Mendoza v. Daniels et al, No. 3:2022cv00205 - Document 30 (D. Nev. 2023)
Court Description: ORDER GRANTING ECF No. 29 Stipulation : Second Amended Complaint due by Friday, 3/17/2023.(See pdf order for contingent and subsequent deadlines.) Signed by Magistrate Judge Carla Baldwin on 2/21/2023. (Copies have been distributed pursuant to the NEF - DRM)
Download PDF
<![CDATA[
Mendoza v. Daniels et al Doc. 30 Case 3:22-cv-00205-ART-CLB Document 30 Filed 02/21/23 Page 1 of 6 1 2 3 4 5 6 MARGARET A. MCLETCHIE, Nevada Bar No. 10931 LEO S. WOLPERT, Nevada Bar No. 12658 MCLETCHIE LAW 602 South Tenth Street Las Vegas, NV 89101 Telephone: (702) 728-5300 Fax: (702) 425-8220 Email: maggie@nvlitigation.com Counsel for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 ROY TROST, aka DAISY LYNN MEADOWS, and JUSTIN MENODZA, aka AMBER RENEE MENDOZA, 11 Plaintiff, ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 12 13 vs. Case. No.: 3:22-cv-00205-ART-CLB ORDER GRANTING STIPULATION REGARDING CONSOLDIATED COMPLAINT AND DISCOVERY PLAN AND SCHEDULING ORDER CHARLES DANIELS, et. al. 14 Defendants 15 Plaintiffs DAISY LYNN MEADOWS and AMBER RENEE MENDOZA, by and 16 17 18 19 20 21 22 23 24 25 26 27 28 through their attorneys of record, Margaret A. McLetchie and Leo S. Wolpert with McLetchie Law Group, and Defendants CHARLES DANIELS, MICHAEL MINEV, RAY RIVERA, WILLIAM GITTERE, DOCTOR EXXUM, TASHEENA COOKE, M.H. HAYMAN, DON PERKINS, WILLIAM RUEBART, DAVID DRUMMOND, DEBORAH STRIPLIN, MAURO (first name unknown), STUBBS (first name unknown), ADAMS (first name unknown), STEVE SISOLAK, AARON FORD, BARBARA CEGAVSKE, MICHAEL MINER, HAROLD WICKHAM, JOHN BOWMAN, BRIAN WILLIAMS, JAMES JONES, JENNIFER BAUER, MARY ORTIZ, WARDEN GARRETT, KENNETH WING, LIEUTENANT CLARK, WARDEN HARTMAN, WARDEN BACA, NETHANJAH CHILDERS, CALDWELL BAR, DR. PENCE, JESSICA RANBER, DON DONNELLY, DR. NAUGHTOR, LIEUTENANT PRESTON, LIEUTENANT WHITMER, CORRECTIONS OFFICER TOBBLER, NATHAN HUGHES, CORRECTIONS OFFICER 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 30 Filed 02/21/23 Page 2 of 6 1 JONES, ELY STATE PRISON LAW LIBRARY SUPERVISOR “ROSE”, LISA WALSH, 2 KARA LEGRAND, DR. SAUNDERS, CASEWORKER MEIRS, TRAVIS BENNETT, 3 CORRECTIONS 4 OFFICER “CBI”, and Interested Party, NEVADA DEPARTMENT OF CORRECTIONS, 5 by and through Douglas R. Rands with the Office of the Attorney General, who is appearing 6 for Interested Party Nevada Department of Corrections for the limited purpose of settlement 7 discussions (collectively “Parties”), hereby submit this Stipulation and Stipulated Discovery 8 Plan and Scheduling Order for the Court’s approval. The Parties met and conferred via phone 9 on January 19, 2023, and had a telephonic conference with the Court regarding this 10 Discovery Plan and Scheduling Order on January 20, 2023. The Parties further conferred via 11 email on February 6, 2023, regarding the deadline to file the Second Amended Complaint. 12 SPECIAL SCHEDULING REVIEW REQUESTED PURSUANT TO LR 26-1(d) OFFICER TAFFLIMIER, SERGANT “LBJ”, CORRECTIONS 13 The claims presented by the Plaintiffs require complex and atypical discovery not 14 common in most civil suits. This case has two Plaintiffs and is a matter in which four cases 15 which have been consolidated. Further, it will likely require the testimony of specialized 16 experts, multiple fact witnesses, depositions, and discovery responses from multiple 17 defendants. As such, the unique approach set forth herein is appropriate for this matter. 18 SCHEDULE FOR AMENDED COMPLAINT AND REPSONSE 19 1. 20 The last day to file Plaintiffs’ Second Amended Complaint will be Friday, March 21 Second Amended Complaint 17, 2023. 22 2. 23 The Court shall expedite screening of Plaintiffs’ Second Amended Complaint. 24 3. 25 The Parties shall meet and confer as to whether Mr. Rands will accept service of 26 Screening Order Acceptance of Service the Second Amended Complaint on behalf of Defendants. 27 /// 28 /// 2 Case 3:22-cv-00205-ART-CLB Document 30 Filed 02/21/23 Page 3 of 6 1 4. Answer to Second Amended Complaint 2 a) Defendants will have thirty (30) days to Answer Plaintiffs’ Second 3 Amended Complaint from the date the Court issues a Screening Order. 4 b) 5 have thirty (30) days to Answer Plaintiffs’ Second Amended complaint from the date of 6 service. 7 c) If a Screening Order is issued after service of Plaintiffs’ Second Amended 8 Complaint, Defendants will have thirty (30) days from the date of Screening Order or from 9 the date of service, whichever is later. 10 11 INFORMATION PURSUANT TO LR 26-1 AND FRCP 26(f) 1. Discovery Cut-Off Date; Estimate of Time Required for Discovery (LR 12 ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM If a Screening Order is not issued prior to March 17, 2023, Defendants will 26-1(b)(1); Fed. R. Civ. P. 16(b)): 13 In accordance with Local Rule 26-1(e)(1), the one hundred eighty (180) day 14 discovery period will begin on the service date of Defendants’ Answer to Plaintiffs’ Second 15 Amended Complaint. 16 2. 17 The last day to file motions to amend the pleadings or to add parties is ninety (90) 18 19 20 21 22 23 24 Amendment of Pleadings and Addition of Parties days from the expiration of the discovery period. 3. Certification of Alternative Dispute Resolution (LR 26-1(b)(7); Discussions Regarding Settlement (Fed. R. Civ. P. 26(f)(2)) The Parties hereby certify that they met and conferred about the possibility of using alternative dispute-resolution (ADR) processes, including mediation and arbitration. 4. Certification of Alternative Forms of Case Disposition (LR 26-1(b)(8); Fed R. Civ. P. 73)): 25 The Parties hereby certify that they considered consent to trial by a magistrate judge 26 under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, use of the Short Trial Program (General 27 Order 2013-01), but do not agree to have this trial heard by a magistrate judge nor do they 28 agree to participate in the Short Trial Program. 3 Case 3:22-cv-00205-ART-CLB Document 30 Filed 02/21/23 Page 4 of 6 ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 1 ADDITIONAL INFORMATION SUBMITTED PURSUANT TO FED. R. CIV. P. 26 2 1. 3 Pursuant to Fed. R. Civ. P. 26(a)(1)(C), initial disclosures are due within fourteen 4 (14) days of the Rule 26(f) conference. The Parties have stipulated to exchange initial 5 disclosures fourteen (14) days after filing of Defendants’ Answer to Plaintiffs’ Second 6 Amended Complaint. 7 2. 8 Plaintiff intends to seek discovery on the following subjects: 9 • 10 pleadings; 11 • Pertinent policies, practices, and training; 12 • Whether similar incidents have occurred; and 13 • Damages. 14 Defendants intend to seek discovery on the following subjects: 15 • 16 Timing of Initial Disclosures (Fed. R. Civ. P. 26(f)(3)(A)): Discovery Subjects and Phasing (Fed. R. Civ. P. 26(f)(3)(B)): The incident(s) detailed and/or alleged in the Complaint and responsive The incident(s) alleged in the Complaint, and information and documents relating to Plaintiff’s claims; and 17 • 18 It is the Parties’ view that discovery need not be conducted in phases, nor be 19 limited to or focused on particular issues. 20 21 Information relating to Plaintiff’s claim for damages. 3. Issues Regarding Electronically Stored Information (“ESI”) (Fed. R. Civ. P. 26(f)(3)(C)): 22 The Parties intend to further discuss and review the production of ESI. The parties 23 intend to present evidence in electronic format to jurors for the purposes of jury deliberations. 24 25 4. 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)): 26 The Parties intend to submit a Proposed Stipulated Protective Order to the Court. 27 /// 28 /// 4 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 30 Filed 02/21/23 Page 5 of 6 1 5. 2 It is the parties’ current view that, other than the bifurcated discovery plan set forth 3 above, changes are not necessary, and that the Parties should proceed to engage in and 4 supplement all discovery as permitted under the Federal Rules of Civil Procedure and the 5 Local Court Rules, including Depositions, Interrogatories, Requests for Production of 6 Documents, and Requests for Admissions. 7 6. 8 (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 9 In accordance with Local Rule 26-3, any request for an extension of this discovery 10 plan or any of the individual dates herein shall be filed and served no later than twenty-one 11 (21) days before the expiration of the subject deadline. Any motion of stipulation shall be 12 supported by good cause and include: 13 a) A statement specifying the discovery completed; 14 b) A specific description of the discovery that remains to be completed; 15 c) The reasons why the deadline was not satisfied or the remaining discovery 16 17 was not completed within the time limits set by the discovery plan; and d) 18 A proposed schedule for completing all remaining discovery. ADDITIONAL SCHEDULING INFORMATION 19 1. 20 The Court will schedule a status check on the progress of the Parties’ discovery 21 Status Check on Discovery three (3) months into the discovery period. 22 2. 23 Upon the expiration of the discovery period, the Court will conduct a status check 24 Status Check on Settlement Conference to determine the status of the case and referral to the settlement program. 25 3. Discovery Prior to Settlement Resolution 26 The Parties agree that by engaging in a settlement conference, neither party is 27 waiving their rights or stipulating to limit their engagement in motion work prior to final 28 resolution, including, but not limited to, Motions for Summary Judgment. 5 Case 3:22-cv-00205-ART-CLB Document 30 Filed 02/21/23 Page 6 of 6 1 4. 2 In the event that a resolution is achieved at the settlement conference, the Parties 3 will file a status report within fourteen (14) days of conclusion of the settlement conference. ATTORNEYS AT LAW 602 SOUTH TENTH STREET LAS VEGAS, NV 89101 (702)728-5300 (T) / (702)425-8220 (F) WWW.NVLITIGATION.COM 4 5. Joint Status Report After Settlement Discovery Plan and Scheduling Order After Settlement 5 In the event that a resolution is not achieved at the settlement conference, the Parties will 6 meet and confer regarding a renewed discovery plan and scheduling order within twenty-one 7 (21) days of conclusion of the settlement conference. The Parties will submit this 8 discovery plan and scheduling order within fourteen (14) days of their meet and confer effort. 9 This discovery plan and scheduling order will address the need to conduct any 10 remaining discovery or depositions, expert disclosures, and dispositive motions. 11 IT IS SO STIPULATED. 12 DATED this 17th day of February, 2023. DATED this 17th day of February, 2023. 13 MCLETCHIE LAW AARON D. FORD, Attorney General 14 15 16 17 18 19 /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 Plaintiff 20 /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 21 22 IT IS SO ORDERED. 23 21, 2023 DATED: February ___________________________ 24 25 26 ___________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 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.
