Greene v. Executive Coach & Carriage

Filing 135

IT IS HEREBY ORDERED that as the Court has been advised that the Consents to Become Party Plaintiffs signed by Rebecca Sleppy, Cecilia Chipen and Terry Muth (Exhibits 2, 3, and 4) will be withdrawn, the Motion for Sanctions (#90) as to Rebecca Sleppy , Cecilia Chipen and Terry Muth is DENIED. IT IS FURTHER ORDERED that the Court does not find that the ultimate sanction of dismissal is appropriate as to Plaintiff, Robert Greene. IT IS FURTHER ORDERED that Defendant/ Counterclaimant Jacob Transport ation Services, LLCs request for monetary sanctions as to Plaintiff, Robert Greene is GRANTED. The Court awards costs in the amount of 7.2 hours at $275.00/hour ($1900.00) plus $172.60 for the transcript fee for the non-appearance of R obert Greene at deposition, for a total award of $2072.60. IT IS FURTHER ORDERED that said costs shall be paid forthwith. IT IS FURTHER ORDERED that defendants are authorized to take the deposition of Plaintiff, Robert Greene. IT IS FURTHER ORDERED that Plaintiff, Robert Greenes request for sanctions are DENIED. Signed by Magistrate Judge Robert J. Johnston on 3/29/12. (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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***

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ROBERT G. GREENE, on behalf of
himself and all others similarly situated,

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Plaintiff,
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vs.
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EXECUTIVE COACH AND CARRIAGE, )
a Nevada Corporation; DOES 1-50,
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inclusive,
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Defendant,
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THOMAS THATCHER SCHEMKES,
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and GREGORY Greene, etc.,
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Plaintiffs,
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vs.
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JACOB TRANSPORTATION SERVICES, )
LLC., etc.,
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Defendants.
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JACOB TRANSPORTATION
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SERVICES, LLC,
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Counterclaimant,
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vs.
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THOMAS THATCHER SCHEMKES,
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and GREGORY Greene,
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2:09-cv-466-GMN-RJJ
Consolidated with:
2:11cv-355-GMN-RJJ
ORDER

This matter is before the undersigned Magistrate Judge on Defendant/Counterclaimant
Jacob Transportation Services, LLC’s Motion For Sanctions (#90).
The Court has reviewed the Motion For Sanctions (#90), the Opposition (#102), the
Joinder (#104) and the Reply (#105). Additionally, a hearing was held on the Motion for

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Sanctions (#90).

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The Motion (#90) was filed by Defendant/Counterclaimant Jacob Transportation

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Services, LLC and requested sanctions for the failure of Rebecca Sleppy, Cecilia Chipen, Terry

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Muth and Robert Greene to appear for their depositions. See, Notices of Deposition attached as

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Exhibits 6, 7, 8, and 9, to Defendant’s Motion for Sanctions (#90). Plaintiff’s counsel advised the

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Court at the hearing held on this matter that the Consents to Become Party Plaintiffs signed by

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Rebecca Sleppy, Cecilia Chipen and Terry Muth (Exhibits 2, 3, and 4) would be withdrawn.

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Good cause appearing therefore,

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IT IS HEREBY ORDERED that as the Court has been advised that the Consents to

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Become Party Plaintiffs signed by Rebecca Sleppy, Cecilia Chipen and Terry Muth (Exhibits 2,

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3, and 4) will be withdrawn, the Motion for Sanctions (#90) as to Rebecca Sleppy, Cecilia

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Chipen and Terry Muth is DENIED.

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IT IS FURTHER ORDERED that the Court does not find that the ultimate sanction of
dismissal is appropriate as to Plaintiff, Robert Greene.
IT IS FURTHER ORDERED that Defendant/ Counterclaimant Jacob Transportation

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Services, LLC’s request for monetary sanctions as to Plaintiff, Robert Greene is GRANTED.

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The Court awards costs in the amount of 7.2 hours at $275.00/hour ($1900.00) plus $172.60 for

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the transcript fee for the non-appearance of Robert Greene at deposition, for a total award of

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$2072.60.

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IT IS FURTHER ORDERED that said costs shall be paid forthwith.

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IT IS FURTHER ORDERED that defendants are authorized to take the deposition of

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Plaintiff, Robert Greene.
IT IS FURTHER ORDERED that Plaintiff, Robert Greene’s request for sanctions are
DENIED.
DATED this 29th

day of March, 2012.

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ROBERT J. JOHNSTON
United States Magistrate Judge
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