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-MDC 10 Plaintiff, STIPULATION AND ORDER TO Ivs EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES 12) | LAS VEGAS METROPOLITAN POLICE = |DEPARTMENT, a Municipal Corporation; (FOURTH REQUEST) OFFICER TIMOTHY NYE, an individual; 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-VIHI, individuals 19 Defendants.

20 Plaintiff Travis Nutsch, by and through his respective counsel, and Defendants Las | |Wegas 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 fourth 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. 4] |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 3. Plaintiffs First Set of Requests for Production to Defendants Doe Officers | |III-VII, dated December 12, 2023.

9 4. Plaintiff's First Set of Requests for Production to Defendant Gabriel Lea, | |dated December 12, 2023.

11 5. Plaintiff's First Set of Requests for Production to Defendant Gene | |Wolfanger, dated December 12, 2023.

13 6. Plaintiff's First Set of Requests for Production to Defendant George Ajam, | |dated December 12, 2023.

15 7. Plaintiff's First Set of Requests for Production to Defendant Israel Cruz | |Camacho, dated December 12, 2023.

17 8. Plaintiffs First Set of Requests for Production to Defendant Kelley Furnas, | |dated December 12, 2023.

19 9. Plaintiffs First Set of Requests for Production to Defendant Timothy Nye, | |dated December 12, 2023.

21 10. _— Plaintiff’s First Set of Requests for Admissions to Defendants Doe Officers | |ITI-VII, dated December 12, 2023.

23 11. Plaintiffs First Set of Requests for Admissions to Defendant Gabriel Lea, | |dated December 12, 2023.

25 12. ‘Plaintiff's First Set of Requests for Admissions to Defendant Gene | |Wolfanger, dated December 12, 2023.

27 13. Plaintiffs First Set of Requests for Admissions to Defendant George Ajam, | |dated December 12, 2023.

] 14. __—‘ Plaintiff’s First Set of Requests for Admissions to Defendant Israel Cruz | |Camacho, dated December 12, 2023.

3 15. Plaintiff’s First Set of Requests for Admissions to Defendant Kelley Furnas, | |dated December 12, 2023.

5 16. Plaintiffs First Set of Requests for Admissions to Defendant Timothy Nye, | |dated December 12, 2023.

7 17. Plaintiffs First Set of Interrogatories to Defendants Doe Officers HI-VII, | |dated December 12, 2023.

9 18. = Plaintiffs First Set of Interrogatories to Defendant Gabriel Lea, dated | |December 12, 2023.

11 19. _—— Plaintiff’s First Set of Interrogatories to Defendant Gene Wolfanger, dated | |December 12, 2023.

13 20. ‘Plaintiff's First Set of Interrogatories to Defendant George Ajam, dated | [December 12, 2023.

15 21. Plaintiff's First Set of Interrogatories to Defendant Israel Cruz Camacho, | |dated December 12, 2023.

17 22. ‘Plaintiff's First Set of Interrogatories to Defendant Kelley Furnas, dated | |December 12, 2023.

19 23. ‘Plaintiff's First Set of Interrogatories to Defendant Timothy Nye, dated | |December 12, 2023.

21 24. ‘Plaintiff's Responses to Defendant Gabriel Lea’s First Set of | |Interrogatories, dated May 29, 2024.

23 25. ‘Plaintiff's Responses to Defendant Gene Wolfanger’s First Set of | |Interrogatories, dated May 29, 2024.

25 26. Plaintiff's Responses to Defendant George Ajam’s First Set of | |Interrogatories, dated May 29, 2024.

27 27. Plaintiff's Responses to Defendant Israel Cruz Camacho’s First Set □□□ | |Interrogatories, dated May 29, 2024.

1 28. ‘Plaintiff's Responses to Defendant Kelley Furnas’s First Set of | |Interrogatories, dated May 29, 2024.

3 29. ‘Plaintiff's Responses to Defendant Timothy Nye’s First Set of | |Interrogatories, dated May 29, 2024.

5 30. _—— Plaintiff's Responses to Defendant LVMPD’s First Set of Interrogatories, | |dated May 29, 2024.

7 31. ‘Plaintiff's Responses to Defendant LVMPD’s First Set of Requests for | |Production of Documents, dated May 29, 2024.

9 B. DEFENDANTS’ DISCOVERY 10 1. Defendants’ Initial List of Witnesses and Documents Pursuant to Fed. R. | |Civ. P. 26.1 dated August 30, 2023.

12 2. Defendant LVMPD’s responses to Plaintiffs First Set of Requests for = 13 | |Production of Documents, dated November 27, 2023.

14 3. Defendant Gabriel Lea’s responses to Plaintiffs First Set of Requests for Admission, dated January 25, 2024.

16 4. Defendant Gene Wolfanger’s responses to Plaintiff's First Set of Requests for Admission, dated January 25, 2024.

6 5. Defendant George Ajam’s responses to Plaintiff’s First Set of Requests for Admission, dated January 25, 2024.

51 6. Defendant Israel Cruz Camacho’s responses to Plaintiff's First Set of Requests for Admission, dated January 25, 2024.

3 7. Defendant Kelly Furnas’ responses to Plaintiff's First Set of Requests for Admission, dated January 25, 2024.

25 8. Defendant Timothy Nye’s responses to Plaintiff's First Set of Requests for | |Admission, dated January 25, 2024.

27 9. Defendants Doe Officers III — VII’s responses to Plaintiff's First Set of | | Requests for Admission, dated January 25, 2024.

1 10. Defendant Gabriel Lea’s responses to Plaintiff's First Set of Requests for | |Production of Documents, dated J anuary 31, 2024.

3 11. Defendant George Ajam’s responses to Plaintiffs First Set of Requests for Production of Documents, dated January 31, 2024.

5 12. Defendant Israel Cruz Camacho’s responses to Plaintiff's First Set of Requests for Production of Documents, dated January 31, 2024.

13. Defendant Timothy Nye’s responses to Plaintiffs First Set of Requests for Production of Documents, dated January 31, 2024. ° 14. Defendants Doe Officers III-VII’s responses to Plaintiffs First Set of Requests for Production of Documents, dated January 31, 2024.

15. Defendant Gabriel Lea’s responses to Plaintiff's First Set of Interrogatories, - 2B dated January 31, 2024.

Be 14 16. Defendant George Ajam’s responses to Plaintiff's First Set of Interrogatories, dated January 31, 2024.

16 17. Defendant Israel Cruz Camacho’s responses to Plaintiffs First Set of 17 | |Interrogatories, dated January 31, 2024.

18 18. Defendant Timothy Nye’s responses to Plaintiff's First Set of | |Interrogatories, dated January 31, 2024.

20 19. Defendants Doe Officers II] — VII’s responses to Plaintiff's First Set of | |Interrogatories, dated January 31, 2024.

22 20. Defendant LVMPD’s First Set of Interrogatories to Plaintiff, dated February 23) lo, 2024.

24 21. Defendant LVMPD’s First Set of Requests for Production to Plaintiff, dated February 9, 2024.

26 22. Defendant Gabriel Lea’s First Set of Interrogatories to Plaintiff, dated February 9, 2024.

8 23. Defendant Gene Wolfanger’s First Set of Interrogatories to Plaintiff, dated | |February 9, 2024.

2 24. Defendant George Ajam’s First Set of Interrogatories to Plaintiff, dated | |February 9, 2024.

4 25. Defendant Israel Cruz Camacho’s First Set of Interrogatories to Plaintiff, dated February 9, 2024.

6 26. Defendant Kelly Furnas’ First Set of Interrogatories to Plaintiff, dated February 9, 2024.

27. Defendant Timothy Nye’s First Set of Interrogatories to Plaintiff, dated ° February 9, 2024. " 2. DISCOVERY THAT REMAINS TO BE COMPLETED. " The Parties’ primary remaining discovery tasks include: (1) addressing any remaining meet and confer issues and finishing written discovery; and (2) scheduling of ° depositions.

3. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY.

5 : 6 This is the fourth request for an extension of discovery deadlines in this matter. The Parties request that the Discovery Plan and Scheduling Order deadlines be extended an additional sixty (60) days so that the Parties may complete the tasks above.

6 The Parties have been diligently conducting discovery, but an extension is needed " to efficiently continue to conduct discovery, resolve issues or pursue meet and confer efforts, analyze the information provided, and manage the case. The Parties are resolving issues and meeting and conferring regarding related issues. Finally, the Parties together request this in good faith and to further the resolution of this complicated case on the merits, and not for °° any purpose of delay.

Good cause for the extension also exists due to Plaintiffs’ counsel’s normal case load. Plaintiffs’ counsel has faced multiple family health emergencies. Mr. Wolpert was ° required to visit Tucson, Arizona multiple times in March, April, and May 2024 to assist in caring for his father, who was suffering from rapidly-developing ALS and ultimately passed | |away on May 17, 2024. Mr. Wolpert and Ms. McLetchie were both required to attend the | |funeral on May 21, 2024. Additionally, Ms. McLetchie has been assisting her mother in | |receiving medical care for stage 4 liver cancer.

4 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 | |extension.’” Derosa v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013 U.S. Dist. LEXIS 7 | |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 | |court and the Parties to secure the just, speedy, and inexpensive determination of every action | Jand proceeding”). The Parties have been diligent in litigating this matter. Thus, the standard | |to extend all deadlines is satisfied here.

13 Based on the foregoing stipulation and proposed deadlines plan, the Parties thus Bs 14 | |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.

17 | |4. PROPOSED SCHEDULE FOR REMAINING DEADLINES (ECF No. 20) 2] Add Parties isclosures 4 Disclosures 28 —_—— ' 60 days from July 9, 2024 is Saturday, September 7, 2024.

] Based on the foregoing stipulation and proposed deadlines plan, the Parties request | |that the Discovery Plan and Scheduling Order deadlines be extended an additional sixty (60) | |days so that the parties may conduct necessary discovery.

4 IT IS SO STIPULATED.

6 | [DATED this 18" day of June, 2024. DATED this 18" day of June, 2024.

7|| MCLETCHIE LAW MARQUIS AURBACH By: /s/ Leo S. Wolpert By: /s/ Nick D. Crosby 9 MARGARET A. MCLETCHIE NICK D. CROSBY Nevada Bar No. 10931 Nevada Bar No. 8996 10 LEO S. WOLPERT, 10001 Park Run Drive ll Nevada Bar No. 12658 Las Vegas, Nevada 89145 South Tenth Street Telephone: (702) 382-0711 12 Las Vegas, Nevada 89101 Facsimile: (702) 382-5816 Telephone: (702) 728-5300 [email protected] 13 Fax: (702) 425-8220 Attorney for LVMPD Defendants Email: [email protected] > as Attorneys for Plaintiff = 17 fo ITISSO onveni-? en — 18 ff Af 19 App fx ff ' 20 —. “eff \ US#MAGISTRATE JUDGE} Bo ate 6-20-24