Securities and Exchange Commission v. Inteligentry, LTD et al

Filing 225

ORDER Denying Defendant John Rohner's 190 Motion to Provide a Court Order to Provide Banking Records and Business Records for Michael G. Girouard, Unity International and All Others Associated with Same. Signed by Magistrate Judge Nancy J. Koppe on 9/15/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SECURITIES AND EXCHANGE
COMMISSION,

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Presently before the Court is Defendant John Rohner’s Motion to Provide a Court Order to

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Provide Banking Records and Business Records for Michael G. Girouard, Unity International and

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All Others Associated with Same. Docket No. 190. The Court has considered Defendant’s motion,

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Plaintiff’s opposition, and Defendant’s response. Docket Nos. 190, 199, 205. The Court finds that

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this motion is appropriately resolved without oral argument. See Local Rule 78-2.

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Plaintiff(s),
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vs.

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INTELIGENTRY, LTD., et al.,

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Defendant(s).

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2:13-cv-00344-RFB-NJK

ORDER
(Docket No. 190)

BACKGROUND

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On March 28, 2014, pro se Defendant John Rohner filed his Motion to Provide a Court Order

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to Provide Banking Records and Business Records for Michael G. Girouard, Unity International and

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All Others Associated with Same. Docket No. 190. Rohner is requesting the Court to release “all

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records from any financial institution associated or belonging to Michael G. Girouard and his

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businesses and his Unity International business from January 1, 2009 to current.” Id., at 1. Rohner

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represents that this information will be necessary if PlasmERG, Inc. (Nevada) is liable as successor

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in interest for the activities of PlasmERG, Inc. (Iowa). Id., at 3-4.
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DISCUSSION
Defendant Rohner has not indicated under what rule or authority he believes the Court

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should act. If Rohner is requesting that the Court compel the SEC to produce additional

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documentation under Rule 37, he has not shown that there is an outstanding discovery request and

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that he properly met and conferred with the SEC prior to bringing his motion. See Fed.R.Civ.P.

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37(a)(2)(B); LR 26-7(b); ShuffleMaster, Inc. v. Progressive Games, Inc., 170 F.R.D. 166, 171 (D.

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Nev. 1996). Pursuant to Local Rule 7-2(d), “[t]he failure of a moving party to file points and

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authorities in support of the motion shall constitute a consent to the denial of the motion.” The Court

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has previously warned Rohner that such a failure may result in a denial of the motion. See Docket

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No. 113, at 3. Accordingly, as the Court cannot identify under what authority Rohner is requesting

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relief in the present motion, his motion is denied.

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CONCLUSION

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Based on the foregoing, and good cause appearing therefore,

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IT IS HEREBY ORDERED that Defendant John Rohner’s Motion to Provide a Court Order

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to Provide Banking Records and Business Records for Michael G. Girouard, Unity International and

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All Others Associated with Same (Docket No. 190) is DENIED.

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DATED: September 15, 2014

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NANCY J. KOPPE
United States Magistrate Judge

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