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Taylor v. Las Vegas Metropolitan Police Department

United States District Court, D. Nevada

November 14, 2019

LARIME TAYLOR, an individual, Plaintiff,
v.
LAS VEGAS METROPOLITAN POLICE DEPARTMENT, in its official capacity; CLARK COUNTY, a political subdivision of the State of Nevada; SHERIFF JOSEPH LOMBARDO, in his official capacity as Sheriff of the Las Vegas Metropolitan Police Department; OFFICER THERON YOUNG, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER MATTHEW KRAVETZ, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER DARRELL LEE DAVIS, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER WESTON FERGUSON, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER THOMAS ALBRIGHT, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER JANETTE GUTIERREZ, as an individual and in her capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER CLINT OWENSBY, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER ROBERT THORNE, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER JACOB BITTNER, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER GERARDO REYES, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER MORGAN MCCLARY, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER JAKE FREEMAN, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; and OFFICER CHRISTOPHER LONGI, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer, Defendants.

          Marquis Aurbach Coffing Nick D. Crosby, Esq. Jackie V. Nichols, Esq. Attorneys for LVMPD Defendants

          MCLETCHIE LAW Margaret A. McLetchie, Esq. Alina M. Shell, Esq. Attorneys for Plaintiff Larime Taylor

          STIPULATION AND ORDER

         Plaintiff Larime Taylor, by and through his attorneys of record, Margaret A. McLetchie, Esq. and Alina M. Shell, Esq., of McLetchie Law, and Defendants Las Vegas Metropolitan Police Department (“LVMPD or the “Department”), Sheriff Joseph Lombardo (“Lombardo”), Officer Theron Young (“Young”), Officer Matthew Kravetz (“Kravetz”), Officer Darrell Lee Davis (“Davis”), Officer Weston Ferguson (“Ferguson”), Officer Thomas Albright (“Albright”), Officer Janette Gutierrez (“Gutierrez”), Officer Clint Owensby (“Owensby”), Officer Robert Thorne (“Thorne”), Officer Jacob Bittner (“Bittner”), Officer Gerardo Reyes (“Reyes”), Officer Morgan McClary (“McClary”), Officer Jake Freeman (“Freeman”), and Officer Christopher Longi (“Longi”) (collectively “LVMPD Defendants”), by and through their counsel of record, Nick D. Crosby, Esq. and Jackie V. Nichols, Esq., of Marquis Aurbach Coffing, hereby stipulate to the following:

         1. On October 30, 2019, Plaintiff filed a Motion for Temporary Restraining Order (ECF No. 78) and Motion for Preliminary Injunction (ECF No. 79) regarding LVMPD Defendants application and enforcement of Chapter 16 of Clark County Code (“CCC”) against Plaintiff.

         2. On November 7, 2019, the Court issued a Temporary Restraining Order restraining defendants, their agents, officials, and employees from enforcing Chapter 16 of the CCC against plaintiff's First Amendment activity on the Las Vegas Strip. (ECF No. 84)

         3. The Court further ordered the defendants to appear on November 20, 2019, at 1:30 p.m. in Courtroom No. 6A and show cause why a preliminary injunction should not be granted that restrains and enjoins defendants from enforcing Chapter 16 of the CCC against plaintiff's First Amendment activity on the Las Vegas Strip. Id.

         4. The defendants were further ordered to file their oppositions, if any to plaintiff's motion for preliminary injunction by 5:00 p.m. on November 13, 2019 and the plaintiff was directed to file his reply, if any, by 5:00 p.m. on November 18, 2019. Id.

         5. The Parties hereby agree and stipulate to attend a settlement conference with an assigned Magistrate Judge, other than the currently assigned Magistrate Judge Nancy Koppe, in accordance with this Court's referral, and request that the Court order that a settlement conference be conducted.[1]

         6. In order to facilitate settlement and avoid waste of the parties' resources', the Parties hereby agree and stipulate to stay the briefing and vacate the currently scheduled hearing of November 20, 2019 at 1:30 p.m. ordered by the Court related to plaintiff's motion for preliminary injunction until a later date, if necessary, as agreed by the Parties.

         7. The Parties hereby agree and stipulate to extend the Temporary Restraining Order (ECF No. 84) until the Parties reach a settlement in this matter or the Court issues an order on plaintiff's motion for preliminary injunction, whichever occurs first.

         8. The Parties also hereby agree and stipulate and make joint application to stay discovery and the other deadlines set forth in the operative Order setting dates for this matter (ECF No. 45) until such time as the parties conclude the proposed settlement conference.[2]

         9. The stay of discovery and other deadlines will allow the parties to explore the possibility of settlement through mediation, without incurring the time and expense of ongoing discovery prior to the mediation.

         10. Within fifteen (15) days after completion of the settlement conference, if it is not successful, the parties will submit new discovery deadlines, including the discovery cutoff deadline (providing ample time to complete written discovery and depositions), deadline for filing dispositive motions, and the deadline for filing the Joint Pretrial Order. The applicable dates will be extended for the commensurate time period that they were stayed.

         11. The Parties hereby agree and request that this Court refer the instant matter to a Magistrate Judge, other than the currently assigned Magistrate ...


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