Downes-Covington v. Las Vegas Metropolitan Police Department

I MARGARET A. MCLETCHIE, Nevada Bar No. 10931 PIETER M. O’LEARY, Nevada Bar No. 15297 | | LEO S. WOLPERT, Nevada Bar No. 12658 MCLETCHIE LAW 3| | 602 South 10" Street Las Vegas, NV 89101 Telephone: (702) 728-5300 / Fax: (702) 425-8220 | | Email: efile @nvlitigation.com ‘ Counsel for Plaintiffs 7 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA | | LANCE DOWNES-COVINGTON, an | Case No.: 2:20-cv-01790-CDS-DJA individual SOLDADERA SANCHEZ, an | | individual, ROBERT O’BRIEN, an individual, EMILY DRISCOLL, an individual, ALISON | STIPULATION AND ORDER TO 1) KENADY, an individual, TENISHA MARTIN, | EXTEND DEADLINE FOR 12||an individual GABRIELA MOLINA, an| PLAINTIFFS’ REPLY IN individual, SUPPORT OF MOTION FOR 13 Plaintiffs, SANCTIONS BASED ON 14 VS. DEFENDANTS’ DESTRUCTION OF EVIDENCE 15||LAS VEGAS METROPOLITAN POLICE DEPARTMENT, in its official capacity; | (SECOND REQUEST) 2422 16/|LIEUTENANT KURT MCKENZIE, as an 7 individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; 18||OFFICER TABATHA DICKSON, as an individual and in her capacity as a Las Vegas Metropolitan Police Department Officer; CAPTAIN PATRICIA SPENCER, as an individual and in her capacity as a Las Vegas {Metropolitan Police Department Officer; CAPTAIN DORI KOREN, as an individual and | lin his capacity as a Las Vegas Metropolitan Police Department Officer; EVAN SPOON, as an individual and in his capacity as a Las Vegas 24||Metropolitan Police Department Officer; JORDAN TURNER, as an individual and in his capacity as a Las Vegas Metropolitan Police | | Department Officer; UNKNOWN OFFICERS 1- 14, as individuals and in their capacity as Las | | Vegas Metropolitan Police Department Officers, 28 Defendants.

1 Plaintiffs Lance Downes-Covington, Soldadera Sanchez, Robert O’Brien, Emily | | Driscoll, Alison Kenady, Tenisha Martin, and Gabriela Molina (collectively “Plaintiffs’), 3||by and through their respective counsel, and Defendants, the Las Vegas Metropolitan 4||Police Department (““LVMPD”), Lieutenant Kurt McKenzie, Officer Tabatha Dickson, | | Captain Patricia Spencer, Captain Dori Koren, Evan Spoon, Jordan Turner, and Unknown | | Officers 1-14 (collectively “LVMPD Defendants”), by and through their respective | | counsel,(collectively the “Parties”) hereby stipulate to the following: 8 1. On August 1, 2023, Plaintiffs filed their Motion for Sanctions Based on | |Defendants’ Destruction of Evidence (ECF No. 153); 10 2. On August 22, 2023, the Court granted Defendants’ Motion to Extend | |Opposition to Plaintiffs’ Motion for Sanctions Based on Defendants’ Destruction of | | Evidence (“Defendants’ Opposition”) (ECF No. 156); g 13 3. The deadline for Plaintiffs’ Reply in Support of their Motion for Sanctions : 14 | |Based on Defendants’ Destruction of Evidence was August 30, 2023; 15 4. On August 29, 2023, the Parties stipulated to extend the deadline for | | Plaintiffs’ Reply from August 30, 2023, to September 13, 2023 (ECF No. 161); 17 5. Due to competing deadlines in other matters, Counsel for Plaintiffs has not | |had sufficient time to prepare its Reply, and therefore, is unable to meet the September 13, | |2023, deadline; 20 6. The Parties have met and conferred and agree that the deadline for Plaintiffs | |to file their Reply in Support of their Motion for Sanctions Based on Defendants’ Destruction | |shall be extended by seven (7) days; 23 7. Accordingly, the deadline for Plaintiffs’ Reply in Support of their Motion | |for Sanctions Based on Defendants’ Destruction shall be rescheduled from September 13, | |2023, to September 20, 2023; 26 8. This is the Parties’ Second request for an extension of this deadline.

27 | |/// | |/// 1 9. The Parties both submit that the instant stipulation is being offered in good | |faith and not for the purpose of delay.

4 IT IS SO STIPULATED 5 .

6 Dated this 12 day of September 2023. Dated this 12™ day of September 2023.

MCLETCHIE LAW MARQUIS AURBACH 9 By:_/s/ Pieter M. O'Leary By: /s/ Jackie V. Nichols Margaret A. McLetchie, Esq. Craig R. Anderson, Esq.

10 Nevada Bar No. 10931 Nevada Bar No. 6882 Pieter M. O’Leary, Esq. Jackie V. Nichols, Esq.

11 Nevada Bar No. 15297 Nevada Bar No. 14246 12 Leo S. Wolpert, Esq. 10001 Park Run Drive Nevada Bar No. 12658 Las Vegas, Nevada 89145 13 602 South 10th Street Attorneys for LVMPD Defendants Las Vegas, Nevada 89101 14 Attorneys for Plaintiffs gine 10 38 ORDER = 17 = ID Xd 18 s\ A 19 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 1 DATED: 9/19/2023