Ramparts, Inc. v. Fireman's Fund Insurance Company et al.,

Filing 93

ORDER Denying without Prejudice 70 Motion for Expenses. Signed by Judge Roger L. Hunt on 5/19/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RAMPARTS, INC., a Nevada Corporation,
d/b/a Luxor Hotel and Casino,

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Plaintiff,
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vs.
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FIREMAN’S FUND INSURANCE
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COMPANY, a California Corporation; THE
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AMERICAN INSURANCE COMPANY, an
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unknown entity; and DOES 1–50, inclusive,
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Defendants.
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_______________________________________)

Case No.: 2:09-cv-00371-RLH-LRL
ORDER
(Motion for Expenses–#70)

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Before the Court is Plaintiff Ramparts, Inc.’s (“Luxor”) Motion for Expenses (#70,

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filed ). Luxor brings this motion pursuant to Rule 37(c)(2) of the Federal Rules of Civil

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Procedure, which provides that if a party fails to admit a fact requested by the other party in a

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request for admission, the other party may be entitled to reasonable expenses, including attorney’s

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fees, incurred in proving that fact. Luxor argues that Defendant American Insurance Company

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wrongfully denied Luxor’s request for admission of certain facts during discovery, and that this

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denial forced Luxor to expend time and money establishing those facts.

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///

AO 72
(Rev. 8/82)

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However, as explained to the parties at Calendar Call on May 18, 2011, the Court

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will not consider any motion for attorney’s fees until after trial. Therefore, the Court denies

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Luxor’s motion as premature.

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Accordingly, and for good cause appearing,

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IT IS HEREBY ORDERED that Luxor’s Motion for Expenses (#70) is DENIED

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without prejudice.
Dated: May 19, 2011

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____________________________________
ROGER L. HUNT
Chief United States District Judge

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AO 72
(Rev. 8/82)

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