Kwasniewski et al v. sanofi-aventis U.S., LLC et al

Filing 138

ORDER Denying without prejudice 137 Defendant Sanofi-Aventis U.S. LLC's Motion for Court Order Permitting Production of Records. Signed by Magistrate Judge Nancy J. Koppe on 3/17/2014. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JENNIFER KWASNIEWSKI, et al. 10 Plaintiffs, 11 vs. 12 SANOFI-AVENTIS U.S. LLC., et al., 13 14 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 2:12-cv-00515-GMN-NJK ORDER 15 16 Before the Court is Defendant Sanofi-Aventis U.S. LLC’s Motion for Court Order Permitting 17 Production of Records (Docket No. 137). The Court has considered Defendant’s motion and finds 18 there is no need for a response. Further, the Court finds this motion appropriately resolved without 19 oral argument. Local Rule 78-2. For the reasons discussed below, Defendant’s motion is hereby 20 DENIED without prejudice. 21 I. FAILURE TO CITE POINTS AND AUTHORITIES 22 Defendant seeks a Court order “authorizing the release of Mr. Kwasnieski’s employment 23 records from Morgans and Hard Rock.” Docket No. 137, at 9. Defendant has not, however, cited 24 a single case or statute to support its request. Pursuant to Local Rule 7-2(d), “[t]he failure of a 25 moving party to file points and authorities in support of the motion shall constitute a consent to the 26 denial of the motion.” LR 7-2. Accordingly, Defendant has consented to the denial of its motion. 27 Further, to the extent Defendant’s motion was intended to be a motion to compel, Defendant 28 failed to provide the text or responses to any of its written discovery requests. Local Rule 26-7(a) 1 states that “[a]ll motions to compel discovery or for protective order shall set forth in full the text 2 of the discovery originally sought and the response thereto, if any.” LR 26-7(a). Therefore, by not 3 providing the complete text of any discovery request, Defendant’s motion fails to comply with the 4 Local Rules. Additionally, the Court cannot determine that a particular response to a request for 5 discovery was improper without knowing what request was made or what response was given. 6 II. CONCLUSION 7 Based on the foregoing, and good cause appearing therefore, 8 IT IS HEREBY ORDERED that Defendant Sanofi-Aventis U.S. LLC’s Motion for Court 9 10 Order Permitting Production of Records (Docket No. 137) is DENIED without prejudice. DATED: March 17, 2014. 11 12 13 14 NANCY J. KOPPE United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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