1 Marquis Aurbach Nick D. Crosby, Esq. 2 Nevada Bar No. 8996 Tabetha J. Steinberg, Esq. 3 Nevada Bar No. 16756 10001 Park Run Drive 4 Las Vegas, Nevada 89145 Telephone: (702) 382-0711 5 Facsimile: (702) 382-5816 [email protected] 6 [email protected] Attorneys for Defendants Las Vegas Metropolitan Police Department, 7 Officer Javon Charles, Officer Timothy Nye, Officer Gabriel Lea, Officer Cody Gray, Officer Supreet Kaur, Officer Haley Andersen, 8 Sergeant John Johnson, Captain Dori Koren, Officer Richard Palacios, Officer Patrick Whearty, Officer Andrew Wood, Officer Chad Rowlett, 9 Officer Ryan Fesler, Officer Nicholas Perez, and Officer Izaya Harris 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 WILLIAM FLEMING, an individual, Case Number: 2:23-cv-00177-RFB-EJY 13 Plaintiff, 14 vs. STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND 15 LAS VEGAS METROPOLITAN POLICE SCHEDULING ORDER DEADLINES DEPARTMENT, a Municipal Corporation; 16 OFFICER JAVON CHARLES, an individual; (NINTH REQUEST) OFFICER TIMOTHY NYE, an individual; 17 OFFICER GABRIEL LEA, an individual; OFFICER CODY GRAY, an individual; 18 OFFICER SUPREET KAUR, as an individual; OFFICER HALEY ANDERSEN, 19 as an individual; SERGEANT JOHN JOHNSON, as an individual; CAPTAIN 20 DORI KOREN, as an individual; OFFICER RICHARD PALACIOS, as an individual; 21 OFFICER PATRICK WHEARTY, as an individual; OFFICER ANDREW WOOD, as 22 an individual; OFFICER IZAYA HARRIS, as an individual; OFFICER CHAD ROWLETT, 23 as an individual; OFFICER RYAN FESLER, as an individual; OFFICER NICHOLAS 24 PEREZ, as an individual; DOE OFFICERS V –X, individuals. 25 Defendants. (Consolidated with) 26 TRAVIS NUTSCH, an individual, Case No.: 2:23-cv-01101-JCM-VCF 27 Plaintiff, vs. 1 LAS VEGAS METROPOLITAN POLICE 2 DEPARTMENT, a Municipal Corporation; OFFICER TIMOTHY NYE, an individual; 3 OFFICER GEORGE AJAM, an individual; OFFICER GENE WOLFANGER, an 4 individual; DOE OFFICERS I-VII, individuals. 5 Defendants. 6 7 Plaintiff William Fleming (“Fleming”), by and through his counsel of record, Margaret 8 A.McLetchie, Esq. and Leo S. Wolpert, Esq., of McLetchie Law, and Defendants Las Vegas 9 Metropolitan Police Department (the “Department” or “LVMPD”), Officer Javon Charles 10 (“Charles”), Officer Timothy Nye (“Nye”), Officer Gabriel Lea (“Lea”), and Officer Cody 11 Gray (“Gray”), Officer Supreet Kaur (“Kaur”), Officer Haley Andersen (“Andersen”), 12 Sergeant John Johnson (“Johnson”), Captain Dori Koren (“Koren”), Officer Richard Palacios 13 (“Palacios”), Officer Patrick Whearty (“Whearty”), and Officer Andrew Wood (“Wood”), 14 Officer Chad Rowlett (“Rowlett”), Officer Ryan Fesler (“Fesler”), Officer Nicholas Perez 15 (“Perez”), and Officer Izaya Harris (“Harris”) (collectively, “LVMPD Defendants”), by and 16 through their counsel of record, Nick D. Crosby Esq. and Tabetha J. Steinberg, Esq., of 17 Marquis Aurbach, hereby agree and jointly stipulate to extend the Discovery Plan and 18 Scheduling Order deadlines an additional ninety (90) days. 19 Likewise, Plaintiff Travis Nutsch (“Nutsch”), by and through his counsel of record 20 Margaret A. McLetchie, Esq. and Leo S. Wolpert, Esq., of McLetchie Law, and Defendants 21 LVMPD, Nye, Officer George Ajam (“Ajam”), Officer Gene Wolfanger (“Wofanger”), by 22 and through their counsel of record, Nick D. Crosby Esq. and Tabetha J. Steinberg, Esq., of 23 Marquis Aurbach, likewise hereby agree and jointly stipulate to consolidate the Discovery 24 Plan and Scheduling Order deadlines, so that the discovery deadlines in the Nutsch case 25 coincide and mirror the discovery deadlines in the Fleming case. 26 On February 26, 2025, the Parties filed a Joint Motion to Consolidate (“Motion”) for 27 an order consolidating William Fleming v. Las Vegas Metropolitan Police Department, et. 1 al., United States District Court Case No. 2:23-cv-00177-RFB-EJY, and Travis Nutsch v. 2 Las Vegas Metropolitan Police Department, et. al., United States District Court Case No. 3 2:23-cv-01101-JCM-VC for the purposes of discovery only (ECF No. 70). This Motion was 4 granted on March 3, 2025 (ECF No. 71). 5 This Stipulation is being entered in good faith to effectuate that consolidation and not 6 for purposes of delay (supplemented information noted in bold-face type). 7 I. STATUS OF DISCOVERY IN FLEMING 8 A. PLAINTIFF’S DISCOVERY 9 1. Plaintiff’s Initial Disclosure of Witnesses and Documents Pursuant to FRCP 10 26.1 dated April 5, 2023. 11 2. Plaintiff’s First Supplemental Disclosure of Witnesses and Documents 12 Pursuant to FRCP 26.1 dated June 14, 2023. 13 3. Plaintiff William Fleming’s Requests for Production to Defendant Las 14 Vegas Metropolitan Police Department – Set One dated June 14, 2023. 15 4. Plaintiff William Fleming’s Requests for Admission to Defendant Las 16 Vegas Metropolitan Police Department – Set One dated October 12, 2023. 17 5. Plaintiff William Fleming’s Interrogatories to Defendant Las Vegas Metropolitan Police Department – Set One dated October 12, 2023. 18 6. Plaintiff William Fleming’s Requests for Production to Defendant Las 19 Vegas Metropolitan Police Department – Set Two dated October 12, 2023. 20 7. Plaintiff Fleming’s Requests for Production to Officer Haley Andersen – Set 21 One dated November 17, 2023. 22 8. Plaintiff Fleming’s Requests for Production to Defendant Doe Officers I-X 23 –Set One dated November 17, 2023. 24 9. Plaintiff Fleming’s Requests for Production to Officer Javon Charles – Set 25 One dated November 17, 2023. 26 10. Plaintiff Fleming’s Requests for Production to Officer Timothy Nye – Set 27 One dated November 17, 2023. 1 11. Plaintiff Fleming’s Requests for Production to Officer Gabriel Lea – Set 2 One dated November 17, 2023. 3 12. Plaintiff Fleming’s Requests for Production to Officer Cody Gray – Set One 4 dated November 17, 2023. 5 13. Plaintiff Fleming’s Requests for Production to Officer Supreet Kaur – Set One dated November 17, 2023. 6 14. Plaintiff Fleming’s Requests for Production to Officer Haley Andersen – Set 7 One dated November 17, 2023. 8 15. Plaintiff Fleming’s Requests for Production to Sergeant John Johnson – Set 9 One dated November 17, 2023. 10 16. Plaintiff Fleming’s Requests for Production to Captain Dori Koren – Set 11 One dated November 17, 2023. 12 17. Plaintiff Fleming’s Requests for Production to Officer Richard Palacios – 13 Set One dated November 17, 2023. 14 18. Plaintiff Fleming’s Requests for Production to Officer Patrick Whearty – 15 Set One dated November 17, 2023. 16 19. Plaintiff Fleming’s Requests for Production to Officer Andrew Wood – Set 17 One dated November 17, 2023. 18 20. Plaintiff William Fleming’s Requests for Admission to Individual 19 Defendants – Set One dated November 21, 2023. 20 21. Plaintiff Fleming’s Requests for Admissions to Officer Javon Charles – Set 21 One dated November 21, 2023. 22 22. Plaintiff Fleming’s Requests for Admissions to Officer Timothy Nye – Set One dated November 21, 2023. 23 23. Plaintiff Fleming’s Requests for Admissions to Officer Gabriel Lea – Set 24 One dated November 21, 2023. 25 24. Plaintiff Fleming’s Requests for Admissions to Officer Cody Gray – Set 26 One dated November 21, 2023. 27 1 25. Plaintiff Fleming’s Requests for Admissions to Officer Supreet Kaur – Set 2 One dated November 21, 2023. 3 26. Plaintiff Fleming’s Requests for Admissions to Officer Haley Andersen – 4 Set One dated November 21, 2023. 5 27. Plaintiff Fleming’s Requests for Admissions to Sergeant John Johnson – Set One dated November 21, 2023. 6 28. Plaintiff Fleming’s Requests for Admissions to Captain Dori Koren – Set 7 One dated November 21, 2023. 8 29. Plaintiff Fleming’s Requests for Admissions to Officer Richard Palacios – 9 Set One dated November 21, 2023. 10 30. Plaintiff Fleming’s Requests for Admissions to Officer Patrick Whearty – 11 Set One dated November 21, 2023. 12 31. Plaintiff Fleming’s Requests for Admissions to Officer Andrew Wood – Set 13 One dated November 21, 2023. 14 32. Plaintiff Fleming’s Requests for Production to Defendant Doe Officers I-X 15 –Set One dated November 21, 2023. 16 33. Plaintiff Fleming’s Interrogatories to Officer Javon Charles – Set One dated 17 November 21, 2023. 18 34. Plaintiff Fleming’s Interrogatories to Officer Timothy Nye – Set One dated 19 November 21, 2023. 20 35. Plaintiff Fleming’s Interrogatories to Officer Gabriel Lea – Set One dated 21 November 21, 2023. 22 36. Plaintiff Fleming’s Interrogatories to Officer Cody Gray – Set One dated 23 November 21, 2023. 37. Plaintiff Fleming’s Interrogatories to Officer Supreet Kaur – Set One dated 24 November 21, 2023. 25 38. Plaintiff Fleming’s Interrogatories to Officer Haley Andersen – Set One 26 dated November 21, 2023. 27 1 39. Plaintiff Fleming’s Interrogatories to Sergeant John Johnson – Set One dated 2 November 21, 2023. 3 40. Plaintiff Fleming’s Interrogatories to Captain Dori Koren – Set One dated 4 November 21, 2023. 5 41. Plaintiff Fleming’s Interrogatories to Officer Richard Palacios – Set One dated November 21, 2023. 6 42. Plaintiff Fleming’s Interrogatories to Officer Patrick Whearty – Set One 7 dated November 21, 2023. 8 43. Plaintiff Fleming’s Interrogatories to Officer Andrew Wood – Set One dated 9 November 21, 2023. 10 44. Plaintiff Fleming’s Interrogatories to Defendant Doe Officers I-X – Set One 11 dated November 21, 2023. 12 45. Plaintiff Fleming’s First Set of Interrogatories to Defendant Izaya 13 14 Harris dated February 28, 2025. 15 46. Plaintiff Fleming’s First Set of Interrogatories to Defendant Chad 16 Rowlett dated February 28, 2025. 17 47. Plaintiff Fleming’s First Set of Interrogatories to Defendant Ryan 18 Fesler dated February 28, 2025. 19 48. Plaintiff Fleming’s First Set of Interrogatories to Defendant Nicholas 20 21 Perez dated February 28, 2025. 22 49. Plaintiff Fleming’s First Set of Requests for Production of Documents 23 to Defendant Izaya Harris dated February 28, 2025. 24 50. Plaintiff Fleming’s First Set of Requests for Production of Documents 25 to Defendant Chad Rowlett dated February 28, 2025. 26 51. Plaintiff Fleming’s First Set of Requests for Production of Documents 27 to Defendant Ryan Fesler dated February 28, 2025. 1 52. Plaintiff Fleming’s First Set of Requests for Production of Documents 2 to Defendant Nicholas Perez dated February 28, 2025. 3 53. Plaintiff Fleming’s First Set of Requests for Admissions to Defendant 4 Izaya Harris dated February 28, 2025. 5 54. Plaintiff Fleming’s First Set of Requests for Admissions to Defendant 6 Chad Rowlett dated February 28, 2025. 7 8 55. Plaintiff Fleming’s First Set of Requests for Admissions to Defendant 9 Ryan Fesler dated February 28, 2025. 10 56. Plaintiff Fleming’s First Set of Requests for Admissions to Defendant 11 Nicholas Perez dated February 28, 2025. 12 57. Plaintiff’s First Consolidated Supplement to Initial Disclosures and 13 Production of Documents Pursuant to FRCP 26 dated February 28, 2025. 14 15 B. DEFENDANTS’ DISCOVERY 16 1. Defendants’ Initial Disclosure of Witnesses and Documents Pursuant to 17 FRCP 26.1 dated April 5, 2023. 18 2. Defendants’ First Supplemental Disclosure of Witnesses and Documents 19 Pursuant to FRCP 26.1 dated August 14, 2023. 20 3. Defendant Las Vegas Metropolitan Police Department’s Responses to 21 Requests for Production – Set One dated November 30, 2023. 22 4. Defendant Las Vegas Metropolitan Police Department’s Responses to 23 24 Requests for Admission – Set One dated November 30, 2023. 25 5. Defendant Las Vegas Metropolitan Police Department’s Responses to 26 Interrogatories – Set One dated November 30, 2023. 27 1 6. Officer Javon Charles’ Responses to Plaintiff William Fleming’s Requests 2 for Production - Set One dated December 20, 2023. 3 7. Officer Timothy Nye’s Responses to Plaintiff William Fleming’s Requests 4 for Production - Set One dated December 20, 2023. 5 8. Officer Gabriel Lea’s Responses to Plaintiff William Fleming’s Requests 6 for Production - Set One dated December 20, 2023. 7 8 9. Officer Cody Gray’s Responses to Plaintiff William Fleming’s Requests for 9 Production - Set One dated December 20, 2023. 10 10. Officer Supreet Kaur’s Responses to Plaintiff William Fleming’s Requests 11 for Production - Set One dated December 20, 2023. 12 11. Officer Haley Andersen’s Responses to Plaintiff William Fleming’s 13 Requests for Production - Set One dated December 20, 2023. 14 15 12. Sgt. John Johnson’s Responses to Plaintiff William Fleming’s Requests for 16 Production - Set One dated December 20, 2023. 17 13. Captain Dori Koren’s Responses to Plaintiff William Fleming’s Requests 18 for Production - Set One dated December 20, 2023. 19 14. Officer Richard Palacios’ Responses to Plaintiff William Fleming’s 20 Requests for Production - Set One dated December 20, 2023. 21 15. Officer Patrick Whearty’s Responses to Plaintiff William Fleming’s 22 23 Requests for Production - Set One dated December 20, 2023. 24 16. Officer Andrew Wood’s Responses to Plaintiff William Fleming’s Requests 25 for Production - Set One dated December 20, 2023. 26 17. Officer Javon Charles’ Responses to Plaintiff William Fleming’s Requests 27 for Admissions - Set One dated December 26, 2023. 1 18. Officer Cody Gray’s Responses to Plaintiff William Fleming’s Requests for 2 Admissions - Set One dated December 26, 2023. 3 19. Officer Gabriel Lea’s Responses to Plaintiff William Fleming’s Requests 4 for Admissions - Set One dated December 26, 2023. 5 20. Officer Timothy Nye’s Responses to Plaintiff William Fleming’s Requests 6 for Admissions - Set One dated December 26, 2023. 7 8 21. Officer Supreet Kaur’s Responses to Plaintiff William Fleming’s Requests 9 for Admissions - Set One dated December 26, 2023. 10 22. Officer Haley Andersen’s Responses to Plaintiff William Fleming’s 11 Requests for Admissions - Set One dated December 26, 2023. 12 23. Sergeant John Johnson’s Responses to Plaintiff William Fleming’s Requests 13 for Admissions - Set One dated December 26, 2023. 14 15 24. Captain Dori Koren’s Responses to Plaintiff William Fleming’s Requests 16 for Admissions - Set One dated December 26, 2023. 17 25. Officer Patrick Whearty’s Responses to Plaintiff William Fleming’s 18 Requests for Admissions - Set One dated December 26, 2023. 19 26. Officer Andrew Wood’s Responses to Plaintiff William Fleming’s Requests 20 for Admissions - Set One dated December 26, 2023. 21 27. Officer Richard Palacios’ Responses to Plaintiff William Fleming’s 22 23 Requests for Admissions - Set One dated December 26, 2023. 24 28. Officer Timothy Nye’s Answers to Plaintiff William Fleming’s 25 Interrogatories - Set One dated December 26, 2023. 26 29. Officer Javon Charles’ Answers to Plaintiff William Fleming’s 27 Interrogatories - Set One dated December 26, 2023. 1 30. Officer Patrick Whearty’s Answers to Plaintiff William Fleming’s 2 Interrogatories - Set One dated December 26, 2023. 3 31. Officer Richard Palacios’ Answers to Plaintiff William Fleming’s 4 Interrogatories - Set One dated December 26, 2023. 5 32. Officer Cody Gray’s Answers to Plaintiff William Fleming’s Interrogatories 6 -Set One dated December 26, 2023. 7 8 33. Officer Gabriel Lea’s Answers to Plaintiff William Fleming’s 9 Interrogatories - Set One dated December 26, 2023. 10 34. Officer Supreet Kaur’s Answers to Plaintiff William Fleming’s 11 Interrogatories - Set One dated December 26, 2023. 12 35. Captain Dori Koren’s Answers to Plaintiff William Fleming’s 13 Interrogatories - Set One dated December 26, 2023. 14 15 36. Officer Haley Andersen’s Answers to Plaintiff William Fleming’s 16 Interrogatories - Set One dated December 26, 2023. 17 37. Officer Andrew Wood’s Answers to Plaintiff William Fleming’s 18 Interrogatories - Set One dated December 26, 2023. 19 38. Sergeant John Johnson’s Answers to Plaintiff William Fleming’s 20 Interrogatories - Set One dated December 26, 2023. 21 39. LVMPD Defendants’ First Set of Requests for Production to William 22 23 Fleming dated September 30, 2024. 24 40. LVMPD Defendants’ First Set of Requests for Admissions to William 25 Fleming dated September 30, 2024. 26 41. LVMPD Defendants’ First Set of Interrogatories to William Fleming 27 dated September 30, 2024. 1 II. STATUS OF DISCOVERY IN NUTSCHE 2 A. PLAINTIFF’S DISCOVERY 3 1. Plaintiff’s Initial Disclosures and Production of Documents Pursuant to 4 FRCP 26 dated August 28, 2023. 5 2. Plaintiff’s First Set of Requests for Production of Documents to Defendant 6 LVMPD dated October 12, 2023. 7 3. Plaintiff’s First Set of Requests for Admissions to Officer George Ajam 8 dated December 12, 2023. 9 10 4. Plaintiff’s First Set of Requests for Admissions to Doe Officers III-VII dated 11 December 12, 2023. 12 5. Plaintiff’s First Set of Requests for Admissions to Officer Gene Wolfanger 13 dated December 12, 2023. 14 6. Plaintiff’s First Set of Requests for Admissions to Officer Gabriel Lea dated 15 December 12, 2023. 16 17 7. Plaintiff’s First Set of Requests for Admissions to Officer Timothy Nye 18 dated December 12, 2023. 19 8. Plaintiff’s First Set of Requests for Admissions to Officer Kelley Furnas 20 dated December 12, 2023. 21 9. Plaintiff’s First Set of Requests for Admissions to Officer Israel Cruz 22 Camacho dated December 12, 2023. 23 10. Plaintiff’s First Set of Interrogatories to Officer George Ajam dated 24 25 December 12, 2023. 26 11. Plaintiff’s First Set of Interrogatories to Israel Cruz Camacho dated 27 December 12, 2023. 1 12. Plaintiff’s First Set of Interrogatories to Officer Timothy Nye dated 2 December 12, 2023. 3 13. Plaintiff’s First Set of Interrogatories to Officer Gabriel Lea dated December 4 12, 2023. 5 14. Plaintiff’s First Set of Interrogatories to Doe Officers III-VII dated 6 December 12, 2023. 7 8 15. Plaintiff’s First Set of Interrogatories to Officer Kelley Furnas dated 9 December 12, 2023. 10 16. Plaintiff’s First Set of Interrogatories to Officer Gene Wolfanger dated 11 December 12, 2023. 12 17. Plaintiff’s First Set of Requests for Production of Documents to Doe 13 Officers III-VII dated December 12, 2023. 14 15 18. Plaintiff’s First Set of Requests for Production of Documents to Officer 16 Gene Wolfanger dated December 12, 2023. 17 19. Plaintiff’s First Set of Requests for Production of Documents to Officer 18 Gabriel Lea dated December 12, 2023. 19 20. Plaintiff’s First Set of Requests for Production of Documents to Officer 20 Timothy Nye dated December 12, 2023. 21 21. Plaintiff’s First Set of Requests for Production of Documents to Officer 22 23 Kelley Furnas dated December 12, 2023. 24 22. Plaintiff’s First Set of Requests for Production of Documents to Officer 25 Israel Cruz Camacho dated December 12, 2023. 26 23. Plaintiff’s First Set of Requests for Production of Documents to Officer 27 George Ajam dated December 12, 2023. 1 24. Plaintiff’s Answers to Defendant Ajam’s First Set of Interrogatories dated 2 May 29, 2024. 3 25. Plaintiff’s Answers to Defendant Cruz’s First Set of Interrogatories dated 4 May 29, 2024. 5 26. Plaintiff’s Answers to Defendant LVMPD’s First Set of Interrogatories 6 dated May 29, 2024. 7 8 27. Plaintiff’s Answers to Defendant Wolfanger’s First Set of Interrogatories 9 dated May 29, 2024. 10 28. Plaintiff’s Answers to Defendant Nye’s First Set of Interrogatories dated 11 May 29, 2024. 12 29. Plaintiff’s Answers to Defendant Lea’s First Set of Interrogatories dated 13 May 29, 2024. 14 15 30. Plaintiff’s Answers to Defendant Furnas’ First Set of Interrogatories dated 16 May 29, 2024. 17 31. Plaintiff’s Responses to Defendant LVMPD’s First Set of Requests for 18 Production of Documents dated May 29, 2024. 19 B. DEFENDANTS’ DISCOVERY 20 1. Defendants’ Initial Disclosures and Production of Documents Pursuant to 21 FRCP 26 dated August 30, 2023. 22 2. LVMPD’s Responses to Plaintiff’s First Set of Requests for Production of 23 24 Documents dated November 27, 2023. 25 3. Officer George Ajam’s Responses to Plaintiff’s First Set of Requests for 26 Admissions dated January 25, 2024. 27 1 4. Officer Gene Wolfanger’s Responses to Plaintiff’s First Set of Requests for 2 Admissions dated January 25, 2024. 3 5. Officer Israel Cruz Camacho’s Responses to Plaintiff’s First Set of Requests 4 for Admissions dated January 25, 2024. 5 6. Officer Kelley Furnas’ Responses to Plaintiff’s First Set of Requests for 6 Admissions dated January 25, 2024. 7 8 7. Officer Timothy Nye’s Responses to Plaintiff’s First Set of Requests for 9 Admissions dated January 25, 2024. 10 8. Officer Gabriel Lea’s Responses to Plaintiff’s First Set of Requests for 11 Admissions dated January 25, 2024. 12 9. Doe Officers III-VII’s Responses to Plaintiff’s First Set of Requests for 13 Admissions dated January 25, 2024. 14 15 10. Officer Gabriel Lea’s Answers to Plaintiff’s First Set of Interrogatories 16 dated January 31, 2024. 17 11. Officer Israel Cruz Camacho’s Answers to Plaintiff’s First Set of 18 Interrogatories dated January 31, 2024. 19 12. Officer Timothy Nye’s Answers to Plaintiff’s First Set of Interrogatories 20 dated January 31, 2024. 21 13. Officer George Ajam’s Answers to Plaintiff’s First Set of Interrogatories 22 23 dated January 31, 2024. 24 14. Doe Officers III-VII’s Answers to Plaintiff’s First Set of Interrogatories 25 dated January 31, 2024. 26 15. Officer Timothy Nye’s Responses to Plaintiff’s First Set of Requests for 27 Production of Documents dated January 31, 2024. 1 16. Officer Israel Cruz Camcho’s Responses to Plaintiff’s First Set of Requests 2 for Production of Documents dated January 31, 2024. 3 17. Doe Officers III-VII’s Responses to Plaintiff’s First Set of Requests for 4 Production of Documents dated January 31, 2024. 5 18. Officer George Ajam’s Responses to Plaintiff’s First Set of Requests for 6 Production of Documents dated January 31, 2024. 7 8 19. Officer Gabriel Lea’s Responses to Plaintiff’s First Set of Requests for 9 Production of Documents dated January 31, 2024. 10 20. Defendants’ First Supplemental Disclosure of Witnesses and Documents 11 dated February 9, 2024. 12 21. LVMPD’s First Set of Requests for Production of Documents to Plaintiff 13 dated February 9, 2024. 14 15 22. Officer George Ajam’s First Set of Interrogatories to Plaintiff dated 16 February 9, 2024. 17 23. Officer Israel Cruz Camacho’s First Set of Interrogatories to Plaintiff dated 18 February 9, 2024. 19 24. Officer Gene Wolfanger’s First Set of Interrogatories to Plaintiff dated 20 February 9, 2024. 21 25. Officer Timothy Nye’s First Set of Interrogatories to Plaintiff dated 22 23 February 9, 2024. 24 26. Officer Gabriel Lea’s First Set of Interrogatories to Plaintiff dated February 25 9, 2024. 26 27. Officer Kelley Furnas’ First Set of Interrogatories to Plaintiff dated February 27 9, 2024. 1 III. DISCOVERY THAT REMAINS TO BE COMPLETED 2 The Parties are actively conducting discovery. The Parties recently filed a Joint Motion 3 to Consolidate the Fleming and Nutsch matters on February 26, 2025, for the purposes of 4 discovery only, because both Plaintiffs’ claims pertain to similar legal and factual issues, and 5 the matters are in similar procedural postures. On March 3, 2025, the Court issued an order 6 granting the Joint Motion to Consolidate. 7 The Parties are actively conducting discovery. Counsel for LVMPD Defendants are 8 currently working to provide discovery and information as it relates to any Monell issues in 9 the two cases so the parties can avoid engaging in motion practice. In addition, LVMPD 10 Defendants received a settlement demand and are currently in the process of evaluating 11 counteroffers. For the reasons explained below, the Parties will need additional time to 12 propound additional written discovery and conduct depositions. 13 IV. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY 14 This is the ninth request for an extension of discovery deadlines in this matter. The 15 Parties request that the Discovery Plan and Scheduling Order deadlines be extended an 16 additional ninety (90) days in these matters, which have been consolidated for the purposes 17 of discovery. 18 The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation to extend a 19 deadline set forth in a discovery plan must be submitted to the Court no later than twenty- one (21) days before the expiration of the subject deadline. A request made within twenty- 20 one (21) days of the subject deadline must be supported by a showing of good cause. Here, 21 all the deadlines the Parties seek to extend are outside of the twenty-one (21) day window. 22 The Parties respectfully request an extension of time to extend the discovery to enable 23 to them to coordinate these cases (the Nutsch matter had a later schedule) and to conduct 24 necessary discovery and so that the matters are fairly resolved on the merits. “Good cause to 25 extend a discovery deadline exists ‘if it cannot reasonably be met despite the diligence of the 26 party seeking the extension.’” Derosa v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013

,

, at 1 (D. Nev. Aug. 1, 2013) (quoting Johnson 1 v. Mammoth Recreations, Inc.,

(9th Cir. 1992)); see also Fed. R. Civ. P. 2 1 (providing that the Rules of Civil Procedure “should be construed, administered, and 3 employed by the court and the Parties to secure the just, speedy, and inexpensive 4 determination of every action and proceeding”). 5 Since the last stipulation and order was entered in this matter, Nick D. Crosby, Esq. 6 has been involved in several mediations, administrative hearings, arbitrations, and has also been preparing for a federal trial, on top of his normal caseload. Specifically, Mr. Crosby 7 was involved in (1) a multi-day mediation in a class action lawsuit regarding wage and hour 8 claims in Coyne et al v. LVMPD, Case No. 2:22-cv-00475-APG-DJA and Case No. A-22- 9 848354-C; (2) preparing for a three-day administrative hearing in Leijon v. IVGID, EMRB 10 Case No. 2024-022; (3) a labor arbitration on March 3, 2025; (4) an early neutral evaluation 11 on March 7, 2025, in Jessica Coleman et al. v. Robert Telles et al., Case No. 2:24-00930- 12 APG-MDC; (5) a labor arbitration on March 9, 2025; and (6) preparing for trial in 13 Santopietro v. Howell et al., Case No. 2:12-cv-01648-RFB-EJY, which begins on April 7, 14 2025. 15 While competing demands of litigation are merely one of the reasons for the instant 16 request, it should be noted that the other litigation between the same counsel involving 17 similar issues can only benefit from the completion of discovery in this matter so that in other 18 litigation, similar requests can be expedited and can further the resolution of those matters 19 and the interests of justice. Finally, the Parties together request this in good faith and to 20 further the resolution of this complicated case on the merits, and not for any purpose of delay. 21 The Parties met and conferred regarding the instant stipulation on March 7, 2025, and 22 have agreed that such stipulation is appropriate. 23 / / / 24 / / / 25 / / / 26 27 1 V. PROPOSED SCHEDULE FOR REMAINING DEADLINES 2 Item Current Deadline in Fleming Proposed New Deadline 3 Initial Expert Disclosures Past Due/Unchanged Past Due/Unchanged Rebuttal Expert Disclosures Past Due/Unchanged Past Due/Unchanged 4 Discovery Cut-Off March 31, 2025 June 30, 20251 5 Dispositive Motions April 29, 2025 July 28, 2025 6 Pretrial Order May 27, 2025 August 25, 2025 7 8 Item Current Deadline in Nutsche Proposed New Deadline Initial Expert Disclosures Past Due/Unchanged Past Due/Unchanged 9 Rebuttal Expert Disclosures Past Due/Unchanged Past Due/Unchanged 10 Discovery Cut-Off May 7, 2025 June 30, 20252 11 Dispositive Motions June 9, 2025 July 28, 2025 12 Pretrial Order July 7, 2025 August 25, 2025 13 / / / 14 / / / 15 / / / 16 17 18 19 20 21 22 23 24 25 26 1 90 days from March 31, 2025 is June 29, 2025, a Sunday, so next judicial day. 27 2 90 days from March 31, 2025 is June 29, 2025, a Sunday, so next judicial day. 1 Based on the foregoing stipulation and proposed deadlines plan, the Parties request 2 that the Discovery Plan and Scheduling Order deadlines be extended additional ninety (90) 3 days so that the parties may conduct additional discovery, conduct depositions and efficiently 4 litigate both cases based on the merits. 5 IT IS SO STIPULATED. 6 DATED this 20th day of March, 2025 DATED this 20th day of March, 2025 7 MCLETCHIE LAW MARQUIS AURBACH 8 By: /s/ Margaret A. McLetchie By: /s/ Tabetha J. Steinberg_____ 9 Margaret A. McLetchie, Esq. Nick D. Crosby, Esq. 10 Nevada Bar No. 10931 Nevada Bar No. 8996 Leo S. Wolpert, Esq. Tabetha J. Steinberg, Esq. Nevada Bar No. 16756 11 Nevada Bar No. 12658 10001 Park Run Drive 602 South 10th Street 12 Las Vegas, Nevada 89101 Las Vegas, Nevada 89145 Attorneys for Defendants Las Vegas Attorneys for Plaintiff William Fleming 13 Metropolitan Police Department, Officer Javon Charles, Officer Timothy 14 Nye, Officer Gabriel Lea, Officer Cody Gray, Officer Supreet Kaur, Officer 15 Haley Andersen, Sergeant John 16 Johnson, Captain Dori Koren, Officer Richard Palacios, Officer Patrick 17 Whearty, Officer Andrew Wood, Officer Chad Rowlett, Officer Ryan 18 Fesler, Officer Nicholas Perez, and 19 Officer Izaya Harris 20 21 ORDER 22 The above Stipulation is hereby GRANTED. 23 IT IS SO ORDERED. 24 25 ___________________________________ UNITED STATES MAGISTRATE JUDGE 26 27 DATED: March 21, 2025