Jones v. Neven et al

Filing 176

ORDER Denying 136 Motion for Order to Show Cause, Denying 138 Motion for Magistrate Judge to Reconsider Order, Denying 146 Motion for Sanctions, Denying without Prejudice 153 Motion to Determine the Sufficiency of Denials and Answers and/or Deem Admissions Admitted, Denying without Prejudice 163 Motion to Compel, and Denying as Moot 169 Emergency Motion to Require the Presence of Marc A. Fox. Signed by Magistrate Judge George Foley, Jr on 5/31/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER A. JONES,

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Plaintiff,
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vs.
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DWIGHT NEVEN, et al.,
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Defendants. )
__________________________________________)

Case No. 2:07-cv-01088-JCM-GWF
ORDER
Motion to Show Cause (#136); Motion to
Reconsider (#138); Motion for
Sanctions (#146); Motion to Deem
Answers Admitted (#153); Motion to
Compel (#163); Motion to Compel
Appearance (#169)

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This matter is before the Court on Plaintiff’s Motion to Show Cause (#136), filed March 30,

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2011; Defendants’ Motion for Reconsideration of Court Order #135 (#138), filed April 1, 2011;

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Plaintiff’s Opposition to Defendants’ Motion for Reconsideration of Court Order #135 (#140), filed

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April 7, 2011; Defendants’ Reply to Opposition to Reconsideration of Court Order #135 (#143), filed

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April 18, 2011; Plaintiff’s Motion for Sanctions (#146), filed April 18, 2011; Plaintiff’s Motion to

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Determine the Sufficiency of Denials and Answers and/or Deem Admissions Admitted (#153), filed

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April 27, 2011; Plaintiff’s Supplemental Motion for Sanctions (#154), filed April 28, 2011; Defendant

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Steven MacArthur’s Response to Motion for Sanctions (#158), filed May 9, 2011; Defendant’s

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Amendment to Response to Motion for Sanctions (#159), filed May 9, 2011; Defendant’s Response to

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Supplement to Motion for Sanctions (#160), filed May 13, 2011; Plaintiff’s Motion to Compel (Third

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Request) (#163), filed May 18, 2011; Defendants’ Response to Motion to Determine the Sufficiency of

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Denials and Answers and/or Deem Admissions Admitted (#164), filed May 23, 2011; Plaintiff’s

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Emergency Motion to Require the Presence of Marc A. Fox (#169), filed May 25, 2011; Plaintiff’s

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Reply to the Defendant’s Response to Motion for Sanctions (#172), filed May 27, 2011.

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...

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The Court conducted a hearing on these matters on May 26, 2011 and issued a ruling from the

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bench. The present order is offered in order to clarify the specific rulings made by the Court at the

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hearing.

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IT IS ORDERED that Plaintiff’s Motion to Show Cause (#136) is denied with the following
understanding:
1.

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will be served upon Plaintiff on or before June 10, 2011; and
2.

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Defense counsel will review MacArthur’s responses to Plaintiff’s requests for
admissions as discussed during the May 26, 2011 hearing and will revise or supplement

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Defendant MacArthur’s responses to Plaintiff’s interrogatories are being finalized and

the responses as necessary.
IT IS FURTHER ORDERED that Defendants’ Motion for Reconsideration of Court Order

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#135 (#138) is denied. Plaintiff may keep the medical records at issue (#175) in his prison cell.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Sanctions (#146) is denied as

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follows:
1.

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Defendant MacArthur is not required to respond further to Plaintiff’s request for
production no. 7 because the information sought is not relevant to Plaintiff’s claims;

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Defendant MacArthur need not respond further to request for production no. 8, but

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Defendant has offered to allow Plaintiff to review the redacted medical record

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transcriptions/translations under supervised conditions;

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3.

With regard to requests for production nos. 12, 14, 26 and 27, Defendant need not

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respond further with the understanding that defense counsel will provide Plaintiff with

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any records responsive to requests for production nos. 26 and 27 that are contained in

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NDOC files related to MacArthur’s employment.

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4.

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MacArthur’s responses to Plaintiff’s interrogatories will be served upon Plaintiff on or
before June 10, 2011; and

5.

Defense counsel will review MacArthur’s responses to Plaintiff’s requests for

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admissions as discussed during the May 26, 2011 hearing and will revise or supplement

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the responses as necessary.
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IT IS FURTHER ORDERED that Plaintiff’s Motion to Determine the Sufficiency of Denials

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and Answers and/or Deem Admissions Admitted (#153) is denied without prejudice because Plaintiff

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does not identify specific deficiencies in Defendants’ responses to his requests for admissions. The

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Court denies the motion with the following instruction:

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1.

The parties shall meet and confer to attempt to resolve the outstanding issues in a

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reasonable and cooperative fashion. The defendants shall further review their responses

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to requests for admissions and thereafter meet with Plaintiff to discuss any outstanding

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issues. If, after the parties have met and conferred, Plaintiff believes outstanding issues

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remain he may file a motion to compel or motion to deem requests for admission

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admitted. Such motion should address specific discovery requests and demonstrate to

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the Court why the responses are insufficient;

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2.

By June 15, 2011, Plaintiff shall file a Statement of Additional Discovery Requested

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with the Court. Defendants’ Response or Statement of Additional Discovery Requested

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shall be filed within 3 business days of receipt of Plaintiff’s Statement; and

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3.

The Court will extend the discovery period based on its determination of the discovery
that reasonably needs to be conducted.

IT IS FURTHER ORDERED that Plaintiff’s Motion to Compel (#163) is denied without
prejudice in light of the Court’s decisions discussed above.
IT IS FURTHER ORDERED that Plaintiff’s Emergency Motion to Require the Presence of
Marc A. Fox (#169) is denied as moot.
DATED this 31st day of May, 2011.

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_____________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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