Schneider v. Walgreen Co.

Filing 21

ORDER that sanctions, including monetary sanctions and a recommendation for civil contempt, shall not be imposed on Bryan A. Boyack for his failure to comply with a court order in violation of Federal Rule of Civil Procedure 16(f) and Local Rule IA 4-1. Signed by Magistrate Judge Carl W. Hoffman on 01/24/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SANDRA SCHNEIDER,

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Plaintiff,
vs.
WALGREEN CO.,

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Defendant.

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Case No. 2:13-cv-01518-MMD-CWH
ORDER

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This matter is before the Court on Bryan A. Boyack’s Response to the Order to Show
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Cause (#20) and Notice (#19), both filed on January 23, 2014. On January 9, 2014, the Court
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issued an Order granting with modifications the parties’ Proposed Discovery Plan and
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Scheduling Order (#15). See Order #16. In doing so, the Court noted that the parties failed to
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comply with Local Rules (“LR”) 26-1 and 26-4. Accordingly, the Court ordered all counsel of
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record, including Bryan A. Boyack, to submit a notice to the court by January 22, 2014 certifying
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that they have reviewed the corrections listed in the order in addition to LR 26-1 and LR 26-4.
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Bryan A. Boyack failed to comply with the Court’s Order. Accordingly, the Court issued an
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Order to Show Cause why Bryan A. Boyack should not be sanctioned.
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After careful review of the response brief and certification that Bryan A. Boyack has
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reviewed the corrections and LR 26-1 and LR 26-4, the Court finds that no sanctions are
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warranted at this time. Bryan A. Boyack ensured the Court that future orders will be complied
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with in a timely manner. Additionally, Bryan A. Boyack promptly responded to the Court’s
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Order to Show Cause and explained that the failure to comply was due to an unintentional
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oversight.
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Based on the foregoing and good cause appearing therefore,
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IT IS HEREBY ORDERED that sanctions, including monetary sanctions and a

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recommendation for civil contempt, shall not be imposed on Bryan A. Boyack for his failure to

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comply with a court order in violation of Federal Rule of Civil Procedure 16(f) and Local Rule

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IA 4-1.

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DATED this 24th day of January, 2014.

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C.W. Hoffman, Jr.
United States Magistrate Judge

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