Baum v. State Farm Mutual Automobile Insurance Company

Filing 16

ORDER. IT IS HEREBY ORDERED that a hearing on Defendant's 15 Emergency Motion to Compel Rule 35 Examination and Extend Discovery is scheduled for 10:00 a.m., 05/06/2016, in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 03/15/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUSTIN BAUM,
Plaintiff,

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vs.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,

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2:15-cv-01917-APG-VCF
ORDER

Defendant.
Before the court is Defendant's Emergency Motion to Compel Rule 35 Examination and Extend
Discovery (#15).

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Pursuant to Local Rule 7-5(d), “[w]ritten requests for judicial assistance in resolving an emergency

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dispute shall be entitled “Emergency Motion” and be accompanied by an affidavit setting forth: (1) The

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nature of the emergency; (2) The office addresses and telephone numbers of movant and all affected

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parties; and, (3) A statement of movant certifying that, after personal consultation and sincere effort to do

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so, movant has been unable to resolve the matter without Court action. The statement also must state when

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and how the other affected party was notified of the motion or, if the other party was not notified, why it

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was not practicable to do so. If the nature of the emergency precludes such consultation with the other

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party, the statement shall include a detailed description of the emergency, so that the Court can evaluate

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whether consultation truly was precluded. It shall be within the sole discretion of the Court to determine

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whether any such matter is, in fact, an emergency.”

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Here, after review of the motion and declaration, the Court finds that the instant motion is not an

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emergency and will not expedite the briefing schedule because discovery cut-off is July 25, 2016 and the

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last date for disclosure of experts is May 25, 2016. (#13). There is sufficient time to brief this motion in

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the ordinary course.

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Accordingly,

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IT IS HEREBY ORDERED that a hearing on Defendant's Emergency Motion to Compel Rule 35

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Examination and Extend Discovery (#15) is scheduled for 10:00 a.m., May 6, 2016, in courtroom 3D.
DATED this 15th day of March, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE