USA v. Estate of E. Wayne Hage et al

Filing 177

ORDER Denying 162 Daniel Gambino Martinez's Motion to Compel Discovery. Signed by Magistrate Judge Lawrence R. Leavitt on 9/15/10. (Copies have been distributed pursuant to the NEF - EDS)

USA v. Estate of E. Wayne Hage et al

Doc. 177

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ... ... v. ESTATE OF E. WAYNE HAGE, et al., Defendants. UNITED STATES OF AMERICA, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) )

2:07-cv-01154-RCJ-LRL ORDER

Before the court is Daniel Gambino Martinez's Motion to Compel Discovery (#162). The court has considered the motion (#162), plaintiff's Response (#164), and Martinez's Objection to Plaintiff's Response in Opposition to Motion to Compel Discvoery, which the court treats as a Reply (#167). Martinez's Motion to Compel (#162) must be denied because, among other things, he is not a party to this action. While Martinez has filed a Motion for Leave of Court for Intervention of Right (#134), the court has not yet ruled on the motion. Oral arguments on the Motion to Intervene (#134) are scheduled for October 15, 2010. Minute Order (#174). Filing of a motion to intervene does not automatically make one a party to a lawsuit. The court must first determine whether intervention is proper. Until the court rules on his motion to intervene, Martinez is not a party to this action. Because only parties may engage in discovery, see Fed.R.Civ.P. 26(b)(1) ("Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense . . ."), Martinez may not request or attempt to compel discovery unless and until the court grants his motion to intervene or he otherwise becomes a party to this action. Accordingly, and for good cause shown,

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

IT IS ORDERED that Daniel Gambino Martinez's Motion to Compel Discovery (#162) is DENIED. DATED this 15th day of September, 2010.

LAWRENCE R. LEAVITT UNITED STATES MAGISTRATE JUDGE

2