The opinion
1 LYSSA S. ANDERSON
Nevada Bar No. 5781
2 KRISTOPHER J. KALKOWSKI
Nevada Bar No. 14892
3 KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
4 Las Vegas, Nevada 89135
Telephone: (702) 792-7000
5 Fax: (702) 796-7181
landerson@kcnvlaw.com
6 kkalkowski@kcnvlaw.com
7 Attorneys for Defendants
Las Vegas Metropolitan Police Department
8 and Dante Tromba
9 UNITED STATES DISTRICT COURT
10 DISTRICT OF NEVADA
11 MARLON LORENZO BROWN , Case No.: 2:17-cv-02396-APG-BNW
12 Plaintiff,
vs. STIPULATION TO STAY DISCOVERY
13
DANTE TROMBA, et al.,
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Defendants.
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16 MARLON BROWN Consolidated Case No.: 2:19-cv-01350-APG-
BNW
17 Plaintiff,
vs.
18
SGT. TROMBA and LAS VEGAS
19 METROPOLITAN POLICE DEPARTMENT,
20 Defendants.
21
22 Defendants Las Vegas Metropolitan Police Department (“LVMPD”) and Dante Tromba
23 (collectively, “LVMPD Defendants”), by and through their counsel, Kaempfer Crowell, and
24 Marlon Lorenzo Brown (“Plaintiff”), by and through his counsel, McAvoy Amaya & Revero,
1 hereby stipulate as follows:
2 1. Discovery shall be stayed until the Court rules on LVMPD Defendants’ Motion to
3 Dismiss, (ECF No. 116), subject to lifting of the stay if the case is not dismissed;
4 2. A stay is necessary because the pending Motion involves issues of immunity and
5 adequacy of pleading allegations, and resolution of the Motion does not require discovery. Pilger
6 v. Mosley, No. 2:18-cv-00854-JAD-PAL, 2018 WL 5268605, at *2 (D. Nev. Oct. 23, 2018)
7 (“The Supreme Court has squarely held that until the threshold issue of immunity is resolved,
8 discovery should not proceed.”). A stay of discovery at this time will align with Fed. R. Civ.
9 Proc. 1, which declares that the Rules “should be construed, administered, and employed by the
10 court and the parties to secure the just, speedy, and inexpensive determination of every action
11 and proceeding.”
12 3. From this same basis, the Court previously granted the parties’ Stipulation to Stay
13 Discovery. (Order, ECF No. 108);
14 4. The discovery stay shall include all discovery previously served but for which no
15 response has been made;
16 5. The parties agree that any responses to any outstanding discovery will be made
17 within fourteen (14) days of the Court’s ruling on the Motion to Dismiss; if necessary;
18 6. The parties will submit a new proposed Discovery Plan to the Court within
19 fourteen (14) days of the Court’s ruling on the Motion to Dismiss and the stay will be lifted. The
20 new discovery plan will include extended deadlines to designate experts, conduct
21 / / /
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24 / / /
1 || discovery, and file dispositive motions.
2 DATED this 23rd day of December, 2022.
3 || KAEMPFER CROWELL McAvoy AMAYA & REVERO
By: —/s/Lyssa 8. Anderson By: _ /s/ Michael J. Mcavoyamaya
5 LYSSA S. ANDERSON MICHAEL J. MCAVOYAMAYA
Nevada Bar No. 5781 Nevada Bar No. 14082
6 Needs J ton TIMOTHY E. REVERO
evada Bar No.
1980 Festival Plaza Drive Nevada Bar No. 14603
7 Suite 650 1100 E. Bridger Ave.
Las Vegas, Nevada 89135 Las Vegas, NV 89101
8 Attorneys for Defendants ,
Las Vegas Metropolitan Police Attorneys for Plaintiff
9 Department and Dante Tromba
10
11 IT IS SO ORDERED.
12 DATED this 27th day of December, 2022.
13
14 Gro Las WO fae,
UNITED STATES MAGISTRATE JUDGE
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CROWELL
Festival Plaza Drive
Suite 650