Jackson et al v. United Artists Theatre Circuit, Inc. et al

Filing 57

ORDERED that counsel for Master Janitorial and the parties to this action shall appear for a hearing on Plaintiff's Motion for Sanctions and Motion to Compel Attendance 51 on 5/12/11 at 11:00 am in Las Vegas Courtroom 3A before Magistrate Judge George Foley Jr.. Signed by Magistrate Judge George Foley, Jr on 5/3/11. (Copies have been distributed pursuant to the NEF: cc mailed to Hampton & Hampton - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS JACKSON and CAROL JACKSON,

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Plaintiffs,
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vs.
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UNITED ARTISTS THEATRE CIRCUIT, INC., )
d/b/a UA RAINBOW PROMENADE, et al.,
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Defendants.
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__________________________________________)

Case No. 2:10-cv-00050-LDG-GWF
ORDER

On January 31, 2011, the Court extended the discovery deadline until March 14, 2011 so

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that Plaintiffs could depose the person most knowledgeable (“PMK”) of Master Janitorial. (#33).

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Plaintiffs filed an emergency motion to extend discovery on March 14, 2011 because they had not

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yet had an opportunity to depose Master Janitorial. (#48). The Court granted the emergency

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motion and further extended the discovery deadline to March 30, 2011 to allow Plaintiffs to depose

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Master Janitorial. (#50).

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On March 25, 2011, Plaintiffs served the subpoenas on Master Janitorial, noticing the

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depositions of the PMK and the Custodian of Records (“COR”). (#51 at 2-3). The subpoenas

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noticed depositions to take place three days later on March 28, 2011. (Id. at 2). On the day the

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deposition was scheduled, a person identifying himself as the son of the PMK for Master Janitorial

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telephoned Plaintiffs’ counsel and informed him that the PMK was out of town and would not

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appear at the noticed depositions. (Id.) In addition, the caller indicated to Plaintiffs’ counsel that

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the company would be consulting an attorney before any individuals from Master Janitorial agreed

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to respond to the subpoena. (Id.) The next day, March 29, Plaintiffs filed an emergency motion to

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extend time, motion to compel and motion for sanctions. (#51). The Court denied Plaintiffs’

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request for an extension, but withheld ruling on the motion to compel and motion for sanctions

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until fourteen (14) days after service upon Master Janitorial in order to allow Master Janitorial an

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opportunity to respond. (#54).

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Plaintiffs filed a certificate of service on April 11, 2011. (#56). It states that Plaintiffs’

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counsel was informed that Master Janitorial is represented by the law firm of Hampton &

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Hampton. According to the certificate of service, the motions and the Court’s April 5, 2011 order

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were served on a representative of the law firm on April 11, 2011. (Id.) To date, Master Janitorial

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has not filed a response to the motion to compel or motion for sanctions (#51). Accordingly,

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IT IS HEREBY ORDERED that counsel for Master Janitorial and the parties to this

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action shall appear for a hearing on Plaintiffs’ Motion for Sanctions and Motion to Compel

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Attendance (#51) on Thursday, May 12, 2011 at 11:00 a.m. in Las Vegas Courtroom 3A before

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Magistrate Judge George Foley Jr.

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IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this order to
counsel for Master Janitorial at the following address:
Hampton & Hampton
8965 S. Pecos Rd. #9A
Henderson, Nevada 89074

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DATED this 3rd day of May, 2011.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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