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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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ______________________________________ ) ) NICHOLAS V. MAESTAS, ) ) Plaintiff, ) ) vs. ) ) STATE OF NEVADA et al., ) ) Defendants. ) ) 3:13-cv-00301-RCJ-WGC ORDER 12 13 This is a prisoner civil rights case. Pending before the Court is Plaintiff’s motion under 14 Rule 72(a) for the Court to review the March 16, 2015 ruling of the Magistrate Judge. On that 15 date, the Magistrate Judge held a hearing and, inter alia, granted in part and denied in part 16 Plaintiff’s Motion to Compel (ECF No. 23). The Magistrate Judge ordered Defendants’ counsel 17 to confirm that Plaintiff had been provided with Defendant Wightman’s responses to Plaintiff’s 18 third, fourth, and fifth sets of interrogatories by April 17, 2015. (See Mins. 2, ECF No. 39). 19 Plaintiff objects that Defendants’ failure to respond to his second set of requests for production 20 was not addressed at the hearing. Not so. The Magistrate Judge ordered Defendants’ counsel to 21 confirm all discovery responses: “Furthermore, in light of some confusion regarding certain 22 discovery responses, Mr. Lehman is directed to correlate what discovery responses have been 23 produced, verified and signed in compliance with Fed. R. Civ. P. 26(g).” (Id.). It was not error 24 1 of 2 1 of any variety, much less clear error, for the Magistrate Judge to order Defendants’ counsel to 2 research and clarify Defendants’ past discovery responses rather than address each response at 3 the hearing, especially after noting that the parties themselves agreed it was unclear whether 4 there were outstanding discovery requests. CONCLUSION 5 6 IT IS HEREBY ORDERED that the Objection (ECF No. 42) is DENIED. 7 IT IS SO ORDERED. 8 Dated this 30th day of April, 2015. Dated this 15th day of April, 2015. 9 10 _____________________________________ ROBERT C. JONES United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 of 2

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