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Thorndal Armstrong
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Filed: May 16, 2024 | Entered: May 16, 2024 Pierre-Dussaubat, Jr. v. Key Insurance Company et al
Insurance | Nevada
Minute Order Order on Motion to Compel
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 5/16/2024.
Re: 19 Motion to Compel. No party has responded to Plaintiff's motion to compel. The Court thus grants it in part and denies it in part as outlined below. See LR 7-2(d).
IT IS THEREFORE ORDERED that Defendant must produce its Rule 26(a)(1) initial disclosures on or before June 6, 2024.
IT IS FURTHER ORDERED that Defendant must produce its responses to Plaintiff's requests for production, interrogatories, and requests for admissions on or before June 6, 2024.
IT IS FURTHER ORDERED that, given the requirement that the party being sanctioned have an opportunity to be heard under Federal Rule of Civil Procedure 37(a)(5)(A), the Court modifies the hearing set for May 29, 2024 at 10:00 a.m. into one regarding appropriate sanctions.
The Court declines to deem Defendant's objections to Plaintiff's Rule 34 requests for production and Rule 33 interrogatories waived at this stage. Although failure to timely object to discovery requests constitutes a waiver of objections, it appears that the late responses may have been due to an emergency in Defendant's counsel's family. (ECF No. [19-7] at 3); See Liguori v. Hansen, No. 2:11-cv-00492-GMN-CWH, 2012 WL 760747, at * 11 (D. Nev. March 6, 2012) ("[c]ourts, however, retain discretion to relieve a late or non-responding party from the potentially harsh consequences associated with waiver."). Here, Defendant's responses were due on March 12, 2024 after multiple extensions. When Plaintiff's counsel did not receive timely responses, Plaintiff's counsel requested a meet and confer. Defendant's counsel stated that he was out of the country handling a family matter, but that he would call the morning of March 26, 2024. When Defendant's counsel did not call, Plaintiff filed the instant motion to compel. While the Court is very concerned with Defendant's failure to respond to discovery, failure to conduct a meet and confer call, and failure to respond to the motion to compel, it appears that these failures were driven by Defendant's counsel's family matters. As a result, the Court is not inclined at this stage to foreclose Defendant's objections based on the inaction of its counsel.
On the other hand, there is no need for the Court to order that the Rule 36 requests for admission are admitted because, by operation of Rule 36, requests for admissions are automatically deemed admitted when a party fails to timely respond. See Liguori, 2012 WL 760747 at *8. However, Defendant may move for relief from these deemed admissions.
(no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Motion | Filed: May 16, 2024 | Entered: May 16, 2024 Reynolds et al v. Wal-Mart Transportation, LLC et al
Motor Vehicle | Nevada
Motion Compel
MOTION to Compel by Plaintiffs John Brigham Lawson, Philip Robert Reynolds. Responses due by 5/30/2024. (Mummery, Millie) (discovery)
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Notice | Filed: May 16, 2024 | Entered: May 16, 2024 Republican National Committee et al v. Aguilar et al
Civil Rights: Voting | Nevada
Notice Corrected Image/Document
NOTICE of Corrected Image/Document re 37 Motion for Permission to Practice Pro Hac Vice - Verified Petition, 55 Notice of Corrected Image/Document, for attorney Jeffrey F. Barr, by Plaintiffs Scott Johnston, Nevada Republican Party, Republican National Committee. (Service of corrected image is attached.) (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing)(Barr, Jeffrey)
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