Messina v. Singh et al

Filing 39

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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 VICTORIA MESSINA, 11 12 13 14 15 ) ) Plaintiff(s), ) ) v. ) ) MALKIAT SINGH, et al., ) ) Defendant(s). ) __________________________________________) Case No. 2:17-cv-01077-JAD-NJK ORDER (Docket No. 35) 16 Pending before the Court is Defendants’ motion for Rule 11 sanctions. Docket No. 35. The 17 motion is defective. Most significantly, “[t]he motion must be served under Rule 5, but must not be 18 filed or presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn 19 or appropriately corrected within 21 days after service or within another time the court sets.” Fed. R. 20 Civ. P. 11(c)(2). As the pending motion seeks sanctions arising out of Plaintiff’s motion filed a week 21 ago, it is clear that this 21-day period has not lapsed. Accordingly, the motion for sanctions is DENIED 22 without prejudice. 23 The Court also takes this time to address the obviously deteriorating relationship between 24 counsel. Attorneys are required to conduct themselves with professionalism and civility. E.g., Local 25 Rule 1-1(c). Indeed, the Federal Rules of Civil Procedure were recently amended in an effort to curb 26 scorched earth litigation tactics, and to instead emphasize the importance of common sense cooperation 27 among counsel. See, e.g., Nationstar Mortgage, LLC v. Flamingo Trails No. 7 Landscape Maintenance 28 Assoc., 316 F.R.D. 327, 332 (D. Nev. 2016) (citing Roberts v. Clark County School Dist., 312 F.R.D. 1 594, 603, 04 (D. Nev. 2016)). The Court does not look favorably on personal attacks and vitriolic 2 briefing. In accordance with their duties, the Court urges counsel to take a deep breath and reset 3 their relationship. 4 IT IS SO ORDERED. 5 DATED: September 6, 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?