Shaw v. Roi Lsn Investments, Ltd.

Filing 25

ORDER Granting 12 Motion to Compel and Request for Attorney's Fees. See Order for deadlines. Signed by Magistrate Judge Cam Ferenbach on 11/27/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SETH SHAW,
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Petitioner,
2:17-cv-01165-JAD-VCF
ORDER

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vs.
ROI LAND INVESTMENT LTD.,

MOTION TO COMPEL [ECF NO. 12]

Respondent.

Before the Court is Petitioner Seth Shaw’s Motion to Compel and Request for Attorney’s Fees.
(ECF No. 12). For the reasons discussed below, Shaw’s motion is granted.
Shaw filed a motion to compel on February 16, 2018. (Id.). Shaw asserts that Respondent ROI
Land Investment (“ROI”) failed to respond to discovery requests that will assist Shaw in executing a
judgment Shaw has against ROI. (Id. at 6-7). Shaw asks the Court to award attorney’s fees associated
with bringing the motion. (Id. at 7). ROI was given until July 6, 2018 to file a response to the motion
(ECF No. 16), but has failed to do so.
“In aid of the judgment or execution, the judgment creditor…may obtain discovery from any
person—including the judgment debtor—as provided in these rules or by the procedure of the state where
the court is located.” Fed. R. Civ. P. 69(a)(2). A party may move to compel production of documents
under Federal Rule of Civil Procedure 37. Shaw has demonstrated that the discovery he requested will
aid in executing a judgment. ROI has failed to give any reason for failing to respond to Shaw’s discovery
requests. In addition, under LR 7-2(d), “[t]he failure of an opposing party to file points and authorities in
response to any motion… constitutes a consent to the granting of the motion.” Therefore, Shaw’s motion
to compel is hereby granted.

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Under Federal Rule of Civil Procedure 37(a)(5)(A), if a motion to compel is granted, “the court

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must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated

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the motion, the party or attorney advising that conduct, or both to pay the movant's reasonable expenses

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incurred in making the motion, including attorney's fees.” Shaw has demonstrated that he incurred $600

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in attorney’s fees by filing the motion to compel. (ECF No. 12 at 7). ROI failed to respond to Shaw’s

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request for fees. Therefore, Shaw’s request for fees is hereby granted.

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Shaw’s Motion to Compel and Request for Attorney’s Fees (ECF

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No. 12) is GRANTED.
IT IS FURTHER ORDERED that ROI has until January 4, 2019 to respond to Shaw’s discovery
request.
IT IS FURTHER ORDERED that ROI has until February 4, 2019 to pay Shaw $600 for the

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attorney’s fees incurred in bringing the motion to compel.

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DATED this 27th day of November, 2018.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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