Crawford v. Smith's Food and Drug Store Inc

Filing 199

ORDER Denying without prejudice 164 Motion for Sanctions. Signed by Magistrate Judge George Foley, Jr on 4/8/2014. (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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MILTON O. CRAWFORD,

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Plaintiff,
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vs.
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SMITH’S FOOD AND DRUG CENTERS, )
INC., THE KROGER COMPANY,
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SMITH’S FOOD AND DRUG, et al.,
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Defendant.
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____________________________________)

Case No. 2:12-cv-00122-GMN-GWF
ORDER

Defendant’s Motion For Sanctions (#164)

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This matter comes before the Court on Defendant Smith’s Food & Drug, Inc.’s, (“Defendant”)

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Motion for Sanctions (#164), filed on October 23, 2013. Plaintiff filed a Response (#166) on October

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30, 2013. Defendant filed its Reply (#167) on November 12, 2013.

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Defendant brings this motion for sanctions alleging improper, harassing and bad faith filings

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made by Plaintiff. See Doc. #164. Specifically, Defendant references Plaintiff’s “Opposition to the

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Court’s Order ECF No. 142" (#144), Plaintiff’s “Opposition to the Court’s Order ECF No. 141" (#145),

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and Plaintiff’s “Reply and or Opposition to the Courts minutes of Proceedings Document [143] Motion

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and Demand’s Judge Reassignment in the interest of Justice” (#151 and #152), all of which Plaintiff

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brought without attempting to demonstrate any of the grounds for reconsideration of the Court’s ruling.

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Id.

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Local Rule IA 4-1 permits the Court, after notice and opportunity to be heard, to impose any and

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all appropriate sanctions on an attorney or party appearing in pro se who, without just cause, fails to

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comply with these rules. The Court, however, previously entered a Report and Recommendation

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(#194) recommending that Defendant’s Motion (#182) for terminating sanctions be granted. If the

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recommendation is adopted, it renders this earlier motion for sanctions moot. Accordingly,

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IT IS HEREBY ORDERED that Defendant Smith’s Food & Drug Centers, Inc. Motion for
Sanctions (#164) is denied without prejudice.

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DATED this 8th day of April, 2014.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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