United States District Court, D. Nevada
KAEMPFER CROWELL LYSSA S. ANDERSON Attorneys for Defendants
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
M. NAVARRO, CHIEF JUDGE
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].
The Motions to Dismiss.
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].
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].
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].
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.
After Discovery Closed.
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].
(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 ...