Rogers v. LVMPD (Police Department)

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 6 | Counsel for Plaintiffs Michael Rogers and Nikita Wright 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 | MICHAEL ROGERS, an individual; Case No.: 2:22-cv-00867-CDS-BNW NIKITA WRIGHT, an individual, _- STIPULATION AND ORDER TO 13 Plaintiffs EXTEND AMENDMENT DEADLINE vs, 15 (FIRST REQUEST) 2 LAS VEGAS METROPOLITAN POLICE 16 | | DEPARTMENT; JOSEPH LOMBARDO, ~ in his official capacity; ALFREDO 17 | | QUINTERO, individually; PRAVEEN RAJ, 18 individually; PARKER SMITH, individually; TYLER GEORGI, 19 | | individually; JUSTIN JONSSON, individually; JAMES KILBER, individually 20 | | DOE OFFICERS V - VI, individually, 21 Defendants 22 23 Plaintiffs Michael Rogers and Nikita Wright (“Plaintiffs”), by and through their 24 | |counsel of record, Margaret A. McLetchie, Esq. and Leo S. Wolpert, Esq., of McLetchie 25 | |Law, and Defendants, the Las Vegas Metropolitan Police Department (the “Department” or 26||“LVMPD”), Sgt. Alfredo Quintero (“Quintero”), and Officer Praveen Raj (“Ray”), 27 | |collectively (““LVMPD Defendants”), by and through their counsel of record, Craig R. 28 | |Anderson, Esq. and Nick D. Crosby, Esq., of Marquis Aurbach, hereby stipulate and agree

1 | |to extend the deadline for Plaintiffs to amend their complaint by fourteen (14) days, to 2 | |February 26, 2025. This Stipulation is being entered in good faith and not for purposes of 3 | |delay. 4 The formal deadline to amend pleadings or add parties has passed and Plaintiffs are 5||not seeking to extend that deadline. The amendment deadline to be extended by this 6 | |stipulation is the February 12, 2025, deadline set by the Court in its January 29, 2025, ruling 7 | |on Defendants’ motion to dismiss. See ECF No. 64 at 11:14-17. 8 Pursuant to Local Rule 26-3 and Fed. R. Civ. P. 6(b), the Parties submit that good 9 | |cause exists for the extension requested. The deadline set by the Court in its January 29, 10 | |2025, Order gave Plaintiffs until February 12, 2025, to file a third amended complaint to 11 | |supplemented the allegations concerning their equal protection and Monell claims. See ECF

- 12 | |No. 64 at 11:14-17. The Parties acknowledge that, pursuant to Local Rule 26-3, a stipulation 3 13 | |to extend a deadline must be submitted to the Court no later than 21 days before the expiration 14 | lof the subject deadline, and that a request made within 21 days must be supported by a 15 | |showing of good cause. As the Court provided fourteen (14) days for amendment, the instant 16 stipulation could not be filed within the Rule’s 21-day window. This 1s the first request for 17 | Jan extension of the February 12, 2025, deadline for Plaintiffs to file a third amended 18 | | complaint. 19 Plaintiffs require the additional time to review litigation and evidence in other 20 | |similar cases to complete their preparation of the third amended complaint. Finally, the |Parties together request this in good faith and to further the resolution of this complicated 22 | |case on the merits, and not for any purpose of delay. 23 The Parties thus respectfully request an extension of time for Plaintiffs to file their 24 | |third amended complaint to enable to them to conduct necessary additional investigation as 25 | |to their claims so that this matter is fairly resolved on the merits with a third amended 26 | |complaint that fully reflects Plaintiffs’ claims. “Good cause to extend a discovery deadline 27 | lexists ‘if it cannot reasonably be met despite the diligence of the party seeking the 28 | |extension.’” Derosa v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013 U.S. Dist. LEXIS

1 | |108235, 2013 WL 3975764, at 1 (D. Nev. Aug. 1, 2013) (quoting Johnson v. Mammoth 2 | | Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)); see also Fed. R. Civ. P. 1 (providing 3 | |that the Rules of Civil Procedure “should be construed, administered, and employed by the 4 | |court and the parties to secure the just, speedy, and inexpensive determination of every action 5 | |and proceeding”). 6 Based on the foregoing stipulation, the Parties request that the deadline for |Plaintiffs to file their third amended complaint to supplement their Monell and equal 8 | |protection claims be extended an additional fourteen (14) days, to February 26, 2025. 9 10 Dated this 12th day of February, 2025. Dated this 12th day of February, 2025. 11 MCLETCHIE LAW MARQUIS AURBACH 12 & By: /s/ Margaret A. McLetchie By: /s/ Tabetha J. Steinberg 13 Margaret A. McLetchie, Esq. Nick D. Crosby, Esq. 2 25 14 Nevada Bar No. 10931 Nevada Bar No. 8996 Leo S. Wolpert, Esq. Tabetha J. Steinberg, Esq. 15 Nevada Bar No. 12658 Nevada Bar No.16756 602 South 10th Street 10001 Park Run Drive 16 Las Vegas, Nevada 89101 Las Vegas, Nevada 89145 17 Attorneys for Plaintiffs Michael Attorneys for Defendants Las Vegas Rogers and Nikita Wright Metropolitan Police Department, 18 Sheriff Joseph Lombardo, Sgt. Alfredo 19 Quintero, and Officer Praveen Raj 20 21 22 ORDER 23 The parties’ stipulation [ECF No. 69] is hereby approyed. The deadline for 24 | | plaintiffs to amend their complaint is extended to Februgyl 26, 2025. { 25 LZ 6 □ bp UNITED STATES DISTRICT JUDGE 27 L / 28 DATED: February 13, 2025