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Harris v. City of Henderson

United States District Court, D. Nevada

January 19, 2018

HARVESTER HARRIS, Plaintiff,
v.
CITY OF HENDERSON; a political subdivision of the State of Nevada; LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada; SHERIFF DOUG GILLESPIE, individually; CHIEF PATRICK MOERS, individually; OFFICER SCOTT NIELSON, P#4408, individually; DETECTIVE PERDUE, individually; DOE OFFICERS III-X; and JOHN DOES I-X, inclusive, Defendants.

          KAEMPFER CROWELL LYSSA S. ANDERSON Attorneys for Defendants

          YAN KENSON Jay A. Kenyon, Esq. Attorney for Plaintiff

          STIPULATION AND ORDER TO EXTEND DEADLINE TO SUBMIT JOINT PRE-TRIAL ORDER PURSUANT TO ECF NO. 102

          GLORIA M. NAVARRO, CHIEF JUDGE

         The above-referenced parties, by and through their counsel of record, hereby request that the current deadline for the parties to submit a Joint Pre-Trial Order, January 16, 2018, pursuant to ECF No. 102, be extended and/or stay pending a ruling on Defendants' pending Motion for Reconsideration. [ECF No. 103].

         1. PROCEDURAL HISTORY.

         A. The Motions to Dismiss.

         Plaintiff filed his original Complaint in this action on February 15, 2015, naming the City of Henderson, Las Vegas Metropolitan Police Department (“LVMPD”), Sheriff Doug Gillespie and Chief Patrick Moers. [ECF No. 1]. The City of Henderson and Chief Moers filed a Motion to Dismiss. [ECF No. 12]. Similarly, LVMPD and Sheriff Gillespie also filed a Motion to Dismiss. [ECF No. 13]. In responding to the Motions to Dismiss, Plaintiff sought leave to amend his Complaint. As such, the Court denied the Motions to Dismiss and granted Plaintiff leave to amend his Complaint. [ECF No. 26].

         The First Amended Complaint (“FAC”) was filed and also named Officer Scott Nielson and Detective Purdue. [ECF No. 28]. LVMPD and Sheriff Gillespie again filed a Motion to Dismiss the FAC. [ECF No. 31]. The City of Henderson, Chief Moers and Detective Purdue also filed a Motion to Dismiss. [ECF No. 39]. Officer Nielson filed an Answer. [ECF No. 37]. This Court granted LVMPD and Sheriff's Gillespie's Motion to Dismiss, in part. [ECF No. 44]. All claims against Sheriff Gillespie were dismissed and certain claims against LVMPD were dismissed. The Court then granted City of Henderson, Chief Moers and Detective Purdue's Motion to Dismiss and gave Plaintiff leave to file a Second Amended Complaint (“SAC”). [ECF No. 50].

         Plaintiff filed the SAC on July 5, 2016. [ECF No. 53]. LVMPD and Sheriff Gillespie again filed a Motion to Dismiss the SAC; or portions thereof. [ECF No. 55]. LVMPD and Officer Nielson also filed an Answer. [ECF No. 54]. Likewise, again, the City of Henderson, Chief Moers and Detective Purdue filed a Motion to Dismiss. [ECF No. 56].

         B. Discovery.

         The initial Scheduling Order was entered in this matter on June 24, 2015. [ECF No. 23]. The parties engaged in and conducted extensive discovery - all during the pendency of the various Motions to Dismiss. They exchanged written discovery, provided numerous Rule 26 Disclosures, served multiple third-party subpoenas and took several depositions. The parties sought an extension of the discovery deadlines on four (4) different occasions, ECF Nos. 32, 42, 47 and 51. The final Scheduling Order, ECF No. 52, provided a close of discovery deadline of October 3, 2016 and a dispositive motion deadline of November 2, 2016.

         C. After Discovery Closed.

         At the close of discovery, as the dispositive motion deadline was approaching, the Court had not yet ruled on the pending Motions to Dismiss, ECF Nos. 55 and 56. The parties sought a thirty (30) day extension of the dispositive motion deadline and presented in their Stipulation that the Motions were fully briefed and pending. [ECF No. 64]. On December 1, 2016, the City of Henderson, Chief Moers and Detective Purdue filed their Motion for Summary Judgment. [ECF No. 66]. Likewise, on December 2, 2016, LVMPD and Officer Nielson each also filed Motions for Summary Judgment. [ECF Nos. 67 and 68]. On January 23, 2017, Plaintiff filed oppositions to the Motions for Summary Judgment. [ECF Nos. 74 and 75].

         Four (4) days later, the Court entered its order on the pending Motions to Dismiss the SAC. [ECF No. 78]. The Court granted the Motion to Dismiss against City of Henderson, Chief Moers and Detective Purdue in its entirety and granted the Motion to Dismiss Sheriff Gillespie and the state law claims against LVMPD. The Court gave Plaintiff leave to file ...


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