Elletson et al v. Chalmers Automotive, LLC et al

Filing 48

ORDER granting in part and denying in part 46 Motion to Compel (see order for details); Motions due by 7/2/2018. Proposed Joint Pretrial Order due by 8/1/2018. Signed by Magistrate Judge Cam Ferenbach on 4/6/2018. (Copies have been distributed pursuant to the NEF, cc: Addresses pursuant to order - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PENN ELLETSON, an individual; and SANDI
ELLETSON, an individual,

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Plaintiffs,

2:17-cv-01107-JCM-VCF
ORDER

vs.
CHALMERS AUTOMOTIVE, LLC, et al.,
Defendants.

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Before the Court is Plaintiffs’ Motion to Compel Defendants to Appear for Depositions and to
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Provide Further Responses to Discovery Requests. (ECF No. 46).
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Plaintiffs seek the Court to compel Albert J. Chalmers and Michael Ferris to supplement their
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discovery responses and for Albert J. Chalmers and Michael Ferris to appear for depositions in Las Vegas,
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Nevada. Plaintiffs also seek monetary sanctions against these defendants. Id.
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Discovery closed on February 12, 2018. (ECF No. 36). Plaintiffs filed the instant motion on
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March 13, 2018. To date, no opposition has been filed and the time to file opposition has passed.
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Under Local Rule 7-2(d), the failure of an opposing party to file points and authorities in response
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to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a
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consent to the granting of the motion. Here, it would seem as though Albert J. Chalmers and Michael
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Ferris have consented to the granting of the instant motion.
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Accordingly,
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IT IS HEREBY ORDERED that Plaintiffs’ Motion to Compel Defendants to Appear for
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Depositions and to Provide Further Responses to Discovery Requests (ECF No. 46) is GRANTED in part
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and DENIED in part. Albert J. Chalmers and Michael Ferris’ objections to written discovery as stated in

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the instant motion are overruled. Albert J. Chalmers and Michael Ferris must answer Plaintiffs’ discovery

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requested in the instant motion on or before April 27, 2018. Discovery has closed and will not be extended.

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However, Plaintiffs have until May 30, 2018 to take the deposition of Albert J. Chalmers and Michael

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Ferris. Plaintiffs may take the deposition of Albert J. Chalmers and Michael Ferris in Las Vegas, Nevada.

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No sanctions against Albert J. Chalmers and Michael Ferris will be imposed at this time.

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Dispositive motions must be filed on or before July 2, 2018. Joint Pretrial Order is due August 1,

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2018. If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended

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until 30 days after decision on the dispositive motions or further court order.

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The Clerk of Court is directed to mail a copy of this order to the following:

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Albert J. Chalmers
8607 N. Wabash Ave.
Kansas City, MO 64116
Michael Ferris
1420 Gentry Street
North Kansas City, MO 64116

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IT IS SO ORDERED.

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DATED this 6th day of April, 2018.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE