Walker v. Charter Communications Inc. et al

Filing 88

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 5/16/2016, denying Plaintiff's ECF No. 62 Motion to Deem Responses to Plaintiff's First Set of Request for Admissions - Admitted and for Other Sanctions. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TERRANCE WALKER,

)
)
Plaintiff,
)
)
vs.
)
)
CHARTER COMMUNICATIONS, )
INC., et al.,
)
)
Defendants.
)
_____________________________ )
PRESENT:

3:15-CV-0556-RCJ (VPC)
MINUTES OF THE COURT
May 16, 2016

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is plaintiff’s motion to deem responses to plaintiff’s first set of request
for admissions admitted and motion for other sanctions (#62). Defendants filed an opposition
#73/74) and plaintiff replied (#75).
Plaintiff’s motion (#62) is DENIED for failure to meet and confer and for failure to
provide certification that he has been unable to resolve the matter without court action pursuant
to Fed.R.Civ.P. 37 and LR 26-7(b). The court also finds plaintiff’s motion procedurally
defective under Local Rule 26-7(a). In addition, plaintiff’s requests for admissions are
compound requests that were served jointly on two separate defendant entities rendering them
difficult and ambiguous at best, if not entirely impossible to answer. Finally, deeming plaintiff’s
requests admitted is not a proper remedy pursuant to Fed.R.Civ.P. 36(a)(6).
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk