1 MCNUTT LAW FIRM, P.C. Daniel R. McNutt, Esq., Bar No. 7815 2 Matthew C. Wolf, Esq., Bar No. 10801 3 Mark D. Hesiak, Esq. Bar No. 12397 11441 Allerton Park Drive, Suite # 100 4 Las Vegas, Nevada 89135 Tel.: (702) 384-1170 / Fax.: (702) 384-5529 5 [email protected] 6 [email protected] [email protected] 7 Counsel for Defendant Officer Alexander Bookman 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 RACHEL GORE, individually as heir of Case No.: 2:25-cv-00619-GMN-DJA 11 BRANDON DURHAM, deceased, and in her capacity as the Administrator of The 12 Estate of BRANDON DURHAM, and Stipulation and [Proposed] Order to ISABELLA DURHAM, a minor and heir to Limit Discovery as to Defendant Officer 13 BRANDON DURHAM, Alexander Bookman 14 Plaintiffs, 15 As amended on page 4 v. 16 17 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of 18 the State of Nevada; ALEXANDER BOOKMAN, individually and in his 19 official capacity as a Police Officer, 20 employed by Las Vegas Metropolitan Police Department; DOES I–X, inclusive, 21 and ROE ENTITIES I–X, inclusive, 22 Defendants. 23 24 Plaintiffs Isabella Durham, Rachel Gore, and the Estate of Brandon Durham, through 25 their counsel, Lee Merritt & Associates, Karchmar & Lambert, P.C., and F. Travis Buchanan, 26 Esq., and Associates, PLLC, Defendant Las Vegas Metropolitan Police Department (LVMPD), 27 through its counsel, Marquis Aurbach, and Defendant Officer Alexander Bookman (Ofc. Book- man), through his counsel, the McNutt Law Firm, hereby stipulate and agree as follows: 1 A. Whereas the Plaintiffs filed their Complaint against LVMPD and Ofc. Bookman 2 on April 7, 2025, and asserted claims against Ofc. Bookman for (i) excessive force under the 3 Fourth Amendment (Dkt. 1, ¶¶ 46–56); (ii) loss of familial association under the Fourteenth 4 Amendment (Id. ¶¶ 72–83); (iii) violations of the Nevada Constitution (Id. ¶¶ 84–100); (iv) 5 assault and battery, wrongful death, and survivorship (Id. ¶¶ 101–110); (v) intentional or neg- 6 ligent infliction of emotional distress, wrongful death, and survivorship (Id. ¶¶ 111–121); and 7 (vi) negligence, wrongful death, and survivorship (Id. ¶¶ 122–132). 8 B. Whereas Ofc. Bookman answered the Complaint on June 23, 2025. (Dkt. 22.) 9 C. Whereas each of the Plaintiffs’ claims for relief against Ofc. Bookman arises 10 from the death of decedent Brandon Durham. 11 D. Whereas the Clark County District Attorney is conducting grand jury proceed- 12 ings regarding a possible indictment of Ofc. Bookman concerning Brandon Durham’s death 13 (hereinafter, the Parallel Criminal Proceedings). The Parallel Criminal Proceedings involve 14 substantially similar facts and circumstances that are at issue here. Should Ofc. Bookman be 15 indicted, his Fifth Amendment privilege against self-incrimination would be directly impli- 16 cated. 17 E. Whereas this Court has the authority to limit discovery directed to Ofc. Bookman 18 to protect his Fifth Amendment privilege while allowing the case to proceed. See, e.g., Farmer 19 v. Las Vegas Metro. Police Dep’t, No. 2:18-CV-00860-GMN-VCF,

, at *5 20 (D. Nev. Oct. 31, 2018); see also Moreno v. Cnty. of Los Angeles,

, at *6 21 (C.D. Cal. Apr. 20, 2023); Petrov v. Alameda Cnty.,

, at *7 (N.D. Cal. Nov. 22 4, 2016); Est. of Lopez v. Suhr,

, at *4 (N.D. Cal. Apr. 26, 2016); Stoddard- 23 Nunez v. City of Hayward,

, at *6 (N.D. Cal. Dec. 23, 2013). 24 Wherefore, the Parties stipulate and agree as follows: 25 1. Ofc. Bookman shall not have to respond to written discovery until the resolution 26 of the Parallel Criminal Proceedings. The Parallel Criminal Proceedings will be deemed “re- 27 solved” if the grand jury returns a No Bill or alternatively when either charges brought are dismissed with prejudice or judgment and sentencing have concluded after a trial or plea 1 agreement. 2 2. Ofc. Bookman shall not be deposed or interviewed until the resolution of the 3 Parallel Criminal Proceedings. 4 3. Ofc. Bookman shall not have to disclose witnesses, including expert witnesses, 5 until the resolution of the Parallel Criminal Proceedings. Should Ofc. Bookman ultimately make such disclosures, Plaintiffs will be provided a reasonable opportunity (as defined by this 6 Court) to conduct discovery and/or retain rebuttal witnesses, including rebuttal expert wit- 7 nesses, thereafter. 8 4. Counsel for Ofc. Bookman agrees to participate in all other discovery and pretrial 9 motion practice and proceedings. 10 5. The Parties also agree that this matter cannot proceed to trial against Ofc. Book- 11 man until the resolution of the Parallel Criminal Proceedings. 12 6. The public’s interest is best served by ensuring that both the civil and criminal 13 proceedings are accomplished fully, completely, and with justice done to all the parties. 14 7. The Parties’ stipulation to limit discovery as to Ofc. Bookman is brought in good 15 faith, is not interposed for delay, and is not filed for an improper purpose. 16 17 (continued on the next page) 18 19 20 21 22 23 24 25 26 27 8. Nothing in this stipulation prohibits Bookman from petitioning the court for ex 2 || tended or additional protection should the need arise. The Parties reserve all rights. 3 IT IS SO STIPULATED. 4 || MCNUTT LAW FIRM, P.C. MARQUIS AURBACH 3 || /4s/Dan McNutt /s/ Craig Anderson 6 Dan McNutt, Esq. (Bar No. 7815) Craig Anderson, Esq. (Bar No. 6882) Matt Wolf, Esq. (Bar No. 10801) 10001 Park Run Drive 7 || 11441 Allerton Park Drive, Suite 100 Las Vegas, Nevada 89145 Las Vegas, Nevada 89135 Attorneys for Defendants LVMPD 8 || Attorneys for Defendant Alexander Bookman 10 |} KARCHMAR & LAMBERT, P.C. 11 /s/ Cannon Lambert 12 |} Cannon Lambert, Esq. 1B Illinois Bar No. 6237503 (Pro Hac) 211 W. Wacker Drive, Ste 1400 14 || Chicago, Illinois 60606 15 || F. TRAVIS BUCHANAN, ESQ., & ASSOC., 16 PLLC F. Travis Buchanan, Esq. (Bar No. 9371) 17 || 701 East Bridger Ave., Suite 540 Las Vegas, Nevada 89101 18 19 LEE MERRITT & ASSOCIATES Lee Merritt, Esq. 29 || Pennsylvania Bar. No. 314891 (Pro Hac) 425 Pinson Rd., Ste. M 21 || Forney, Texas 75126 Attorneys for Plaintiffs IT IS THEREFORE ORDERED that the parties’ stipulation (ECF No. 30) is GRANTED. 23 It IS FURTHER ORDERED that, within thirty days after the Parallel Criminal Proceeding is resolved, the parties must file a stipulation informing the Court of the proceeding's resolution 5 and adjusting any necessary discovery deadlines. 26 ( pO 27 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 28 DATED: July 18, 2025