Bank of America, N.A. v. Forbes Estates LLC

Filing 35

ORDER. IT IS ORDERED that 29 plaintiff's motion to exclude defendant's undisclosed witnesses and documents is GRANTED. IT IS FURTHER ORDERED that 30 plaintiff's motion for attorney's fees and costs is DENIED. Signed by Magistrate Judge Carl W. Hoffman on 9/20/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

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Case No. 2:17-cv-03108-RFB-CWH

Plaintiff,
ORDER
v.
MANUEL HERNANDEZ, et al.,

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Defendants.

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Presently before the court is plaintiff Bank of America, N.A.’s motion to exclude

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undisclosed witnesses and documents (ECF No. 29), filed on August 27, 2018. Defendant

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Manuel Hernandez has not filed a response.

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Also before the court is plaintiff’s motion for attorney’s fees and costs (ECF No. 30), filed
on August 27, 2018. Defendant has not filed a response.
Plaintiff moves to exclude defendant’s undisclosed witnesses and documents. Under

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Local Rule 7-2(d), the “failure of an opposing party to file points and authorities in response to

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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 granting of the motion.” The court will therefore grant plaintiff’s motion to exclude

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defendant’s undisclosed witnesses and documents. In light of this disposition, the court declines

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to further award attorney’s fees.

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IT IS THEREFORE ORDERED that plaintiff’s motion to exclude defendant’s
undisclosed witnesses and documents (ECF No. 29) is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion for attorney’s fees and costs (ECF
No. 30) is DENIED.

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DATED: September 20, 2018

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C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE