LHF Productions, Inc. v. Does

Filing 80

ORDER. The Court hereby GRANTS 74 Mr. Kabala's motion to deem facts admitted and therefore ORDERS that the facts are deemed ADMITTED as requested at Docket No. 74 at 11-12 (first set of requests for admissions) and Docket No. 74 at 18 (second set of requests for admissions). Signed by Magistrate Judge Nancy J. Koppe on 8/15/17. (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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LHF PRODUCTIONS, INC.,
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Plaintiff(s),
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v.
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JOHN KOEHLY, et al.,
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Defendant(s).
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Case No. 2:16-cv-02028-JAD-NJK
ORDER
(Docket No. 74)

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Pending before the Court is Counter-Claimant Brian Kabala’s motion to deem facts admitted

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against Counter-Defendant LHF Productions, Inc. Docket No. 74. The motion was served and filed on

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July 27, 2017. See id. The deadline to respond has expired, see Local Rule 7-2(b), but no response has

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been filed to date.1 LHF’s failure to respond constitutes consent to the granting of the motion. Local

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Rule 7-2(d).

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Rather than respond to the motion, LHF filed a motion to strike the motion as improperly filed.
Docket No. 75. That motion to strike did not address the merits of Mr. Kabala’s motion, but instead argued
that Mr. Kabala’s discovery motion was improperly filed since the claims against Mr. Kabala as a Defendant
had been voluntarily dismissed. See id. On July 31, 2017, the Court denied the motion to strike. Docket
No. 76. Among other reasons for the denial, the Court explained that the motion to strike was based on the
faulty premise that Mr. Kabala was “no longer a party to the case” when it was clear that his counterclaims
remained pending against LHF. See id. at 1-2. Indeed, Mr. Kabala expressly represented that he “intends
to proceed with [his] counterclaims upon these requests being deemed admitted.” Docket No. 74 at 3
(emphasis added). Although the Court denied the motion to strike more than two weeks ago, LHF has made
no further filing in response to the pending motion to deem facts admitted.

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Accordingly, the Court hereby GRANTS Mr. Kabala’s motion to deem facts admitted (Docket

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No. 74), and therefore ORDERS that the facts are deemed ADMITTED as requested at Docket No. 74

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at 11-12 (first set of requests for admissions) and Docket No. 74 at 18 (second set of requests for

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admissions).

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IT IS SO ORDERED.

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DATED: August 15, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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