Hernandez et al v. Creative Concepts, Inc. et al

Filing 58

ORDER Denying 37 Motion to Compel. Signed by Magistrate Judge Lawrence R. Leavitt on 10/3/11. (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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GABRIEL HERNANDEZ, et al.,

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Plaintiffs,
v.
CREATIVE CONCEPTS, INC., et al.,

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Defendants.

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2:10-cv-02132-PMP-LRL
ORDER

Before the court is plaintiffs Gabriel Hernandez, et al’s Motion To Compel (#37). Defendant
NPL Construction Co. filed an Opposition (#41). Plaintiffs did not file a Reply.

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In plaintiffs’ motion to compel (#37), they ask the court to require NPL to “participate in a Rule

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26(f) conference,” “make full disclosures of all information required by...Rule 26 on an expedited

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basis,” and to “respond to the [p]laintiffs’ outstanding written discovery.” Additionally, the plaintiffs

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assert that the court should impose sanctions against defendant NPL for refusing to engage in a Rule

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26 conference. (#37). In defendant’s opposition, it asserts that the court should order the parties to

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conduct the Rule 26 conference after the court has ruled upon the motion for summary judgment (#42)

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it filed in conjunction with its opposition. (#41). Further, it contends that since the parties have not

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conducted a Rule 26 conference, plaintiffs’ requests for disclosures and responses to discovery are

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premature. Id.

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Prior to plaintiffs filing the present motion, defendant NPL asked the court to extend the time

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period for the Rule 26 conference until after the court ruled upon its motion for summary judgment.

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(#33). The court denied defendant’s request and ordered the parties to conduct their rule 26(f)

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conference no later than September 9, 2011. (#46). Thus, plaintiffs’ request relating to the Rule 26

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conference is moot.

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Pursuant to Federal Rule of Civil Procedure 26(d)(1), “[a] party may not seek discovery from

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any source before the parties have conferred as required under Rule 26(f)...” Further, Rule 26(a)(1)(C)

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provides that “[a] party must make initial disclosures at or within 14 days after the parties’ Rule 26 (f)

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conference...” Rule 26(a)(1)(C)(emphasis added). Therefore, as the parties had not conducted a Rule

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26(f) conference when plaintiffs filed their motion seeking initial disclosures and responses to

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discovery, the motion was premature. Id. In this light, the court is not inclined to impose sanctions

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upon defendant.

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Accordingly, and for good cause shown,

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IT IS ORDERED that plaintiffs’ Motion To Compel (#37) is denied.

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IT IS FURTHER ORDERED that plaintiffs’ request for sanctions is denied.

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DATED this 3rd day of October, 2011.

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LAWRENCE R. LEAVITT
UNITED STATES MAGISTRATE JUDGE

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