Allstate Insurance Company et al v. Belsky et al

Filing 480

ORDER granting ECF Nos. 465 Motion to Seal and 466 Motion to permit the deposition transcript. Plaintiff's must file a redacted copy of the motion to permit the deposition transcript of non-party witness Loretta Muir to be used in accordance with FRCP 32(a)(4)(E) within seven (7) days of this Order (5/5/2021). Signed by Chief Judge Miranda M. Du on 4/28/2021. (Copies have been distributed pursuant to the NEF - SC)

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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.,

Case No. 2:15-cv-02265-MMD-DJA
ORDER

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Plaintiffs,
v.

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MARJORIE BELSKY, MD, et. al.,
Defendants.

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Before the Court is Plaintiffs’ motion to seal (ECF No. 465) and Plaintiffs’ motion

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to permit the deposition transcript of non-party witness Loretta Muir to be used in

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accordance with FRCP 32(a)(4)(E), or in the alternative, a motion in limine to deem

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admissible deposition transcript (ECF No. 466). Because Defendants have failed to

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object, as further explained below, the Court grants the motions.

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The time for Defendants to respond to the motions has long expired and to date,

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Defendants have failed to respond. Opposition to the motions were due February 16,

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2021,14 days from the date the motions were filed. (ECF Nos. 465, 466.) LR 7-2(d)

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provides that "[t]he failure of an opposing party to file points and authorities in response

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to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees,

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constitutes a consent to the granting of the motion." Thus, Plaintiffs’ motions are properly

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granted under LR 7-2(d) because Defendants have failed to oppose them.1 However,

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Plaintiffs must file a redacted version of their motion to permit the deposition transcript of

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non-party witness Loretta Muir (ECF No. 466) for the public record pursuant to LCR IC 6-

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1.

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1The

Court specifically grants the motion to permit the deposition transcript of nonparty witness Loretta Muir in accordance with FRCP 32(a)(4)(E) and not in the alternative.

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It is therefore ordered that Plaintiffs’ motion to seal (ECF No. 465) is granted.

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It is further ordered that Plaintiffs’ motion to permit the deposition transcript of non-

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party witness Loretta Muir to be used in accordance with FRCP 32(a)(4)(E) (ECF No.

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466) is granted.

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It is further ordered that Plaintiffs must file a redacted copy of the motion to permit

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the deposition transcript of non-party witness Loretta Muir to be used in accordance with

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FRCP 32(a)(4)(E) within seven days of this Order.

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DATED THIS 28th Day of April 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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