Kalenowski v. City of Las Vegas

1 LYSSA S. ANDERSON Nevada Bar No. 5781 RYAN W. DANIELS Nevada Bar No. 13094 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] [email protected] Attorneys for Defendants Las Vegas Metropolitan Police Department Brian Fortner, Jordan Miller, and Marcus Martin 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA MICAH D. KALENOWSKI , Case No.: 2:20-cv-01743-GMN-VCF 15 Plaintiff, ORDER GRANTING STIPULATION vs. TO EXTEND TIME REGARDING 16 PLAINTIFF’S MOTION TO COMPEL CITY OF LAS VEGAS, NEVADA, et al. AND MOTION TO AMEND 17 [ECF Nos. 81, 82] Defendants.

18 (First Request) 19 Defendants, Las Vegas Metropolitan Police Department (“LVMPD”), Brian Fortner, Jordan Miller, and Marcus Martin (collectively “LVMPD Defendants”), and Plaintiff, Micah Kalenowski, stipulate to extend the current deadlines of June 21, 2023, for LVMPD Defendants to file a Response to Plaintiff’s Motion to Compel, (ECF No. 81), and June 22, 2023, for LVMPD Defendants to file a Response to Plaintiff’s Motion to Amend, (ECF No. 82), by seven days, to June 28 and 29, 2023: 1 1. On June 7, 2023, Plaintiff filed a Motion to Compel, (ECF No. 81); and on June 8, 2023, Plaintiff filed a Motion to Amend his First Amended Complaint, (ECF No. 82); 3 2. The deadline to file a Response to the Motion to Compel is June 21, 2023, and for the Motion to Amend is June 22, 2023, after which Plaintiff has 7 days to file Replies.

5 3. Federal Rule of Civil Procedure 6(b) and Local Rule IA 6-1 impose a good cause standard to extend these deadlines. “‘Good cause’ is a non-rigorous standard that has been construed broadly across procedural and statutory contexts. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010).

9 4. Good cause exists to extend these deadlines by one week. Specifically, LVMPD Defendants’ time to oppose the Motions to Compel and Amend inherently involved a shortened schedule because of the June 19, 2023 holiday. Further, there have recently been several Motions that require briefing from LVMPD Defendants—including a Reply, (ECF No. 83), filed on June 8, 2023, in support of LVMPD Defendants’ Motion for Protective Order; and a Response, (ECF No. 85), by LVMPD Defendants filed on June 9, 2023, opposing Plaintiff’s Motion to Extend Discovery. Additionally, LVMPD Defendants’ counsel took the deposition of Plaintiff’s police practices expert on June 9, 2023, as well as Plaintiff on June 13, 2023; and LVMPD Defendants’ counsel will take the deposition of Plaintiff’s medical expert on June 21, 2023. Plaintiff, moreover, set a deposition for Defendant Fortner to occur on June 22, 2023, and has requested a meet and confer call to occur before the response deadlines on the Motion to Compel and Amend to address setting Defendant Martin’s deposition and document production. Last, LVMPD Defendants’ counsel must attend a hearing for another matter on June 21, 2023. In total, this schedule does not provide sufficient time for LVMPD Defendants’ counsel to address all issues raised in Plaintiff’s Motions to Compel and Amend by the current response deadlines.

24 5. An extension of time will ensure that the Court has appropriate briefing on || Plaintiff's Motion to Amend before making a ruling. Neither party will suffer prejudice from the || extension of one week for briefing, and this Stipulation is brought in a good-faith effort to litigate || the case on its merits.

4 6. The extended deadlines will be as follows: June 28, 2023, for LVMPD Defendants || to file a Response to Plaintiff's Motion to Compel; June 29, 2023, for LVMPD Defendants to file || a Response to Plaintiff's Motion to Amend; July 12, 2023, for Plaintiff to file a Reply in support || of the Motion to Compel; and July 13, 2023, for Plaintiff to file a Reply in support of the Motion || to Amend.

9 DATED this 16th day of June, 2023. DATED this 16th day of June, 2023.

10 KAEMPFER CROWELL McAVOY AMAYA & REVERO 11 By: /s/Lyssa §. Anderson _ By: _/s/ Michael J. McAvoyAmaya LYSSA S. ANDERSON MICHAEL J. McAVOYAMAYA 12 Nevada Bar No. 5781 Nevada Bar No. 14082 RYAN W. DANIELS TIMOTHY E. REVERO 13 Nevada Bar No. 13094 Nevada Bar No. 14603 KRISTOPHER J. KALKOWSKI 1100 E. Bridger Ave. 14 Nevada Bar No. 14892 Las Vegas, NV 89101 1980 Festival Plaza Drive, Suite 650 Attorneys for Plaintiff 15 Las Vegas, Nevada 89135 Attorneys for Defendants 16 Las Vegas Metropolitan Police Department, Brian Fortner, Jordan 17 Miller, and Marcus Martin 18 IT IS SO ORDERED.

19 DATED this 21st day of June, 2023.

22 “* ~ UNITED STATES MAGISTRATE JUDGE CROWELL Festival Plaza Drive Suite 650