Ervine v. Desert View Regional Medical Center Holdings, LLC et al

Filing 41

ORDERED that defendants' Motion for Summary Judgment 33 is DENIED without prejudice. Signed by Judge James C. Mahan on 4/22/11. (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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2:10-CV-1494 JCM (RJJ)

SIE ERVINE,
Plaintiff,
v.
DESERT VIEW REGIONAL
MEDICAL CENTER HOLDINGS
LLC., et al.,
Defendants.

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ORDER

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Presently before the court is defendants Georges Tannoury’s (M.D.), Malin Kerry’s, Kerry

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Malin’s and Specialty Medical Center’s motion for summary judgment. (Doc. #33). Defendant

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Desert View Regional Medical Center Holdings, LLC, filed a joinder. (Doc. #34). The plaintiff has

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responded (doc. #35), and the defendants have replied (docs. #36, 37).

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Summary judgment is appropriate when, viewing the facts in the light most favorable to the

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nonmoving party, there is no genuine issue of material fact, and the moving party is entitled to

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judgment as a matter of law. Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir. 1996); FED . R. CIV . P.

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56(c). The moving party bears the burden of presenting authenticated evidence to demonstrate the

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absence of any genuine issue of material fact for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323

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(1986); see Orr v. Bank of America, 285 F.3d 764 (9th Cir. 2002) (articulating the standard for

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authentication of evidence on a motion for summary judgment).

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James C. Mahan
U.S. District Judge

Whereas the defendants have failed to properly authenticate any of the evidence provided to

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support the motion for summary judgment under the standards set forth in Orr, the court declines

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to consider the merits of the motion at this time.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants’ motion for

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summary judgment (doc. #33) is DENIED without prejudice.
DATED April 22, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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