Nutsch v. Las Vegas Metropolitan Police Department

• Court: District Court, D. Nevada
• Decided: November 14, 2023
• Docket: 2:23-cv-01101
• Status: Unknown

Opinion

1 MARGARET A. MCLETCHIE, Nevada Bar No. 10931 LEO S. WOLPERT, Nevada Bar No. 12658 2) |MCLETCHIE LAW 602 South Tenth Street 3 | |Las Vegas, NV 89101 4 Telephone: (702) 728-5300 Fax: (702) 425-8220 5 | |Email: efile@nvlitigation.com ‘ Counsel for Plaintiff Travis Nutsch

7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 g | | TRAVIS NUTSCH, an individual, Case No.: 2:23-cv-01101-JCM-VCF 10 Plaintiff, STIPULATION AND ORDER TO |vs EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES 12] | LAS VEGAS METROPOLITAN POLICE = |DEPARTMENT, a Municipal Corporation; (FIRST REQUEST) OFFICER TIMOTHY NYE, an individual; ag 14| | OFFICER GEORGE AJAM, an individual; 15 OFFICER GENE WOLFANGER, an individual; OFFICER KELLEY FURNAS, 16 | | an individual; OFFICER ISRAEL CRUZ CAMACHO, an individual; OFFICER © |GABRIEL LEA, an individual; DOE 18 OFFICERS III-VII, individuals 19 Defendants. 20 Plaintiff Travis Nutsch, by and through his respective counsel, and Defendants Las 21 | |Vegas Metropolitan Police Department, Officer Timothy Nye, Officer George Ajam, and 92 | |Officer Gene Wolfanger, Officer Kelly Furnas, Officer Isrrael Cruz Camacho, and Officer 23 | |Gabriel Lea, (““LVMPD Defendants”), by and through their respective counsel (collectively 74 | |“the Parties”), hereby stipulate and agree to extend the Discovery Plan and Scheduling Order 25 | |deadlines an additional sixty (60) days. This Stipulation is being entered in good faith and 26 | {not for purposes of delay. This is the first request for an extension in this matter. 27 28

1} /1. STATUS OF DISCOVERY. 2 A. PLAINTIFF’S DISCOVERY 3 1. Plaintiff's Initial Disclosures and Production of Documents Pursuant to Fed. |R. Civ. P. 26.1, dated August 28, 2023. 5 2. Plaintiff's First Set of Requests for Production to Defendant Las Vegas 6 | |Metropolitan Police Department, dated October 12, 2023. 7 B. DEFENDANTS’ DISCOVERY 8 1. Defendants’ Initial List of Witnesses and Documents Pursuant to Fed. R. 9 | |Civ. P. 26.1 dated August 30, 2023, 10 2. DISCOVERY THAT REMAINS TO BE COMPLETED. 1 The Parties are actively conducting discovery. 12 Plaintiffs need additional time to receive and review documents produced by 13 Defendants; Defendants have requested a two-week extension of the November 14, 2023, 14 | | deadline. 15 The Parties’ primary remaining discovery tasks include: (1) addressing any 16 remaining meet and confer issues and finishing written discovery; (3) scheduling of = 17 depositions; and (3) expert discovery. Further, the Parties intend to save resources by having 18 any expert disclosures follow the completion of fact discovery, to avoid the time and expense 19 | |related to supplementing reports. 20 3. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY. 21 This is the first request for an extension of discovery deadlines in this matter. The 22 | |Parties request that the Discovery Plan and Scheduling Order deadlines be extended an 23 | Jadditional sixty (60) days so that the Parties may complete the tasks above. 24 The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation to extend 25 | |a deadline set forth in a discovery plan must be submitted to the Court no later than twenty- 26] lone (21) days before the expiration of the subject deadline, and that a request made within 27 twenty-one (21) days must be supported by a showing of good cause. Here, almost all of the |deadlines the Parties seek to extend are outside of the twenty-one (21) day window, the

1 | |deadline for initial exert disclosures, however, 1s within the twenty-one (21) day window. 2 | Thus, the Parties must establish that good cause exists to extend these deadlines. Pursuant to 3 | |Local Rule 26-3, the Parties submit that good cause exists for the extension requested. 4 The Parties have been diligently conducting discovery, but an extension is needed 5 | |to efficiently continue to conduct discovery, analyze the information provided, and manage 6 | |the case. The Parties are resolving issues and meeting and conferring regarding related issues. 7 Finally, the Parties together request this in good faith and to further the resolution 8 | jof this complicated case on the merits, and not for any purpose of delay. 9 There is thus good cause for the extension. ““Good cause to extend a discovery 10 | |deadline exists ‘if it cannot reasonably be met despite the diligence of the party seeking the 11 | Jextension.’” Derosa v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013 U.S. Dist. LEXIS 12 | |108235, 2013 WL 3975764, at 1 (D. Nev. Aug. 1, 2013) (quoting Johnson v. Mammoth 13 | |Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)); see also Fed. R. Civ. P. 1 (providing 14 | |that the Rules of Civil Procedure “should be construed, administered, and employed by the i 15 | |court and the Parties to secure the just, speedy, and inexpensive determination of every action 16 | |and proceeding”). The Parties have been diligent in litigating this matter. Thus, the standard 17 | |to extend all deadlines is satisfied here. 18 Based on the foregoing stipulation and proposed deadlines plan, the Parties thus 19 | |respectfully request an extension of time to extend the discovery in this matter to enable to 20 | |them to conduct necessary discovery in this matter and so that this matter is fairly resolved 21 | jon the merits. 22 4, PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DEADLINES 24 25 Add Parties

28 Disclosures

1 Rebuttal Expert December 11, 2023 February 9, 2024 Disclosures 2 Discovery Cut-Off January 10, 2024 March 11, 2024! 3 February 9, 2024 April 9, 2024 4 Joint Pretrial Order March 11, 2024 April 10, 2024 5 (If dispositive motions are filed, 6 the deadline shall be suspended until thirty (30) days after the 7 decision of the dispositive motions or further order of the 8 Court.) 9 Based on the foregoing stipulation and proposed deadlines plan, the Parties request 10] |that the Discovery Plan and Scheduling Order deadlines be extended an additional sixty (60) 1 days so that the parties may conduct necessary discovery. 12 e 13

15 16 a5 © 17 18 19 20 21 22 23 24 25 26 27 28 ———.T— 1 Sixty (60) days from January 10, 2024, is Sunday, February 10, 2024

1 IT IS SO STIPULATED. 2 DATED this 13 day of November, 2023. DATED this 13 day of November, 2023. 3 MCLETCHIE LAW MARQUIS AURBACH 4 5 By: /s/ Margaret A. McLetchie By: /s/ Nick D. Crosby MARGARET A. MCLETCHIE NICK D. CROSBY 6 Nevada Bar No. 10931 Nevada Bar No. 8996 LEO S. WOLPERT, 10001 Park Run Drive 7 Nevada Bar No. 12658 Las Vegas, Nevada 89145 g 602 South Tenth Street Telephone: (702) 382-0711 Las Vegas, Nevada 89101 Facsimile: (702) 382-5816 9 Telephone: (702) 728-5300 ncrosby@maclaw.com Fax: (702) 425-8220 Attorney for LVMPD Defendants 10 Email: efile@nvlitigation.com 1 Attorneys for Plaintiff 12 ORDER e 13 14 IT IS SO ORDERED.

16 Cn 17 U.S. DISFRIET COURT MAGISTRATE JUDGE 18 19 Dated this 14th day of November 2023. 20 21 22 23 24 25 26 27 28