Messina v. Singh et al
Filing
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ORDER Denying without prejudice Defendants' 35 Motion for Sanctions re Discovery. Signed by Magistrate Judge Nancy J. Koppe on 9/6/2017. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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VICTORIA MESSINA,
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Plaintiff(s),
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v.
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MALKIAT SINGH, et al.,
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Defendant(s).
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__________________________________________)
Case No. 2:17-cv-01077-JAD-NJK
ORDER
(Docket No. 35)
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Pending before the Court is Defendants’ motion for Rule 11 sanctions. Docket No. 35. The
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motion is defective. Most significantly, “[t]he motion must be served under Rule 5, but must not be
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filed or presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn
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or appropriately corrected within 21 days after service or within another time the court sets.” Fed. R.
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Civ. P. 11(c)(2). As the pending motion seeks sanctions arising out of Plaintiff’s motion filed a week
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ago, it is clear that this 21-day period has not lapsed. Accordingly, the motion for sanctions is DENIED
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without prejudice.
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The Court also takes this time to address the obviously deteriorating relationship between
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counsel. Attorneys are required to conduct themselves with professionalism and civility. E.g., Local
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Rule 1-1(c). Indeed, the Federal Rules of Civil Procedure were recently amended in an effort to curb
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scorched earth litigation tactics, and to instead emphasize the importance of common sense cooperation
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among counsel. See, e.g., Nationstar Mortgage, LLC v. Flamingo Trails No. 7 Landscape Maintenance
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Assoc., 316 F.R.D. 327, 332 (D. Nev. 2016) (citing Roberts v. Clark County School Dist., 312 F.R.D.
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594, 603, 04 (D. Nev. 2016)). The Court does not look favorably on personal attacks and vitriolic
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briefing. In accordance with their duties, the Court urges counsel to take a deep breath and reset
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their relationship.
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IT IS SO ORDERED.
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DATED: September 6, 2017
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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