Seymour v. Las Vegas Metropolitan Police Department

1 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 [email protected] [email protected] Attorneys for Defendant Las Vegas Metropolitan Police Department UNITED STATES DISTRICT COURT DISTRICT OF NEVADA DOUGLAS SEYMOUR, Case No. 2:20-cv-00937-RFB-VCF Plaintiff, vs. STIPULATION TO EXTEND DISPOSITIVE MOTION DEADLINE JOHNNY WOODRUFF; and LAS VEGAS (First Request) METROPOLITAN POLICE DEPARTMENT’ and JOHN DOES 1 to 50, inclusive, 15 Defendants.

17 Pursuant to LR 6-1 and LR 26-4, Defendant, Las Vegas Metropolitan Police Department (“LVMPD”), Defendant, Johnny Woodruff (“Woodruff”) and Plaintiff, Douglas Seymour (“Seymour”) by and through their respective counsel, hereby stipulate, agree, and request that this Court extend the dispositive motion deadline from the current date of November 3, 2021 as the parties are actively involved in settlement discussions which may alleviate the need to file any dispositive motions.

23 / / / / / / 1 A. Discovery Completed to Date 2 The parties have exchanged their initial Rule 26 Disclosures. Defendant Las Vegas Metropolitan Police Department (“LVMPD”) has provided six additional supplemental disclosures; Plaintiff has provided one additional supplemental disclosure; and Woodruff provided a supplemental disclosure. All parties served and responded to various written discovery. LVMPD served various third-party subpoenas which following litigating Motions to Quash filed by Plaintiff, responses have been received and disclosed.

8 The depositions of Woodruff, a third-party, Sgt. Jonathan Robinson and the Plaintiff were taken. An IPE of Plaintiff was conducted. The parties timely disclosed expert reports.

10 B. Discovery Remaining to be Completed 11 No further discovery is needed.

12 C. Reason for Request for Extension of Dispositive Motion Deadline 13 As stated above, the parties are discussing settlement which would resolve this matter in its entirety. The parties wish to conserve resources at this time as in the event the parties are able to reach resolution, there will be no need to file dispositive motions.

16 D. Proposed Extended Deadline for Dispositive Motions 17 Accordingly, the parties respectfully request that this Court enter an order as follows: 18 (1)Dispositive Motions.

19 The parties request the current deadline of November 3, 2021, be extended to November 17, 2021.

21 The parties recognize that they are making this request fewer than twenty-one days before the current dispositive motion deadline of November 3, 2021, however the parties submit that good cause and excusable neglect exists for the delay.

24 / / / 1 LR 26-3 states in relevant part: 2 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 3 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 4 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 5 excusable neglect.

6 In evaluating excusable neglect, the court considers the following factors: (1) the reason for the delay and whether it was in the reasonable control of the moving party, (2) whether the moving party acted in good faith, (3) the length of the delay and its potential impact on the proceedings, and (4) the danger of prejudice to the nonmoving party. See Pioneer Inv. Servs. Co. v. Brunswick Assocs., 507 U.S. 380, 395 S. Ct. 1489, 123 L.Ed.2d 74 (1993).

11 There is good cause for the requested brief extension as shown above. The parties have conducted all discovery in this matter and at the conclusion of discovery, the parties began settlement discussions. The discussions only recently commenced so the parties were not aware twenty-one (21) days ago that an extension would be necessary. The parties need additional time to negotiate without spending additional fees, resources and time in the preparation of dispositive motions.

17 / / / / / / / / / / / / / / / / / / / / / / / / 1 This request for an extension is made in good faith and joined by all the parties in this ||case. Trial is not yet set in this matter and dispositive motions have not yet been filed.

3 || Accordingly, this extension will not delay this case. Moreover, this Request will allow the || parties to possibly resolve this matter in its entirety.

5 DATED this 27th day of October, 2021.

6 || KAEMPFER CROWELL PETER GOLDSTEIN LAW CORP By: _/s/Lyssa S. Anderson By: _/s/ Peter Goldstein g LYSSA S. ANDERSON Peter Goldstein Nevada Bar No. 5781 Nevada Bar No. 6992 9 Seen Bark. 13084 10161 Park Run Dr., Ste. 150 1980 Festival Plaza Drive Las Vegas, NV 89145 10 Suite 650 Attorneys for Plaintiff Las Vegas, Nevada 89135 11 Attorneys for Defendant Las Vegas Metropolitan Police 12 Department MCNUTT LAW FIRM, P.C.

14 By: _/s/ Daniel R. McNutt DANIEL R. MCNUTT 15 Nevada Bar No. 7815 MATTHEW C. WOLF 16 Nevada Bar No. 10801 South Eighth Street 17 Las Vegas, Nevada 89101 Attorneys for Defendant 18 Officer John Woodruff 19 ORDER IT IS SO ORDERED.

22 UNITED STATES MAGISTRATE JUDGE 23 Dated this 28th day of October 2021.

CROWELL Festival Plaza Drive Suite 650 Kaempfer Crowell 1980 Festival Plaza Drive, Suite 650 Las Vegas, NV 89135-2958 Tel: (702) 792-7000 Fax: (702) 796-7181 Email: [email protected] │ WEBSITE │  Please consider the environment before printing this email This e-mail communication is a confidential attorney-client communication intended only for the person named above. If you are not the person named above, or the employee or agent responsible for delivery of the following information, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone (702) 792-7000. Also, please e-mail the sender that you have received the communication in error. We will gladly reimburse your telephone expenses. Thank you.

IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Dan McNutt [mailto:[email protected]] Sent: Wednesday, October 27, 2021 3:42 PM To: Peter Goldstein <[email protected]>; Wendy Applegate <[email protected]> Cc: Matt Wolf <[email protected]>; Lyssa Anderson <[email protected]>; Kristopher Kalkowski <[email protected]>; Luisa Cota <[email protected]>; Toni Gesin ([email protected]) <[email protected]> Subject: Re: LVMPD/Seymour Ok to file with my signature.

DM From: Peter Goldstein <[email protected]> Date: Wednesday, October 27, 2021 at 3:34 PM To: Wendy Applegate <[email protected]> Cc: Dan McNutt <[email protected]>, Matt Wolf <[email protected]>, Lyssa Anderson <[email protected]>, Kristopher Kalkowski <[email protected]>, Luisa Cota <[email protected]>, "Toni Gesin ([email protected])" <[email protected]> Subject: Re: LVMPD/Seymour You have me permission to affix my e‐signature and file.

Peter