Allstate Insurance Company et al v. Shah, MD et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ALLSTATE INSURANCE COMPANY,
RUSSELL J. SHAH, MD, et al.,
Case No. 2:15-cv-01786-APG-CWH
ORDER DENYING MOTION FOR
(ECF No. 73)
The defendants move for sanctions against the plaintiffs, asserting that the plaintiffs did
not conduct an adequate pre-suit investigation. The defendants request sanctions under Federal
Rule of Civil Procedure 11 and the court’s inherent power.
I deny the motion without prejudice to assert it later. Considering the evidence presented,
the amended complaint is not frivolous or without factual basis. In re Keegan Mgmt. Co., Sec.
Litig., 78 F.3d 431, 434 (9th Cir. 1996). Nor is there evidence of bad faith at this time. Fink v.
Gomez, 239 F.3d 989, 994 (9th Cir. 2001). The defendants’ motion is based largely on their
dissatisfaction with the plaintiffs’ discovery responses. The parties are litigating those matters
before the Magistrate Judge.
IT IS THEREFORE ORDERED that the defendants’ motion for sanctions (ECF No. 73)
is DENIED without prejudice.
DATED this 25th day of September, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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