Kern v. Johnson

Opinion

Attorney General 2 SAMUEL L. PEZONE JR. (Bar No. 15978) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 5 (702) 486-4070 (phone) (702) 486-3773 (fax) 6 Email: spezone@ag.nv.gov

7 Attorneys for Defendants

8 UNITED STATES DISTRICT COURT

9 DISTRICT OF NEVADA

10 STEPHEN R.F. KERN, JR., Case No. No. 2:21-cv-00467-KJD-BNW

11 Plaintiff, STIPULATION AND PROPOSED 12 v. ORDER TO EXTEND PRE-TRIAL DEADLINES 13 CALVIN JOHNSON, (SECOND REQUEST)

14 Defendant.

15 16 Plaintiff Stephen R.F. Kern, Jr., by and through counsel Akke Levin, and Defendant 17 Calvin Johnson, by and through counsel, Aaron D. Ford, Nevada Attorney General, and 18 Samuel L. Pezone, Jr., Deputy Attorney General, of the State of Nevada, Office of the 19 Attorney General, hereby stipulate and agree to extend the time for discovery. There is 20 good cause for this Court to grant an extension of discovery. LR 26-3. 21 I. CERTIFICATION REGARDING THE MEET AND CONFER 22 The parties hereby declare and certify that they met and conferred via telephone on 23 May 1, 2024, regarding the discovery deadlines. At this meet and confer, the parties agreed 24 to stipulate to an extension of the discovery deadlines as herein provided. 25 II. STATEMENT OF DISCOVERY PERFORMED 26 The discovery period for this matter began on August 22, 2023, pursuant to this 27 Court’s Scheduling Order, ECF No. 21. Defendant and Plaintiff have served Initial and 28 Supplemental Disclosures. On or about January 19, 2024, Plaintiff propounded his First 2 order, to which Defendant responded on or about February 20, 2024. On March 26, 2024, 3 Plaintiff propounded his First Sets of Requests for Admission and Interrogatories, as well 4 as his Second Set of RFPDs, to which Defendant responded on April 26, 2024. 5 III. DESCRIPTION OF DISCOVERY THAT REMAINS TO BE COMPLETED 6 On May 1, the parties convened to discuss the remaining discovery to be propounded 7 in this case. Defendant’s counsel indicated that he had retained an expert, but that he 8 lacked adequate time to serve disclosures and a written report pursuant to Fed. R. Civ. P. 9 26 by the current deadline. 10 IV. STATEMENT OF GOOD CAUSE 11 To demonstrate good cause, the parties must show “that, even in the exercise of due 12 diligence, [the parties were] unable to meet the timetable set forth in the order.” Cruz v. 13 City of Anaheim, CV1003997MMMJEMX, 2011 WL 13214312, at *2 (C.D. Cal. Dec. 19, 14 2011) (citing Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 15 2002); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Prejudice 16 to the opposing party is a factor in determining good cause, though lack of prejudice is “not 17 a prerequisite.” Id. 18 There is good cause to extend the discovery deadline. The parties have been working 19 toward settlement and an extension of 30 days would be beneficial to that process. In 20 addition, Defendant has retained an expert on the use of force, and additional time will 21 allow Defendant to make an adequate disclosure. Neither party will be prejudiced by this 22 short extension discovery. There is good cause to extend discovery. 23 V. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING 24 DISCOVERY 25 The Parties propose the following schedule for completion of all remaining discovery 26 and the filing of any dispositive motions: 27 • Deadline for Initial Expert Disclosures will be extended to June 3, 2024 28 (from May 1, 2024). 1 ° Deadline for Rebuttal Expert Disclosures will be extended to June 28, 2024 2 (from May 31, 2024). 3 ° The deadline for completion of discovery will be extended to August 1, 2024 4 (from July 1, 2024). 5 ° The deadline to file any dispositive motions will be extended until 6 September 1, 2024 (from August 1, 2024). 7 ° The deadline to file a Joint Pre-Trial order will be extended until 8 September 30, 2024 (from August 30, 2024), or, if dispositive motions are 9 filed, until thirty (80) days after the entry of any order on the dispositive 10 motions. 11 VI. CONCLUSION 12 Based on the foregoing, good cause exists, and the parties respectfully request that 13 ||this Court extend the remaining discovery deadlines an additional 30 days. 14 || DATED this 1st day of May, 2024. DATED this 1st day of May, 2024. 15 || AARON D. FORD Attorney General 16 /s/ Samuel L. Pezone, Jr. /s/ Akke Levin 17 ||SAMUEL L. PEZONE, JR. (Bar No. 15978) AKKE LEVIN, Nevada Bar No. 9102 Deputy Attorney General ELLIOT T. ANDERSON, ESQ. 18 Nevada Bar No. 14025 Attorneys for Defendants 10845 Griffith Peak Drive, Suite 600 19 Las Vegas, NV 89135 20 Plaintiff, Pro Se 21 22 ORDER 23 IT IS SO ORDERED: 24 DATED: 5/2/2024 25 26 27 UNITED STATES MAGISTRATE JUDGE 28 Page 3 of 4

2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, and 3 that on May 1, 2024, I electronically filed the foregoing, STIPULATION AND 4 PROPOSED ORDER TO EXTEND PRE-TRIAL DEADLINES (SECOND 5 REQUEST), via this Court’s electronic filing system. Parties who are registered with this 6 Court’s electronic filing system will be served electronically.

7 Akke Levin, Esq. Greenberg Traurig LLP 8 10845 Griffith Peak Drive Las Vegas, Nevada 89135 9 Counsel for Plaintiff 10

11 /s/Andrea Beckett ANDREA BECKETT, An employee of the 12 Office of the Nevada Attorney General

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