Garity v. Dohahoe

Filing 141

ORDER Denying 139 MOTION for Sanctions and to Seal Records on an emergency basis. LR 7-2 shall govern the briefing schedule for this motion. Signed by Magistrate Judge Carl W. Hoffman on 1/17/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROSEMARY GARITY,

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Plaintiff,
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vs.
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PATRICK DOHAHOE,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-01805-MMD-CWH
ORDER

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This matter is before the Court on Plaintiff’s request that Motion for Sanctions and to Seal
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Records (#139), filed on January 15, 2014, be heard on an emergency basis.
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After reviewing the request, the Court finds that expedited consideration is not necessary as
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the request fails to comply with Local Rule (“LR”) 7-5. LR 7-5 specifies that requests for judicial
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assistance in resolving an emergency dispute shall be accompanied by an affidavit setting forth “a
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detailed description of the emergency.” Additionally, LR 7-5 provides, “It shall be within the sole
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discretion of the Court to determine whether any such matter is, in fact, an emergency.”
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The Court exercises its discretion to find that Motion #139 should not be heard on an
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emergency basis and the normal briefing schedule will apply. Plaintiff fails to cite any authority as
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required by LR 7-2 to support her motion for sanctions and to seal. Additionally, she fails to
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provide an affidavit with sufficient information to determine the nature of the emergency. Plaintiff
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also failed to include a statement certifying that she was unable to resolve the matter without court
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action as required by LR 7-5(d)(3).
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Based on the foregoing and good cause appearing therefore,
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IT IS HEREBY ORDERED that Plaintiff’s request that Motion for Sanctions and to Seal
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Records (#139) be heard on an emergency basis is denied. LR 7-2 shall govern the briefing
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schedule for this motion.

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DATED this 17th day of January, 2014.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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