Downes-Covington v. Las Vegas Metropolitan Police Department

Opinion

[MARGARET A. MCLETCHIE, Nevada Bar No. 10931 PIETER M. O’LEARY, Nevada Bar No. 15297 2| |LEO S. WOLPERT, Nevada Bar No. 12658 3 MCLETCHIE LAW 602 South 10" Street 4 | |Las Vegas, NV 89101 Telephone: (702) 728-5300 / Fax: (702) 425-8220 >| Email: efile @ nvlitigation.com 6 | | Counsel for Plaintiffs 7 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 9 | | LANCE DOWNES-COVINGTON, an | Case No.: 2:20-cv-01790-CDS-DJA individual SOLDADERA SANCHEZ, an 10 | | individual, ROBERT O’BRIEN, an individual, EMILY DRISCOLL, an individual, ALISON | STIPULATION AND ORDER TO 1) KENADY, an individual, TENISHA MARTIN, | EXTEND DEADLINE FOR 12||an individual GABRIELA MOLINA, an| PLAINTIFFS’ REPLY IN individual, SUPPORT OF MOTION FOR 13 Plaintiffs, SANCTIONS BASED ON 2 14 VS. DEFENDANTS’ DESTRUCTION BLE OF EVIDENCE 15||LAS VEGAS METROPOLITAN POLICE DEPARTMENT, in its official capacity; | (FIRST REQUEST) 2422 16/|LIEUTENANT KURT MCKENZIE, as an 8 7 individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; 18||OFFICER TABATHA DICKSON, as an individual and in her capacity as a Las Vegas 19 Metropolitan Police Department Officer; 0 CAPTAIN PATRICIA SPENCER, as an individual and in her capacity as a Las Vegas {Metropolitan Police Department Officer; CAPTAIN DORI KOREN, as an individual and 22 | lin his capacity as a Las Vegas Metropolitan Police 23 Department Officer; EVAN SPOON, as an individual and in his capacity as a Las Vegas 24||Metropolitan Police Department Officer; JORDAN TURNER, as an individual and in his 25 capacity as a Las Vegas Metropolitan Police 26 | | Department Officer; UNKNOWN OFFICERS 1- 14, as individuals and in their capacity as Las 27 | | Vegas Metropolitan Police Department Officers, 28 Defendants.

1 Plaintiffs Lance Downes-Covington, Soldadera Sanchez, Robert O’Brien, Emily 2 | |Driscoll, Alison Kenady, Tenisha Martin, and Gabriela Molina (collectively “Plaintiffs”), by 3 | |and through their respective counsel, and Defendants, the Las Vegas Metropolitan Police |Department (““LVMPD”), Lieutenant Kurt McKenzie, Officer Tabatha Dickson, Captain 5 | |Patricia Spencer, Captain Dori Koren, Evan Spoon, Jordan Turner, and Unknown Officers 6| 1-14 (collectively “LVMPD Defendants”), by and through their respective counsel, 7 | |(collectively the “Parties”) hereby stipulate to the following: 8 1. On August 1, 2023, Plaintiffs filed their Motion for Sanctions Based on 9 | |Defendants’ Destruction of Evidence (ECF No. 153); 10 2. On August 22, 2023, the Court granted Defendants’ Motion to Extend 11] |Opposition to Plaintiffs’ Motion for Sanctions Based on Defendants’ Destruction of 12 | | Evidence (“Defendants’ Opposition”)(ECF No. 156); g 13 3. The deadline for Plaintiffs’ Reply in Support of their Motion for Sanctions : 14 | |Based on Defendants’ Destruction of Evidence is currently August 30, 2023; 15 4. Counsel for Plaintiffs has not had sufficient time to review Defendants’ 16 | |Opposition and supporting exhibits in order to adequately prepare a Reply, and therefore, is 17 | |unable to meet the August 30, 2023, deadline; 18 5. The Parties have met and conferred and agree that the deadline for 19 | Plaintiffs’ to file their Reply in Support of Plaintiffs’ Motion for Sanctions Based on 20 | | Defendants’ Destruction shall be extended by fourteen (14) days; 21 6. Accordingly, the deadline for Plaintiffs’ Reply in Support of Plaintiffs’ 22 | |Motion for Sanctions Based on Defendants’ Destruction shall be rescheduled from August 23 | |30, 2023, to September 13, 2023; 24 7. This is the Parties’ first request for an extension of this deadline. 25 | |/// 26 | |/// 27 | |/// 28 | |///

1 8. The Parties both submit that the instant stipulation is being offered in good 2 | |faith and not for the purpose of delay. 3 IT IS SO STIPULATED. 4 Dated this 29" day of August, 2023. Dated this 29" day of August, 2023. 5 MCLETCHIE LAW MARQUIS AURBACH 6 7 By: /4s/ Pieter M. O'Leary By: /s/ Jackie V. Nichols Margaret A. McLetchie, Esq. Craig R. Anderson, Esq. 8 Nevada Bar No. 10931 Nevada Bar No. 6882 Pieter M. O’Leary, Esq. Jackie V. Nichols, Esq. 9 Nevada Bar No. 15297 Nevada Bar No. 14246 10 Leo S. Wolpert, Esq. 10001 Park Run Drive Nevada Bar No. 12658 Las Vegas, Nevada 89145 11 602 South 10th Street Attorneys for LVMPD Defendants Las Vegas, Nevada 89101 12 Attorneys for Plaintiffs 2 13

IT IS SO ORDERED.

= 17 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE

19 DATED: August 31, 2023 20 21 22 23 24 25 26 27 28