Nutsch v. Las Vegas Metropolitan Police Department

1 MARGARET A. MCLETCHIE, Nevada Bar No. 10931 LEO S. WOLPERT, Nevada Bar No. 12658 2) |MCLETCHIE LAW South Tenth Street | |Las Vegas, NV 89101 Telephone: (702) 728-5300 Fax: (702) 425-8220 | |Email: [email protected] ‘ Counsel for Plaintiff Travis Nutsch 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA g | | TRAVIS NUTSCH, an individual, Case No.: 2:23-cv-01101-JCM-VCF 10 Plaintiff, STIPULATION AND ORDER TO |vs EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES 12] | LAS VEGAS METROPOLITAN POLICE = |DEPARTMENT, a Municipal Corporation; (FIRST REQUEST) OFFICER TIMOTHY NYE, an individual; ag 14| | OFFICER GEORGE AJAM, an individual; OFFICER GENE WOLFANGER, an individual; OFFICER KELLEY FURNAS, | | an individual; OFFICER ISRAEL CRUZ CAMACHO, an individual; OFFICER © |GABRIEL LEA, an individual; DOE OFFICERS III-VII, individuals 19 Defendants.

20 Plaintiff Travis Nutsch, by and through his respective counsel, and Defendants Las | |Vegas Metropolitan Police Department, Officer Timothy Nye, Officer George Ajam, and | |Officer Gene Wolfanger, Officer Kelly Furnas, Officer Isrrael Cruz Camacho, and Officer | |Gabriel Lea, (““LVMPD Defendants”), by and through their respective counsel (collectively | |“the Parties”), hereby stipulate and agree to extend the Discovery Plan and Scheduling Order | |deadlines an additional sixty (60) days. This Stipulation is being entered in good faith and | {not for purposes of delay. This is the first request for an extension in this matter.

1} /1. STATUS OF DISCOVERY.

2 A. PLAINTIFF’S DISCOVERY 3 1. Plaintiff's Initial Disclosures and Production of Documents Pursuant to Fed. |R. Civ. P. 26.1, dated August 28, 2023.

5 2. Plaintiff's First Set of Requests for Production to Defendant Las Vegas | |Metropolitan Police Department, dated October 12, 2023.

7 B. DEFENDANTS’ DISCOVERY 8 1. Defendants’ Initial List of Witnesses and Documents Pursuant to Fed. R. | |Civ. P. 26.1 dated August 30, 2023, 10 2. DISCOVERY THAT REMAINS TO BE COMPLETED.

1 The Parties are actively conducting discovery.

12 Plaintiffs need additional time to receive and review documents produced by Defendants; Defendants have requested a two-week extension of the November 14, 2023, | | deadline.

15 The Parties’ primary remaining discovery tasks include: (1) addressing any remaining meet and confer issues and finishing written discovery; (3) scheduling of = 17 depositions; and (3) expert discovery. Further, the Parties intend to save resources by having any expert disclosures follow the completion of fact discovery, to avoid the time and expense | |related to supplementing reports.

20 3. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY.

21 This is the first request for an extension of discovery deadlines in this matter. The | |Parties request that the Discovery Plan and Scheduling Order deadlines be extended an | Jadditional sixty (60) days so that the Parties may complete the tasks above.

24 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 twenty- 26] lone (21) days before the expiration of the subject deadline, and that a request made within twenty-one (21) days must be supported by a showing of good cause. Here, almost all of the |deadlines the Parties seek to extend are outside of the twenty-one (21) day window, the | |deadline for initial exert disclosures, however, 1s within the twenty-one (21) day window.

2 | Thus, the Parties must establish that good cause exists to extend these deadlines. Pursuant to | |Local Rule 26-3, the Parties submit that good cause exists for the extension requested.

4 The Parties have been diligently conducting discovery, but an extension is needed | |to efficiently continue to conduct discovery, analyze the information provided, and manage | |the case. The Parties are resolving issues and meeting and conferring regarding related issues.

7 Finally, the Parties together request this in good faith and to further the resolution | jof this complicated case on the merits, and not for any purpose of delay.

9 There is thus good cause for the extension. ““Good cause to extend a discovery | |deadline exists ‘if it cannot reasonably be met despite the diligence of the party seeking the | Jextension.’” Derosa v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013 U.S. Dist. LEXIS 12 | |108235, 2013 WL 3975764, at 1 (D. Nev. Aug. 1, 2013) (quoting Johnson v. Mammoth | |Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)); see also Fed. R. Civ. P. 1 (providing | |that the Rules of Civil Procedure “should be construed, administered, and employed by the i 15 | |court and the Parties to secure the just, speedy, and inexpensive determination of every action | |and proceeding”). The Parties have been diligent in litigating this matter. Thus, the standard | |to extend all deadlines is satisfied here.

18 Based on the foregoing stipulation and proposed deadlines plan, the Parties thus | |respectfully request an extension of time to extend the discovery in this matter to enable to | |them to conduct necessary discovery in this matter and so that this matter is fairly resolved | jon the merits.

22 4, PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DEADLINES Add Parties 28 Disclosures 1 Rebuttal Expert December 11, 2023 February 9, 2024 Disclosures 2 Discovery Cut-Off January 10, 2024 March 11, 2024!

3 February 9, 2024 April 9, 2024 4 Joint Pretrial Order March 11, 2024 April 10, 2024 5 (If dispositive motions are filed, 6 the deadline shall be suspended until thirty (30) days after the 7 decision of the dispositive motions or further order of the 8 Court.)

9 Based on the foregoing stipulation and proposed deadlines plan, the Parties request 10] |that the Discovery Plan and Scheduling Order deadlines be extended an additional sixty (60) days so that the parties may conduct necessary discovery. e 13 a5 © 17 28 ———.T— Sixty (60) days from January 10, 2024, is Sunday, February 10, 2024 IT IS SO STIPULATED.

2 DATED this 13 day of November, 2023. DATED this 13 day of November, 2023.

MCLETCHIE LAW MARQUIS AURBACH By: /s/ Margaret A. McLetchie By: /s/ Nick D. Crosby MARGARET A. MCLETCHIE NICK D. CROSBY 6 Nevada Bar No. 10931 Nevada Bar No. 8996 LEO S. WOLPERT, 10001 Park Run Drive 7 Nevada Bar No. 12658 Las Vegas, Nevada 89145 g 602 South Tenth Street Telephone: (702) 382-0711 Las Vegas, Nevada 89101 Facsimile: (702) 382-5816 9 Telephone: (702) 728-5300 [email protected] Fax: (702) 425-8220 Attorney for LVMPD Defendants 10 Email: [email protected] 1 Attorneys for Plaintiff ORDER e 13 14 IT IS SO ORDERED.

16 Cn 17 U.S. DISFRIET COURT MAGISTRATE JUDGE 19 Dated this 14th day of November 2023.