombardo is currently stayed by Court and the parties are 20 21 22 23 24 25 26 waiting on the Court’s response to Joe Lombardo’s Motion to Dismiss to plan and conduct discovery, when and if the Court’s stay is lifted. 2. Plaintiff needs to depose the City of Las Vegas’s 30(b)(6) designee. After multiple meet and confers on appropriate 30(b)(6) topics, the Parties could not agree on appropriate 30(b)(6) subjects and agreed to postpone this deposition while the City filed a motion for protective order. The City of Las Vegas filed their motion for protective order on December 11, 27 28 2023, and it is pending before this Court. Plaintiff’s response is due by December 25, 2023, and -6- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 7 of 10 1 the Parties have agreed to delay the deposition of the City’s 30(b)(6) designee until the Court 2 decides this motion. 3 3. The Parties are working through disagreements on outstanding written discovery. 4. Depending on the answers received in Liesl Freedman’s December 27, 2023 4 5 6 deposition, Plaintiff may need to conduct additional depositions and/or written discovery. III. 7 Pursuant to Local Rule 26-3, the Parties submit that good cause exists for the extension 8 9 10 requested. This is the first request for an extension of discovery deadlines in this matter. The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation to extend a deadline set forth in a discovery plan must be submitted to the Court no later than 21 days before the expiration of 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. 11 SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY. 13 14 the subject deadline, and that a request made within 21 days must be supported by a showing of good cause. 15 Due to the pending motions before this Court, including Defendant Lombardo’s Motion 16 for Judgment on the Pleadings and the City of Las Vegas’s Motion for Protective Order, and the 17 current stay of discovery regarding Defendant Joe Lombardo, an extension of discovery is 18 necessary. Furthermore, the Parties are making progress as they work through disagreements on 19 outstanding written discovery, and depending on the results of Liesl Freedman deposition, 20 21 additional discovery might be necessary. Plaintiff needs to receive pending written discovery, and 22 to have a reasonable amount of time after Liesl Freedman’s December 28, 2023 deposition to 23 assess the evidence and analyze what may be needed moving forward. The Parties thus 24 respectfully request an extension of time to extend the discovery in this matter to enable to them 25 to conduct necessary discovery in this matter and so that this matter is fairly resolved on the 26 merits. 27 /// 28 -7- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 8 of 10 1 III. 2 PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DEADLINES 3 Below are the current discovery deadlines. 4 Current Deadline Proposed New Deadline August 2, 2023 Past Due/Unchanged September 1, 2023 Past Due/Unchanged October 2, 2023 Past Due/Unchanged December 29, 2023 February 28, 2023 February 1, 2023 April 1, 2024 March 1, 2024 May 1, 2024 (If dispositive motions are filed, the deadline shall be suspended until thirty (30) days after the decision of the dispositive motions or further order of the Court.) 5 6 Amend Pleadings and Add Parties 7 Initial Expert Disclosures 8 Rebuttal Expert Disclosures 9 10 Discovery Cut-Off 11 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. Dispositive Motions 12 Pretrial Order 13 14 15 16 17 The Parties agree to the proposed deadlines above and agree that the extension is limited 18 19 to conducting outstanding depositions and following up on written discovery already propounded 20 by the parties. 21 22 Based on the foregoing stipulation and proposed deadlines plan, the Parties believe there is good cause to extend discovery and request that the Discovery Plan and Scheduling Order 23 24 25 26 27 deadlines be extended consistent with this stipulation so that the parties may conduct the identified depositions and address outstanding issues with written discovery. /// [SIGNATURES APPEAR ON FOLLOWING PAGE] 28 -8- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 9 of 10 1 Dated this 26th day of December, 2023. 2 Dated this 26th day of December, 2023. MARQUIS AURBACH 3 4 By: 5 6 7 /s/ Stephen P. Stubbs Stephen P. Stubbs, Esq. Nevada Bar No. 10449 2388 Tilden Way Henderson, Nevada 89074 Attorney for Plaintiff Kelly Patterson By: 8 9 10 Dated this 26th day of December, 2023. CITY ATTORNEY’S OFFICE 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. 11 /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, Officer S. Salazar and Joe Lombardo 13 14 15 16 17 18 19 By: /s/ Rebecca L. Wolfson Jeffrey M. Dorocak, Esq. City Attorney Nevada Bar No. 13109 Rebecca L. Wolfson, Esq. Deputy City Attorney Nevada Bar No. 14132 495 South Main Street, Sixth Floor Las Vegas, Nevada 89101 Attorneys for Defendant City of Las Vegas 20 21 22 23 ORDER The above Stipulation is hereby GRANTED. IT IS SO ORDERED. ___________________________________ United States District Court Magistrate Judge 24 25 12/27/2023 DATED: __________________ 26 27 28 -9- Case 2:23-cv-00539-RFB-DJA Document 68 Filed 12/26/23 Page 10 of 10 1 CERTIFICATE OF SERVICE 2 I hereby certify that I electronically filed the foregoing [PROPOSED] STIPULATION 3 AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER 4 DEADLINES (THIRD REQUEST) with the Clerk of the Court for the United States District 5 Court by using the court’s CM/ECF system on the 26th day of December, 2023. I further certify 6 7 8 that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. 9 10 /s/ Stephen P. Stubbs Stephen P. Stubbs 12 2388 TILDEN WAY HENDERSON, NEVADA 890 74 (702) 759-3224 STEPHEN P. STUBBS, ESQ. 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 10 -
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