Gal v. Nye County Nevada et al

Filing 38

ORDER Denying Plaintiff's 31 Motion to Remove State Protective Order. IT IS FURTHER ORDERED that Plaintiff comply with the Nye County District Court's order and return the internal investigation report to the Nye County District Attorney's Office. Signed by Magistrate Judge Carl W. Hoffman on 02/01/2017. (Copies have been distributed pursuant to the NEF - NEV)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8
9

)
)
)
Plaintiff,
)
v.
)
)
NYE COUNTY, NEVADA, et al,
)
)
Defendants.
)
)
_______________________________________ )
JASAN GAL,

10

Case No. 2:16-cv-00868-JAD-CWH

ORDER

Presently before the Court is Plaintiff’s motion to remove state protective order (ECF No.

11

31), filed on November 4, 2016. Defendants filed a response (ECF No. 34) on December 2, 2016.

12

Plaintiff did not file a reply.

13

Plaintiff requests that this Court remove a protective order issued by the Nye County District

14

Court’s in a related criminal case. The protective order presently in place restricts access to, and use

15

of, an internal investigation report issued by the Nevada Department of Public Safety. Plaintiff seeks

16

to use a copy of the report in the present litigation. Plaintiff avers that he still has a copy of the

17

internal investigation report in his possession. (Mot. p. 2 (ECF No. 31)).

18

The order in question directs that the report “shall be returned to the Nye County District

19

Attorney’s Office immediately upon the conclusion of this case.” (Exhibit B, p. 2 (ECF No. 35)).

20

That case, according to Defendants’ response, has now concluded. It appears then that Plaintiff is in

21

violation of the order. Plaintiff argues that the report is relevant and discoverable, but does not

22

provide any authority to show that it is appropriate for this Court to allow for the violation of the

23

state court’s order. Plaintiff is instructed to comply with the Nye County District Court’s order.

24

Plaintiff may then seek disclosure of the report through discovery for this case.

25

//

26

//

27

//

28

1

1
2
3
4

IT IS THEREFORE ORDERED that Plaintiff’s motion to remove state protective order (ECF
No. 31) is DENIED.
IT IS FURTHER ORDERED that Plaintiff comply with the Nye County District Court’s
order and return the internal investigation report to the Nye County District Attorney’s Office.

5
6

DATED: February 1, 2017.

7
8

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

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2