Kabins Family Limited Partnership et al v. Chain Consortium et al

Filing 491

ORDER Granting 481 Motion to Strike All References to the Deposition of Jeffrey Benton Chain and All Related Arguments Contained in the Motion For Sanctions Against Albert D. Massi, Esq. Signed by Magistrate Judge Robert J. Johnston on 9/24/2012. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
***
9
KABINS FAMILY, LLC., etc., et al.,
10
Plaintiff,
11
vs.
12
CHAIN CONSORTIUM, etc.,
13
Defendant,
14

)
)
)
)
)
)
)
)
)
)

2:09-cv-1125-GMN-RJJ

ORDER

15

This matter is before the Court on Defendants’ Counter Motion to Strike All References

16

to the Deposition of Jeffrey Benton Chain and All Related Arguments Contained in the Motion

17

For Sanctions Against Albert D. Massi, Esq. (#481).

18

The Court has reviewed the Motion (#481) and the Response (#484). Defendants seek an

19

order striking all references to the Chain deposition which was taken in an unrelated bankruptcy

20

case. There is no basis for the court to allow references to the Chain deposition in this case. If

21

the Plaintiffs want to submit an applicable affidavit by Jeffrey Chain or take his deposition in this

22

case with appropriate notice and opportunity to participate for all other parties in this case

23

,Plaintiffs may proceed. Fed R. Civ. P. 32(a)(1) provides no basis for the use of the deposition

24

taken in an unrelated matter in this case. Good cause appearing therefore ,

25

IT IS HEREBY ORDERED that Defendants’ Counter Motion to Strike All References to

26

....

27

....

28

....

1

the Deposition of Jeffrey Benton Chain and All Related Arguments Contained in the Motion For

2

Sanctions Against Albert D. Massi, Esq. (#481) is GRANTED.

3

DATED this 24th

day of September, 2012.

4
5
6

ROBERT J. JOHNSTON
United States Magistrate Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-