Brown v. Tromba

District Attorney CIVIL DIVISION State Bar No. 001565 By: JEFFREY S. ROGAN Deputy District Attorney State Bar No. 010734 South Grand Central Pkwy. 5th Flr.

5 Las Vegas, Nevada 89155-2215 Telephone: (702) 455-4761 Fax: (702) 382-5178 E-Mail: [email protected] Attorneys for Defendants Clark County, the Clark County District Attorney’s Office, and Steve Wolfson 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA Marlon Lorenzo Brown, ) ) 12 Plaintiff, ) Case No: 2:17-cv-02396-APG-BNW ) 13 vs. ) ) City Of Las Vegas, Nevada; Las Vegas ) STIPULATION TO STAY Metropolitan Police Department ) DISCOVERY (LVMPD); Clark County; Clark County ) District Attorney’s Office; Steve ) WOLFSON; Danae Adams; Bruce Nelson; ) Joseph Lombardo; Dante Tromba; Does ) and Roes 1-20, ) ) 18 Defendants. ) ) 20 Defendants Clark County, the Clark County District Attorney’s Office, and Clark County District Attorney Steve Wolfson (the “County Defendants”); the Las Vegas Metropolitan Police Department and Dante Trombe (“LVMPD Defendants”); and Marlon Lorenzo Brown (“Plaintiff”), hereby stipulate as follows: 24 1) Discovery shall be stayed pending ruling on the County Defendants’ and LVMPD Defendants’ Motions to Dismiss, [ECF Nos. 101 and 105], subject to potential lifting of the stay upon terms and conditions that the parties and the court deem just; 27 2) A stay is necessary because these pending Motions involve issues of immunity and adequacy of pleading allegations, and resolution of these Motions does not require further || discovery. Pilger v. Mosley, No. 2:18-cv-00854-JAD-PAL, 2018 WL 5268605, at *2 (D. Ne Oct. 23, 2018) (“The Supreme Court has squarely held that until the threshold issue « ||immunity is resolved, discovery should not proceed.”). A stay of discovery at this time wi ||align with Federal Rule of Civil Procedure 1, which declares that the Rules “should | ||construed, administered, and employed by the court and the parties to secure the jus || speedy, and inexpensive determination of every action and proceeding.”

7 3) The discovery stay shall include all discovery previously served but for which r || response has been made; 9 4) The parties agree that any responses to any outstanding discovery will be made withi || fourteen (14) days of the Court’s ruling on any applicable Motion to Dismiss; if necessary.

11 5) The parties will submit a new proposed Discovery Plan to the Court within fourtee || (14) days of the Court’s ruling on the last filed Motion to Dismiss and the stay will be lifte ||The new discovery plan will include extended deadlines to designate experts, condu || discovery, and file dispositive motions.

15 DATED this 15th day of July, 2022.

16 || KAEMPFER CROWELL MCAVOY AMAYA & REVERO || By: s/Kristopher J. Kalkowski By: s/Michael J. McAvoy-Amaya LYSSA S. ANDERSON MICHAEL J. McAVOY-AMAYA 18 Nevada Bar No. 5781 Nevada Bar No. 14082 KRISTOPHER J. KALKOWSKI TIMOTHY E. REVERO 19 Nevada Bar No. 14892 Nevada Bar No. 14603 1980 Festival Plaza Drive 400 S. 4th St., Ste. 500 20 Suite 650 Las Vegas, NV 89101 Las Vegas, Nevada 89135 Attorneys for Plaintiff 21 Attorneys for Defendants Las Vegas Metropolitan Police 22 Devartment and Dante Tromba ORDER 11 CLARK COUNTY IT IS SO ORDERED DATED: 3:56 pm, July 18, 2022 || By: 4 Jeffrey S. Rogan JEFFREY S. ROGAN bao 25 Deputy District Attorney Sr BNE Nevada Bar No. 010734 BRENDA WEKSLER 26 500 South Grand Central Pkwy. UNITED STATES MAGISTRATE JUDGE Las Vegas, Nevada 89155-2215 27 Attorney for Defendants Clark 8 County, the Clark County District 2 Attorney’s Office, and Steve Wolfson