Dinh et al v. Rigisich et al

Filing 25

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 4/15/2013, denying without prejudice 23 Motion to Stay. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

VINCENT DINH, et al.,

)
)
Plaintiff,
)
vs.
)
)
SERGE RIGISICH, et al.,
)
)
Defendants.
)
___________________________________ )

3:13-cv-00184-RCJ-WGC
MINUTES OF THE COURT
April 15, 2013

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the Court is the Emergency Motion of Defendants for Stay of Writs of
Execution/Garnishment." (Doc. # 23.)
"Emergency Motions" are governed by LR 7-5 and Special Order 109. LR 7-5(d)(3) states
that a party's emergency motion must be accompanied by an affidavit which includes, inter alia, a
"statement of movant" which certifies that "...after personal consultation and sincere effort to do so,
movant has been unable to resolve the matter without court action." While the defendants' emergency
motion includes an affidavit of counsel (Doc. # 23-4), neither the affidavit nor the emergency motion
contains any representations the defendants have attempted to secure a stay or postponement of
execution from the opposing counsel.
Therefore, the emergency motion of defendants (Doc. # 23) is DENIED without prejudice.
If after "personal consultation" with opposing counsel in a "sincere effort" to resolve the request for
a stay or postponement of execution of the judgment pending defendants efforts to secure a Relief
from Judgment from the California courts, defendants may renew their motion. Defendants' counsel
is reminded, however, of the requirements of Special Order 109 (¶ III (I)) that the moving party, in
addition to filing the emergency motion electronically, is to advise the court's chambers that the
motion has been filed.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk