Lane v. Clark County

Filing 76

ORDER Denying Plaintiff's 75 Motion for Federal Court to Order Clark County to Turn Over Production of Documents. Signed by Magistrate Judge Nancy J. Koppe on 08/22/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDEL LANE,

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Plaintiff,
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vs.
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CLARK COUNTY,
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Defendant.
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__________________________________________)

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Case No. 2:11-cv-00485-JCM-NJK
ORDER
(Docket No. 75)

Pending before the Court is Plaintiff’s Motion for Federal Court to Order Clark County to Turn

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Over Production of Documents. Docket No. 75. For the reasons discussed below, the motion is

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DENIED.

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Plaintiff’s motion appears to relate to Plaintiff’s state case, rather than the instant case. See

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Docket No. 75 at 2 (“When attorney Kennedy denies to be involved in the Federal case, it actually

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prevents him from knowing about the facts that could clear my name in the State Case. He has filed the

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opening brief in the Nevada Supreme Court, [t]he County has not written an opposing brief, and

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attorney Kennedy has not responded to the County[’s] opposing brief or wrote a [sic] final brief”). To

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the extent the motion does apply to the instant case, however, it is an improper motion to compel

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discovery.

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Discovery in the instant case has been closed since February 2, 2012. Docket No. 21 at 2. As

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the Court has already ordered on more than one occasion, Plaintiff cannot move to compel discovery

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responses more than four years after the close of discovery, and more than three years after the case

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itself was closed.1 See Docket Nos. 70, 74.

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Even if the Court considered Plaintiff’s motion as a motion to compel discovery, it is
procedurally incorrect, and would be denied on that basis. See Docket No. 70 at 1-2.

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Accordingly, for the reasons stated above, Plaintiff’s motion, Docket No. 75, is hereby
DENIED.

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IT IS SO ORDERED.

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DATED: August 22, 2016

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NANCY J. KOPPE
KOPPE
ANCY J K
United States Magistrate Judge

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