Kristensen v. Credit Payment Services Inc.

Filing 315

ORDER denying 241 Motion terminating Sanctions or, alternatively, Evidentiary Sanctions for Intentional Spoliation of Evidence. Denying 261 Motion for Rule 11 Sanctions. Denying without prejudice 291 Motion to Seal. At the hearing, the c ourt gave Click Media until January 13, 2015, in which to file a memorandum of points and authorities supporting any request to maintain Exhibit H of Mr. Ochoa's declaration as confidential. If Click Media does not timely comply with the court s order to file a memorandum supporting the continued treatment of the document as confidential by January 14, 2015, as ordered, the clerk of the court is directed to file the document in the public record. Signed by Magistrate Judge Peggy A. Leen on 1/12/2015. (Copies have been distributed pursuant to the NEF - DKJ)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

FLEMMING KRISTENSEN,

8
9
10

Case No. 2:12-cv-00528-APG-PAL
Plaintiff,

ORDER

v.
(Mot Set/Reset Ddl – Dkt. #241)
CREDIT PAYMENT SERVICES, INC., et al.,
Defendants.

11
12

On January 6, 2015, the court heard arguments on LeadPile’s Motion for Terminating

13

Sanctions (Dkt. #241), and Plaintiff’s Motion for Rule 11 Sanctions (Dkt. #261). The court has

14

considered the moving and responsive papers (Dkt. ##244, 249, 257, 259, 277, 278, 279, 295,

15

298, 300, 301, 304), and the arguments of counsel at the hearing.

16

The procedural history and nature of this case has been explained in prior orders and will

17

not be repeated here. The moving and responsive papers on these motions are voluminous and

18

consist of hundreds of pages consistent with the extensive motion practice that has occurred

19

throughout the history of this case. The court lacks the time or the resources to prepare a

20

publishable quality order outlining the parties’ respective positions, the applicable law pertaining

21

to their disputes, and the court’s analysis in rendering its decision. Suffice it to say, the court has

22

carefully reviewed and considered the moving and responsive papers, and the arguments of

23

counsel at the lengthy hearing conducted June 6, 2015.

24

Having reviewed and considered the matters,

25

IT IS ORDERED that:

26

1. LeadPile’s Motion for Terminating Sanctions or, alternatively, Evidentiary Sanctions

27

for Intentional Spoliation of Evidence (Dkt. #241) is DENIED.

28

2. Plaintiff’s Motion for Rule 11 Sanctions (Dkt. #261) is DENIED.
1

1

3. Plaintiff’s Motion to Seal (Dkt. #291) is DENIED without prejudice. Plaintiff filed

2

this motion to seal because Defendant Click Media designated a document attached to

3

Mr. Ochoa’s declaration as Exhibit H confidential under the court’s protective order

4

governing confidentiality. At the hearing, the court gave Click Media until January

5

13, 2015, in which to file a memorandum of points and authorities supporting any

6

request to maintain the document as confidential following the Ninth Circuit standard

7

articulated in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir.

8

2006). If Click Media does not timely comply with the court’s order to file a

9

memorandum supporting the continued treatment of the document as confidential by

10

January 14, 2015, as ordered, the clerk of the court is directed to file the document in

11

the public record.

12

DATED this 12th day of January, 2015.

13
14
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2