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