Martinez v. Ventana Development Fund, LLC et al

Filing 116

ORDER granting 113 Motion to Quash Bench Warrant. Signed by Judge Philip M. Pro on 5/24/2010. (Copies have been distributed pursuant to the NEF - SD)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA -oOoPAUL MARTINEZ, Plaintiff, vs. VENTANA DEVELOPMENT FUND, LLC, a Nevada limited liability company; VENTANA DEVELOPMENT, INC., a Nevada corporation; KERRY ROGERS, individually Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2 :07-CV-00565-PMP-GWF ORDER

Before the Court for consideration is Defendant Kerry Rogers' fully briefed Motion to Quash Bench Warrant (Doc. #113), filed on May 14, 2010. The Court finds that Defendant's motion should be granted. Specifically, the bench warrant for Defendant Rogers was issued on January 26, 2009 as a result of his failure to comply with Orders of this Court that he appear at a discovery deposition. Subsequently, the Court granted Plaintiff's Motion to Strike Defendant Rogers' pleadings and entered default judgment against Defendant Rogers. As a result the basis for issuing the original arrest warrant in this case no longer exists and the warrant must be quashed. /// /// ///

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IT IS THEREFORE ORDERED that Defendant Kerry Rogers' Motion to Quash Bench Warrant (Doc. #113) is GRANTED and the bench warrant issued on January 26, 2009 by this Court is hereby quashed. DATED: May 24, 2010.

PHILIP M. PRO United States District Judge

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