United States of America v. $15,000.00 in United States Currency
Filing
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ORDER GRANTING Plaintiff's 10 Motion to Compel. If claimant fails to respond to Plaintiff's outstanding discovery by April 30, 2013, this court may enter a recommendation for sanctions against claimant under Fed. R. Civ. P. 37(b), including treating claimant's failure to respond as contempt of court and/or dismissing claimant's claim pending herein. Signed by Magistrate Judge William G. Cobb on 04/15/2013. (Copies have been distributed pursuant to the NEF - KR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
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$15,000.00 IN UNITED STATES
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CURRENCY
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Defendant.
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______________________________________)
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THOMAS E. SLACK,
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Claimant.
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_____________________________________)
3:12-cv-00463-LRH-WGC
ORDER
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Before the court is the Motion to Compel Responses to Interrogatories and for Production of
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Documents of Plaintiff United States of America (Doc. # 10) and Plaintiff’s Notice of Failure to
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Respond to Motion to Compel Discovery Responses (Doc. # 13.)
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Federal Rule of Civil Procedure 37(a) authorizes a party to seek an order compelling discovery
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when a party fails to answer an interrogatory submitted under Rule 33 or produce documents as
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requested under Rule 34. Federal Rule 37(a)(3)(B) and (iii)(iv). Based upon Plaintiff’s motion (Doc.
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# 10) and Notice (Doc. # 13), it appears claimant has both failed to respond to Plaintiff’s discovery and
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Plaintiff’s motion with respect thereto.
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Local Rule 7-2(d) provides in pertinent part as follows:
“* * * The failure of an opposing party to file points and authorities in
response to any motion shall constitute a consent to the granting of the
motion.”
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Therefore, good cause appearing, Plaintiff’s motion to compel (Doc. # 10) is GRANTED.
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Claimant is advised that in accordance with Fed. R. Civ. P. 37(b), if claimant fails to respond to
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Plaintiff’s outstanding discovery by April 30, 2013, this court may enter a recommendation for sanctions
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against claimant under Fed. R. Civ. P. 37(b), including treating claimant’s failure to respond as contempt
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of court and/or dismissing claimant’s claim pending herein.
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IT IS SO ORDERED.
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Dated: April 15, 2013.
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___________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE
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