Lasko v. American Board of Surgery, Inc. et al

Filing 155

ORDER Denying 137 Plaintiff's Motion for Discovery of Relationship of Theresa Bevilacqua and Defendant Gabriel L. Bevilacqua. IT IS FURTHER ORDERED that 141 Plaintiff's Request for Discovery is DENIED. IT IS FURTHER ORDERED that 149 Defendants' Motion to Strike is DENIED as moot. IT IS FURTHER ORDERED that 151 Plaintiff's Motion for Issuance of Subpoenas is DENIED. IT IS FURTHER ORDERED that Plaintiff shall cease filing motions requesting discovery of any kind while discovery remains stayed in this case. Failure to comply with this order may result in the imposition of sanctions. Signed by Magistrate Judge Nancy J. Koppe on 8/28/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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KEITH ALAN LASKO,
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Plaintiff,
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vs.
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AMERICAN BOARD OF SURGERY,
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Defendants.

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Case No. 2:13-cv-01893-JAD-NJK
ORDER

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Pending before the Court is Plaintiff’s Motion for Discovery of Relationship of Theresa

15 Bevilacqua and Defendant Gabriel L. Bevilacqua. Docket No. 137. The Court has considered Plaintiff’s
16 motion, the response of Defendants Bevilacqua and Saul Ewing, and the response filed by Defendants
17 American Board of Surgery, Bevilacqua, Buyske, Cofer, Lewis, Mahvi and Malangoni. Docket Nos.
18 137, 142, 143. Plaintiff did not file a reply. See Docket.1
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Also pending before the Court is Plaintiff’s Request for Discovery. Docket No. 141. The Court

20 has considered Plaintiff’s motion, and the response filed by Defendants Bevilacqua and Saul Ewing.
21 Docket Nos. 141, 146. Plaintiff did not file a reply. See Docket. The Court has also considered the
22 Motion to Strike Plaintiff’s motion for discovery filed by Defendants American Board of Surgery,
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Plaintiff claims he needs discovery of the relationship between Theresa Bevilacqua and Defendant
Bevilacqua because Theresa Bevilacqua works for the law firm of Dorsey and Whitney LLP, a firm that
Plaintiff assumes is the former workplace of United States District Judge Jennifer A. Dorsey, so that he
can determine if Judge Dorsey has a conflict in the instant case. Docket No. 137, at 1-2. The Court takes
judicial notice of Judge Dorsey’s biography on the District of Nevada website, which indicates that she
worked for the law firm of Kemp, Jones and Coulthard LLP, and not for Dorsey and Whitney LLP.
Docket No. 142-2, at 2. Plaintiff’s motion is therefore based on an assumption that is not accurate.

1 Bevilacqua, Buyske, Cofer, Lewis, Mahvi and Malangoni, Plaintiff’s response, and Defendants’ reply.
2 Docket Nos. 149, 153, 154.
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Additionally, pending before the Court is Plaintiff’s Motion for Issuance of Subpoenas, filed

4 August 18, 2014. Docket No. 151. Defendants’ responses are not yet due. Id.
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On June 9, 2014, the Court granted Defendant Goldberg’s motion to stay discovery, pending

6 resolution of Defendant Goldberg’s motion to dismiss. Docket No. 115. That same day, the Court
7 granted Defendants American Board of Surgery, Cofer, Mahvi, Lewis, Buyske, Malangoni, Bevilacqua,
8 and Saul Ewing’s joint motion to stay discovery, as well as Defendant American Board of Internal
9 Medicine’s joinder to the joint motion to stay discovery, pending resolution of their motions to dismiss.
10 Docket No. 116. The relevant motions to dismiss (Docket Nos. 21, 36, 43, 44) have not yet been
11 resolved and, therefore, discovery in this case remains stayed.
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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Discovery of Relationship of Theresa

14 Bevilacqua and Defendant Gabriel L. Bevilacqua (Docket No. 137) is DENIED.
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IT IS FURTHER ORDERED that Plaintiff’s Request for Discovery (Docket No. 141) is

16 DENIED.
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IT IS FURTHER ORDERED that Defendants’ Motion to Strike Plaintiff’s Motion for

18 Discovery (Docket No. 149) is DENIED as moot.
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IT IS FURTHER ORDERED that Plaintiff’s Motion for Issuance of Subpoenas (Docket No.

20 151) is DENIED.
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IT IS FURTHER ORDERED that Plaintiff shall cease filing motions requesting discovery of

22 any kind while discovery remains stayed in this case. Failure to comply with this order may result in
23 the imposition of sanctions.
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IT IS SO ORDERED.

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DATED: August 28, 2014.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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