Johnson v. Las Vegas Metropolitan Police Department

CourtDistrict Court, D. Nevada
DecidedApril 30, 2025
Docket2:20-cv-01875
StatusUnknown

This text of Johnson v. Las Vegas Metropolitan Police Department (Johnson v. Las Vegas Metropolitan Police Department) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Las Vegas Metropolitan Police Department, (D. Nev. 2025).

Opinion

1 CHRISTOPHER M. PETERSON, ESQ. Nevada Bar No.: 13932 2 JACOB SMITH, ESQ Nevada Bar No.: 16324 3 AMERICAN CIVIL LIBERTIES UNION OF NEVADA 4 4362 W. Cheyenne Ave. North Las Vegas, NV 89032 Telephone: (702) 366-1226 5 Facsimile: (702) 718-3213 Emails: peterson@aclunv.org 6 jsmith@aclunv.org 7 ROBERT L. LANGFORD, ESQ. Nevada Bar No.: 3988 8 ROBERT L. LANGFORD & ASSOCIATES 616 South Eighth Street Las Vegas, NV 89101 9 Telephone: (702) 471-6565 Facsimile: (702) 991-4223 10 Email: robert@robertlangford.com 11 Attorneys for Plaintiffs Phillip Semper, Corey Johnson, Ashley Medlock, Michael Green, Demarlo Riley, Clinton Reece, and Lonicia Bowie 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 PHILLIP SEMPER, et al., 16 Plaintiffs, Case No.: 2:20-cv-01875-JCM-EJY vs. 17 LAS VEGAS METROPOLITAN POLICE UNOPPOSED MOTION TO EXTEND DEPARTMENT, et. al, TIME TO FILE PRETRIAL ORDER 18 (First Request) 19 Defendants. 20 21 Plaintiffs LONICIA BOWIE, MICHAEL GREEN, COREY JOHNSON, ASHLEY 22 MEDLOCK, CLINTON REECE, DEMARLO RILEY, and CONNIE SEMPER, through counsel, 23 submit this motion to extend time to file pretrial order by 30 days. This motion is based upon the 24 pleadings and papers on file herein, the attached declaration of Christopher M. Peterson, and the 25 attached Memorandum of Points and Authorities. 1 DECLARATION OF CHRISTOPHER M. PETERSON 2 I, Christopher M. Peterson, hereby declare as follows: 3 1. I am duly licensed to practice law in the State of Nevada and have personal knowledge of 4 and I am competent to testify concerning the facts herein. 5 2. I represent the Plaintiffs in the above-captioned matter. 6 3. I am the Legal Director of the American Civil Liberties Union of Nevada. 7 4. I make this declaration in support of Plaintiffs’ Motion to Extend Time to File Pretrial 8 Order. 9 5. The current deadline for the pretrial order was April 28, 2025. 10 6. On March 28, 2025, this Court released an order on Plaintiffs’ Motion for Summary 11 Judgment, Defendants’ Motion for Summary Judgment, Plaintiffs’ Motion for 12 Reconsideration, Plaintiff’s Motion to Strike, Plaintiffs’ Motion to Extend Time, Plaintiffs’ 13 Motion for Leave to File Excess Pages, and Defendants’ Motion to Extend Time. 14 7. On April 2, 2025, I reached out to Defendants’ counsel to determine Defendants’ interest in

15 settling this case through mediation in light of the Court’s order on the dispositive motions 16 filed in this matter. 17 8. Defendants’ counsel responded that same day and stated that he would need to review the 18 case materials after taking over the case from a previous coworker and to discuss with his 19 clients to confirm whether the Defendants would consider mediation. 20 9. On April 3, 2025, Defendants’ counsel requested additional documents relevant to potential 21 settlement. I provided those documents the same day. 22 10.Defendant’s counsel stated that his client was interested in settlement shortly thereafter. I 23 then reached out both personally and through my Legal Department Coordinator to each of 24 the seven Plaintiffs with surviving claims, set up teleconferences with each client, and held 25 teleconferences with each separately to determine if each Plaintiff was still interested in 1 settlement and review the Court’s order regarding summary judgment. This took 2 approximately ten days to complete due to scheduling conflicts and the need to update 3 contact information. 4 11.On April 23 2025, I received final confirmation that all clients with surviving claims that 5 they were interested in mediation and conveyed that information to opposing counsel. 6 12.On April 24, 2025, Defendants’ counsel offered to draft the stipulation and order to extend 7 time to file the Joint Pretrial Order and send it to Plaintiffs’ Counsel by April 28, 2025. 8 13.Parties have also begin discussing potential mediators via email and have identify a few 9 potential candidates. 10 14.Plaintiffs request 30 days additional time to file the Joint Pretrial Order changing this 11 deadline to May 6, 2025. 12 15.Defendants do not oppose this motion and Defendants’ counsel has stated that he will 13 provide a draft stipulation and order to extend time by tomorrow, April 30, 2025. 14 16.I would have filed this motion yesterday, and I am only filing this motion today because I

15 miscalculated the deadline by a day. 16 17.As such, I believe there is good cause and excusable neglect to extend this deadline for the 17 following reasons: 18 a. Parties are actively seeking mediation in this case which involves multiple parties, 19 complicated constitutional questions, and could have significant ramifications on 20 policing in Nevada. 21 b. Parties have been working diligently since the Court issued its order in determining 22 whether mediation would be appropriate and arranging the same. 23 c. No Parties would be prejudiced by this extension as evidence by the fact that 24 Defendants do not oppose this motion and will be providing a draft stipulation and 25 order tomorrow. 1 d. I regrettably miscalculated the deadline for the Joint Pretrial Order or Plaintiff would 2 have filed this motion yesterday. This is the first time to my recollection that I made 3 this error during the course of this litigation. 4 5 Pursuant to NRS § 53.045, I declare under penalty of perjury under the laws of the State of 6 Nevada that the foregoing is true and correct. 7 DATED: April 29, 2025 8 /s/ Christopher M. Peterson CHRISTOPHER M. PETERSON, ESQ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 Under the Nevada Rules of Civil Procedure, and the Local Rules, Parties typically have thirty 3 days following the resolution of all pretrial motions to file a Joint Pretrial Order. NRCP 16.1(c); Local 4 Rule 16-3. Plaintiffs are seeking an extension until May 29, 2025, to file this Joint Final Pretrial 5 Order. 6 A motion to extend time filed after the deadline of the motion it seeks to extend must be 7 supported by a showing of good cause and excusable neglect. Local Rule IA 6-1; Local Rule 26-3; 8 Fed. Rules Civ. Proc.6(b)(1)(A). The party must also establish good cause, but good cause is not a 9 rigorous or high standard. Ahanchion v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). 10 I. Good Cause 11 The good cause analysis in part rests on a party’s diligence in adhering to the deadlines set by 12 the court. Johnson v. Mammoth Recreations, 975 F.2d 604, 609 (9th Cir. 1992). This measure of 13 diligence considers the diligence displayed throughout the entire case. Williams v. James River Grp. 14 Inc., 627 F. Supp. 3d 1172, 1177 (D. Nev. 2022). The degree of prejudice to the opposing party may

15 also be considered. Johnson v. Mammoth Recreations, 975 F.2d 604, 609 (9th Cir. 1992). 16 Plaintiffs have consistently met the deadlines set forth by this Court throughout this matter, 17 and Defendants would suffer no prejudice from granting this motion evidenced by the fact that 18 Defendants do not oppose this motion. In fact, approving this extension of time will only benefit the 19 parties and judicial economy as it will allow the parties to attempt to settle this matter through 20 mediation before continuing with litigation. Therefore, there is good cause to grant this motion to 21 extend time. 22 II.

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Johnson v. Las Vegas Metropolitan Police Department, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-las-vegas-metropolitan-police-department-nvd-2025.