Miller v. Nationwide Mutual Insurance Company et al

Filing 15

ORDER Discharging 10 Order to Show Cause. Signed by Magistrate Judge Nancy J. Koppe on 11/13/2013. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
ELENA MILLER,
11
12
13
14
15

)
)
Plaintiff(s),
)
)
vs.
)
)
NATIONWIDE MUTUAL INSURANCE
)
COMPANY, et al.,
)
)
Defendant(s).
)
__________________________________________)

Case No. 2:13-cv-01659-APG-NJK
ORDER DISCHARGING ORDER
TO SHOW CAUSE
(Docket No. 10)

16
17

Pending before the Court is an order to show cause why the parties and their attorneys should

18

not be sanctioned in court fines for failing to comply with the Local Rules concerning conducting a

19

Rule 26(f) conference and filing a proposed discovery plan. See Docket No. 10.1 The parties have now

20

filed a joint response, indicating that both Plaintiff’s counsel and Defendants’ counsel inadvertently

21

failed to calendar the relevant deadlines. See Docket No. 14 at 2. The parties further argue that

22

sanctions should not be imposed because they were not acting in bad faith. See id. at 4. As an initial

23

matter, the Court notes that bad faith or intentional misconduct is not always required for the

24

imposition of sanctions. See, e.g., Martin Family Trust v. HECO/Nostalgia Enterps. Co., 186 F.R.D.

25

601, 604 (E.D. Cal. 1999) (collecting cases). Nonetheless, the Court finds that monetary sanctions

26
27
28

1

The failure to comply with the Local Rules has not been an isolated occurrence in this case.
See Docket No. 12 (denying second proposed discovery plan for failure to comply with the Local
Rules).

1

should not be imposed in this matter. The Court has now pointed out that counsel’s cavalier approach

2

to complying with the Local Rules was improper and the Court expects moving forward strict

3

compliance with the Local Rules, the Federal Rules of Civil Procedure, and Court orders. Failure to do

4

so may subject the parties and/or counsel to sanctions, up to and including case-dispostive sanctions.

5

IT IS SO ORDERED.

6

DATED: November 13, 2013

7
8

______________________________________
NANCY J. KOPPE
United States Magistrate Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2