Millennium Drilling Co., Inc. v. House-Meyers et al

Filing 183

ORDER Denying without prejudice 178 Motion to Compel. Denying 182 Stipulation to Extend Discovery. Signed by Magistrate Judge Carl W. Hoffman on 10/21/2014. (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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MILLENIUM DRILLING CO., INC.,
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Plaintiff,
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vs.
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BEVERLY HOUSE-MEYERS
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REVOCABLE TRUST, et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-00462-MMD-CWH
ORDER

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This matter is before the Court on Defendants and Third-Party Plaintiffs’ (“Defendants”)
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Motion to Compel Deposition of Non-Party Witness Matthew Barnes (#178), filed September 15,
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2014, and Non-Party Witness Matthew Barnes’ (“Barnes”) Response (#181), filed October 2, 2014.
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Defendants seek an order requiring Barnes counsel to accept service of a Rule 45 subpoena
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on behalf of Barnes. Other than a single sentence stating “[Defendants] have the right to subpoena
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nonparties to give testimony under Fed. R. Civ. P. 45[,]” the motion is not supported by any points
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and authorities. “The failure of a moving party to file points and authorities in support of the
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motion shall constitute a consent to the denial of the motion.” Local Rule 7-2(d). Defendants raise
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a legitimate issue regarding the service of a Rule 45 subpoena, but fail to provide any authority or
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analysis in support of the relief they seek. It is not the Court’s role to create or craft motions on
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behalf of parties. Consequently, the motion will be denied without prejudice to Defendants refiling
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the motion, if they choose. The parties’ stipulation to extend discovery (#182) is also denied.
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Based on the foregoing and good cause appearing,
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IT IS HEREBY ORDERED that Defendants and Third-Party Plaintiffs’ Motion to

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Compel Deposition of Non-Party Witness Matthew Barnes (#178) is denied without prejudice.
IT IS FURTHER ORDERED that the parties’ Stipulation to Extend Discovery (#182) is
denied.
DATED: October 21, 2014.

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

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