Hunt/Penta et al v. Aon Risk Services South, Inc.

Filing 72

ORDER Denying 62 Motion to Compel. Signed by Magistrate Judge Nancy J. Koppe on 5/3/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 HUNT/PENTA, 11 Plaintiff, 12 vs. 13 AON RISK SERVICES SOUTH, INC., 14 Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-01563-JAD-NJK ORDER (Docket No. 62) 15 16 Pending before the Court is Third-Party Plaintiff’s (“Aon”) motion to compel discovery 17 responses from Third-Party Defendant Insurance Partners, Inc. (“IPI”). Docket No. 62. IPI filed a 18 response. Docket No. 66. IPI also filed a supplement to its response with the Court’s permission. 19 Docket Nos. 68, 69. Aon filed a reply. Docket No. 70. The Court finds this motion properly 20 resolved without oral argument. See Local Rule 78-1. 21 Aon filed its motion to compel while IPI’s motion to dismiss its third-party complaint was 22 pending. See Docket Nos. 49 (motion to dismiss), 62 (motion to compel). In the motion, Aon 23 submits that IPI’s objections to providing the discovery at issue rest primarily on the pendency of 24 its motion to dismiss. See Docket No. 62 at 6-12. After IPI filed its response, however, United 25 States District Judge Jennifer A. Dorsey granted IPI’s motion to dismiss and therefore dismissed 26 Aon’s third-party complaint with leave to amend. Docket No. 67. IPI submits in the supplement 27 to its response that Judge Dorsey’s decision moots Aon’s motion to compel. Docket No. 68 at 3. 28 In reply, Aon submits that Judge Dorsey’s resolution of IPI’s motion to dismiss does not moot the 1 2 3 motion to compel. Docket No. 70 at 6-7. The Court agrees with IPI. Accordingly, the Court DENIES as moot Aon’s motion to compel. Docket No. 62. 4 IT IS SO ORDERED. 5 DATED: May 3, 2017. 6 7 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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