Bank of America, N.A. v. Mesa Verde Homeowners Association et al

Filing 56

ORDER Granting 50 Motion for Protective Order and for Sanctions. To the extent counsel cannot agree among themselves as to the amount of sanctions that should be paid, Plaintiff shall file a Motion for the Calculation of Sanctions no later than 11/2/16. Signed by Magistrate Judge Nancy J. Koppe on 10/26/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BANK OF AMERICA, N.A.,

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Plaintiff(s),
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vs.
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MESA VERDE HOMEOWNERS
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ASSOCIATION, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:16-cv-00498-JCM-NJK
ORDER
(Docket No. 50)

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Pending before the Court is Plaintiff’s motion for protective order and for sanctions filed on

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October 7, 2016. Docket No. 50. Although the motion was originally filed on an emergency basis, the

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Court ordered that it be briefed according to the default schedule provided in the local rules. Docket No.

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51. Accordingly, the response was due by October 24, 2016. See Local Rule 7-2(b) (responses to

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motions are due 14 days after service); see also Fed. R. Civ. P. 6(d) (adding three days to deadlines

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based on electronic service). To date, no response has been filed. Accordingly, the motion for

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protective order and for sanctions is GRANTED as unopposed. See Local Rule 7-2(d).1

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As reflected in Local Rule 7-2(d), courts have a duty to evaluate the reasonableness of attorneys’
fees and may not award a particular amount of fees requested as unopposed. See Hakkasan LV, LLC v.
Adamcyzk, 2016 WL 2844045, at *1 n.1 (D. Nev. Mar. 28, 2016) (citing Gates v. Deukmejian, 987 F.2d
1392, 1401 (9th Cir. 1992)). The Court is not herein awarding a particular amount of attorneys’ fees, but
rather finding Plaintiff’s entitlement to recover sanctions to be unopposed.

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To the extent counsel cannot agree among themselves as to the amount of sanctions that should

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be paid, Plaintiff shall file a “Motion for the Calculation of Sanctions” no later than November 2, 2016.

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IT IS SO ORDERED.

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DATED: October 26, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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