Piovo v. Stone et al

Filing 22

ORDER Unsealing 15 EX PARTE MOTION for Courts Assistance. The Clerk of the Court shall cause the Motion to be served on all parties and probation in this matter. Defendant Robert Stone's address is due within 7 days. Signed by Magistrate Judge George Foley, Jr on 1/16/2014. (Copies have been distributed pursuant to the NEF;CC: Probation - SLR)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 JOSEPH EUGENE PIOVO, ) ) Plaintiff, ) ) vs. ) ) ROBERT STONE, et al., ) ) Defendants. ) __________________________________________) Case No. 2:13-cv-01922-APG-GWF ORDER Motion for Court’s Assistance - #15 13 14 This matter comes before the Court on Plaintiff’s Motion for Court’s Assistance (#15), filed 15 on December 23, 2013. Plaintiff seeks an order directing the United States Office of Probation to 16 release Defendant Robert Stone’s current address, because Plaintiff’s attempts to locate Stone for 17 the purposes of service have been unsuccessful. Plaintiff represents that Defendant Stone was 18 sentenced to 5 years’ probation on March 16, 2010 in United States v. Stone, case no. 2:09-cr- 19 00216-JCM-PAL. 20 Local Rule of Criminal Practice 32-2(a) provides that supervision records are confidential 21 unless permission to distribute them is granted by a district judge, magistrate judge, or chief 22 probation officer. Disclosure of supervision records for purposes other than sentencing “shall be 23 made only upon written application accompanied by [...] a description of the records sought, an 24 explanation of their relevance to the proceedings, and a statement of the reasons why the 25 information [...] is not readily available from other sources[.]” LCR 32-2(c)(1). The Court 26 construes the instant Motion as an application pursuant to LCR 32-2. Plaintiff represents he has 27 been unable to find Stone to serve him, and seeks disclosure of the address Stone has on file with 28 the Probation Office for this purpose. The Court finds Plaintiff has adequately described the 1 information needed and explained why the information is both relevant and unavailable elsewhere. 2 Therefore, the Court will order the U.S. Probation Office to release Stone’s address to Plaintiff. 3 Plaintiff filed this Motion ex parte. An ex parte motion or application is one that is filed 4 with the Court, but is not served upon the opposing or other parties. See Local Rule 7-5(a). All ex 5 parte motions must contain a statement showing good cause why the matter was submitted to the 6 Court without notice to all parties. See Local Rule 7-5(b). Ex parte and emergency motions are 7 distinct. Motions may be submitted ex parte only for compelling reasons, and not for emergency 8 motions. See Local Rule 7-5(b). Emergency motions must be so titled, must state the nature of the 9 emergency, and must certify that good-faith efforts were made to resolve the dispute without Court 10 action. See Local Rule 7-5(d)(1)-(3). Plaintiff makes no statements that show good cause for either 11 an ex parte or emergency designation for the Motion. Accordingly, 12 13 14 15 16 17 18 19 20 IT IS HEREBY ORDERED that the Clerk of the Court shall unseal Plaintiff’s Motion for Court’s Assistance (#15). IT IS FURTHER ORDERED that the Clerk of the Court shall cause the Motion (#15) to be served on all parties in this matter. IT IS FURTHER ORDERED that the Clerk of the Court shall serve a copy of the Motion for Court’s Assistance (#15) on the United States Office of Probation. IT IS FURTHER ORDERED that the Clerk of the Court shall serve a copy of this Order on the United States Office of Probation. IT IS FURTHER ORDERED that the United States Office of Probation shall file the 21 address Defendant Robert Stone has on file for his period of probation as relates to USA v. Stone, 22 case no. 2:09-cr-00216-JCM-PAL, within 7 days of the date of this Order. 23 DATED this 16th day of January, 2014. 24 25 26 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?