Filed: Aug. 17, 2018
Latest Update: Aug. 17, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND PRETRIAL DEADLINES Third Request PEGGY A. LEEN , Magistrate Judge . Pursuant to D.NEV.R. 26-4, the Parties stipulate as follows to extend the pretrial deadlines. I. STATEMENT OF DISCOVERY COMPLETED. A. Written Discovery. The parties have served the following written discovery: DATE WRITTEN DISCOVERY DATE OF SERVED
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND PRETRIAL DEADLINES Third Request PEGGY A. LEEN , Magistrate Judge . Pursuant to D.NEV.R. 26-4, the Parties stipulate as follows to extend the pretrial deadlines. I. STATEMENT OF DISCOVERY COMPLETED. A. Written Discovery. The parties have served the following written discovery: DATE WRITTEN DISCOVERY DATE OF SERVED ..
More
STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY AND PRETRIAL DEADLINES
Third Request
PEGGY A. LEEN, Magistrate Judge.
Pursuant to D.NEV.R. 26-4, the Parties stipulate as follows to extend the pretrial deadlines.
I. STATEMENT OF DISCOVERY COMPLETED.
A. Written Discovery.
The parties have served the following written discovery:
DATE WRITTEN DISCOVERY DATE OF
SERVED ORIGINAL
RESPONSE
10/10/17 LVMPD's first requests for production to the Estate 12/21/17
10/10/17 LVMPD's first requests for production to Tamara Duarte 12/07/17
10/10/17 LVMPD's first requests for production to Elias Duarte 12/07/17
10/10/17 LVMPD's first interrogatories to the Estate 12/21/17
10/10/17 LVMPD's first interrogatories to Tamara Duarte 12/07/17
10/10/17 LVMPD's first interrogatories to Elias Duarte 12/07/17
01/12/18 Officer Lopera's first requests for admissions to the Estate 03/14/18
01/12/18 Officer Lopera's first requests for production to all Plaintiffs 03/14/18
01/12/18 Officer Lopera's first interrogatories to the Estate 03/14/18
03/05/18 Officer Lopera's first interrogatories to Elias Duarte 04/20/18
03/05/18 Officer Lopera's first interrogatories to Tamara Duarte 04/20/18
03/05/18 Officer Lopera's first second requests for production to Elias 04/20/18
and Tamara Duarte
04/25/18 Plaintiffs' first requests for admissions to LVMPD 05/29/18
04/25/18 Plaintiffs' first interrogatories to LVMPD 05/30/18
04/25/18 Plaintiffs' first requests for production to LVMPD 05/29/18
06/19/18 Officer Lopera's first requests for production to LVMPD 07/24/18
07/27/18 Plaintiffs' first requests for admissions to Officer Tran
07/27/18 Plaintiffs' first interrogatories to Officer Tran
07/27/18 Plaintiffs' first requests for production to Officer Tran
07/27/18 Plaintiffs' first requests for admissions to Officer Flores
07/27/18 Plaintiffs' first interrogatories to Officer Flores
07/27/18 Plaintiffs' first requests for production to Officer Flores
07/27/18 Plaintiffs' first requests for admissions to Sergeant Crumrine
07/27/18 Plaintiffs' first interrogatories to Sergeant Crumrine
07/27/18 Plaintiffs' first requests for production to Sergeant Crumrine
B. Depositions.
The following depositions have been taken or are scheduled to be taken:
DATE WITNESS PARTY WHO
NOTICED THE
DEPOSITION
12/20/17 Defendant Officer Michael Tran Plaintiffs
12/20/17 Defendant Officer Ashley Lif Plaintiffs
12/21/17 Security Guard Marcelino Vibas Plaintiffs
12/21/17 Security Guard Peter Infantino Plaintiffs
12/21/17 Sergeant Michael Bland Plaintiffs
12/27/17 Chief John McGrath Plaintiffs
12/27/17 Sergeant Travis Crumrine Plaintiffs
02/08/18 Defendant Officer Michael Flores Plaintiffs
04/10/18 Stevandra Kuanoni LVMPD
04/26/18 Jonathan Pierce Plaintiffs
05/08/18 Trinita Farmer Plaintiffs
05/31/18 Tamara Duarte Plaintiffs
05/31/18 Elias Duarte Plaintiffs
05/31/18 Sandy Morton Plaintiffs
06/01/18 Jason Kuanoni LVMPD
06/15/18 Detective Trevor Alsup Plaintiffs
06/15/18 Detective Marc Colon Plaintiffs
07/19/18 Treating Physician Dr. Adelisa Lizada Officer Lopera
07/20/18 Kasey Kirkegard Plaintiffs
08/21/18 Plaintiffs' Expert Scott Defoe Officer Lopera
08/22/18 Officer Lopera's Expert Frank Mir Plaintiffs
08/22/18 Officer Lopera's Expert Jamie Borden Plaintiffs
08/24/18 Treating Nurse Cathy Vild Officer Lopera
09/12/18 Coroner Alane Olson, M.D. Officer Lopera
09/24/18 Defendants' Expert Dr. Gary Vilke Plaintiffs
09/24/18 Defendants' Expert Dr. Binh Ly Plaintiffs
C. Expert Witnesses.
To date, the parties have disclosed the following expert witnesses:
EXPERT WITNESS DISCLOSING PARTY(IES)
Dr. Binh Ly Defendants (Joint Disclosure)
Dr. Gary Vilke Defendants (Joint Disclosure)
Dr. Stan v. Smith Defendants (Joint Disclosure)
John Ryan LVMPD
Lawrence G. Lynch LVMPD
Frank Mir Officer Lopera
Jamie Borden Officer Lopera
Dr. Alane Olson Plaintiffs
Dr. Terrence Clauretie Plaintiffs
Dr. William Smock Plaintiffs
Scott DeFoe Plaintiffs
II. DESCRIPTION OF THE REMAINING DISCOVERY.
The parties still need to complete the following depositions:
DATE DEPOSITION WITNESS NOTICING
LOCATION PARTY
08/21/18 Las Vegas, NV Plaintiffs' Expert Scott Defoe Officer Lopera
08/22/18 Las Vegas, NV Officer Lopera's Expert Frank Plaintiffs
Mir
08/22/18 Las Vegas, NV Officer Lopera's Expert Jamie Plaintiffs
Borden
08/24/18 Las Vegas, NV Treating Nurse Cathy Vild Officer Lopera
09/12/18 Sequim, WA Coroner Alane Olson, M.D. Officer Lopera
09/24/18 San Diego, CA Defendants' Expert Dr. Gary Plaintiffs
Vilke
09/24/18 San Diego, CA Defendants' Expert Dr. Binh Plaintiffs
Ly
TBD Louisville, KY Plaintiffs' Expert William Officer Lopera
Smock
TBD Las Vegas, NV Plaintiffs' Expert Terrence Officer Lopera
Clauretie
TBD Missouri LVMPD's Expert Lawrence Plaintiffs
G. Lynch
TBD Indiana LVMPD's Expert Jack Ryan Plaintiffs
TBD Chicago, IL Defendants' Expert Dr. Stan Plaintiffs
V. Smith
IV. REASONS WHY THE REMAINING DISCOVERY HAS NOT BEEN COMPLETED.
One of the attorneys representing Plaintiffs, Federico C. Sayre, has two trials in other cases during the current discovery period. Mr. Sayre asked Defendants to stipulate to a thirty day extension of the discovery deadline, to which Defendants agreed. Officer Lopera's counsel also proposed that the extension be for forty-five days in case Mr. Sayre's trials were to go longer than anticipated or in the event any other unforeseen scheduling issues were to arise.
On Tuesday, August 7, 2018, Plaintiffs' counsel received from Craig Anderson, counsel for Defendant Las Vegas Metropolitan Police Department, the report of the Tactical Review Board, Force Investigation Report, and Critical Incident Review Process report. Plaintiffs would like to take the depositions of 1) Assistant Sheriff Tim Kelly, Chair; 2) Captain John Pelletier, Board Member; 3) Sergeant Ryan Evans, Tactical Expert; 4) Sergeant Jose Hernandez Peer Member; and 5) Detective Travis Ivie, Peer Member.
The LVMPD Defendants have agree to three additional depositions including (1) Tim Kelly, (2) Ryan Evans, and (3) Jose Hernandez. These depositions will be limited to recently produced documents. The LVMPD Defendants do not agree to five additional defendants. However, the LVMPD Defendants remain open to discussing additional depositions after the three depositions have been taken.
V. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
TASK CURRENT DEADLINE PROPOSED NEW
DEADLINE
Discovery Cut-Off Date Wednesday, September 12, Monday, October 29, 2018
2018
Dispositive Motions Thursday, October 11, 2018 Monday, November 26, 2018
Joint Pretrial Order Monday, November 12, 2018 Thursday, December 27, 2018
All other deadlines not expressly addressed above shall remain unchanged.
This request for an extension of time is not sought for any improper purpose or other purpose of delay. The parties have worked together at moving discovery forward and have conducted significant discovery up to this point.
This is the third request for extension of time in this matter. The parties respectfully submit that the reasons set forth above constitute compelling reasons for the discovery extension.
IT IS SO STIPULATED.
IT IS SO ORDERED.
