Greene v. Wal-Mart Stores, Inc.

Filing 14

ORDER Denying without prejudice Defendant's 13 Motion for Sanctions re Discovery. Signed by Magistrate Judge Nancy J. Koppe on 10/15/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JACKIE GREENE,
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Plaintiff(s),
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vs.
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WAL-MART STORES, INC.,
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Defendant(s).
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Case No. 2:15-cv-00677-JAD-NJK
ORDER
(Docket No. 13)

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Pending before the Court is Defendant’s motion for dismissal sanctions. Docket No. 13. That

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motion is hereby DENIED without prejudice. Defendant is permitted to renew its motion, but any

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renewed motion must explain whether a finding of willfulness, fault, or bad faith is required for the relief

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sought. See R&R Sails, Inc. v. Insurance Co. of Penn., 673 F.3d 1240, 1247 (9th Cir. 2012) (“because

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the sanction amounted to dismissal of a claim, the district court was required to consider whether the

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claimed noncompliance involved willfulness, fault, or bad faith”). If so, the renewed motion must

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explain why Defendant believes such a finding is proper in this case.

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IT IS SO ORDERED.

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DATED: October 15, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge