Maestas v. State of Nevada ex rel et al

Filing 46

ORDERED that the # 42 Objection is DENIED. Signed by Judge Robert C. Jones on 4/30/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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NICHOLAS V. MAESTAS,
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Plaintiff,
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vs.
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STATE OF NEVADA et al.,
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Defendants.
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3:13-cv-00301-RCJ-WGC
ORDER

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This is a prisoner civil rights case. Pending before the Court is Plaintiff’s motion under

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Rule 72(a) for the Court to review the March 16, 2015 ruling of the Magistrate Judge. On that

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date, the Magistrate Judge held a hearing and, inter alia, granted in part and denied in part

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Plaintiff’s Motion to Compel (ECF No. 23). The Magistrate Judge ordered Defendants’ counsel

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to confirm that Plaintiff had been provided with Defendant Wightman’s responses to Plaintiff’s

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third, fourth, and fifth sets of interrogatories by April 17, 2015. (See Mins. 2, ECF No. 39).

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Plaintiff objects that Defendants’ failure to respond to his second set of requests for production

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was not addressed at the hearing. Not so. The Magistrate Judge ordered Defendants’ counsel to

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confirm all discovery responses: “Furthermore, in light of some confusion regarding certain

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discovery responses, Mr. Lehman is directed to correlate what discovery responses have been

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produced, verified and signed in compliance with Fed. R. Civ. P. 26(g).” (Id.). It was not error

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of any variety, much less clear error, for the Magistrate Judge to order Defendants’ counsel to

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research and clarify Defendants’ past discovery responses rather than address each response at

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the hearing, especially after noting that the parties themselves agreed it was unclear whether

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there were outstanding discovery requests.
CONCLUSION

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IT IS HEREBY ORDERED that the Objection (ECF No. 42) is DENIED.

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IT IS SO ORDERED.

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Dated this 30th day of April, 2015.
Dated this 15th day of April, 2015.

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_____________________________________
ROBERT C. JONES
United States District Judge

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