Semper v. Las Vegas Metropolitan Police Department

1 Marquis Aurbach Craig R. Anderson, Esq.

2 Nevada Bar No. 6882 Jackie V. Nichols, Esq.

3 Nevada Bar No. 14246 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 [email protected] [email protected] Attorneys for Defendants Las Vegas Metropolitan Police Department, Andrew Bauman, Matthew Kravetz, Supreet Kaur, David Jeong, and Theron Young UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA CONNIE SEMPER1, an individual; ASHLEY Case Number: MEDLOCK, an individual; LONICIA 2:20-cv-01875-JCM-EJY BOWIE, an individual; MICHAEL GREEN, an individual; CLINTON REECE, an individual; COREY JOHNSON, an STIPULATION AND ORDER TO individual; DEMARLO RILEY, an EXTEND DISCOVERY PLAN AND individual; CORY BASS, an individual; SCHEDULING ORDER DEADLINES CARLOS BASS, an individual; BREANNA NELLUMS, an individual; and ANTONIO (FIFTH REQUEST) WILLIAMS, an individual, Plaintiffs, 16 vs. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, in its official capacity; ANDREW BAUMAN, individually and in his capacity as a Las Vegas Metropolitan Police Department Officer; DAVID JEONG, individually and in his capacity as a Las Vegas Metropolitan Police Department Officer; SUPREET KAUR, individually and in his capacity as a Las Vegas Metropolitan Police Department Officer; MATTHEW KRAVETZ, individually and in his capacity as a Las Vegas Metropolitan Police Department Officer; and THERON YOUNG, individually and in his capacity as a Las Vegas Metropolitan Police Department Officer, 25 Defendants.

1 Pursuant to FRCP 25, Ms. Semper has been substituted for Phillip Semper pursuant to this court’s order date January 13, 2022, as she is the executrix of his estate.

Page 1 of 15 1 STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES (FIFTH REQUEST) The Represented Plaintiffs, Connie Denise Semper, as Special Administrator for the Estate of Phillip Semper, Corey Johnson, Ashley Medlock, Michael Green, Demarlo Riley, Clinton Reece, and Lonicia Bowie (“Plaintiffs”) and Defendants, the Las Vegas Metropolitan Police Department (the “Department” or “LVMPD”), Sheriff Joseph Lombardo (“Lombardo”), Andrew Bauman (“Bauman”), Matthew Kravetz (“Kravetz”), Supreet Kaur (“Kaur”), David Jeong (“Jeong”), and Theron Young (“Young”), collectively (“LVMPD Defendants”), by their respective counsel, hereby stipulate and agree to extend the Discovery Plan and Scheduling Order deadlines an additional twenty-one (21) days. This Stipulation is being entered in good faith and not for purposes of delay (supplemented information noted in bold-face type).

I. STATUS OF DISCOVERY.

A. PLAINTIFFS’ DISCOVERY.

1. Plaintiffs’ Initial Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated July 6, 2021; 2. Plaintiffs’ First Set of Interrogatories to Defendant Andrew Bauman dated July 22, 2021; 3. Plaintiffs’ First Set of Requests for Production to Defendant Andrew Bauman dated July 22, 2021; 4. Plaintiffs’ First Set of Interrogatories to Defendant David Jeong dated July 22, 2021; 5. Plaintiffs’ First Set of Requests for Production to Defendant David Jeong dated July 22, 2021; 6. Plaintiffs’ First Set of Interrogatories to Defendant Supreet Kaur dated July 22, 2021; Page 2 of 15 1 7. Plaintiffs’ First Set of Requests for Production to Defendant Supreet Kaur dated July 22, 2021; 3 8. Plaintiffs’ First Set of Interrogatories to Defendant Matthew Kravetz dated July 22, 2021; 5 9. Plaintiffs’ First Set of Requests for Production to Defendant Matthew Kravetz dated July 22, 2021; 7 10. Plaintiffs’ First Set of Interrogatories to Defendant LVMPD dated July 22, 2021; 9 11. Plaintiffs’ First Set of Requests for Production to Defendant LVMPD dated July 22, 2021; 11 12. Plaintiffs’ First Set of Interrogatories to Defendant Theron Young dated July 22, 2021; 13 13. Plaintiffs’ First Set of Requests for Production to Defendant Theron Young dated July 22, 2021; 15 14. Plaintiffs’ First Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated July 30, 2021; 17 15. Plaintiffs’ Second Set of Interrogatories to LVMPD dated July 30, 2021; 18 16. Plaintiffs’ Second Set of Requests for Production of Documents to LVMPD dated July 30, 2021; 20 17. Plaintiffs' Third Set of Requests for Production to LVMPD dated October 22, 2021; 22 18. Plaintiffs' Fourth Set of Requests for Production of Documents to LVMPD dated March 31, 2022; 24 19. Plaintiffs' Second Supplemental FRCP 26.1 Disclosures dated March 31, 2022; 25 20. Plaintiff Corey Johnson's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; Page 3 of 15 1 21. Plaintiff Corey Johnson's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 3 22. Plaintiff Connie Semper's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 5 23. Plaintiff Connie Semper's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 7 24. Plaintiff Michael Green's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 9 25. Plaintiff Michael Green's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 11 26. Plaintiff Ashley Medlock's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 13 27. Plaintiff Ashley Medlock's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 15 28. Plaintiff Lonicia Bowie's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 17 29. Plaintiff Lonicia Bowie's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 19 30. Plaintiff Clinton Reece's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 21 31. Plaintiff Clinton Reece's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 23 32. Plaintiff Demarlo Riley's Answers to Defendants' First Set of Requests for Admissions dated April 15, 2022; 25 33. Plaintiff Demarlo Riley's Answers to Defendants' First Set of Interrogatories dated April 15, 2022; 27 34. Plaintiffs' Third Set of Interrogatories to LVMPD dated February 8, 2023; Page 4 of 15 1 35. Plaintiffs' Second Set of Interrogatories to Defendant Andrew Bauman dated February 16, 2023; 3 36. Plaintiffs' First Set of Requests for Admissions to Defendant Andrew Bauman dated February 16, 2023; 5 37. Plaintiffs' Fifth Set of Requests for Production to LVMPD dated February 27, 2023; 7 38. Michael Green's First Amended Answers to LVMPD's First Set of Interrogatories dated March 23, 2023; 9 39. Plaintiffs' Third Supplemental FRCP 26.1 Disclosures dated February 27, 2023; 11 40. Plaintiffs’ Expert Witness 26.1 FRCP Disclosures dated July 17, 2023; 12 41. Plaintiffs’ Fourth Supplemental FRCP 26.1 Disclosures dated July 31, 2023; 14 42. Plaintiffs' Fourth Set of Interrogatories to LVMPD dated August 9, 2023; 15 43. Plaintiffs' Sixth Set of Requests for Production to LVMPD dated August 9, 2023; 17 44. Plaintiffs' First Set of Requests for Admissions to LVMPD dated August 9, 2023; 19 45. Plaintiffs’ Fifth Supplemental FRCP 26.1 Disclosures dated August 24, 2023; 21 46. Corey Johnson's Amended Answers to LVMPD's First Set of Requests for Admissions dated August 28, 2023; 23 47. Connie Semper's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 25 48. Demarlo Riley's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; Page 5 of 15 1 49. Clinton Reece's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 3 50. Ashley Medlock's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; 5 51. Michael Green's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023; and 7 52. Lonicia Bowie's Amended Answers to LVMPD's First Set for Requests for Admissions dated August 29, 2023.

9 B. DEFENDANTS’ DISCOVERY.

10 53. LVMPD Defendants’ Initial Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated July 6, 2021; 12 54. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Andrew Bauman dated August 31, 2021; 14 55. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Andrew Bauman dated August 31, 2021; 16 56. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant David Jeong dated August 31, 2021; 18 57. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant David Jeong dated August 31, 2021; 20 58. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Supreet Kaur dated August 31, 2021; 22 59. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Supreet Kaur dated August 31, 2021; 24 60. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Matthew Kravetz dated August 31, 2021; 26 61. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Matthew Kravetz dated August 31, 2021; Page 6 of 15 1 62. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant LVMPD dated August 31, 2021; 3 63. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant LVMPD dated August 31, 2021; 5 64. Defendant’s Answers to Plaintiffs’ First Set of Interrogatories to Defendant Theron Young dated August 31, 2021; 7 65. Defendant’s Responses to Plaintiffs’ First Set of Requests for Production to Defendant Theron Young dated August 31, 2021; 9 66. Defendants’ First Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated August 31, 2021; 11 67. Defendant’s Answers to Plaintiffs’ Second Set of Interrogatories to LVMPD dated September 1, 2021; 13 68. Defendant’s Responses to Plaintiffs’ Second Set of Requests for Production of Records to LVMPD dated September 1, 2021; 15 69. Theron Young's Amended Answers to Plaintiffs' First Set of Interrogatories dated September 8, 2021; 17 70. LVMPD's Amended Answers to Plaintiffs' First Set of Interrogatories dated September 16, 2021; 19 71. LVMPD's Supplemental Responses to Plaintiffs' First Set of Requests for Production dated November 2, 2021; 21 72. LVMPD Defendants' Second Supplemental FRCP 26.1 Disclosures dated November 3, 2021; 23 73. LVMPD's Responses to Plaintiffs' Third Set of Requests for Production dated November 23, 2021; 25 74. LVMPD Defendants' Third Supplemental FRCP 26.1 Disclosures dated November 23, 2021; Page 7 of 15 1 75. LVMPD Defendants' Fourth Supplemental FRCP 26.1 Disclosures dated February 3, 2023; 3 76. LVMPD Defendants' Fifth Supplemental FRCP 26.1 Disclosures dated March 14, 2022; 5 77. LVMPD Defendants' First Set of Interrogatories to Plaintiff Connie Denise Semper, as Special Administrator for the Estate of Phillip Semper dated March 16, 2022; 7 78. LVMPD Defendants' First Set of Interrogatories to Plaintiff Corey Johnson dated March 16, 2022; 9 79. LVMPD Defendants' First Set of Interrogatories to Plaintiff Ashley Medlock dated March 16, 2022; 11 80. LVMPD Defendants' First Set of Interrogatories to Plaintiff Michael Green dated March 16, 2022; 13 81. LVMPD Defendants' First Set of Interrogatories to Plaintiff Demarlo Riley dated March 16, 2022; 15 82. LVMPD Defendants' First Set of Interrogatories to Plaintiff Clinton Reece dated March 16, 2022; 17 83. LVMPD Defendants' First Set of Interrogatories to Plaintiff Lonicia Bowie dated March 16, 2022; 19 84. LVMPD Defendants' First Set of Interrogatories to Plaintiff Cory Bass dated March 16, 2022; 21 85. LVMPD Defendants' First Set of Interrogatories to Plaintiff Antonio Williams dated March 16, 2022; 23 86. LVMPD Defendants' First Set of Interrogatories to Plaintiff Breanna Nellums dated March 16, 2022; 25 87. LVMPD Defendants' First Set of Interrogatories to Plaintiff Carlos Bass dated March 16, 2022; Page 8 of 15 1 88. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Connie Denise Semper, as Special Administrator for the Estate of Phillip Semper dated March 16, 2022; 4 89. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Corey Johnson dated March 16, 2022; 6 90. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Ashley Medlock dated March 16, 2022; 8 91. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Michael Green dated March 16, 2022; 10 92. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Demarlo Riley dated March 16, 2022; 12 93. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Clinton Reece dated March 16, 2022; 14 94. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Lonicia Bowie dated March 16, 2022; 16 95. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Cory Bass dated March 16, 2022; 18 96. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Antonio Williams dated March 16, 2022; 20 97. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Breanna Nellums dated March 16, 2022; 22 98. LVMPD Defendants' First Set of Requests for Admissions to Plaintiff Carlos Bass dated March 16, 2022; 24 99. LVMPD's Responses to Plaintiffs' Fourth Set of Requests for Production dated May 10, 2022; 26 100. LVMPD Defendants' Sixth Supplemental FRCP 26.1 Disclosures dated May 10, 2022; Page 9 of 15 1 101. LVMPD's Second Supplemental Responses to Plaintiffs' First Set of Requests for Production dated August 16, 2022; 3 102. LVMPD's First Supplemental Responses to Plaintiffs' Third Set of Requests for Production dated August 16, 2022; 5 103. LVMPD Defendants' Seventh Supplemental FRCP 26.1 Disclosures dated August 16, 2022; 7 104. LVMPD Defendants' Eighth Supplemental FRCP 26.1 Disclosures dated December 7, 2022; 9 105. LVMPD Defendants' Ninth Supplemental FRCP 26.1 Disclosures dated January 12, 2023; 11 106. LVMPD Defendants' Tenth Supplemental FRCP 26.1 Disclosures dated February 2, 2023; 13 107. LVMPD's Answers to Plaintiffs' Third Set of Interrogatories dated March 20, 2023; 15 108. Andrew Bauman's Answers to Plaintiffs' Second Set of Interrogatories dated March 21, 2023; 17 109. Andrew Bauman's Answers to Plaintiffs' First Set of Requests for Admissions dated March 21, 2023; 19 110. LVMPD's Responses to Plaintiffs' Fifth Set of Requests for Production dated April 5, 2023; and 21 111. LVMPD Defendants' Eleventh Supplemental FRCP 26.1 Disclosures dated April 5, 2023.

23 C. DEPOSITIONS.

24 1. Plaintiffs deposed Defendant Officer Andrew Bauman on November 9, 2021.

25 2. Plaintiffs deposed Officer Nicholas Brigandi on April 18, 2022.

26 3. Plaintiffs deposed Det. Blake Walford on May 11, 2022.

27 4. Plaintiffs deposed Defendant Officer Theron Young on May 16, 2022.

Page 10 of 15 1 5. Plaintiffs deposed Defendant Officer Supreet Kaur on August 31, 2022.

2 6. Plaintiffs deposed Defendant Officer Matthew Kravetz on September 6, 2022.

3 7. Plaintiffs deposed FRCP 30(b)(6) of LVMPD (Landon Reyes) on December 13, 2022; 5 8. Plaintiffs deposed FRCP 30(b)(6) of LVMPD (Fred Haas) on January 10, 2023; 7 9. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per Cory Bass on March 13, 2023; 9 10. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per Carlos Bass on March 13, 2023; 11 11. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per Breanna Nellums on March 15, 2023; 13 12. LVMPD Defendants deposed/recorded Non-Appearance of Plaintiff Pro Per Antonio Williams on March 15, 2023; 15 13. LVMPD Defendants deposed of Plaintiff Michael Green on March 27, 2023.

16 14. LVMPD Defendants deposed of Plaintiff Lonicia Bowie on August 21, 2023; 18 15. LVMPD Defendants deposed of Plaintiff Counnie Walker [Connie Semper] on August 22, 2023; 20 16. LVMPD Defendants deposed of Plaintiff Clinton Reece on August 22, 2023; 22 17. LVMPD Defendants deposed of Plaintiffs’ Expert Ana Muñiz, Ph.D. on August 25, 2023; 24 18. LVMPD Defendants deposed of Plaintiff Corey Johnson on August 28, 2023; and 26 19. LVMPD Defendants deposed of Plaintiff Demarlo Riley on September 11, 2023.

Page 11 of 15 II. DISCOVERY THAT REMAINS TO BE COMPLETED.

2 The Parties are actively conducting discovery. For the reasons explained below, the Parties will need additional time to respond to written discovery and conduct depositions.

4 III. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY.

5 Pursuant to Local Rule 26-3, the Parties submit that good causes exists for the extension requested. This is the fifth request for an extension of discovery deadlines in this matter. The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation to extend a deadline set forth in a discovery plan must be submitted to the Court no later than 21 days before the expiration of the subject deadline, and that a request made within 21 days must be supported by a showing of good cause. Any modifications to the scheduling order to deadlines that have since passed may only be approved upon the showing of excusable neglect. See Fed. R. Civ. P. 6(b)(1); LaNier v. United States, Case No. 15cv360-BAS (BLM), 2017 WL 13 951040, at *4 (S.D. Cal. Mar. 10, 2017) (requiring a showing of good cause and excusable neglect if request for extension is made after deadline passes); Herrera v. Hitman Fight Gear, LLC, No. CV 12-7927 AG (VBKX), 2013 WL 12138586, at *3 (C.D. Cal. Nov. 18, 2013) (same). As the discovery cut off deadline is September 14, 2023, the Parties request for an extension must be supported by good cause.

18 The Parties have been diligently conducting discovery and continue to conduct discovery. However, due to unforeseen circumstances, the Parties have been unable to complete three depositions that the Parties had scheduled to complete prior to the current discovery cut off.

22 Parties began Clinton Reece’s deposition on August 22, 2023, but counsel for LVMPD had a childcare emergency that arose approximately an hour into the deposition, requiring that Clinton Reece’s deposition be terminated prior to the completion of the deposition. The Parties stipulated to continue Clinton Reece’s deposition to September 11, 2023, but due to a funeral, Clinton Reece was ultimately unavailable to be deposed on that date. The Parties now need more time to complete his deposition.

Page 12 of 15 1 The Parties also had previously scheduled a FRCP 30(b)(6) deposition of a LVMPD designee for September 13, 2023, and Ashley Medlock’s deposition for September 14, 2023.

3 Due to an out-of-town family emergency that arose on September 12, 2023, counsel for LVMPD now cannot attend those depositions. Plaintiff’s counsel is amendable to rescheduling those depositions but more time will be needed to calendar them.

6 Finally, due to the emergency, additional time is needed for LVMPD to complete outstanding discovery responses and to allow time for the parties to meet and confer over any outstanding discovery issues.

9 Except for these unforeseen complications, Parties would have been able to complete discovery as planned as all depositions were scheduled prior to the current cut off.

11 Accordingly, the Parties respectfully submit that good cause exists to extend the discovery deadlines in this matter.

13 IV. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DEADLINES Current Deadline Proposed New Deadline Amend Pleadings and Add Parties March 18, 2023 Past Due/Unchanged Initial Expert Disclosures July 17, 2023 Past Due/Unchanged Rebuttal Expert Disclosures August 16, 2023 Past Due/Unchanged Discovery Cut-Off September 14, 2023 October 5, 2023 Dispositive Motions October 13, 2023 November 3, 2023 Pretrial Order November 13, 2023 December 4, 2023 (If dispositive motions are filed, 21 the deadline for shall be suspended until thirty (30) 22 days after the decision of the dispositive motions or further order of the Court.)

. . . . . . . . .

Page 13 of 15 1 Based on the foregoing stipulation and proposed deadlines plan, the Parties request that the Discovery Plan and Scheduling Order deadlines be extended an additional twenty- one (21) days so that the parties may conduct depositions.

4 IT IS SO STIPULATED.

5 Dated this 13th day of September, 2023 Dated this 13th day of September, 2023 AMERICAN CIVIL LIBERTIES UNION MARQUIS AURBACH OF NEVADA By: /s/ Jackie V. Nichols By: /s/ Christopher M. Peterson Craig R. Anderson, Esq.

9 Christopher M. Peterson, Esq. Nevada Bar No. 6882 Nevada Bar No. 13932 Jackie V. Nichols, Esq.

10 Jacob Smith, Esq. Nevada Bar No. 14246 Nevada Bar No. 16324 10001 Park Run Drive 11 Sadmira Ramic, Esq. Las Vegas, Nevada 89145 Nevada Bar No. 15984 Attorneys for Defendants Las Vegas 4362 W. Cheyenne Avenue Metropolitan Police Department, 13 North Las Vegas, Nevada 89032 Sheriff Joseph Lombardo, Andrew Attorneys for Plaintiffs Connie Denise Bauman, Matthew Kravetz, Supreet 14 Semper, as Special Administrator for Kaur, David Jeong, and Theron Young The Estate of Phillip Semper, Corey 15 Johnson, Ashley Medlock, Michael Green, Demarlo Riley, Clinton Reece, and Lonicia Bowie ORDER IT IS SO ORDERED this 13th day of September, 2023. ____________________________________ 21 United States Magistrate Judge Page 14 of 15