Opinion
2:17-cv-1704-APG-NJK
10-12-2022
CHARLES MOSER, Plaintiff, v. DEVIN BALLARD, an individual, LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Defendants.
LAW OFFICE OF DANIEL MARKS Adam Levine, Esq. Daniel Marks, Esq. Nevada Bar No. 2003 Adam Levine, Esq. Nevada Bar No. 4673 Attorneys for Plaintiff Charles Moser MARQUIS AURBACH Jackie V. Nichols, Esq. Nick D. Crosby, Esq. Nevada Bar No. 8996 Jackie V. Nichols, Esq. Nevada Bar No. 14246 Attorneys for Defendants, L VMPD Devin Ballard and Patrick Neville
LAW OFFICE OF DANIEL MARKS
Adam Levine, Esq.
Daniel Marks, Esq.
Nevada Bar No. 2003
Adam Levine, Esq.
Nevada Bar No. 4673
Attorneys for Plaintiff Charles Moser
MARQUIS AURBACH
Jackie V. Nichols, Esq.
Nick D. Crosby, Esq.
Nevada Bar No. 8996
Jackie V. Nichols, Esq.
Nevada Bar No. 14246
Attorneys for Defendants, L VMPD
Devin Ballard and Patrick Neville
STIPULATION AND ORDER TO CONTINUE TRIAL
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Charles Moser and Defendants Devin Ballard and Las Vegas Metropolitan Police Department ("Defendants”) by and through their undersigned counsel to continue the Trial Date set in this case for September 26, 2022.
Since the trial of this matter was continued to the week of November 14, 2022, there have been a number of developments for counsel of both parties such that the parties are requesting that the trial of this matter be continued until sometime in March or April 2023.
In the case of Plaintiff's counsel, three public sector unions have reached impasse with Clark County for wage reopening and/or new collective bargaining agreements - the Clark County Prosecutors Association (CCPA), the Clark County District Attorney Investigators Association (DAIA) and the Clark County Defender's Union (CCDU). While Plaintiffs counsel made himself available for statutory fact finding under NRS 288.200 in September or October, counsel for Clark County had no availability earlier than November. Fact finding for the CCPA is scheduled for November 8, 2022 and for CCDU November 29, 2022. Plaintiffs counsel and counsel for Clark County are currently looking at dates in November for the DAIA as well, subject to the fact finder's (arbitrator) availability.
Additionally, Plaintiffs counsel is the General Counsel for Fraternal Order of Police Nevada C.O. Lodge 21, which now has majority support amongst the 1270 Category III peace officers employed by the State of Nevada. Under state law, there is a window of 50 days to file for representation election against the incumbent union (AFSCME Local 4041). That window just opened, and the election request was filed with the EMRB on October 4, 2022. Based upon the scheduling of Board Meetings for the State of Nevada Government Employee Management Relations Board (EMRB), it is anticipated that the EMRB will be conducting the representation election during the week of November 14, 2022. Obviously, Plaintiffs counsel will need to be available and involved in connection with this critically important representation election.
In the case of Defendant's counsel, in the matter of Lance Downes-Covington v. Las Vegas Metropolitan Police Department, Case No.: 2:20-cv-01790-CDS-DJA, there are several depositions currently scheduled, including two depositions that are scheduled the week of November 14, 2022.
This is the second request for a continuance of the trial in this case. Counsel have consulted with their calendars and neither counsel have any commitments in March or April of 2023 which cannot otherwise be moved or continued to accommodate a trial in this matter.
ORDER
IT IS SO ORDERED that the trial date set for November 14, 2022 in this matter is VACATED and reset for March 13, 2023 at 9:00 a.m. Calendar call is continued to March 7, 2023 at 9:00 a.m. in Courtroom 6C.