Reese et al v. Great West Casualty Company et al

Filing 16

ORDER. IT IS ORDERED that 12 the Non-Parties' First Motion for Leave is DENIED as moot. IT IS FURTHER ORDERED that 13 the Non-Parties' Second Motion for Leave is GRANTED. IT IS FURTHER ORDERED that the Non-Parties supplement to 5 , 6 their reply brief shall be filed on or before 11/12/19. Motion Hearing re 5 , 6 motions set for 12/5/2019 at 10:00 AM in LV Courtroom 3B before Magistrate Judge Elayna J. Youchah. Signed by Magistrate Judge Elayna J. Youchah on 11/4/2019. (Copies have been distributed pursuant to the NEF - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

WILBERT REESE AND MARCO ODDS,

5

Plaintiffs,

6
7
8

Case No. 2:19-CV-01468-GMN-EJY
ORDER

v.
GREAT WEST CASUALTY COMPANY,
MILLER TRANSPORTATION SERVICES,
INC., and LEROY CALDWELL,

9

Defendant.

10
11

Before the Court is Non-Parties Medport LA, LLC and Medport Billing, LLC’s Motion for

12

Leave to File a Supplement to their Reply to Defendants’ Opposition to the Second Motion to Quash

13

FRCP 30(b)(6) Deposition Subpoena, to Quash or Modify the Deposition Production Requests, for

14

a Protective Order Under FRCP 26(c) and for Sanctions (the “First Motion for Leave”), which was

15

filed on October 7, 2019 (EFC No 12). On October 16, 2019, before the due date for a response to

16

the First Motion for Leave, the Non-Parties filed a Second Motion seeking leave to file a supplement

17

to their reply (the “Second Motion for Leave”), which is also before the Court. This is ECF No. 13.

18

The Second Motion for Leave was prompted by an Order issued on October 15, 2019, in case titled

19

Lisa DuPont v. Costco Wholesale Corp., Case No. 2:17-cv-4469-MLV-KWR, pending in the Eastern

20

District of Louisiana. The Court in the Costco matter apparently ruled that “neither the funding

21

agreement [between the third parties and health care providers] nor the actual amounts received [by

22

the third parties] are relevant nor probative of any claim in the” Costco case.

23

On October 30, 2019, the Court received Defendants’ Great West Casualty Company, Miller

24

Transportation Services, Inc., and Leroy Caldwell’s Non-Opposition to the requests made by the

25

Non-Parties to file a supplement to their Reply in support of the Motion to Quash and for Protective

26

Order.

27
28
1

1

Accordingly,

2

IT IS HEREBY ORDERED that the Non-Parties’ First Motion for Leave, ECF No. 12, is

3
4
5
6
7

DENIED as moot.
IT IS FURTHER ORDERED that the Non-Parties’ Second Motion for Leave, ECF No. 13,
is GRANTED.
IT IS FURTHER ORDERED that the Non-Parties’ supplement to their reply brief shall be
filed on or before November 12, 2019.

8

IT IS FURTHER ORDERED that the Non-Parties Medport LA, LLC and Medport Billing,

9

LLC’s Second Motion to Quah FRCP 30(b)(6) Deposition Subpoena, to Quash or Modify the

10

Deposition Production Requests, for a Protective Order Under FRCP 26(c) and for Sanctions (ECF

11

Nos. 5 and 6) is scheduled for a hearing on December 5, 2019 at 10:00 a.m. in Courtroom 3B.

12

DATED: November 4, 2019

13
14
15
16

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2