Walker et al v. North Las Vegas Police Department et al

Filing 153

ORDER Denying without prejudice 150 Amended Motion for Order Fixing Expert Witness Fees. Signed by Magistrate Judge Nancy J. Koppe on 8/14/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS WALKER, et al.,
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Plaintiff(s),
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vs.
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CITY OF NORTH LAS VEGAS, et al.,
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Defendant(s).
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Case No. 2:14-cv-01475-JAD-NJK
ORDER
(Docket No. 150)

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Pending before the Court is Plaintiffs’ renewed motion for an order fixing expert witness fees.

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Docket No. 150. The Court denied Plaintiffs’ initial motion because it failed to show that “[a] prefiling

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conference between counsel that includes personal consultation” had been conducted. Docket No. 146

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(citing Local Rule 26-7(c) and Local Rule IA 1-3(f)). Plaintiffs’ renewed motion indicates that their

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counsel sent a letter to opposing counsel and that a responsive letter has been received. Docket No. 150-

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1 at ¶¶ 10, 14. As the previously cited rules make clear, the exchange of these letters is not sufficient

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to satisfy the pre-filing conference requirement because it lacks “personal consultation”:

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Unless these rules or a court order provides otherwise, this requirement [to meet and

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confer] may only be satisfied through direct dialogue and discussion in a face-to-face

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meeting, telephone conference, or video exchange.

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electronic, or voice-mail communications does not satisfy this requirement.

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Local Rule IA 1-3(f) (emphasis added).

The exchange of written,

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Because the renewed motion for an order fixing expert witness fees continues to fail to establish
that a sufficient pre-filing conference was conducted, it is DENIED without prejudice.

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IT IS SO ORDERED.

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DATED: August 14, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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