Robert A. Slovak vs Golf Course Villas Homeowners Association, et al

Filing 335

ORDER denying ECF No. 331 Plaintiff's motion for clarification and leave to conduct pre-hearing discovery, and denying as moot ECF No. 332 Plaintiff's motion for order shortening time. Signed by Magistrate Judge Carla Baldwin on 7/16/2021. (Copies have been distributed pursuant to the NEF - DN)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 ROBERT A. SLOVAK, Plaintiff, 5 6 7 8 9 3:13-cv-00569-MMD-CLB v. ORDER GOLF COURSE VILLAS HOMEOWNERS AOSSICATION, et al., Defendants. 10 11 Currently pending before the court is Plaintiff Robert A. Slovak’s (“Slovak”) 12 “motion for clarification and leave to conduct limited pre-evidentiary hearing discovery.” 13 ECF No. 331. In this motion, Slovak alleges he seeks “clarification” of the Court’s 14 previous orders which explicitly denied his repeated requests to engage in pre- 15 evidentiary hearing discovery, i.e., to take the depositions of witnesses that may be 16 called to testify at the upcoming bifurcated evidentiary hearing. ECF No. 331. This 17 hearing was initially scheduled for February 2019 but was continued to August 2021. 18 Defendant Wells Fargo opposed this motion – pointing out the many times Mr. 19 Slovak previously made this identical request in relation to the bifurcated hearing and the 20 many times the Court expressly denied these requests. ECF No. 333. Mr. Slovak replied. 21 ECF No. 334. Having reviewed the papers, attachments, and prior filings in this case, the 22 Court again DENIES Mr. Slovak’s motion for clarification and leave to conduct pre- 23 evidentiary hearing discovery. ECF No. 331. 24 The Court agrees with Wells Fargo and adopts its analysis and expressly rejects 25 the arguments made by Slovak. Contrary to Slovak’s arguments, the purpose and scope 26 of the evidentiary hearing set for August 2021 remains the same as when this hearing 27 was originally set in February 2019 – irrespective of what motion or motions may or may 28 not be pending. Specifically, the purpose of the hearing was, and continues to be, for the 1 presentation of evidence related to the authenticity and originality of the documents 2 offered by Wells Fargo in 2018 to finalize the parties’ settlement agreement. In 2018, this 3 Court expressly ruled – on more than one occasion – that pre-hearing discovery or 4 depositions were not necessary on the straightforward issues related to the authenticity 5 and originality of these documents. Nothing has changed with respect to the purpose or 6 scope of the hearing as claimed by Slovak – regardless of the procedural posture or 7 change in pending motions. Thus, the Court re-affirms its prior rulings on these points 8 and denies his motion. ECF No. 331. 9 10 11 12 13 IT IS THEREFORE ORDERED that Plaintiff’s motion for clarification and leave to conduct pre-hearing discovery, ECF No. 331, is DENIED. IT IS FURTHER ORDERED that Plaintiff’s motion to shorten time, ECF No. 332, is DENIED as moot. DATED: July 16, 2021. 14 15 ______________________________________ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?