Barlow v. Herman et al

Filing 76

ORDER denying without prejudice 71 Motion to Compel; granting 72 Motion to Stay. The case is stayed. The undersigned Magistrate Judge will enter a separate recommendation that Defendants Answer be stricken and default entered in Plaintiffs favor. Signed by Magistrate Judge Carl W. Hoffman on 11/13/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDALL BRUCE BARLOW,

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Plaintiff,
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vs.
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DONALD S. HERMAN, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-00033-JAD-CWH
ORDER

This matter is before the Court on Plaintiff’s Emergency Motion to Compel Depositions (#71)

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and Emergency Motion to Stay (#72), filed October 23, 2014. No response was filed. Generally,

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pursuant to Local Rule 7-2(d), the failure of an opposing party to file points and authorities in

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opposition to a motion constitutes consent to the granting of the motion. However, in this instance, the

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undersigned has determined to grant the relief only in part. Specifically, the request to compel the

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depositions will be denied, but the request to stay discovery and all other deadlines, including the

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deadline to file dispositive motions, will be granted.

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The Court has grown weary of Defendants unwillingness to participate in good faith in this

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litigation. The Court held a hearing on Plaintiff’s emergency motion for an order to show cause on

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September 4, 2014. (#69). It has become even more clear since that time that Defendants have no

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intention of litigating this matter in good faith or complying with the Court’s orders or applicable rules.

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Consequently, the undersigned will be entering a recommendation to the District Judge that

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Defendants’ answer be stricken and default entered. Rather than require Plaintiff to continue to incur
costs, this case will be stayed pending submission of the recommendation and resolution of any

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objection thereto.

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Based on the foregoing and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff’s Emergency Motion to Compel Depositions is

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denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff’s Emergency Motion to Stay (#72) is granted.

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The case is stayed. The undersigned Magistrate Judge will enter a separate recommendation that

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Defendants’ Answer be stricken and default entered in Plaintiff’s favor.

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DATED: November 13, 2014.

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C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE

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