Nunez v. Harper et al

Filing 96

ORDER that the Clerk of the Court shall seal 90 MOTION to Strike Documents Produced Late in Discovery. Defendants shall refile their motion by 11/25/2014. Denying without prejudice 91 Motion to exclude documents produced following the close of discovery. Signed by Magistrate Judge Nancy J. Koppe on 11/18/2014. (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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LYNNEVE NUNEZ,

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Pending before the Court is Defendants’ motion to exclude documents produced late in

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discovery. Docket No. 90. Plaintiff filed her opposition on November 14, 2014. Docket No. 94.

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Defendants’ motion does not comply with Federal Rule of Civil Procedure 5.2(a) as it contains

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improper confidential information.1 Rule 5.2 provides that a filing with the Court should not contain

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an individual’s social-security number or birth date. Fed.R.Civ.P. 5.2(a). Accordingly, the Clerk

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of the Court shall seal Defendants’ motion to exclude documents produced late in discovery (Docket

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No. 90).

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Plaintiff(s),
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vs.
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TERRY CHARLES HARPER, et al.,
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Defendant(s).

Case No. 2:13-cv-00392-GMN-NJK
ORDER
(Docket Nos. 90, 91)

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Also before the Court is Defendants’ motion to exclude documents produced following the

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close of discovery. Docket No. 91. “Defendants anticipate that Plaintiff will attempt to introduce

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Unless the court orders otherwise, in an electronic or paper filing with the court that
contains an individual’s social-security number, taxpayer-identification number, or birth date, the
name of an individual known to be a minor, or a financial-account number, a party or nonparty
making the filing may include only:
(1) the last four digits of the social-security number and taxpayer-identification number;
(2) the year of the individual’s birth;
(3) the minor’s initials; and
(4) the last four digits of the financial-account number.

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records related to [a recent shoulder surgery] and potentially other additional treatment at trial. Id.,

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at 3 (emphasis added). Defendants represent that since discovery is closed, they will not have

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“opportunity to properly evaluate and respond to these records, assuming any such records are

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supplemental or disclosed by Plaintiff prior to trial.” Id., at 6 (emphasis added). As such,

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Defendants’ motion is premature since the records they are seeking to exclude have not been

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disclosed by Plaintiff.

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Based on the foregoing,

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IT IS SO ORDERED:

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1.

The Clerk of the Court shall seal the following document: Docket No. 90.

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2.

No later than November 25, 2014, Defendants shall refile their motion to exclude

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documents produced late in discovery (Docket No. 90) with the appropriate

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redactions of confidential information.

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3.

Defendants’ motion to exclude documents produced following the close of discovery
(Docket No. 91) is DENIED without prejudice.

DATED: November 18, 2014

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NANCY J. KOPPE
United States Magistrate Judge

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