Lykins v. Las Vegas Metropolitan Police Department

Opinion

Marquis Aurbach Craig R. Anderson, Esq. Nevada Bar No. 6882 Jackie V. Nichols, Esq. Nevada Bar No. 14246 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 canderson@maclaw.com jnichols@maclaw.com Attorneys for Defendants Las Vegas Metropolitan Police Department and Captain Dori Koren PETER LYKINS, an individual; MARIA Case Number: LYKINS, an individual, 2:22-cv-01068-APG-BNW Plaintiffs, LVMPD DEFENDANTS’ MOTION TO vs. EXTEND OPPOSITIONS TO PLAINTIFFS’ MOTION TO ENFORCE LAS VEGAS METROPOLITAN POLICE SETTLEMENT AGREEMENT [ECF DEPARTMENT, in its official capacity; NO. 58] AND PLAINTIFFS’ MOTION DORI KOREN, as an individual and in his TO ENFORCE SETTLEMENT capacity as a Las Vegas Metropolitan Police AGREEMENT AND MOTION FOR Department Officer; DOE OFFICERS 1-15, AWARD OF ATTORNEY’S FEES AND as individuals and in their capacity as Las COSTS [ECF NO. 59] DEADLINES Vegas Metropolitan Police Department Officers; and ROE DEFENDANTS 1-10, (FIRST REQUEST) Defendants. Pursuant to LR IA 6-1 and LR II 7-1, Defendants Las Vegas Metropolitan Police Department (“LVMPD”) and Captain Dori Koren (“Koren”) (hereinafter “LVMPD Defendants”), by and through their attorneys of record, the law firm of Marquis Aurbach, hereby submit their Motion to Extend Oppositions to Plaintiffs’ Motion to Enforce Settlement Agreement [ECF No. 58] and Plaintiffs’ Motion to Enforce Settlement Agreement and Motion for Award of Attorney’s Fees and Costs [ECF No. 59] Deadlines. . . . . . . . . . This is LVMPD Defendants’ first request for an extension. Dated this 30th day of January, 2024. MARQUIS AURBACH By: /s/ Jackie Nichols Craig R. Anderson, Esq. Nevada Bar No. 6882 Jackie V. Nichols, Esq. Nevada Bar No. 14246 10001 Park Run Drive Las Vegas, Nevada 89145 Attorneys for Defendants Las Vegas Metropolitan Police Department and Captain Dori Koren DECLARATION OF JACKIE V. NICHOLS, ESQ. IN SUPPORT OF CCSD DEFENDANTS’ MOTION TO EXTEND THE DISPOSITIVE MOTION DEADLINE (FIRST REQUEST) Jackie V. Nichols, Esq., being first duly sworn deposes and says: 1. I am over the age of 18 years and have personal knowledge of the facts stated herein, except for those stated upon information and belief, and as to those, I believe them to be true. I am counsel of record for Defendants Las Vegas Metropolitan Police Department (“LVMPD”) and Captain Dori Koren (“Koren”) (hereinafter “LVMPD Defendants”), and I am competent to testify as to the facts stated herein in a court of law and will so testify if called upon. 2. I submit this declaration in support of LVMPD Defendants’ Motion to Extend Oppositions to Plaintiffs’ Motion to Enforce Settlement Agreement [ECF No. 58] and Plaintiffs’ Motion to Enforce Settlement Agreement and Motion for Award of Attorney’s Fees and Costs [ECF No. 59] Deadlines (First Request), in compliance with LR 26-6, wherein LVMPD Defendants seek an extension of their Oppositions deadlines [ECF Nos. 58 and 59]. 3. Counsel for the Defendant suffered a knee injury on January 21, 2024, requiring her to attend several medical appointments and preventing her from traveling into the office. Due to the physical injury, counsel is unable to meet the Oppositions deadlines. 5. Counsel currently seeks to extend the Oppositions deadlines by one week due to her injury and inability to complete the Oppositions deadlines by the deadline of February 6, 2024. 6. This Motion is brought in good faith and not for purposes of delay. Dated this 30th day of January, 2024. /s/ /s/Jackie Nichols Jackie V. Nichols, Esq. LVMPD Defendants hereby move this Court for an extension of their Oppositions deadlines [ECF Nos. 58 and 59] in this matter because counsel for LVMPD Defendants suffered an injury to her knee on January 21, 2024, affecting her ability to timely respond to the pending motions. Accordingly, LVMPD Defendants seek one additional week to submit LVMPD Defendants Oppositions deadlines, rending the new deadline February 6, 2024. Due to counsel’s physical injury and necessarily related medical appointments, she was unable to complete the Oppositions to Plaintiffs’ pending motions and now seeks a one- week extension of the deadline. Courts within this circuit routinely recognize counsel’s personal emergencies, including counsel’s own illness (or injury), satisfy the good cause standard for seeking an extension of time. See e.g., Castronovo-Flihan v. State Farm Mut. Auto. Ins. Co., No. 220CV01197JCMDJA, 2021 WL 5413886, at *1 (D. Nev. Sept. 17, 2021) (extending deadline because Plaintiff had recently been diagnosed with an autoimmune disease); Bryson v. Zuniga, No. 220CV00089JADBNW, 2022 WL 225091, at *2 (D. Nev. Jan. 25, 2022) (extending deadlines based in part due to counsel’s personal family emergencies); Frary v. Cnty. of Marin, No. 12-CV-03928-MEJ, 2014 WL 2110026, at *1 (N.D. Cal. May 20, 2014) (extending deadlines because counsel had to care for his ill child). Accordingly, the Court should find that good cause exists to extend the Opposition deadlines by one week from January 30, 2024 to February 6, 2024. Based on the foregoing, the LVMPD Defendants respectfully request the Court grant their Motion to Extend Oppositions to Plaintiffs’ Motion to Enforce Settlement Agreement [ECF No. 58] and Plaintiffs’ Motion to Enforce Settlement Agreement and Motion for . . . . . . | || Award of Attorney’s Fees and Costs [ECF No. 59] Deadlines and extend the time for filing 2 the oppositions to February 6, 2024 3 Dated this 30th day of January, 2024. 4 MARQUIS AURBACH 5 6 By:/s/ Jackie Nichols 7 Craig R. Anderson, Esq. Nevada Bar No. 6882 8 Jackie V. Nichols, Esq. Nevada Bar No. 14246 9 10001 Park Run Drive Las Vegas, Nevada 89145 10 Attorneys for Defendants Las Vegas Metropolitan Police Department and 1] Captain Dori Koren

2 Pursuant to Federal Rule of Civil Procedure 6(b)(1), and good cause being found, 13 the Court grants Defendants’ Motion to Extend Time. Defendants' response shall be due no later than February 6, 2024. gt 14 15 = IT IS SO ORDERED 16 DATED: 9:06 am, January 31, 2024 217 18 Gx Las We bee UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 Page 5 of 6