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

Filing 497

ORDER Granting in part and Denying in part 418 Motion to Compel. The deposition of Deponent Corbo must be completed on or before October 26, 2012. On or before October 10, 2012, Plaintiffs shall file an affidavit regarding the reasonable costs, in cluding attorneys fees, incurred in bringing the 418 Motion to Compel. A response to said affidavit of fees and costs shall be filed on or before October 17, 2012. A hearing on the affidavit of fees and costs set for 10/22/2012 10:30 AM in LV Courtroom 3D before Magistrate Judge Robert J. Johnston. Signed by Magistrate Judge Robert J. Johnston on 09/27/2012. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 9 10 11 12 13 14 15 KABINS FAMILY LIMITED PARTNERSHIP, a Nevada limited partnership, et al., ) ) ) Plaintiffs, ) ) vs. ) ) CHAIN CONSORTIUM, a Nevada general ) partnership, et al., ) ) Defendant. ) ) _________________________________________ ) 2:09-cv-01125-GMN-RJJ ORDER This matter came before the Court for a hearing on Plaintiffs’ Motion to Compel and For Sanctions. (#418). 16 The Court has reviewed the Motion (#418), the Response (#423) and the Reply (#424) and 17 has considered the argument and representations of counsel at the hearing held on the motion. Good 18 cause appearing therefore, 19 IT IS HEREBY ORDERED that Plaintiffs’ Motion to Compel (#418) is GRANTED IN 20 PART AND DENIED IN PART as outlined below (referencing the Motion to Compel (#418) at 21 pgs. 29-31): 22 1. GRANTING IV. a - In that the continued deposition of Dana Corbo is authorized. 23 Deponent Corbo shall answer all questions in accordance with the Federal Rules of 24 Civil Procedure. Chad Bowers, Esq., shall not improperly interfere with answers of 25 the deponent. The deposition of Deponent Corbo must be completed on or before 26 October 26, 2012. 27 28 2. GRANTING IV b. - On or before October 10, 2012, Plaintiffs shall file an affidavit regarding the reasonable costs, including attorneys’ fees, incurred in bringing the 1 Motion to Compel (#418). A response to said affidavit of fees and costs shall be filed 2 on or before October 17, 2012, A hearing on the affidavit of fees and costs is 3 scheduled for October 22, 2012, at 10:30 AM in LV Courtroom 3D, 3d floor, Lloyd 4 D. George United States Courthouse, 333 Las Vegas Blvd. So., Las Vegas, Nevada, 5 89101. 6 3. DENYING IV. c - If Plaintiffs seek to take the deposition of Jeffrey Chain, they shall 7 schedule it in accordance with the Federal Rules of Civil Procedure and the Local 8 Rules. 9 4. 10 11 DENYING IV. d. - Counsel shall schedule the taking of depositions in accordance with the Federal Rules of Civil Procedure and the Local Rules. 5. DENYING IV. e. - Counsel shall meet and confer as required by the Federal Rules 12 of Civil Procedure and the Local Rules. Any counsel may record the sessions by any 13 means, but recording is not a prerequisite to meet and confer or personal consultation 14 conferences required by the Federal Rules of Civil Procedure or the Local Rules. 15 16 17 6. DENYING IV. f. - No costs or fees shall be awarded beyond those covered under paragraph 2 above. DATED this 27th day of September, 2012. 18 19 20 21 ROBERT J. JOHNSTON United States Magistrate Judge 22 23 24 25 26 27 28 -2-

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