Witt v. Hampton & Hampton et al

Filing 27

ORDER Granting Plaintiff's 21 Motion to Compel Silverstone Ranch Community Association to Respond to Plaintiff's Subpoena Duces Tecum. Silverstone Ranch Community Association's Responses due by 6/9/2014. The Motion Hearing set for 5/12/2014 on Plaintiff's 21 Motion to Compel is Vacated. Signed by Magistrate Judge George Foley, Jr on 5/8/2014. (Copies have been distributed pursuant to the NEF - copy of Order mailed to Silverstone Ranch Community Association - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK W. WITT,
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Plaintiff,
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vs.
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HAMPTON & HAMPTON, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-02344-GMN-GWF
ORDER
Motion to Compel (#21)

This matter is before the Court on Plaintiff’s Motion to Compel Non-Party Silverstone Ranch

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Community Association’s (“Silverstone”) Response to Plaintiff’s Subpoena Duces Tecum (#21), filed

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on April 9, 2014. No opposition was filed in this matter.

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This case involves the non-judicial foreclosure sale of Plaintiff’s residence. See Doc. #21 at pg.

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3 ¶ 4. Non-party Silverstone is the homeowner’s association for the residence. Id. at pg. 5 ¶ 8.

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Plaintiff served Silvertsone with a subpoena duces tecum on February 10, 2014. See Doc. #21 at pg. 3 ¶

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6. Therein, Plaintiff requested Silverstone produce certain documents on or before March 5, 2014 that

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are pertinent to the pending litigation. Id. Plaintiff alleges that Silverstone did not object to the

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Supboena nor has it produced the requested documents. Id. at ¶ 7. Plaintiff’s attempts to contact

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Silverstone have been futile. Id. at ¶¶8-9. Plaintiff wishes to review the documents identified in his

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subpoena duces tecum before proceeding with any depositions. See Doc. #19 at pg. 5 ¶¶ 11-15.

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Plaintiff therefore moves the Court to compel non-party Silverstone to respond to his requests in the

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subpoena duces tecum See Doc. #21 at pg. 3 ¶ 6.

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Rule 45(d)(2)(B) states that a person commanded to produce documents may serve on the party

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designated in the subpoena a written objection . The objection must be served before the earlier of the

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time specified for compliance or 14 days after the subpoena is served. See Fed. R. Civ. P. 45(d)(2)(B).

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Furthermore, Rule 45(d)(2)(B)(ii) permits the serving party to move the Court for an order compelling

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production where compliance is required.

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Here, Plaintiff served Silverstone with a subpoena duces tecum on February 10, 2014, therein

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requesting the production of certain documents pertinent to the pending litigation. Silverstone neither

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objected to nor produced the documents requested. Despite numerous telephone calls and written

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correspondence from Plaintiff’s counsel, Silverstone continues to flout its duty to respond.

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Furthermore, after receiving a notice of hearing on Plaintiff’s pending motion to compel, neither

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opposing counsel nor Silverstone filed an opposition in the matter. Local Rule 7-2(d) states that the

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failure of an opposing party to file points and authorities in response to any motion shall constitute a

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consent to the granting of the motion. The Court therefore finds good cause to grant Plaintiff’s motion

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to compel. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel Silverstone Ranch Community

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Association’s Response to Plaintiff’s Subpoena Duces Tecum (#21) is granted. Silverstone Ranch

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Community Association shall have until June 9, 2014 to respond to Plaintiff’s subpoena duces tecum.

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IT IS FURTHER ORDERED that the Clerk of the Court mail a copy of this order to

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Silverstone Ranch Community Association at the following address:

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Silverstone Ranch Community Association
c/o First Service Residential Nevada, LLC
8290 Arville Street
Las Vegas, Nevada 89139

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IT IS FURTHER ORDERED that the motion hearing set for Monday, May 12, 2014 on
Plaintiff’s Motion to Compel (#21) is vacated.
DATED this 8th day of May, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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