Brown v. Tromba

1 LYSSA S. ANDERSON Nevada Bar No. 5781 KRISTOPHER J. KALKOWSKI Nevada Bar No. 14892 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 Defendants Las Vegas Metropolitan Police Department and Dante Tromba 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA MARLON LORENZO BROWN , Case No.: 2:17-cv-02396-APG-BNW 12 Plaintiff, vs. STIPULATION TO STAY DISCOVERY DANTE TROMBA, et al., Defendants.

16 MARLON BROWN Consolidated Case No.: 2:19-cv-01350-APG- BNW 17 Plaintiff, vs. SGT. TROMBA and LAS VEGAS METROPOLITAN POLICE DEPARTMENT, 20 Defendants.

22 Defendants Las Vegas Metropolitan Police Department (“LVMPD”) and Dante Tromba (collectively, “LVMPD Defendants”), by and through their counsel, Kaempfer Crowell, and Marlon Lorenzo Brown (“Plaintiff”), by and through his counsel, McAvoy Amaya & Revero, hereby stipulate as follows: 2 1. Discovery shall be stayed until the Court rules on LVMPD Defendants’ Motion to Dismiss, (ECF No. 116), subject to lifting of the stay if the case is not dismissed; 4 2. A stay is necessary because the pending Motion involves issues of immunity and adequacy of pleading allegations, and resolution of the Motion does not require discovery. Pilger v. Mosley, No. 2:18-cv-00854-JAD-PAL, 2018 WL 5268605, at *2 (D. Nev. Oct. 23, 2018) (“The Supreme Court has squarely held that until the threshold issue of immunity is resolved, discovery should not proceed.”). A stay of discovery at this time will align with Fed. R. Civ. Proc. 1, which declares that the Rules “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

12 3. From this same basis, the Court previously granted the parties’ Stipulation to Stay Discovery. (Order, ECF No. 108); 14 4. The discovery stay shall include all discovery previously served but for which no response has been made; 16 5. The parties agree that any responses to any outstanding discovery will be made within fourteen (14) days of the Court’s ruling on the Motion to Dismiss; if necessary; 18 6. The parties will submit a new proposed Discovery Plan to the Court within fourteen (14) days of the Court’s ruling on the Motion to Dismiss and the stay will be lifted. The new discovery plan will include extended deadlines to designate experts, conduct / / / / / / / / / / / / || discovery, and file dispositive motions.

2 DATED this 23rd day of December, 2022.

3 || KAEMPFER CROWELL McAvoy AMAYA & REVERO By: —/s/Lyssa 8. Anderson By: _ /s/ Michael J. Mcavoyamaya 5 LYSSA S. ANDERSON MICHAEL J. MCAVOYAMAYA Nevada Bar No. 5781 Nevada Bar No. 14082 6 Needs J ton TIMOTHY E. REVERO evada Bar No. 1980 Festival Plaza Drive Nevada Bar No. 14603 7 Suite 650 1100 E. Bridger Ave. Las Vegas, Nevada 89135 Las Vegas, NV 89101 8 Attorneys for Defendants , Las Vegas Metropolitan Police Attorneys for Plaintiff 9 Department and Dante Tromba 11 IT IS SO ORDERED.

12 DATED this 27th day of December, 2022.

14 Gro Las WO fae, UNITED STATES MAGISTRATE JUDGE CROWELL Festival Plaza Drive Suite 650