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

Filing 217

ORDER Denying 214 Motion for Limited Discovery. Signed by Judge Jennifer A. Dorsey on 3/20/2015. (Copies have been distributed pursuant to the NEF - DC)

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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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Case No.: 2:13-cv-1893-JAD-NJK
Order
[# 214]

v.
American Board of Internal Medicine,

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Defendant

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On March 18, 2015, pro se plaintiff “the Reverend Doctor Keith Alan Lasko, M.D., Doctor

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of Divinity (Hon.), Minister of the First Church of the Epiphany and Minister of the Worldwide

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Ministries of Jesus Christ” moved for leave to seek limited discovery from the American Board of

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Medical Specialties (“Specialties”). Doc. 214. The next day, I entered an omnibus order that, inter

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alia, denied Lasko’s motion for leave to file an amended complaint, dismissed all claims against

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Specialties, and explicitly informed Lasko that while he could seek to amend his complaint one more

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time against the American Board of Internal Medicine, his claims against Specialties are over. Doc.

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216 at 13.

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Although Specialties has not yet responded to Lasko’s request for leave to conduct this

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additional discovery, Doc. 214, in the interests of judicial economy I resolve the motion now.

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Lasko’s request seeks permission to propound what amounts to an interrogatory under Federal Rule

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of Civil Procedure 33. Rule 33 provides a mechanism to propound interrogatories only on a “party.”

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Because Specialties is no longer—and will never again be—a party in the case, Lasko may not

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propound Rule 33 interrogatories on Specialties. Accordingly, this motion is denied.1

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In resolving Lasko’s motion on this basis, I am by no means concluding that the discovery
request was otherwise procedurally appropriate.
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Conclusion
It is HEREBY ORDERED that Lasko’s Motion for Limited Discovery [Doc. 214] is
DENIED.
DATED: March 20, 2015

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_________________________________
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Jennifer A. Dorsey
ennifer Dorsey
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United States District Judge
ed States
d tate
tate
Judge
udge

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