Smith v. Las Vegas Metropolitan Police Department

1 Peter Goldstein [SBN 6992] PETER GOLDSTEIN LAW CORP [email protected] 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 474-6400 Facsimile: (888) 400-8799 Clyde M. Rastetter [PHV] Kopke Christiana & Rastetter LLP [email protected] Cook Street, Suite 308 Brooklyn, NY 11206 Telephone: (917) 451-9525 Facsimile: (347) 315-9815 Attorneys for Plaintiffs Mary Smith, Individually, and as Special Administrator of the Estate of James Perea UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA (LAS VEGAS) MARY SMITH, individually, and as Special Case No. 2:23-cv-00092-JAD-NJK Administrator of the Estate of JAMES PEREA, 15 STIPULATION TO MODIFY THE Plaintiffs, DEADLINES TO RESPOND AND 16 REPLY TO LVMPD DEFENDANTS’ vs. MOTIONS FOR SUMMARY 17 JUDGMENT LAS VEGAS METROPOLITAN POLICE DEPARTMENT; WELLPATH, LLC; RN RACHEL CLARK; RN TANJA WASIELEWSKI; RN (First Request) GENEVA BESSIE; LCSW SANDRA CELIS; MA/LNA MELEKA ST. JOHN; RN STEPHANIE ESTALA; NP HUGH ANDREW ROSSET; NP [ECF Nos. 143, 144, 146] SHELLEY AMEDURI; PA ANDREA BALOGH; RN AYNUR KABOTA; CORRECTIONS OFFICER VANESSA MITCHELL; CORRECTIONS OFFICER DON’TE MITCHELL; CORRECTIONS OFFICER JOSHUA WALDMAN; DOES 1-30, Defendants.

Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule IA 6-1, Plaintiff Mary Smith, individually and as Special Administrator of the Estate of James Perea (“Plaintiff”), together with Defendants Las Vegas Metropolitan Police Department, Vanessa Mitchell, and Don’te Mitchell (“LVMPD Defendants”), through their respective counsel, stipulate and request that the Court extend the deadlines for Plaintiff’s responses to LVMPD Defendants’ Motions for Summary Judgment (filed April 25, 2025) from May 16, 2025 to May 30, 2025, and for LVMPD Defendants’ replies from May 30, 2025 to June 13, 2025. This is the parties’ first request to modify either of these deadlines.

7 On April 25, 2025, LVMPD Defendants filed Renewed Motions for Summary Judgment.

8 (ECF Nos. 140, 143–44). Plaintiff’s deadline to respond to these motions is currently May 16, 2025. (ECF No. 140). The deadline for LVMPD Defendants to file replies in support of their motions is presently May 30, 2025. (ECF No. 140).

11 Federal Rule of Civil Procedure 6(b) and Local Rule IA 6-1 impose a good cause standard regarding the extension of deadlines that have not yet expired, which is a “non-rigorous standard that has been construed broadly across procedural and statutory contexts.” Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010).

15 The parties stipulate and agree that good cause exists to extend the deadlines for responding and replying to the present summary judgment motions due to counsel for Plaintiff’s overlapping obligations in other active cases, including deadlines related to a settlement conference co-counsel Clyde Rastetter participated in this week in Biddings v. City of New York, No. 24-cv-01732 (AT) (SLC) (S.D.N.Y.), and co-counsel Peter Goldstein’s recently being retained in a police shooting death case with a statute of limitations date of May 16, 2025, which has required concurrent proceedings to secure appointment of a special administrator in probate court.

22 Finally, the voluminous nature of LVMPD Defendants’ filings—a 48-page motion from LVMPD with 27 exhibits and a separate 21-page motion from Defendants Vanessa and Don’te Mitchell with 30 non-identical exhibits—necessitates additional time to prepare comprehensive responses addressing the substantial arguments and evidence presented.

26 The parties stipulate and agree that this extension will not create an unnecessary delay to the resolution of this case. The proposed extension will ensure adequate time for thorough || preparation of responses and replies, providing the Court with complete briefing necessary for || ruling on the merits.

3 || DATED this 8th day of May, 2025 DATED this 8th day of May, 2025 By: /s/Peter Goldstein By: /s/Lyssa S. Anderson Peter Goldstein (SBN 6992) Lyssa S. Anderson (SBN 5781) 6 PETER GOLDSTEIN LAW CORP Kristopher J. Kalkowski (SBN 14892) 10161 Park Run Drive, Suite 150 1980 Festival Plaza Drive, Suite 650 7 Las Vegas, Nevada 89145 Las Vegas, NV 89135 Attorneys for Plaintiff Attorneys for LVMPD Defendants 1] IT ISSO ORDERED.

8 12th 14 Dated this of May, 2025 pings UNITED STATES DIS'RRICT JUDGE