Estate of Kathy Ritner et al v. Clark County et al

Filing 28

ORDER denying without prejudice 27 Emergency Motion to Compel. Signed by Magistrate Judge Carl W. Hoffman on 6/21/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ESTATE OF KATHY RITNER, et al.,

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Plaintiffs,
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vs.
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LAS VEGAS METROPOLITAN POLICE
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DEPARTMENT, et al.,
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Defendants.
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__________________________________________)

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Case No. 2:15-cv-02444-APG-CWH
ORDER

Presently before the Court is Defendants Las Vegas Metropolitan Police Department and

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Sheriff Doug Gillespie’s Emergency Motion to Compel Responses and Answers to Said

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Defendants’ First Set of Written Discovery (ECF No. 27), filed on June 17, 2016.

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The Court has reviewed and considered the motion and finds that Defendants’ attorney’s

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affidavit does not comply with the Court’s local rules. Local Rule 7-4(a) requires that emergency

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motions include a declaration “certifying that, after participation in the meet-and-confer process to

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resolve the dispute, the movant has been unable to resolve the matter without court action.” Local

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Rule IA 1-3(f) defines “meet and confer” as used in the Court’s local rules:

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‘meet and confer’ means to communicate directly and discuss in good faith the
issues required under the particular rule or court order. This requirement is
reciprocal and applies to all participants. Unless these rules or a court order provide
otherwise, this requirement may only be satisfied through direct dialogue and
discussion in a face-to-face meeting, telephone conference, or video conference.
The exchange of written, electronic, or voice-mail communications does not satisfy
this requirement.

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Based on Defendants’ attorney’s affidavit, it appears the meet-and-confer efforts in this case

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consisted of exchanging written correspondence, which does not comply with the Court’s meet-

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and-confer rule. The Court therefore will deny the motion without prejudice.

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IT IS THEREFORE ORDERED that Defendants Las Vegas Metropolitan Police

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Department and Sheriff Doug Gillespie’s Emergency Motion to Compel Responses and Answers to

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Said Defendants’ First Set of Written Discovery (ECF No. 27) is DENIED without prejudice.

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DATED: June 21, 2016

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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