Allstate Insurance Company et al vs. Nassiri, et al.,

Filing 446

ORDER Denying 405 and 435 Motions for Summary Judgment. Signed by Judge James C. Mahan on 3/29/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ALLSTATE INSURANCE
COMPANY, et al.,

2:08-CV-369 JCM (GWF)

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Plaintiffs,

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v.

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OBTEEN N. NASSIRI, D.C., et al.,

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Defendants.

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ORDER

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Presently before the court is defendants Obteen Nassiri, et. al.’s motion for summary

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judgment. (Docs. #405 and #408). Defendants Albert Noorda, et. al. filed a joinder to this motion.

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(Doc. #428). Also before the court is defendants Albert Noorda, et. al.’s motion for summary

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judgment. (Doc. #435). Defendants Obteen Nassiri, et. al. filed a joinder to this motion. (Doc.

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#438).

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In a summary judgment motion, the moving party bears the burden of informing the court

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of the basis for its motion, together with evidence demonstrating the absence of any genuine issue

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of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). “A trial court can only consider

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admissible evidence in ruling on a motion for summary judgment.” Orr v. Bank of America, 285

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F.3d 764, 773 (9th Cir. 2002). “Authentication is a condition precedent to admissibility . . . .” Id.

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(internal citations omitted). Unauthenticated documents “cannot be considered in a motion for

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summary judgment.” Id.

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James C. Mahan
U.S. District Judge

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In the case at bar, the parties have not authenticated the evidence supporting their motions

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for summary judgment. (See Docs. #408 and #435). Without properly authenticated supporting

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evidence, the court is not inclined to hear the instant motions for summary judgment. See Orr, 285

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F.3d at 773.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Obteen Nassiri,

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et. al.’s motion for summary judgment (doc. #405) and defendants Albert Noorda, et. al.’s motion

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for summary judgment (doc. #435) be, and the same hereby are, DENIED.

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DATED this 29th day of March, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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