Downes-Covington v. Las Vegas Metropolitan Police Department ( 2023 )

1 | |MARGARET A. MCLETCHIE, Nevada Bar No. 10931 PIETER M. O’LEARY, Nevada Bar No. 15297 |LEO S. WOLPERT, Nevada Bar No. 12658 3 | |MCLETCHIE LAW 602 South 10" Street 4 | |Las Vegas, NV 89101 Telephone: (702) 728-5300 / Fax: (702) 425-8220 |Email: efile@nvlitigation.com 6 | | Counsel for Plaintiffs 7 UNITED STATES DISTRICT COURT g DISTRICT OF NEVADA g | | LANCE DOWNES-COVINGTON, an | Case No.: 2:20-cv-01790-CDS-DJA individual SOLDADERA SANCHEZ, an 10 | | individual, ROBERT O’BRIEN, an individual, EMILY DRISCOLL, an individual, ALISON KENADY, an individual, TENISHA MARTIN, | STIPULATION AND ORDER TO 12| {an individual GABRIELA MOLINA, an| EXTEND DISCOVERY PLAN individual, AND SCHEDULING ORDER 13 Plaintiffs, DEADLINES 14 VS. (THIRTEENTH REQUEST) 15||LAS VEGAS METROPOLITAN POLICE DEPARTMENT, in its official capacity; 16/|LIEUTENANT KURT MCKENZIE, as an 17 individual and in his capacity as a Las Vegas Metropolitan Police Department Officer;| As amended on pages 2 and 27 |OFFICER TABATHA DICKSON, as an individual and in her capacity as a Las Vegas 19 Metropolitan Police Department Officer; 99 | |CAPTAIN PATRICIA SPENCER, as an individual and in her capacity as a Las Vegas |Metropolitan Police Department Officer; CAPTAIN DORI KOREN, as an individual and in his capacity as a Las Vegas Metropolitan Police 3 Department Officer; EVAN SPOON, as an individual and in his capacity as a Las Vegas 24||Metropolitan Police Department Officer; JORDAN TURNER, as an individual and in his 25 capacity as a Las Vegas Metropolitan Police 26 | | Department Officer; UNKNOWN OFFICERS 1- 14, as individuals and in their capacity as Las 27 | | Vegas Metropolitan Police Department Officers, 28 Defendants. STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND l SCHEDULING ORDER DEADLINES (THIRTEENTH REQUEST) 2 3 Plaintiffs Lance Downes-Covington, Soldadera Sanchez, Robert O’Brien, Emily Driscoll, Alison Kenady, Tenisha Martin, and Gabriela Molina (“Plaintiffs”), by and through 4 y y g 5 their attorneys of record, Margaret A. McLetchie, Esq., Leo S. Wolpert, Esq., and Pieter M. 6 O’Leary, Esq., with the law firm of McLetchie Law and Defendants, the Las Vegas 7 Metropolitan Police Department (the “Department” or “LVMPD”), Lieutenant Kurt g McKenzie (“McKenzie”), Officer Tabatha Dickson (“Dickson”), Captain Patricia Spencer g | |CSpencer”), Captain Dori Koren (“Koren”), Officer Evan Spoon (“Spoon”), and Officer 19 | Jordan Turner (“Turner”), collectively (““LVMPD Defendants”), by and through their 11 | [attorneys of record, Craig R. Anderson, Esq. and Jackie V. Nichols, Esq., with the law firm 12 | of Marquis Aurbach, hereby stinulate and agree to extend the Discovery Plan and Scheduling ninety (90) = 13 |Order deadlines an additional sixty{60) days. This Stipulation is being entered in good faith 8 44 | Jand not for purposes of delay (supplemented information noted in bold-face type). 2252 15|| L STATUS OF DISCOVERY. 16 A. PLAINTIFFS’ DISCOVERY. 7 1. Plaintiffs’ Initial Disclosure of Witnesses and Documents Pursuant to FRCP | 56.1(a)(1) dated January 20, 2021: 19 2. Plaintiff Lance Downes-Covington’s Responses to LVMPD’s First Set of 20 Interrogatories dated May 13, 2021; 21 3. Plaintiff Soldadera Sanchez’s Responses to LVMPD’s First Set of 22 Interrogatories dated May 13, 2021; 23 34 4. Plaintiff Robert O’Brien’s Responses to LVYMPD’s First Set of Interrogatories dated May 13, 2021; 25 26 5. Plaintiff Emily Driscoll’s Responses to LVMPD’s First Set □□ 7 Interrogatories dated May 13, 2021; 28 1 6. Plaintiff Alison Kenady’s Responses to LVMPD’s First Set of 2 Interrogatories dated May 13, 2021; 3 7. Plaintiff Tenisha Martin’s Responses to LVMPD’s First Set of 4 Interrogatories dated May 13, 2021; 5 8. Plaintiff Gabriela Molina’s Responses to LYMPD’s First Set of 6 Interrogatories dated May 13, 2021; 9. Plaintiff Lance Downes-Covington’s Responses to LVMPD’s First Set □□ Requests for Production of Documents dated May 13, 2021; ° 10. Plaintiff Soldadera Sanchez’s Responses to LVMPD’s First Set of Requests for Production of Documents dated May 13, 2021; 11. Plaintiff Robert O’Brien’s Responses to LVMPD’s First Set of Requests for - 2B Production of Documents dated May 13, 2021; 5 14 12. Plaintiff Emily Driscoll’s Responses to LVMPD’s First Set of Requests for 15 Production of Documents dated May 13, 2021; : 16 13. _—— Plaintiff Alison Kenady’s Responses to LVMPD’s First Set of Requests for 17 Production of Documents dated May 13, 2021; 18 14. Plaintiff Tenisha Martin’s Responses to LVMPD’s First Set of Requests for 19 Production of Documents dated May 13, 2021; 20 15. Plaintiff Gabriela Molina’s Responses to LVMPD’s First Set of Requests 21 for Production of Documents dated May 13, 2021; 22 16. — Plaintiff Lance Downes-Covington’s First Set of Interrogatories to LVMPD 23 dated June 2, 2021; 24 17. Plaintiffs’ First Set of Requests for Production of Documents to LVMPD 25 dated June 2, 2021; 26 18. — Plaintiff Emily Driscoll’s First Set of Interrogatories to LVMPD dated July 1, 2021; 28 1 19.‘ Plaintiffs’ First Supplement to Initial Disclosure of Witnesses and 2 Documents Pursuant to FRCP 26.1(a)(1) dated July 1, 2021; 3 20. Plaintiffs’ Second Supplement to Initial Disclosure of Witnesses and 4 Documents Pursuant to FRCP 26.1(a)(1) dated July 8, 2021; 5 21. ‘Plaintiffs’ Third Supplement to Initial Disclosure of Witnesses and 6 Documents Pursuant to FRCP 26.1(a)(1) dated July 12, 2021; 22. Plaintiff Soldadera Sanchez’s Supplemental Responses to LVMPD’s First Set of Interrogatories dated July 8, 2021; ° 23. Plaintiff Robert O’Brien’s Supplemental Responses to LVMPD’s First Set of Interrogatories dated July 8, 2021; 24. Plaintiff Emily Driscoll’s Supplemental Responses to LVMPD’s First Set - 2B of Interrogatories dated July 8, 2021; Bs 14 25. Plaintiff Alison Kenady’s Supplemental Responses to LVMPD’s First Set 15 of Interrogatories dated July 8, 2021; ae 16 26. Plaintiff Tenisha Martin’s Supplemental Responses to LVMPD’s First Set 17 of Interrogatories dated June 8, 2021; 18 27. Plaintiff Soldadera Sanchez’s Supplemental Responses to LVMPD’s First 19 Set of Requests for Production of Documents dated July 8, 2021; 20 28. Plaintiff Robert O’Brien’s Supplemental Responses to LVMPD’s First Set 21 of Requests for Production of Documents dated July 8, 2021; 22 29. Plaintiff Emily Driscoll’s Supplemental Responses to LVMPD’s First Set 23 of Requests for Production of Documents dated July 8, 2021; 24 30. Plaintiff Alison Kenady’s Supplemental Responses to LVMPD’s First Set 25 of Requests for Production of Documents dated July 8, 2021; 26 31. Plaintiff Tenisha Martin’s Supplemental Responses to LVMPD’s First Set of Requests for Production of Documents dated July 8, 2021; 1 32. Plaintiff Gabriela Molina’s Supplemental Responses to LVMPD’s First Set 2 of Requests for Production of Documents dated July 8, 2021; 3 33. Plaintiff Gabriela Molina’s Second Supplemental Responses to LVMPD’s 4 First Set of Requests for Production of Documents dated July 12, 2021; 5 34. Plaintiff Lance Downes-Covington’s Supplemental Responses to 6 LVMPD’s First Set of Requests for Production of Documents dated July 12, 2021; 35. Plaintiff Gabriela Molina’s Supplemental Responses to LVMPD’s First Set of Interrogatories dated July 12, 2021; ° 36. Plaintiff Lance Downes-Covington’s Supplemental Responses to LVMPD’s First Set of Interrogatories dated July 12, 2021; 37. Plaintiff Tenisha Martin’s First Set of Interrogatories to LVMPD dated July 13, 2021; 5 2 14 38. Plaintiffs’ Second Set of Requests for Production of Documents to LVMPD 15 dated July 13, 2021; ae 16 39. Plaintiff Tenisha Martin’s Second Set of Interrogatories to LVMPD dated 17 July 14, 2021; 18 40. Plaintiffs’ Third Set of Requests for Production of Documents to LVMPD 19 dated July 14, 2021; 20 41. Plaintiffs’ Fourth Supplement to Initial Disclosure of Witnesses and 21 Documents Pursuant to FRCP 26.1(a)(1) dated September 15, 2021; 22 42. Plaintiff Tenisha Martin’s Third Set of Interrogatories to LVMPD dated 23 September 15, 2021; 24 43. Plaintiffs’ Fourth Set of Requests for Production of Documents to LVMPD 25 dated September 15, 2021; 26 44. Plaintiffs’ First Set of Requests for Admission to LVMPD dated September 17, 2021; 28 1 45. Tenisha Martin’s Responses to Lt. Kurt McKenzie’s First Set of 2 Interrogatories dated December 16, 2021; 3 46. Soldadera Sanchez’s Responses to Lt. Kurt McKenzie’s First Set of 4 Interrogatories dated December 16, 2021; 5 47. Robert O’ Brien’s Responses to Lt. Kurt McKenzie’s First Set of 6 Interrogatories dated December 16, 2021; 48. | Lance Downes-Covington’s Responses to Lt. Kurt McKenzie’s First Set of 8 Interrogatories dated December 16, 2021; ° 49. Gabriela Molina’s Responses to Lt. Kurt McKenzie’s First Set of Interrogatories dated December 16, 2021; 50. Emily Driscoll’s Responses to Lt. Kurt McKenzie’s First Set of - 2B Interrogatories dated December 16, 2021; Bs 14 51. Alison Kenady’s Responses to Lt. Kurt McKenzie’s First Set of 15 Interrogatories dated December 16, 2021; ae 16 52. Tenisha Martin’s Responses to LVMPD’s First Set of Requests for 17 Admissions dated December 16, 2021; 18 53. Soldadera Sanchez’s Responses to LVMPD’s First Set of Requests for 19 Admissions dated December 16, 2021; 20 54. Robert O’Brien’s Responses to LVMPD’s First Set of Requests for 21 Admissions dated December 16, 2021; 22 55. Lance Downes-Covington’s Responses to LVMPD’s First Set of Requests 23 for Admissions dated December 16, 2021; 24 56. Gabriela Molina’s Responses to LVMPD’s First Set of Requests for 25 Admissions dated December 16, 2021; 26 57. Emily Driscoll’s Responses to LVMPD’s First Set of Requests for a Admissions dated December 16, 2021; 28 1 58. Alison Kenady’s Responses to LVMPD’s First Set of Requests for 2 Admissions dated December 16, 2021; 3 59. Alison Kenady’s First Set of Interrogatories to LVMPD dated April 1, 2022; 4 60. Emily Driscoll’s Second Set of Interrogatories to LVMPD dated April 1, 2022; 6 61. Gabriella Molina’s First Set of Interrogatories to LVMPD dated April 1, 2022; 62. | Lance Downes-Covington’s Second Set of Interrogatories to LVMPD dated ° April 1, 2022; 10 63. Plaintiffs’ Fifth Set of Requests for Production of Documents to LVMPD dated April 1, 2022; - 2B 64. Robert O’Brien’s First Set of Interrogatories to LVMPD dated April 1, | 2022 15 65. Plaintiffs’ Second Set of Requests for Admissions to LVMPD dated April 16 1, 2022; 17 66. Sol Sanchez’s First Set of Interrogatories to LVMPD dated April 1, 2022; 18 67. Plaintiffs’ First Set of Requests for Production of Documents to Defendant 19 Joe Lombardo [Request Nos. 1-5] dated June 17, 2022; 20 68. Plaintiffs’ First Set of Requests for Admissions to Defendant Tabatha 21 Dickson dated June 17, 2022; 22 69. Plaintiffs’ First Set of Requests for Production of Documents to Defendant 23 Joe Lombardo [Request Nos. 1-4] dated June 17, 2022; 24 70. Soldadera Sanchez’s Second Set of Interrogatories to LVMPD dated June 2 17, 2022; 26 71. — Robert O’Brien’s Second Set of Interrogatories to LVMPD dated June 17, 2022; 28 1 72. Emily Driscoll’s Third Set of Interrogatories to LVMPD dated June 17, 2022; 3 73. Lance Downes-Covington’s Third Set of Interrogatories to LVMPD dated 41) June 17, 2022; 5 74. Plaintiffs’ Sixth Set of Requests for Production of Documents to LVMPD 6 dated June 17, 2022; 75. Plaintiffs’ Third Set of Requests for Admissions to LVMPD dated June 17, 2022; ° 76. Tenisha Martin’s Fourth Set of Interrogatories to LVMPD dated June 17, 2022; 1] 77. | Lance Downes-Covington’s First Set of Interrogatories to Officer Tabatha - 2B Dickson dated June 17, 2022; 14 78. Soldadera Sanchez’s First Set of Interrogatories to Joe Lombardo dated 15 June 17, 2022; : : 16 79. Soldadera Sanchez’s First Set of Interrogatories to Lt. Kurt McKenzie dated 17 June 17, 2022; 18 80. Plaintiffs’ First Set of Requests for Production of Documents to Defendant 19 Patricia Spencer dated June 17, 2022; 20 81. Plaintiffs’ First Set of Requests for Production of Documents to Defendant 21 Dori Koren dated June 17, 2022; 22 82. Plaintiffs’ First Set of Requests for Production of Documents to Joe 23 Lombardo [Request No. 1] dated June 17, 2022; 24 83. Plaintiffs’ First Set of Requests for Production of Documents to Lt. Kurt 25 McKenzie dated June 17, 2022; 26 84. Tenisha Martin’s First Set of Interrogatories to Lt. Kurk McKenzie dated a June 17, 2022; 28 1 85. Plaintiffs’ Third Set of Requests for Admissions to LVMPD dated June 21, 2022; 3 86. Plaintiffs’ Sixth Set of Requests for Production of Documents to LVMPD dated June 21, 2022; 5 87. | Emily Driscoll’s Third Set of Interrogatories to LVMPD dated June 21, 6 2022; 88. | Lance Downes-Covington’s Third Set of Interrogatories to LVMPD dated 8 June 21, 2022; ° 89. Robert O’Brien’s Second Set of Interrogatories to LVMPD dated June 21, 2022; 1] 90. Soldadera Sanchez’s First Set of Interrogatories to Lt. Kurt McKenzie dated B June 21, 2022; 14 91. Soldadera Sanchez’s First Set of Interrogatories to Joe Lombardo dated 15 June 21, 2022; 16 92. Soldadera Sanchez’s Second Set of Interrogatories to LVMPD dated June 17 21, 2022; 18 93. Plaintiffs’ First Set of Requests for Admissions to Officer Tabatha Dickson 19 dated June 21, 2022; 20 94. ‘Plaintiffs’ First Set of Requests for Production of Documents to Joe 21 Lombardo [Request Nos. 1-5] dated June 21, 2022; 22 95. Plaintiffs’ First Set of Requests for Production of Documents to Lt. Kurt 23 McKenzie dated June 21, 2022; 24 96. Plaintiffs’ First Set of Requests for Production of Documents to Officer 25 Tabatha Dickson dated June 21, 2022; 26 97. Plaintiffs’ First Set of Requests for Production of Documents to Patricia a Spencer dated June 21, 2022; 28 1 98. Plaintiffs’ First Set of Requests for Production of Documents to Captain 2 Dori Koren dated June 21, 2022; 3 99. Lance Downes-Covington’s First Set of Interrogatories to Officer Tabatha 4 Dickson dated June 21, 2022; 5 100. Tenisha Martin’s First Set of Interrogatories to Lt. Kurt McKenzie dated 6 June 21, 2022; 101. Tenisha Martin’s Fourth Set of Interrogatories to LVMPD dated June 21, 2022; ° 102. Plaintiff Emily Driscoll’s Requests for Admissions to LVMPD - Set One dated October 27, 2022. 103. Plaintiff Emily Driscoll’s Interrogatories to LVMPD - Set Four dated - 2B October 27, 2022. 14 104. Plaintiff Emily Driscoll’s Interrogatories to Tabatha Dickson - Set One 15 dated October 27, 2022. ae 16 105. Plaintiff Emily Driscoll’s Requests for Production of Documents to 17 LVMPD - Set One dated October 27, 2022. 18 106. Plaintiff Emily Driscoll’s Requests for Production of Documents to Tabatha 19 Dickson - Set One dated October 27, 2022. 20 107. Plaintiff Emily Driscoll’s Requests for Admissions to Tabatha Dickson - 21 Set One dated October 27, 2022. 22 108. Plaintiff Gabriela Molina’s Interrogatories to LVMPD - Set Two dated 231! October 27, 2022. 24 109. Plaintiff Gabriela Molina’s Interrogatories to Tabatha Dickson - Set One 25 dated October 27, 2022. 26 110. Plaintiff Gabriela Molina’s Requests for Production of Documents to a LVMPD - Set One dated October 27, 2022. 28 10 1 111. Plaintiff Gabriela Molina’s Requests for Production of Documents to 2 Tabatha Dickson - Set One dated October 27, 2022. 3 112. Plaintiff Gabriela Molina’s Requests for Admissions to LVMPD - Set One dated October 27, 2022. 5 113. Plaintiff Gabriela Molina’s Requests for Admissions to Tabatha Dickson - 6 Set One dated October 27, 2022. 114. Plaintiff Lance Downes-Covington’s Interrogatories to LVMPD - Set Four 8 dated October 27, 2022. ° 115. Plaintiff Lance Downes-Covington’s Interrogatories to Tabatha Dickson - Set Two dated October 27, 2022. 116. Plaintiff Lance Downes-Covington’s Interrogatories to Jordan Turner - Set - 2B One dated October 27, 2022. 5 14 117. Plaintiff Lance Downes-Covington’s Requests for Production of 15 Documents to LVMPD - Set One dated October 27, 2022. 16 118. Plaintiff Lance Downes-Covington’s Requests for Production of 17 Documents to Tabatha Dickson - Set One dated October 27, 2022. 18 119. Plaintiff Lance Downes-Covington’s Requests for Production of 19 Documents to Jordan Turner - Set One dated October 27, 2022. 20 120. Plaintiff Lance Downes-Covington’s Requests for Admissions to LYMPD 21 - Set One dated October 27, 2022. 22 121. Plaintiff Lance Downes-Covington’s Requests for Admissions to Tabatha 23 Dickson - Set One dated October 27, 2022. 24 122. Plaintiff Lance Downes-Covington’s Requests for Admissions to Jordan 25 Turner - Set One dated October 27, 2022. 26 123. Soldadera Sanchez’s Requests for Production of Documents to LVMPD - a Set One dated November 7, 2022. 28 1] 1 124. Soldadera Sanchez’s Requests for Admissions to LVMPD - Set One dated 2 November 7, 2022. 3 125. Robert O’Brien’s Interrogatories to LVMPD - Set One dated November 7, 41} 2022. 5 126. Robert O’Brien’s Requests for Production of Documents to LVMPD - Set 6 One dated November 7, 2022. 127. Robert O’Brien’s Requests for Admissions to LVMPD - Set One dated 8 November 7, 2022. ° 128. Alison Kenady’s Interrogatories to LVMPD - Set Two dated November 7, 2022. 1] 129. Alison Kenady’s Requests for Production of Documents to LVMPD - Set - 2B One dated November 7, 2022. 5 14 130. Alison Kenady’s Requests for Admissions to LVMPD - Set One dated 15 November 7, 2022. ae 16 131. Tenisha Martin’s Requests for Production of Documents to LVMPD - Set 17 One dated November 7, 2022. 18 132. Tenisha Martin’s Requests for Admissions to LVMPD - Set One dated 19 November 7, 2022. 20 133. Plaintiffs’ Fifth Supplement to Initial Disclosure of Witnesses and 21 Documents Pursuant to FRCP 26.1(a)(1) dated January 4, 2023; 22 134. Plaintiffs’ Sixth Supplement to Initial Disclosure of Witnesses and 23 Documents Pursuant to FRCP 26.1(a)(1) dated January 20, 2023. 24 135. Tenisha Martin’s Requests for Production of Documents to LVMPD - Set 25 Two, dated January 17, 2023. 26 136. Tenisha Martin’s Requests for Production of Documents to LVMPD - Set a Three, dated April 18, 2023. 28 12 1 137. Plaintiff Lance Downes-Covington’s Requests for Production to LVMPD - Set Two dated May 16, 2023. 3 138. Plaintiff Gabriela Molina’s Requests for Admissions to LVMPD - Set Two dated June 14, 2023. ° B. DEFENDANTS’ DISCOVERY. 1. LVMPD Defendants’ Initial Disclosure of Witnesses and Documents g Pursuant to FRCP 26.1(a)(1) dated January 20, 2021. 9 2. LVMPD’s First Set of Interrogatories to Plaintiff Lance Downes-Covington 10 dated March 12, 2021. 11 3. LVMPD’s First Set of Interrogatories to Plaintiff Soldadera Sanchez dated 12 March 12, 2021. 13 4. LVMPD’s First Set of Interrogatories to Plaintiff Robert O’Brien dated | March 12, 2021. 15 5. LVMPD’s First Set of Interrogatories to Plaintiff Emily Driscoll dated March 12, 2021. 17 6. LVMPD’s First Set of Interrogatories to Plaintiff Alison Kenady dated ]) March 12, 2021. 19 7. LVMPD’s First Set of Interrogatories to Plaintiff Tenisha Martin dated 20 March 12, 2021. 21 8. LVMPD’s First Set of Interrogatories to Plaintiff Gabriela Molina dated 22 March 12, 2021. °° 9. LVMPD’s First Set of Request for Production of Documents to Plaintiff Lance Downes-Covington dated March 12, 2021. 10. LVMPD’s First Set of Request for Production of Documents to Plaintiff Soldadera Sanchez dated March 12, 2021. 28 13 1 11. ©LVMPD’s First Set of Request for Production of Documents to Plaintiff 2 Robert O’Brien dated March 12, 2021. 3 12. LVMPD’s First Set of Request for Production of Documents to Plaintiff 4 Emily Driscoll dated March 12, 2021. 5 13. LVMPD’s First Set of Request for Production of Documents to Plaintiff 6 Alison Kenady dated March 12, 2021. 14. |LVMPD’s First Set of Request for Production of Documents to Plaintiff 8 Tenisha Martin dated March 12, 2021. ° 15. LVMPD’s First Set of Request for Production of Documents to Plaintiff Gabriela Molina dated March 12, 2021. 16. |LVMPD Defendants’ First Supplement to Initial Disclosures of Witnesses - 2B and Documents Pursuant to FRCP 26.1(a)(1) dated July 20, 2021. 14 17. LYVMPD’s Answers to Plaintiff Lance Downes-Covington’s First Set of 15 Interrogatories dated July 20, 2021. ae 16 18. | LVMPD’s Responses to Plaintiffs’ First Set of Requests for Production of 17 Documents dated July 20, 2021. 18 19. LVMPD’s Responses to Plaintiff Emily Driscoll’s First Set of 19 Interrogatories dated August 3, 2021. 20 20. | LVMPD’s Supplemental Answers to Plaintiff Lance Downes-Covington’s 21 First Set of Interrogatories dated August 3, 2021. 22 21. | LVMPD’s Supplemental Responses to Plaintiffs’ First Set of Requests for 23 Production of Documents dated August 3, 2021. 24 22. §LVMPD Defendants’ Second Supplement to Initial Disclosures of 25 Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated August 4, 2021. 26 23. | LVMPD?’s Supplemental Answers to Plaintiff Lance Downes-Covington’s a First Set of Interrogatories dated August 9, 2021. 28 14 1 24. | LVMPD Defendants’ Third Supplement to Initial Disclosures of Witnesses 2 and Documents Pursuant to FRCP 26.1(a)(1) dated August 16, 2021. 3 25. LVMPD’s Responses to Plaintiff Tenisha Martin’s First Set of 4 Interrogatories dated August 16, 2021. 5 26. LVMPD’s Responses to Plaintiff Tenisha Martin’s Second Set of 6 Interrogatories dated August 16, 2021. 27. | LVMPD’s Responses to Plaintiffs’ Third Set of Requests for Production Documents dated August 16, 2021. ° 28. | LVMPD’s Responses to Plaintiffs’ Second Set of Requests for Production of Documents dated August 30, 2021. 29. LVMPD’s Responses to Plaintiff Tenisha Martin’s Second Set of - 2B Interrogatories dated August 30, 2021. 5 14 30. LVMPD Defendants’ Fourth Supplement to Initial Disclosures of 15 Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated August 30, 2021. : 16 31. | LVMPD Defendants’ Privilege Log dated August 30, 2021. 17 32. | LVMPD’s Amended Responses to Plaintiffs’ Third Set of Requests for 18 Production of Documents dated September 13, 2021. 19 33. | LVMPD’s Amended Responses to Plaintiffs’ Second Set of Requests for 20 Production of Documents dated September 13, 2021. 21 34. | LVMPD’s Amended Responses to Plaintiff Tenisha Martin’s Second Set of 22 Interrogatories dated September 13, 2021. 23 35. | LVMPD’s Amended Responses to Plaintiff Emily Driscoll’s First Set of 24 Interrogatories dated September 13, 2021. 2 36. Lt. McKenzie’s First Set of Interrogatories to Plaintiff Lance Downes- 26 Covington dated September 22, 2021. 37. Lt. McKenzie’s First Set of Interrogatories to Plaintiff Soldadera Sanchez 8 dated September 22, 2021. 15 1 38. Lt. McKenzie’s First Set of Interrogatories to Plaintiff Robert O’ Brien dated September 22, 2021. 3 39. Lt. McKenzie’s First Set of Interrogatories to Plaintiff Emily Driscoll dated September 22, 2021. 5 40. Lt. McKenzie’s First Set of Interrogatories to Plaintiff Alison Kenady dated 6 September 22, 2021. 41. Lt. McKenzie’s First Set of Interrogatories to Plaintiff Tenisha Martin dated September 22, 2021. ° 42. Lt. McKenzie’s First Set of Interrogatories to Plaintiff Gabriela Molina dated September 22, 2021. 43. | LVMPD’s First Set of Requests for Admission to Plaintiff Lance Downes- - 2B Covington dated September 22, 2021. 5 14 44. LVMPD’s First Set of Requests for Admission to Plaintiff Soldadera 15 Sanchez dated September 22, 2021. 16 45. LVMPD’s First Set of Requests for Admission to Plaintiff Robert O’Brien 17 dated September 22, 2021. 18 46. LVMPD’s First Set of Requests for Admission to Plaintiff Emily Driscoll 19 dated September 22, 2021. 20 47. LVMPD’s First Set of Requests for Admission to Plaintiff Alison Kenady 21 dated September 22, 2021. 22 48. LVMPD’s First Set of Requests for Admission to Plaintiff Tenisha Martin 23 dated September 22, 2021. 24 49. LVMPD’s First Set of Requests for Admission to Plaintiff Gabriela Molina 25 dated September 22, 2021. 26 50. | LVMPD Defendants’ Fifth Supplement to Initial Disclosures of Witnesses and Documents Pursuant to FRCP 26.1(a)(1) dated October 11, 2021. 16 1 51. | LVMPD’s Responses to Plaintiffs’ Fourth Set of Requests for Production 2 of Documents dated October 18, 2021. 3 52. LVMPD’s Responses to Plaintiff Tenisha Martin’s Third Set of 4 Interrogatories dated October 18, 2021. 5 53. | LVMPD’s Responses to Plaintiffs’ First Set of Requests Admission dated 6 October 20, 2021. 54. | LVMPD’s Answers to Plaintiff Lance Downes-Covington’s Second Set of Interrogatories dated May 5, 2022. ° 55. | LVMPD’s Answers to Plaintiff Alison Kenady’s First Set of Interrogatories dated May 5, 2022. 56. LVMPD’s Answers to Plaintiff Robert O’Brien’s First Set of - 2B Interrogatories dated May 5, 2022. 14 57. | LVMPD’s Answers to Plaintiff Sol Sanchez’s First Set of Interrogatories 15 dated May 5, 2022. 16 58. | LVMPD’s Responses to Plaintiffs’ Fifth Set of Requests for Production of 17 Documents dated May 5, 2022. 18 59. LVMPD’s Answers to Plaintiff Emily Driscoll’s Second Set of 19 Interrogatories dated May 5, 2022. 20 60. LVYMPD’s Answers to Plaintiff Gabriella Molina’s First Set of 21 Interrogatories dated May 5, 2022. 22 61. | LVMPD’s Responses to Plaintiffs’ Second Set of Requests for Admissions dated May 5, 2022. 24 62. LVMPD’s Second Supplemental Answers to Plaintiff Lance Downes- 25 Covington’s First Set of Interrogatories dated June 24, 2022. 26 63. LVMPD’s First Supplemental Responses to Plaintiffs’ Second Set of Requests for Production of Documents dated June 24, 2022. 17 1 64. LVMPD’s First Supplemental Answers to Plaintiff Tenisha Martin’s 2 Second Set of Interrogatories dated June 24, 2022. 3 65. |LVMPD’s Second Supplemental Responses to Plaintiffs’ First Set of 4 Requests for Production of Documents dated June 24, 2022. 5 66. Lt. Kurt McKenzie’s Answers to Soldadera Sanchez’s First Set of 6 Interrogatories dated August 8, 2022. 67. Lt. Kurt McKenzie’s Answers to Tenisha Martin’s First Set of Interrogatories dated August 8, 2022. ° 68. Lt. Kurt McKenzie’s Responses to Plaintiffs’ First Set of Requests for Production of Documents dated August 8, 2022. 69. Patricia Spencer’s Responses to Plaintiffs’ First Set of Requests for - 2B Production of Documents dated August 8, 2022. 14 70. Tabatha Dickson’s Responses to Plaintiffs’ First Set of Requests for 15 Admissions dated August 8, 2022. ae 16 71. Tabatha Dickson’s Answers to Lance Downes-Covington’s First Set □□ 17 Interrogatories dated August 8, 2022. 18 72. | LVMPD’s Responses to Plaintiffs’ Third Set of Requests for Admissions 19 dated August 8, 2022. 20 73. | LVMPD’s Answers to Lance Downes-Covington’s Third Set of 21 Interrogatories dated August 8, 2022. 22 74. | LVMPD’s Answers to Soldadera Sanchez’s Second Set of Interrogatories 23 dated August 8, 2022. 24 75. Captain Dori Koren’s Responses to Plaintiffs’ First Set of Requests for 25 Production of Documents dated August 8, 2022. 26 76. Tabatha Dickson’s Responses to Plaintiffs’ First Set of Requests for a Production of Documents dated August 8, 2022. 28 18 1 77. | LVMPD’s Answers to Robert O’Brien’s Second Set of Interrogatories 2 dated August 8, 2022. 3 78. | LVMPD’s Answers to Tenisha Martin’s Fourth Set of Interrogatories dated August 8, 2022. 5 79. | LVMPD’s Responses to Plaintiffs’ Sixth Set of Requests for Production of 6 Documents dated August 8, 2022. 80. | LVMPD’s Answers to Emily Driscoll’s Third Set of Interrogatories dated August 8, 2022. ° 81. □ LVYMPD Defendants’ Sixth Supplemental FRCP 26.1 Disclosures dated August 8, 2022. 82. | LVMPD Defendants’ Seventh Supplemental FRCP 26.1 Disclosures dated - 2B December 6, 2022. 5 14 83. Jordan Turner’s Responses to Lance Downes-Covington’s Requests for 15 Production - Set One, dated December 6, 2022. 16 84. Jordan Turner’s Responses to Lance Downes-Covington’s Requests for 17 Admission - Set One, dated December 6, 2022. 18 85. Jordan Turner’s Responses to Lance Downes-Covington’s Interrogatories - 19 Set One, dated December 6, 2022. 20 86. Jordan Turner’s Responses to Lance Downes-Covington’s Requests for 21 Admission - Set One, dated December 6, 2022. 22 87. Jordan Turner’s Responses to Gabriela Molina’s Requests for Production - 23 Set One, dated December 6, 2022. 24 88. Tabatha Dickson’s Reponses to Lance Downes Covington’s Requests for 25 Production - Set One, dated December 6, 2022. 26 89. Tabatha Dickson’s Responses to Lance Downes-Covington’s a Interrogatories - Set One, dated December 6, 2022. 28 19 1 90. Tabatha Dickson’s Responses to Lance Downes-Covington’s 2 Interrogatories - Set Two, dated December 6, 2022. 3 91. Tabatha Dickson’s Responses to Lance Downes-Covington’s Requests for 4 Admission - Set One, dated December 6, 2022. 5 92. Tabatha Dickson’s Responses to Lance Downes-Covington’s Requests for 6 Production - Set One, dated December 6, 2022. 93. Tabatha Dickson’s Responses to Gabriela Molina’s Interrogatories - Set 8 94. One, dated December 6, 2022. ° 95. Tabatha Dickson’s Responses to Gabriela Molina’s Requests for Admission - Set One, dated December 6, 2022. 96. Tabatha Dickson’s Responses to Gabriela Molina’s Interrogatories - Set - 2B One, dated December 6, 2022. 5 2 14 97. Tabatha Dickson’s Responses to Gabriela Molina’s Requests for Production 15 - Set One, dated December 6, 2022. 16 98. Tabatha Dickson’s Responses to Emily Driscolls’ Requests for Admission 17 - Set One, dated December 6, 2022. 18 99. Tabatha Dickson’s Responses to Emily Driscolls’ Interrogatories - Set One, 19 dated December 6, 2022. 20 100. LYMPD’S Responses to Lance Downes Covington’s Requests for 21 Production - Set One, dated December 6, 2022. 22 101. LVMPD’S Responses to Lance Downes Covington’s Requests for 23 Admission - Set One, dated December 6, 2022. 24 102. LVMPD’S Responses to Lance Downes Covington’s Interrogatories - Set 25 Four, dated December 6, 2022. 26 103. LYMPD’s Responses to Emily Driscolls’ Interrogatories - Set One, dated a December 6, 2022. 28 20 1 104. LVMPD’s Responses to Emily Driscolls’ Interrogatories - Set Four, dated 2 December 6, 2022. 3 105. LYVMPD’s Responses to Emily Driscolls’ Requests for Admission - Set 4 One, dated December 6, 2022. 5 106. LVMPD’s Responses to Emily Driscolls’ Requests for Production - Set 6 One, dated December 6, 2022. 107. _LVMPD’s Responses to Gabriela Molina’s Interrogatories - Set Two, dated 8 108. December 6, 2022. ° 109. LVMPD’s Responses to Gabriela Molina’s Requests for Production- Set One, dated December 6, 2022. 110. LYVMPD’s Responses to Gabriela Molina’s Requests for Admission - Set - 2B One, dated December 6, 2022. 14 111. LVMPD Defendants’ Eighth Supplemental FRCP 26.1 Disclosures dated 15 December 16, 2022. ae 16 112. LVMPD’S Responses to Tenisha Martin’s Requests for Admission - Set 17 One, dated December 19, 2022. 18 113. LVMPD’S Responses to Soldadera Sanchez’s Requests for Admission - Set 19 One, dated December 19, 2022. 20 114. LVMPD’S Responses to Robert O’Brien’s Requests for Admission - Set 21 One, dated December 19, 2022. 22 115. LVMPD’S Responses to Alison Kenady’s Requests for Admission - Set 23 One, dated December 19, 2022. 24 116. LYVMPD’S Responses to Robert O’Brien’s Interrogatories - Set One, dated 25 December 19, 2022. 26 117. LYVMPD’S Responses to Alison Kenady’s Requests for Production - Set a One, dated December 20, 2022. 28 21 1 118. LYVMPD’S Responses to Robert O’Brien’s Requests for Production - Set 2 One, dated December 20, 2022. 3 119. LYVMPD’s Responses to Soldadera Sanchez’ Requests for Production - Set 4 One, dated December 20, 2022. 5 120. LYVMPD’S Responses to Tenisha Martin’s Requests for Production - Set 6 One, dated December 20, 2022. 121. LVYMPD’S Responses to Alison Kenady’s Interrogatories - Set Two, dated January 4, 2023. ° 122. LVMPD’S Responses to Robert O’Brien’s Interrogatories - Set Three, dated January 4, 2023. 123. LVMPD’s Ninth Supplemental Disclosure of Witnesses and Documents - 2B Pursuant to FRCP 26.1(a)(1), dated February 16, 2023. Bs 14 124. LVMPD’s First Supplemental Answers to Plaintiff Robert O’Brien’s First 15 Set of Interrogatories, dated February 16, 2023. ae 16 125. LVMPD’s First Supplemental Answers to Plaintiff Soldadera Sanchez’s 17 Second Set of Interrogatories, dated February 16, 2023. 18 126. LVMPD’s Third Supplemental Responses to Plaintiffs’ First Set of 19 Requests for Production of Documents, dated February 16, 2023. 20 127. LVMPD’s Second Supplemental Responses to Plaintiff's Second Set of 21 Requests for Production of Documents, dated February 16, 2023. 22 128. LVMPD’s First Supplemental Responses to Plaintiffs’ Sixth Set of 23 Requests for Production of Documents, dated February 16, 2023. 24 129. LVMPD’S Responses to Plaintiff Tenisha Martin’s Requests for Production 25 of Documents - Set One [sic Set Two], dated February 16, 2023. 26 130. LYVMPD’s Tenth Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1), dated February 24, 2023. 22 1 131. LVMPD’s Responses to Tenisha Martin’s Requests for Production of 2 Documents - Set Three dated May 22, 2023. 3 132. LVMPD’s Responses to Gabriela Molina’s Requests for Admissions - Set Two dated July 17, 2023. 5 133. LVMPD’s Responses to Lance Downes-Covington’s Requests for 6 Production of Documents - Set Two dated July 17, 2023. 134. LVMPD’s Eleventh Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1(a)(1), dated July 17, 2023. C. DEPOSITIONS. 11 135. LYVMPD Defendants deposed Plaintiff Alison Kenady on August 9, 2022. 12 136. LYVMPD Defendants deposed Plaintiff Gabriela Molina on August 10, s 13 2022. : : : 14 137. LYVMPD Defendants deposed Plaintiff Emily Driscoll on August 11, 2022. i ge: 15 138. LYMPD Defendants deposed Plaintiff Tenisha Martin on August 16, 2022. 16 139. LVMPD Defendants deposed Plaintiff Lance Downes-Covington on 17 August 19, 2022. 18 140. LYVMPD Defendants deposed Plaintiff Soldadera Sanchez on August 20, 9022. 20 141. Plaintiffs deposed Defendant Officer Jordan Turner on October 18, 2022. 71 142. Plaintiffs deposed Defendant Officer Tabatha Dickson on October 24, 2022. 2 143. Plaintiffs deposed Defendant Officer Evan Spoon on November 7, 2022. °° 144. Plaintiffs deposed Defendant Retired Captain Patricia Spencer on November 15, 2022. 25 145. Plaintiffs deposed Defendant Captain Dori Koren on November 22, 2022. 146. Plaintiffs deposed Defendant Lt. Kurt McKenzie on December 21, 2022. 28 147. LVMPD Defendants deposed Plaintiff Robert O’Brien on March 24, 2023. 23 1 148. Plaintiffs deposed LVMPD Defendants’ FRCP 30(b)(6) designee(s) - Lt. 2 Landon Reyes on June 20, 2023. 3 149. ‘Plaintiffs will be deposing Defendants’ FRCP 30(b)(6) designee Dori 4 Koren) in January 2024. 5 150. Plaintiffs took volume one of Defendants’ FRCP 30(b)(6) designee John 6 McGrath on November 16, 2023, and volume two will take place in January 2024. 151. Plaintiffs’ Deposition Subpoena to Las Vegas Justice Court per FRCP 30(b)(6) for records related to Defendants’ citations and arrests during the 2020 BLM ° Protests. 10 152. Plaintiffs’ Deposition Subpoena to Las Vegas Municipal Court per FRCP 30(b)(6) for records related to Defendants’ citations and arrests during the 2020 BLM B Protests. 14 Il. DISCOVERY THAT REMAINS TO BE COMPLETED. 15 The Parties are actively conducting discovery and have completed the majority of : 16 | |the written discovery and depositions. However, the Parties are continuing to meet and confer 17| Jon outstanding discovery issues including, but not limited to (1) Plaintiffs’ deposition 18 subpoenas to Justice Court and Municipal Court and (2) Defendants’ deficient discovery 19 | |responses, 20 The Parties’ primary remaining discovery tasks include: (1) Plaintiffs have 21 subpoenaed records from the Las Vegas Municipal Court and Las Vegas Justice Court for 22 | | documents concerning Defendant’s misdemeanor citations and arrests during the BLM 23 | |Protests in 2020 and are in the process of obtaining records related to the same; (2) resolution meet and confer issues and motion practice if needed; (3) Plaintiffs’ deposition of 25 Defendant Las Vegas Metropolitan Police Department’s FRCP 30(b)(6) designee(s); (4) 26 expert disclosures; (5) rebuttal reports; and (6) depositions of the experts. 27 28 24 1 Il. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY. 2 This is the thirteenth request for an extension of discovery deadlines in this matter. 3 | |The Parties request that the Discovery Plan and Scheduling Order deadlines be extended an 4 | |additional ninety (90) days so that the Parties may complete the tasks above and efficiently 5 | |manage expert disclosures. This involves waiting for deposition transcripts requiring 6 | expert review and analysis. 7 The Parties acknowledge that, pursuant to Local Rule 26-3, the Parties must 8 | jestablish that good cause exists to extend the deadlines. 9 The Parties have been diligently conducting discovery and continue to conduct 10 | |discovery, but an extension is still needed to efficiently conclude discovery and manage the 11 | |case. 12 Additionally, the parties are continuing to meet and confer with Defendants’ 13 | |counsel regarding the FRCP 30(b)(6) deposition and subpoenas. Meet and confer efforts are 2 14 | |ongoing. Plaintiffs have also brought a Motion for Sanctions regarding the failure to activate 15 | |BWCs, preserve BWC video footage, and/or produce BWC video footage. The Parties a 16 agree that supplemental briefing is necessary regarding Plaintiffs’ Motion for = 17 Sanctions. Likewise, the experts retained in this matter will also need to review the recent 18 discovery responses, Defendants’ supplemental responses (if any), information and 19 | documents in response to Plaintiffs’ subpoenas to Justice Court and Municipal Court, BWC 20 videos, and all deposition transcripts, including the FRCP 30(b)(6) designees currently | scheduled for in or about October due to the schedule conflicts of counsel and the designees, 22 | Jafter the current deadline for initial expert disclosures. The Parties are working with their 23 respective experts to prepare their expert disclosures. However, as noted, the Parties contend 24 that it is more efficient to allow further discovery to be completed before initial expert 25 disclosures to minimize the need for supplementation. 26 Finally, the Parties together request this in good faith and to further the resolution 27 of this complicated case on the merits, and not for any purpose of delay. 28 25 1 The Parties thus respectfully request an extension of time to enable them to conduct 2 | |necessary discovery and so that this matter is fairly resolved on the merits. “Good cause to 3 | Jextend a discovery deadline exists ‘if it cannot reasonably be met despite the diligence of the 4 party seeking the extension.’” Derosa v. Blood Sys., Inc., No. 2:13-cv-0137-JCM-NJK, 2013 |U.S. Dist. LEXIS 108235, 2013 WL 3975764, at 1 (D. Nev. Aug. 1, 2013) (quoting Johnson 6| |). Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)); see also Fed. R. Civ. P. 7H (providing that the Rules of Civil Procedure “should be construed, administered, and 8 employed by the court and the Parties to secure the just, speedy, and inexpensive ? | \determination of every action and proceeding”). As the procedural history of this case 10 illustrates, the Parties have been diligent in litigating this matter. Significant written i discovery has been exchanged, nearly all depositions are complete, experts are engaged, and counsel continue to meet and confer regarding various topics. Additionally, counsel for the 13 Parties in this matter are litigating several other unrelated matters (including against each other) which have competing demands. While competing demands of litigation are merely one of many reasons for the instant request, it should be noted that the other litigation 16 between the same counsel involving similar issues can only benefit from the completion of discovery in this matter so that in other litigation, similar requests can be expedited and can 8 further the resolution of those matters and the interests of justice. Indeed, counsel for the Parties continue to engage in settlement discussions regarding this and the other matters they “0 are litigating that stem from the BLM protests. 2! Thus, the standards to extend all deadlines, including the expert deadlines, is satisfied here. 23 Based on the foregoing stipulation and proposed deadlines, the Parties thus respectfully request an extension of time to extend the deadlines in this matter to enable to them to conduct necessary discovery and so that this matter is fairly resolved on the merits. /// 38 /// 26 IV. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING l DEADLINES 2 Po Current Deadline Proposed New Deadline 3 Amend Pleadings and Add Past/Unchanged Past/Unchanged 4 Parties Initial Expert Disclosures December 4, 2023 March 5, 2024 5 Rebuttal Expert Disclosures January 9, 2024 April 9, 2024 6 Discovery Cut-Off January 29, 2024 April 29, 2024 Pretrial Order April 5, 2024 July 3, 2024 8 If dispositive motions are filed, 9 the deadline for shall be uspended until thirty (30) days 10 after the decision of the dispositive motions or further 1 order of the Court.) 12 = 13 Based on the foregoing stipulation and proposed deadlines plan, the Parties request _ 8 ninety (90) BS 28 14 | |that the Discovery Plan and Scheduling Order deadlines be extended an additional sextytevy 15 | |days so that the parties may conduct additional discovery, and efficiently manage expert é 16 | |disclosures. = 17 Dated this 1“ day of December, 2023. Dated this 1* day of December, 2023. 18 MCLETCHIE LAW MARQUIS AURBACH 19 By: /s/ Margaret A. McLetchie By: /s/ Jackie V. Nichols Margaret A. McLetchie, Esq. Craig R. Anderson, Esq. 20 Nevada Bar No. 10931 Nevada Bar No. 6882 Pieter M. O’Leary, Esq. Jackie V. Nichols, Esq. 21!) Nevada Bar No. 15297 Nevada Bar No. 14246 02 Leo S. Wolpert, Esq. 10001 Park Run Drive Nevada Bar No. 12658 Las Vegas, Nevada 89145 23 602 South 10th Street Attorneys for Defendants Las Vegas Las Vegas, Nevada 89101 Metropolitan Police Department, 24 Attorneys for Plaintiffs Lieutenant Kurt McKenzie, Officer 25 Tabatha Dickson, Captain Patricia Spencer, Captain Dori Koren, Officer 26 Evan Spoon and Officer Jordan Turner 27 28 27 IT IS THEREFORE ORDERED that the parties’ stipulation (ECF No. 177) is GRANTED 2 3 _ 4th D b IT IS SO ORDERED this day of Vecember , 2023. 5 >