Koerner v. Cox et al

Filing 62

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 11/20/2012 denying 54 Motion to Compel. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA KELLY KOERNER, ) ) Plaintiff, ) ) vs. ) ) JAMES GREG COX, et al., ) ) Defendants. ) ____________________________________) PRESENT: 3:11-CV-0116-LRH (VPC) MINUTES OF THE COURT THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE DEPUTY CLERK: LISA MANN REPORTER: NONE APPEARING COUNSEL FOR PETITIONER(S): NONE APPEARING COUNSEL FOR RESPONDENT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: Before the court is plaintiff’s motion to compel production of discovery, or in the alternative, motion in limine (#54). Defendants opposed the motion (#55), plaintiff replied (#58), and defendants were granted leave to file a sur-reply (#61). By his motion, plaintiff seeks and ordering compelling the defendants to produce “surveillance videotape used against [him] when finding [him] guilty of the underflying MJ6 ‘walk away’ from camp escape charge.” Pursuant to the declaration of Lieutenant Stephen Clark (#61, Ex. A), no such surveillance videotape was reviewed by him in preparation for the disciplinary hearing and no such videotape exists. Therefore, plaintiff’s motion to compel production of discovery, or in the alternative, motion in limine (#54) is DENIED. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk

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