Charles Allen, et al vs Gregory Damm, et al

Filing 406

ORDER Denying 404 Motion for District Judge to Reconsider Order re 403 Order on Motion. The depositions of Jared Halper and Gregg Damm must take place on or before November 15, 2013. Signed by Judge David A. Ezra on 9/19/13. (Copies have been distributed pursuant to the NEF - MMM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
CHARLES ALLEN, et al.,

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)
Plaintiff,
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v.
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UNITED STATES OF AMERICA, et )
al.,
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Defendants.
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______________________________ )

2:03-CV-1358-DAE-RJJ

ORDER DENYING MOTION FOR RECONSIDERATION
On September 16, 2013, Plaintiff Robert Kahre moved for
reconsideration of this Court’s September 11, 2013 Order (Dkt. # 403) wherein this
Court set the deadline to depose Mr. Halper and Mr. Damm for November 15,
2013. (Dkt. # 404.) Defendants filed a response. (Dkt. # 405.)
Plaintiff’s counsel reasserts her argument that Local Rule 26-1 of the
District of Nevada provides for 180 days until the close of discovery. Local Rule
26-1(e)(1), however, states that “Unless otherwise ordered, discovery periods
longer than one hundred eighty days (180) days from the date the first defendant
answers or appears will require special scheduling review.” D. Nev. R. 26-1(e)(1)
(emphasis added). Contrary to Plaintiff counsel’s assertion, the Rule does not
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mandate a 180-day discovery period.
Although the Court is sympathetic to Plaintiff counsel’s vacation and
trial schedule, the Court emphasizes that the depositions of Mr. Halper and Mr.
Damm have a limited focus. (See Dkt. # 399 at 30–31 (“Plaintiff may depose
Damm and Halper for the very limited purpose of determining whether they
directed the property destruction that occurred during the execution of the search
warrant at 6270 Kimberly Avenue.”))
Given the ten-year history of this case, counsel should have extreme
familiarity with the issues involved in Plaintiff’s sole-remaining claim and, as
such, the depositions should not entail extensive preparation. Further, counsel has
had ample notice of the depositions.
Because the court denied the government’s Motion to Quash and
Motion for a Protective Order, (Dkt. # 347), on October 26, 2012, further delay
might prejudice Defendants.
Therefore, Plaintiff’s Motion for Reconsideration is DENIED. The
depositions of Jared Halper and Gregg Damm must take place on or before
November 15, 2013.

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IT IS SO ORDERED.
DATED: Las Vegas, Nevada, September 19, 2013.

_____________________________________
David Alan Ezra
Senior United States Distict Judge

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