Islas v. US Bank Trust National Association

Filing 26

ORDER Denying without prejudice 21 Motion to Compel. All existing discovery plan and scheduling order deadlines are stayed until 3/4/2014. Plaintiff shall have until 3/4/2014 in which to retain substitute counsel or file a statement with the court indicating he will be appearing pro se. Status hearing set for 3/25/2014 at 9:30 a.m. Signed by Magistrate Judge Peggy A. Leen on 1/22/2014. (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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FRANCISCO ISLAS,

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Plaintiff,
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vs.
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US BANK TRUST NATIONAL ASSOCIATION, )
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Defendant.
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__________________________________________)

Case No. 2:13-cv-00379-LDG-PAL
ORDER

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Before the court is Defendant’s Motion to Compel Discovery from Plaintiff (Dkt. #21). The

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court set the matter for hearing January 21, 2013. Kent Larson appeared on behalf of the Defendant,

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and the Plaintiff, who is represented by counsel, appeared in person. His counsel, David Bryce Finley,

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did not file a response to the motion, or appear at the hearing. The courtroom administrator’s two

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attempts to reach him at the number provided in the pleadings was unsuccessful, and the number

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disconnected after one ring.

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The motion to compel sought an order compelling the Plaintiff to appear for his deposition,

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participate in discovery, and sanctions. Plaintiff failed to appear for a scheduled deposition and his

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counsel did not respond to repeated requests for personal consultation. The Plaintiff sent the court a

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letter (Dkt. #23) indicating that he was very upset because he had tried countless times to reach his

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attorney with no success. He wrote the letter after coming to the courthouse, reviewing the docket and

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learning this motion had been filed. During the hearing, Mr. Islas indicated that he had been attempting

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to reach his lawyer since July 2013. However, Mr. Finley has not responded to telephone calls and has

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not been in his office. Mr. Larsen also indicated that he had had no contact with Mr. Finley since July

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2013. The motion to compel was filed because, although a motion to dismiss has been under

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submission for a number of months, the discovery cutoff is set to expire. The Plaintiff requested an

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opportunity to retain new counsel.

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Having reviewed and considered the matter,

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IT IS ORDERED that:

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1.

The Motion to Compel (Dkt. #21) is DENIED without prejudice.

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2.

All existing discovery plan and scheduling order deadlines are stayed until March 4,

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2014.
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make an appearance in accordance with the Local Rules of Practice, or file a statement

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Plaintiff shall have until March 4, 2014, in which to retain substitute counsel who shall

with the court indicating he will be appearing pro se.
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A status hearing is set for Tuesday, March 25, 2014 at 9:30 a.m. At the status hearing,

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the court will hear from the parties regarding the discovery needed to prepare this case

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for trial, and enter an adjusted discovery plan and scheduling order.

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Dated this 22nd day of January, 2014.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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