Mendoza v. Daniels et al, No. 3:2022cv00205 - Document 26 (D. Nev. 2023)
Court Description: ORDER GRANTING 25 Stipulation : Consolidated Amended Complaint due by Thursday, 2/17/2023. (See pdf order for subsequent contingent deadlines.) Signed by Magistrate Judge Carla Baldwin on 1/30/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Mendoza v. Daniels et al Doc. 26 Case 3:22-cv-00205-ART-CLB Document 26 Filed 01/30/23 Page 1 of 6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROY TROST, aka DAISY LYNN MEADOWS, and JUSTIN MENODZA, aka AMBER RENEE MENDOZA, vs. Plaintiff, CHARLES DANIELS, et. al., Case. No.: 3:22-cv-00205-ART-CLB ORDER GRANTING STIPULATION REGARDING CONSOLDIATED COMPLAINT AND DISCOVERY PLAN AND SCHEDULING ORDER Defendants Plaintiffs DAISY LYNN MEADOWS and AMBER RENEE MENDOZA, by and through their attorneys of record, Margaret A. McLetchie and Leo S. Wolpert with McLetchie Law Group, and Interested Party, NEVADA DEPARTMENT OF CORRECTIONS (“NDOC”), by and through Counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Douglas R. Rands, Senior Deputy Attorney General who is appearing for Interested Party Nevada Department of Corrections for the limited purpose of settlement discussions and case administration (Plaintiffs and NDOC collectively “Parties”), hereby submit this Stipulation and Stipulated Discovery Plan and Scheduling Order (“Plan”) for the Court’s approval. The Parties met and conferred via phone on January 19, 2023, and had a telephonic conference with the Court regarding this Discovery Plan and Scheduling Order on January 20, 2023. SPECIAL SCHEDULING REVIEW REQUESTED PURSUANT TO LR 26-1(d) The claims presented by Plaintiffs require complex and atypical discovery not common 1 Dockets.Justia.com ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM Case 3:22-cv-00205-ART-CLB Document 26 Filed 01/30/23 Page 2 of 6 1 in most civil suits. This case has two Plaintiffs and is a matter in which four cases which 2 have been consolidated. Further, it will likely require the testimony of specialized experts, 3 multiple fact witnesses, depositions, and discovery responses from multiple defendants. As 4 such, the unique approach set forth herein is appropriate for this matter. Finally, this Plan is 5 being submitted in advance of the applicable deadline as defendants have not yet been served 6 or responded to any complaint in this consolidated matter. 7 SCHEDULE FOR AMENDED COMPLAINT AND REPSONSE 8 1. 9 The last day to file Plaintiffs’ Consolidated Amended Complaint will be Thursday, Consolidated Amended Complaint 10 February 17, 2023. 11 2. 12 The Court shall expedite screening of Plaintiffs’ Second Amended Complaint. 13 3. 14 The Parties shall meet and confer as to whether Mr. Rands will accept service of 15 Screening Order Acceptance of Service the Second Amended Complaint on behalf of Defendants. 16 4. 17 Answer to Second Amended Complaint a) Defendants will have thirty (30) days to Answer Plaintiffs’ Second 18 Amended Complaint from the date the Court issues a Screening Order if a Screen Order is 19 issued. 20 If a Screening Order is not issued prior to MARCH 18, 2023, b) 21 Defendants will have thirty (30) days to Answer Plaintiffs’ Second Amended complaint 22 from the date of service. 23 c) If a Screening Order is issued after service of Plaintiffs’ Second 24 Amended Complaint, Defendants will have thirty (30) days from the date of Screening 25 Order or from the date of service, whichever is later. 26 27 28 INFORMATION PURSUANT TO LR 26-1 AND FRCP 26(f) 1. Discovery Cut-Off Date; Estimate of Time Required for Discovery (LR 26-1(b)(1); Fed. R. Civ. P. 16(b)): 2 Case 3:22-cv-00205-ART-CLB Document 26 Filed 01/30/23 Page 3 of 6 1 In accordance with Local Rule 26-1(e)(1), the one hundred eighty (180) day 2 discovery period will begin on the service date of Defendants’ Answer to Plaintiffs’ Second 3 Amended Complaint. 4 2. 5 The last day to file motions to amend the pleadings or to add parties shall be sixty 6 7 days after Defendants file their answer. 3. 8 ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM Amendment of Pleadings and Addition of Parties Certification of Alternative Dispute Resolution (LR 26-1(b)(7); Discussions Regarding Settlement (Fed. R. Civ. P. 26(f)(2)) 9 The Parties hereby certify that they met and conferred about the possibility of using 10 alternative dispute-resolution (ADR) processes, including mediation and arbitration. The 11 Parties specifically request a settlement conference to be scheduled on or around six (6) 12 months from the date Defendants file their answer. 13 4. Certification of Alternative Forms of Case Disposition (LR 26-1(b)(8); Fed 14 R. Civ. P. 73)): 15 The Parties hereby certify that they considered consent to trial by a magistrate judge 16 under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, use of the Short Trial Program (General 17 Order 2013-01), but do not agree to have this trial heard by a magistrate judge nor do they 18 agree to participate in the Short Trial Program. 19 ADDITIONAL INFORMATION SUBMITTED PURSUANT TO FED. R. CIV. P. 26 20 1. 21 The Parties have stipulated to exchange initial disclosures fourteen (14) days after 22 23 Timing of Initial Disclosures (Fed. R. Civ. P. 26(f)(3)(A)): filing of Defendants’ Answer to Plaintiffs’ Second Amended Complaint. 2. Case Phasing. 24 The Parties agree to an initial discovery period (the “Initial Phase”) running for six (6) 25 months from the date Defendants file their responsive pleading. Deadlines shall then be 26 stayed while the Parties prepare for and participate in a Settlement Conference. As set forth 27 below, if the matter is not resolved, the Parties will then submit a proposed scheduling order 28 3 Case 3:22-cv-00205-ART-CLB Document 26 Filed 01/30/23 Page 4 of 6 1 to allow for the completion of discovery; setting a deadline for expert and rebuttal reports; 2 and setting for the deadline for dispositive motions. 3 3. 4 During the Initial Phase, Plaintiffs intend to seek discovery on the following 5 subjects: 6 • The incident(s) detailed and/or alleged in the case; 7 • Pertinent policies, practices, and training; 8 • Whether similar incidents have occurred; and 9 • Damages. 10 Defendants intend to seek discovery on the following subjects: 11 • 12 ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM Discovery Subjects (Fed. R. Civ. P. 26(f)(3)(B)): The incident(s) alleged in this matter, and information and documents relating to Plaintiff’s claims; and 13 • Information relating to Plaintiff’s claim for damages. 14 4. Issues Regarding Electronically Stored Information (“ESI”) (Fed. R. Civ. 15 P. 26(f)(3)(C)): 16 The Parties intend to further discuss and review the production of ESI. The parties 17 intend to present evidence in electronic format to jurors for the purposes of jury deliberations. 18 19 5. Procedures for Asserting Privilege or Work Product Protections; Other Orders (Fed. R. Civ. P. 26(f)(3)(D); Fed. R. Civ. P. 26(f)(3)(F)): 20 The Parties intend to submit a Proposed Stipulated Protective Order to the Court. 21 6. 22 It is the Parties’ current view that, other than the bifurcated discovery approach set 23 forth above, changes are not necessary, and that the Parties should proceed to engage in and 24 supplement all discovery as permitted under the Federal Rules of Civil Procedure and the 25 Local Court Rules, including Depositions, Interrogatories, Requests for Production of 26 Documents, and Requests for Admissions. 27 7. 28 (LR 26-3): Changes Made to Limitations on Discovery (Fed. R. Civ. P. 26(f)(3)(E)): Extensions or Modifications of the Discovery Plan and Scheduling Order 4 Case 3:22-cv-00205-ART-CLB Document 26 Filed 01/30/23 Page 5 of 6 1 In accordance with Local Rule 26-3, any request for an extension of this discovery 2 plan or any of the individual dates herein shall be filed and served no later than twenty-one 3 (21) days before the expiration of the subject deadline. Any motion of stipulation shall be 4 supported by good cause and include: 5 d) A statement specifying the discovery completed; 6 e) A specific description of the discovery that remains to be completed; 7 f) The reasons why the deadline was not satisfied or the remaining discovery 8 9 was not completed within the time limits set by the discovery plan; and g) ADDITIONAL SCHEDULING INFORMATION 10 11 1. ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 A proposed schedule for completing all remaining discovery. Status Check on Discovery The Court will schedule a status check on the progress of the Parties’ discovery three (3) months into the discovery period. 14 2. 15 Upon the expiration of the discovery period, the Court will conduct a status check 16 Status Check on Settlement Conference to determine the status of the case and referral to the settlement program. 17 3. 18 The Parties agree that by engaging in a settlement conference, no party is waiving 19 their rights or stipulating to limit their work during the Initial Phase, or to file motions, 20 including, but not limited to, Motions for Summary Judgment. Discovery Prior to Settlement Resolution 21 4. Joint Status Report After Settlement 22 In the event that a resolution is achieved at the settlement conference, the Parties 23 will file a status report within fourteen (14) days of conclusion of the settlement conference. 24 5. Discovery Plan and Scheduling Order After Settlement 25 In the event that a resolution is not achieved at the settlement conference, the Parties 26 will meet and confer regarding a renewed discovery plan and scheduling order within twenty- 27 one (21) days of conclusion of the settlement conference. The Parties will submit this 28 discovery plan and scheduling order within fourteen (14) days of their meet and confer effort. 5 Case 3:22-cv-00205-ART-CLB Document 26 Filed 01/30/23 Page 6 of 6 1 This discovery plan and scheduling order will address the need to conduct any remaining 2 discovery or depositions, expert disclosures, and dispositive motions. 3 4 5 6 7 8 9 10 11 ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 14 15 IT IS SO STIPULATED. DATED this 30th day of January, 2023. DATED this 30th day of January, 2023. MCLETCHIE LAW AARON D. FORD, Attorney General /s/ Margaret A. McLetchie Margaret A. McLetchie, Esq. Nevada Bar No. 10931 Leo S. Wolpert, Esq. Nevada Bar No. 12658 602 South Tenth St. Las Vegas, Nevada 89101 Attorney for Plaintiffs /s/ Douglas R. Rands Douglas R. Rands 100 N. Carson Street Carson City, Nevada 89701 (775) 684-1150 drands@ag.nv.gov D. Randall Gilmer 555 E. Washington St., Ste. 2600 Las Vegas, Nevada 89101 (702) 486-3774 Attorneys for Defendants 16 17 18 IT IS SO ORDERED. 19 January 30, 2023 DATED: ___________________________ 20 21 ___________________________________ 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 6
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