Opinion
2:20-cv-01790-CDS-DJA
08-23-2023
LANCE DOWNES-COVINGTON, an individual, SOLDADERA SANCHEZ, an individual, ROBERT O'BRIEN, an individual, EMILY DRISCOLL, an individual, ALISON KENADY, an individual, TENISHA MARTIN, an individual, GABRIELA MOLINA, an individual, Plaintiffs, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, in its official capacity; LIEUTENANT KURT MCKENZIE, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; OFFICER TABATHA DICKSON, as an individual and in her capacity as a Las Vegas Metropolitan Police Department Officer; 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 Department Officer; EVAN SPOON, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; JORDAN TURNER, as an individual and in his capacity as a Las Vegas Metropolitan Police Department Officer; UNKNOWN OFFICERS 1-14, as individuals and in their capacity as Las Vegas Metropolitan Police Department Officers, Defendants.
Marquis Aurbach Craig R. Anderson, Esq. Nevada Bar No. 6882 Jackie V. Nichols, Esq. Attorneys for Defendants Las Vegas Metropolitan Police Department, Lieutenant Kurt McKenzie, Officer Tabatha Dickson, Captain Patricia Spencer, Captain Dori Koren, Officer Evan Spoon and Officer Jordan Turner Mcletchie Law Pieter M. O'Leary Margaret A. McLetchie, Esq. Nevada Bar No. 10931 Pieter M. O'Leary, Esq. Attorneys for Plaintiffs.
Marquis Aurbach Craig R. Anderson, Esq. Nevada Bar No. 6882 Jackie V. Nichols, Esq. Attorneys for Defendants Las Vegas Metropolitan Police Department, Lieutenant Kurt McKenzie, Officer Tabatha Dickson, Captain Patricia Spencer, Captain Dori Koren, Officer Evan Spoon and Officer Jordan Turner
Mcletchie Law Pieter M. O'Leary Margaret A. McLetchie, Esq. Nevada Bar No. 10931 Pieter M. O'Leary, Esq. Attorneys for Plaintiffs.
STIPULATION AND ORDER TO EXTEND LVMPD DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR SANCTIONS BASED ON DEFENDANTS' DESTRUCTION OF EVIDENCE (FIRST REQUEST)
DANIEL J. ALBRUGTS UNITED STATES MAGISTRATE JUDGE
Plaintiffs Lance Downes-Covington, Soldadera Sanchez, Robert O'Brien, Emily Driscoll, Alison Kenady, Tenisha Martin, and Gabriela Molina (“Plaintiffs”), by and through their attorneys of record, Margaret A. McLetchie, Esq., Leo S. Wolpert, Esq., and Pieter M. O'Leary, Esq., with the law firm of McLetchie Law and Defendants, the Las Vegas Metropolitan Police Department (the “Department” or “LVMPD”), Lieutenant Kurt McKenzie (“McKenzie”), Officer Tabatha Dickson (“Dickson”), Captain Patricia Spencer (“Spencer”), Captain Dori Koren (“Koren”), Officer Evan Spoon (“Spoon”), and Officer Jordan Turner (“Turner”), collectively (“LVMPD Defendants”), by and through their attorneys of record, Craig R. Anderson, Esq. and Jackie V. Nichols, Esq., with the law firm of Marquis Aurbach, and hereby agree and jointly stipulate the following;
1. Plaintiffs filed their Motion for Sanctions Based on Defendants' Destruction of Evidence on August 1, 2023 [ECF No. 153];
2. Defendants filed their Motion to Extend Opposition to Plaintiff's Motion for Sanctions Based on Defendants' Destruction of Evidence on August 15, 2023 [ECF No. 155];
3. On August 16, 2023, the Court granted Defendants' Motion to Extend Opposition extending the deadline for Defendants' response to August 22, 2023 [ECF No. 156];
4. Counsel for defendants has not had sufficient time to review the motion and prepare a response, and therefore, is unable to meet the deadline of August 22, 2023 currently scheduled for LVMPD Defendants' Opposition to Plaintiffs' Motion for Sanctions Based on Defendants' Destruction of Evidence;
5. The Parties have met and conferred and agreed to a one-day extension for LVMPD Defendants' Opposition to Plaintiffs' Motion for Sanctions Based on Defendants' Destruction of Evidence;
6. Accordingly, the deadline for LVMPD Defendants' Opposition to Plaintiffs' Motion for Sanctions Based on Defendants' Destruction of Evidence, currently due on August 22, 2023, be extended to and including Wednesday, August 23, 2023;
7. This is the Parties' first request to extend the deadline to LVMPD Defendants' Opposition to Plaintiffs' Motion for Sanctions Based on Defendants' Destruction of Evidence; and
8. This Stipulation is being entered in good faith and not for purposes of delay.
IT IS SO STIPULATED.
ORDER
The above Stipulation is hereby GRANTED.
IT IS SO ORDERED.