Lasko v. American College of Phlebology et al

Filing 29

ORDER. IT IS HEREBY ORDERED that 15 Petition Regarding Damages and 16 Request for Sanctions for Fraudulent Misrepresentation and Obstruction of Justice are DENIED. Signed by Magistrate Judge George Foley, Jr on 11/19/15. (Copies have been distributed pursuant to the NEF - TR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11
12

REVEREND DOCTOR KEITH ALAN LASKO,
M.D., etc.,

)
)
)
Plaintiff,
)
)
vs.
)
)
AMERICAN COLLEGE OF PHLEBOLOGY,
)
et al.,
)
)
Defendants.
)
__________________________________________)

Case No. 2:15-cv-01538-JCM-GWF
ORDER
Petition Regarding Damages (#15)
and Request for Sanctions (#16)

13
14

This matter is before the Court on Plaintiff’s Petition Regarding Damages and Request for

15

Sanctions for Fraudulent Misrepresentation and Obstruction of Justice by American College of

16

Phlebology (#15, #16). Defendants filed an Opposition to Plaintiff’s Motion for Sanctions (#19)

17

which is directed at Docket Nos. 15 and 16. No reply briefs have been filed.

18

Plaintiff seeks sanctions on the grounds that Defendants agreed to accept service of the

19

summons and complaint on behalf of Defendant Mangesh Tarte, M.D., but Defendants now claim

20

that they and their counsel do not represent Dr. Tarte and have notified Plaintiff that he has not been

21

properly served. The exhibits attached to Plaintiff’s Petition and Request do not establish that

22

Defendants or their counsel accepted service on behalf of Dr. Tarte. The Court, therefore, finds no

23

basis to impose sanctions on Defendants. Accordingly,

24

...

25

...

26

...

27

...

28

...

1

IT IS HEREBY ORDERED that Plaintiff’s Petition Regarding Damages and Request for

2

Sanctions for Fraudulent Misrepresentation and Obstruction of Justice by American College of

3

Phlebology (#15, #16) are denied.

4

DATED this 19th day of November, 2015.

5
6
7

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2