Le et al v. Zuffa, LLC

Filing 442

ORDER re #436 , #437 Letters. IT IS ORDERED that plaintiffs are authorized to serve a subpoena and subpoena duces tecum to secure the testimony of Matt Hume, and obtain discoverable documents. Signed by Magistrate Judge Peggy A. Leen on 6/29/17. (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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***

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CUNG LE, et al.,

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v.

Case No. 2:15-cv-01045-RFB-PAL
Plaintiffs,

ORDER
(Letters – ECF Nos. 436, 437)

ZUFFA, LLC, et al.,
Defendants.

Before the court is Plaintiffs’ Letter Regarding Clarification (ECF No. 436), and
Defendants’ Letter in Response (ECF No. 437).

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At the June 1, 2017 status and dispute resolution conference the court granted plaintiffs’

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request for a 60-day extension of the discovery deadline extending fact discovery until July 31,

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2017. The court also granted defendants’ request to impose some limitations on the amount and

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type of discovery the plaintiffs could conduct. The hearing lasted for nearly 3 hours. The

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courtroom administrator reduced the court’s rulings to a short summary. A 117-page hearing

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transcript memorializes exactly what the court ruled. However, the court is informed that, although

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provided with excerpts of the hearing transcript, counsel for non-party Matt Hume has stated that

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“If you wish to serve Mr. Hume with a subpoena or a subpoena duces tecum, you will first need

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to seek clarification or reconsideration of the Minute Order.” To take this position after seeing

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what the court actually said suggests counsel either lacks sufficient litigation experience to

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recognize that a Minute Order is a brief summary prepared by a court clerk, or that counsel is being

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deliberately obstreperous. The position taken that apparently necessitates this order has interrupted

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the court’s work on matters for other litigants waiting their turn for decisions, and is frankly

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disrespectful. To foreclose any further need for “reconsideration” or “clarification,” yes, counsel,

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the court authorized service of a subpoena and subpoena duces tecum on Matt Hume. If counsel’s
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intention was to delay or prevent the discovery from going forward by the passage of the time it

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would take the court to consider the matter, the tactic will fail. If necessary, the court will grant

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plaintiffs an extension of time to obtain this discovery.

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Having reviewed and considered the matter,

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IT IS ORDERED that plaintiffs are authorized to serve a subpoena and subpoena duces

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tecum to secure the testimony of Matt Hume, and obtain discoverable documents.
DATED this 29th day of June, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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