De Los Reyes et al v. Bank of America, N.A. et al

Filing 19

ORDER that sanctions, including monetary sanctions and a recommendation for civil contempt, shall not be imposed on Michael J. Harker for his failure to comply with a court order in violation of Federal Rule of Civil Procedure 16(f) and Local Rule IA 4-1. Signed by Magistrate Judge Carl W. Hoffman on 4/23/14. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RODRIGO B. DE LOS REYES, et al.,

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Plaintiffs,
vs.
BANK OF AMERICA, N.A., et al.,
Defendants.

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Case No. 2:14-cv-00135-MMD-CWH
ORDER

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This matter is before the Court on Plaintiffs’ Counsel Michael J. Harker’s Response to
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the Order to Show Cause (#18) and Notice of Certification (#17), both filed on April 22, 2014.
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On April 4, 2014, the Court issued an Order denying the parties’ Proposed Discovery Plan and
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Scheduling Order (#11). See Order #12. In doing so, the Court noted that the parties failed to
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comply with Local Rules (“LR”) 26-1 and 26-4. Accordingly, the Court ordered all counsel of
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record, including Michael J. Harker, to submit a notice to the court by April 11, 2014 certifying
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that they have reviewed the corrections listed in the order in addition to LR 26-1. Michael J.
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Harker failed to comply with the Court’s Order. Accordingly, the Court issued an Order to Show
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Cause why Michael J. Harker should not be sanctioned on April 17, 2014. See Order #14.
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After careful review of the response brief and certification that Michael J. Harker has
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reviewed the corrections and LRs 26-1 and 26-4, the Court finds that no sanctions are warranted
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at this time. However, Michael J. Harker is on notice that future violations of LRs 26-1 and 26-4
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or Court orders may result in sanctions.
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Based on the foregoing and good cause appearing therefore,
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IT IS HEREBY ORDERED that sanctions, including monetary sanctions and a
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recommendation for civil contempt, shall not be imposed on Michael J. Harker for his failure to
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comply with a court order in violation of Federal Rule of Civil Procedure 16(f) and Local Rule

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IA 4-1.
DATED this 23rd day of April, 2014.

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C.W. Hoffman, Jr.
United States Magistrate Judge

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