Kalberer v. American Family

Filing 22

ORDER Vacating Hearing and Discharging 17 Order to Show Cause. The Court VACATES the show cause hearing on 2/24/2014 at 11:00 am in Courtroom 3A. Signed by Magistrate Judge Nancy J. Koppe on 02/202/014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JESSE KALBERER,

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Plaintiff(s),

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vs.

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AMERICAN FAMILY MUTUAL
INSURANCE COMPANY, et al.,

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Defendant(s).
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Case No. 2:13-cv-02278-JCM-NJK
ORDER VACATING HEARING
ORDER DISCHARGING
ORDER TO SHOW CAUSE
(Docket No. 17)

Pending before the Court is the order for the attorneys of record to show cause why they

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should not be sanctioned for their numerous violations of the Local Rules and Court order related to

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the filing of a proper discovery plan that comports with the Local Rules. Docket No. 17. The Court

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has received a written response from counsel. Docket No. 18, 20. Counsels’ conduct thus far in this

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litigation falls below the standards expected of the Court, especially when the Court provided

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guidance as to various defects in the initial discovery plan, counsel certified that they reviewed and

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understand the relevant local rules, and then filed another defective discovery plan. As the responses

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to the order to show cause acknowledge, the failure to comply with basic Court rules and orders

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wastes judicial resources and undermines the Court’s ability to control its docket while providing for

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the orderly and expeditious resolution of the matter. These are significant problems.

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Having considered the responses to the order to show cause, the Court concludes that the

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appropriate sanction in this case is an ADMONISHMENT of counsel. As counsel have repeated

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that they now fully understand the applicable Local Rules, the Court further cautions counsel that

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this is their last warning that they must submit discovery plans in accordance with the procedures

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outlined in the Local Rules. Future violations will likely result in the imposition of monetary

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sanctions.

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The Court VACATES the show cause hearing on February 24, 2014, at 11:00 a.m. in
Courtroom 3A.

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IT IS SO ORDERED.

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DATED: February 20, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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