Simpson v. Devore et al

Filing 42

ORDER that 40 MOTION Requesting this Court to Order Photos and Video from Officer Linda Theobald is DENIED. Signed by Magistrate Judge Cam Ferenbach on 10/20/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 *** 3 JASON KALEIALOHA SIMPSON, 4 Case No. 2:16–cv–02981–JCM–VCF Plaintiff, 5 vs. ORDER 6 S. DEVORE, et al., MOTION REQUESTING THIS COURT TO ORDER PHOTOS AND VIDEO FROM OFFICER LINDA THEOBALD (ECF NO. 40) 7 Defendants. 8 9 Before the Court is Plaintiff Jason Simpson’s Motion Requesting this Court to Order Photos and 10 11 12 Video from Officer Linda Theobald. (ECF 40). For the reasons stated below, Plaintiff’s motion is denied. Plaintiff has filed a complaint against several Las Vegas Metropolitan Police Department officers 13 regarding the circumstances of his arrest. (ECF No. 4). Plaintiff asserts footage of the arrest from Sun 14 Coast Hotel & Casino shows Officer Theobald, one of the Defendants, taking video and/or pictures of the 15 arrest. (ECF No. 40 at 1). Plaintiff asks the Court to order that photos or videos from Officer Theobald 16 be turned into the Court. (Id. at 1-2). In response, Defendants argue that Plaintiff’s motion is either a 17 discovery request improperly filed with the Court or a premature motion to compel, as Plaintiff has not 18 19 yet asked Officer Theobald for any pictures or video she took during the arrest. (ECF No. 41 at 2-3). Defendants also assert that Officer Theobald sent all material relevant to her defense that she had in her 20 possession to Plaintiff on September 13, 2017 as part of Defendants’ initial disclosures. (Id. at 4). 21 Under the local rules for the United States District Court of Nevada, discovery requests “must not 22 23 24 25 be filed with the court.” LR 26-8. “[A] party may move for an order compelling disclosure or discovery,” but “[t]he motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without 1 court action.” Fed. R. Civ. P. 37(a)(1). There is no evidence before the Court that Plaintiff has attempted 1 2 3 to contact Defendants to ask for production of any pictures or videos taken by Officer Theobald. There is no basis for this Court to order production of any material at this time. 4 ACCORDINGLY, and for good cause shown, 5 IT IS HEREBY ORDERED that Plaintiff’s Motion Requesting this Court to Order Photos and 6 Video from Officer Linda Theobald (ECF 40) is DENIED. 7 IT IS SO ORDERED. 8 DATED this 20th day of October, 2017. 9 _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2

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