Rogers v. LVMPD (Police Department)

1 MARGARET A. MCLETCHIE, Nevada Bar No. 10931 LEO S. WOLPERT, Nevada Bar No. 12658 | |MCLETCHIE LAW South Tenth Street | |Las Vegas, NV 89101 Telephone: (702) 728-5300 Fax: (702) 425-8220 | |Email: [email protected] | Counsel for Plaintiffs Michael Rogers and Nikita Wright 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA | MICHAEL ROGERS, an individual; Case No.: 2:22-cv-00867-CDS-BNW NIKITA WRIGHT, an individual, _- STIPULATION AND ORDER TO 13 Plaintiffs EXTEND AMENDMENT DEADLINE vs, 15 (FIRST REQUEST) 2 LAS VEGAS METROPOLITAN POLICE | | DEPARTMENT; JOSEPH LOMBARDO, ~ in his official capacity; ALFREDO | | QUINTERO, individually; PRAVEEN RAJ, individually; PARKER SMITH, individually; TYLER GEORGI, | | individually; JUSTIN JONSSON, individually; JAMES KILBER, individually | | DOE OFFICERS V - VI, individually, 21 Defendants 23 Plaintiffs Michael Rogers and Nikita Wright (“Plaintiffs”), by and through their | |counsel of record, Margaret A. McLetchie, Esq. and Leo S. Wolpert, Esq., of McLetchie | |Law, and Defendants, the Las Vegas Metropolitan Police Department (the “Department” or 26||“LVMPD”), Sgt. Alfredo Quintero (“Quintero”), and Officer Praveen Raj (“Ray”), | |collectively (““LVMPD Defendants”), by and through their counsel of record, Craig R. | |Anderson, Esq. and Nick D. Crosby, Esq., of Marquis Aurbach, hereby stipulate and agree | |to extend the deadline for Plaintiffs to amend their complaint by fourteen (14) days, to | |February 26, 2025. This Stipulation is being entered in good faith and not for purposes of | |delay.

4 The formal deadline to amend pleadings or add parties has passed and Plaintiffs are 5||not seeking to extend that deadline. The amendment deadline to be extended by this | |stipulation is the February 12, 2025, deadline set by the Court in its January 29, 2025, ruling | |on Defendants’ motion to dismiss. See ECF No. 64 at 11:14-17.

8 Pursuant to Local Rule 26-3 and Fed. R. Civ. P. 6(b), the Parties submit that good | |cause exists for the extension requested. The deadline set by the Court in its January 29, | |2025, Order gave Plaintiffs until February 12, 2025, to file a third amended complaint to | |supplemented the allegations concerning their equal protection and Monell claims. See ECF - 12 | |No. 64 at 11:14-17. The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation 13 | |to extend a deadline must be submitted to the Court no later than 21 days before the expiration | lof the subject deadline, and that a request made within 21 days must be supported by a | |showing of good cause. As the Court provided fourteen (14) days for amendment, the instant stipulation could not be filed within the Rule’s 21-day window. This 1s the first request for | Jan extension of the February 12, 2025, deadline for Plaintiffs to file a third amended | | complaint.

19 Plaintiffs require the additional time to review litigation and evidence in other | |similar cases to complete their preparation of the third amended complaint. 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.

23 The Parties thus respectfully request an extension of time for Plaintiffs to file their | |third amended complaint to enable to them to conduct necessary additional investigation as | |to their claims so that this matter is fairly resolved on the merits with a third amended | |complaint that fully reflects Plaintiffs’ claims. “Good cause to extend a discovery deadline | lexists ‘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 1 | |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 | |and proceeding”).

6 Based on the foregoing stipulation, the Parties request that the deadline for |Plaintiffs to file their third amended complaint to supplement their Monell and equal | |protection claims be extended an additional fourteen (14) days, to February 26, 2025.

10 Dated this 12th day of February, 2025. Dated this 12th day of February, 2025.

11 MCLETCHIE LAW MARQUIS AURBACH & By: /s/ Margaret A. McLetchie By: /s/ Tabetha J. Steinberg 13 Margaret A. McLetchie, Esq. Nick D. Crosby, Esq.

2 25 14 Nevada Bar No. 10931 Nevada Bar No. 8996 Leo S. Wolpert, Esq. Tabetha J. Steinberg, Esq.

15 Nevada Bar No. 12658 Nevada Bar No.16756 South 10th Street 10001 Park Run Drive 16 Las Vegas, Nevada 89101 Las Vegas, Nevada 89145 17 Attorneys for Plaintiffs Michael Attorneys for Defendants Las Vegas Rogers and Nikita Wright Metropolitan Police Department, 18 Sheriff Joseph Lombardo, Sgt. Alfredo 19 Quintero, and Officer Praveen Raj 22 ORDER 23 The parties’ stipulation [ECF No. 69] is hereby approyed. The deadline for | | plaintiffs to amend their complaint is extended to Februgyl 26, 2025. { 25 LZ 6 □ bp UNITED STATES DISTRICT JUDGE 27 L / 28 DATED: February 13, 2025