Morris et al v. Hernandez et al

Filing 92

ORDER Denying Plaintiffs' 87 Motion to Appoint Guardian ad Litem Without Prejudice and Denying 91 Stipulation to Continue Hearing. Signed by Magistrate Judge Nancy J. Koppe on 12/16/2015. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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J.M.M., et al.,
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Plaintiff(s),
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vs.
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ANDREA HERNANDEZ, et al.,
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Defendant(s).
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Case No. 2:14-cv-01197-JAD-NJK
ORDER
(Docket Nos. 87, 91)

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Pending before the Court is a renewed motion for appointment of Dara Goldsmith as guardian

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ad litem to J.M. and I.M. Docket No. 87. That motion was filed on an emergency basis on December

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4, 2015 and, on the same day, the Court set a hearing on the motion for December 17, 2015 at 9:00 a.m.

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Docket Nos. 87, 88. On December 16, 2015, the parties filed a stipulation to vacate that hearing date

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because Ms. Goldsmith is unavailable and an adjudication of Plaintiffs’ biological mother’s parental

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rights is set for December 30, 2015. Docket No. 91.1 The Court also notes for the record that Plaintiffs’

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biological mother appeared at her deposition recently because the Court received a telephone call from

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counsel regarding several disputes arising during that deposition. As all of this makes clear, the

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circumstances regarding the pending motion for appointment of a guardian ad litem are in flux.

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It is not clear why the stipulation was filed less than 24 hours before the hearing was set to
commence. Especially when they seek emergency treatment of a motion, which generally results in a
disruption of the Court’s calendar, counsel should ensure in the future that they give the Court prompt notice
of any need to reschedule a hearing.

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Rather than setting a new hearing date, the Court finds it more appropriate to deny the motion

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without prejudice. Accordingly, the motion at Docket No. 87 is hereby DENIED without prejudice and

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the stipulation at Docket No. 91 is hereby DENIED as moot.

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IT IS SO ORDERED.

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DATED: December 16, 2015

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______________________________________
_______________________
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NANCY J. KOPPE
CY KOPPE
O PE
United States Magistrate Judge
Magistrate
d
M i ra

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