Werbicky et al v. Green Tree Servicing, LLC

Filing 112

ORDER that all parties and counsel are to refrain from calling chambers. No later than November 19, 2014, Mr. Werbicky must provide certification that he has completed the CM/ECF tutorial. The Court hereby CONTINUES the November 14, 2014 deadline for Plaintiffs to comply with 101 Order to November 21, 2014. Signed by Magistrate Judge Nancy J. Koppe on 11/12/2014. (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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ROBERT E. WERBICKY, et al.,
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Plaintiff,
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vs.
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GREEN TREE SERVICING, LLC, et al.,
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Defendants.
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Case No. 2:12-cv-01567-JAD-NJK
ORDER

On October 29, 2014, the Court ordered Plaintiffs to properly refile their submission that had

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been filed at Docket No. 57. See Docket No. 101. In particular, the Court stated that it “hereby

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ORDERS Plaintiffs to refile, no later than November 6, 2014, Docket No. 57 and all exhibits

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attached thereto on the public docket, except that Exhibit 6 should be filed under seal.” See id. at 2.

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The Court specifically ordered that Exhibit 6 be filed under seal, and not be submitted for in camera

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review. See id. (“To be clear, Exhibit 6 must be filed under seal, and Plaintiffs shall not submit a

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copy of Exhibit 6 to chambers for in camera review” (emphasis in original)). In response to that

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order, Plaintiffs refiled the majority of Docket No. 57 on the docket, but did not file Exhibit 6 under

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seal as ordered. Instead, Plaintiffs filed a placeholder indicating that Exhibit 6 was provided for in

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camera review. See Docket No. 108.

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Because Plaintiffs failed to comply with the Court’s order at Docket No. 101, the Court

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issued a minute order indicating that they were required to fully comply with that order no later than

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November 14, 2014. See Docket No. 111. In response to that minute order, on November 12, 2014,

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Plaintiff Robert Werbicky (an attorney who is proceeding on his own behalf in this case) telephoned

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the undersigned’s chambers indicating, inter alia, that the does not know how to file a document

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under seal. See also Docket No. 75 at 3 (filing by Mr. Werbicky indicating that “[t]he undersigned

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did not know how to file under seal”).

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Mr. Werbicky’s telephone call to chambers raises two problems. First, parties and counsel

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are generally prohibited from contacting chambers ex parte. Local Rule 7-6(a). All parties and

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counsel are hereby ORDERED to refrain from calling chambers. The Court further reminds the

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parties and counsel that they must abide by the local rules and court orders, and that failure to do so

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may result in severe sanctions, including dismissal of a party’s claims. See, e.g., Local Rule IA 4-1.

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Second, filing documents on the CM/ECF system is not difficult. In light of Mr. Werbicky’s

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repeated assertions that he is unaware how to file under seal, the Court ORDERS that, no later than

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November 19, 2014, Mr. Werbicky must provide certification that he has completed the CM/ECF

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tutorial and is familiar with Electronic Filing Procedures, Best Practices, and the Civil & Criminal

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Events Menu that are accessible on this Court’s website, www.nvd.uscourts.gov. To the extent Mr.

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Werbicky continues to lack sufficient knowledge on how to file a document under seal, he may

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contact the CM/ECF Help Desk at [phone]. In light of the above, the Court hereby

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CONTINUES the November 14, 2014 deadline for Plaintiffs to comply with Docket No. 101 to

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November 21, 2014.

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IT IS SO ORDERED.

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DATED: November 12, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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