TChutima, Inc. v. Bua Group, LLC

Filing 67

ORDER Denying without prejudice 46 Motion for Sanctions. Signed by Magistrate Judge Nancy J. Koppe on 1/7/2025. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TCHUTIMA, INC.,

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Plaintiff(s),

Case No. 2:24-cv-01130-JCM-NJK
Order

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v.

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BUA GROUP, LLC,

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Defendant(s).

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Pending before the Court is Defendant’s motion for sanctions. Docket No. 46.

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The motion consists in its entirety of 59 lines of discussion spanning less than three pages.1

[Docket No. 46]

15 The motion on its face asks for the imposition of sanctions, id. at 1, but it identifies no legal
16 authority on which sanctions may be predicated. Indeed, the motion includes no section regarding
17 governing standards at all. Instead, the motion includes one paragraph of “argument” that indicates
18 that discovery may be sought under Rules 33 and 34, and that the “consequences” for failing to
19 comply are encompassed in Rule 37(a)(3). See Docket No. 46 at 3. Rule 37(a)(3), however,
20 addresses motions to compel and not requests for sanctions. See, e.g., Fed. R. Civ. P. 37(a)(3).
21 The motion also cites one case, but that case also involves a motion to compel and not a motion
22 for sanctions. Bishop v. Potter, 2010 WL 11579259 (D. Nev. Apr. 12, 2010). In short, although
23 Defendant’s motion is seeking sanctions, it does not identify legal authority regarding the
24 imposition of sanctions.
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Discovery motions must be fully developed, see, e.g., Reno v. W. Cab Co., 2019 WL
8061214, at *2 (D. Nev. Sept. 23, 2019), which this motion clearly is not. The sparse motion is
27 all the more notable given that Defendant’s reply spans 11 pages. Docket No. 52. Of course,
arguments should not be first raised or developed in a reply brief. See, e.g., Brand v. Kijakazi, 575
28 F. Supp. 3d 1265, 1273 (D. Nev. 2021).
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Accordingly, the Court DENIES without prejudice Defendant’s motion for sanctions.

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IT IS SO ORDERED.

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Dated: January 7, 2025
______________________________
Nancy J. Koppe
United States Magistrate Judge

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