Small et al v. University Medical Center of Southern Nevada

Filing 184

ORDER denying 150 and 180 without prejudice. Signed by Magistrate Judge Peggy A. Leen on 8/4/2014. (Copies have been distributed pursuant to the NEF - DKJ)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

DANIEL SMALL, et al.,

8

Plaintiffs,

ORDER

v.

9
10

Case No. 2:13-cv-00298-APG-PAL

UNIVERSITY MEDICAL
SOUTHERN NEVADA,

11

CENTER

OF

Defendants.

12
13

There are two pending discovery motions on the court’s docket relating to ESI and

14

discovery disputes, Plaintiffs’ Motion for Sanctions (Dkt. #150) and Plaintiffs’ Emergency

15

Motion and Request for a Status Conference (Dkt. #180). Briefing on the first motion is

16

completed. The defendants’ response is not yet due on the second motion.

17

On March 3, 2014, the court entered a written Order (Dkt. #149) appointing Daniel

18

Garrie as a Special Master for electronic discovery in this case.

19

conducted fourteen days of hearings between April 4, 2014, and July 25, 2014, with counsel, the

20

parties’ representatives, and consultants. In an Order (Dkt. #183) filed July 31, 2014, the Special

21

Master required the Plaintiffs and Defendants to provide detailed information described in the

22

order, set a briefing schedule for supplemental briefs extending the deadline to August 6, 2014,

23

and indicated that he would file his report and recommendation during the week of August 11,

24

2014.

The Special Master has

25

The two pending motions are inextricably intertwined with the work that the Special

26

Master has been doing and continues to do. While the Special Master has indicated that there are

27

issues that this court must resolve that are outside the scope of his appointment, the court will not

28

rule on these motions before the special master’s report and recommendation is submitted.
1

1

Without the Special Master’s report the court lacks the detailed information about the parties’

2

ESI discovery issues which resulted in the Special Master’s appointment. Accordingly,

3

IT IS ORDERED that:

4

1.

Plaintiffs’ motions (Dkt. ##150, 180) are DENIED without prejudice.

5

2.

When the Special Master’s report and recommendation is received, the court will

6

enter an appropriate order or report and recommendation, and if appropriate, give the parties an

7

opportunity to address any remaining ESI or other discovery disputes.

8

DATED this 4th day of August, 2014.

9
10
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2