Allstate Insurance Company et al v. Shah, MD et al

Filing 180

ORDER that #73 Defendants' Motion for Sanctions is DENIED without prejudice. Signed by Judge Andrew P. Gordon on 9/25/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALLSTATE INSURANCE COMPANY,
et al.,
Plaintiffs,

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v.
RUSSELL J. SHAH, MD, et al.,

Case No. 2:15-cv-01786-APG-CWH

ORDER DENYING MOTION FOR
SANCTIONS
(ECF No. 73)

Defendants.

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The defendants move for sanctions against the plaintiffs, asserting that the plaintiffs did

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not conduct an adequate pre-suit investigation. The defendants request sanctions under Federal

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Rule of Civil Procedure 11 and the court’s inherent power.

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I deny the motion without prejudice to assert it later. Considering the evidence presented,

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the amended complaint is not frivolous or without factual basis. In re Keegan Mgmt. Co., Sec.

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Litig., 78 F.3d 431, 434 (9th Cir. 1996). Nor is there evidence of bad faith at this time. Fink v.

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Gomez, 239 F.3d 989, 994 (9th Cir. 2001). The defendants’ motion is based largely on their

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dissatisfaction with the plaintiffs’ discovery responses. The parties are litigating those matters

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before the Magistrate Judge.

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IT IS THEREFORE ORDERED that the defendants’ motion for sanctions (ECF No. 73)
is DENIED without prejudice.
DATED this 25th day of September, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE