Chudacoff v. University Medical Center Of Southern Nevada et al
Filing
639
ORDER that the 02/27/2013 hearing on 630 Plaintiffs Motion for Sanctions (#630) is VACATED. The Court shall decide the Motion on the pleading papers. IT IS FURTHER ORDERED that Defendants Response to 630 Plaintiffs Motion is due by 03/04/2013. P laintiffs Reply is due by 03/14/2013. In the event the Parties desire a hearing on the 630 Motion, they may submit a stipulation no later than 03/07/2013 agreeing on a hearing date no later than 03/21/2013. IT IS FURTHER ORDERED that in light of t he Courts 627 Order granting 609 Defendants Motion for Protective Order, the 02/27/2013 hearing regarding the 609 Motion is VACATED. Signed by Magistrate Judge George Foley, Jr on 02/20/2013. (Copies have been distributed pursuant to the NEF - AC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD CHUDACOFF,
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Plaintiff,
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vs.
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UNIVERSITY MEDICAL CENTER, et al.,
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Defendants.
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__________________________________________)
Case No. 2:08-cv-00863-RCJ-GWF
ORDER
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This matter comes before the Court on Plaintiff’s Renewed Motion for Sanctions (#630),
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filed on February 15, 2013; Plaintiff’s Counsel Jacob Hafter’s Letter to the Court (#628), filed on
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February 15, 2013; UMC Defendants’ Counsel Sean Kelly’s Letter to the Court (#636), filed on
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February 19, 2013; and MEC Defendants’ Counsel Peter Angulo’s Letter to the Court (#638), filed
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on February 19, 2013.
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Plaintiff initially filed his Renewed Motion for Sanctions on February 8, 2013. See Doc.
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#620. In accordance with the Court’s Order (#615), however, the Court struck the Motion and
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ordered Plaintiff to meet and confer with Defendants. See Doc. #625. Plaintiff filed a Letter
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(#628) with the Court representing that he unsuccessfully attempted to meet and confer with
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Defendants regarding the disputed discovery. The Court subsequently ordered Plaintiff to re-file
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his Motion for Sanctions. See February 15, 2013 Minute Order, Doc #629. Plaintiff re-filed the
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Motion on February 15, 2013. Mr. Kelly then filed a Letter (#636) stating that the meet-and-confer
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period was too brief, and that UMC’s Counsel is unable to attend the February 27 hearing the Court
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set for the instant Motion (#630) in its February 15 Minute Order (#629). Mr. Kelly represented
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UMC’s Counsel would not be available until April. Mr. Angulo filed a separate Letter (#638)
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stating that the MEC Defendants are not involved in the current discovery dispute.
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The Court is not inclined to delay ruling on Plaintiff’s Motion for Sanctions (#630) until
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April. Therefore, the Court will vacate the February 27 hearing on the Motion, and will decide the
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matter on the pleading papers submitted in the ordinary course set forth in the Local Rules. In
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rendering its decision, the Court will take into consideration the brevity of the allotted meet-and-
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confer period. In the event the Parties are able to agree on a hearing date within 7 days after the
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briefing schedule concludes, they may submit an appropriate stipulation. The Court instructs the
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Parties to exercise caution before filing any further motions or letters regarding this matter.
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Accordingly,
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IT IS HEREBY ORDERED that the February 27, 2013 hearing on Plaintiff’s Motion for
Sanctions (#630) is vacated. The Court shall decide the Motion on the pleading papers.
IT IS FURTHER ORDERED that Defendants’ response to Plaintiff’s Motion (#630) is
due no later than March 4, 2013. Plaintiff’s reply is due no later than March 14, 2013.
IT IS FURTHER ORDERED that in the event the Parties desire a hearing on the Motion
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(#630), they may submit a stipulation no later than March 7, 2013 agreeing on a hearing date no
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later than March 21, 2013.
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IT IS FURTHER ORDERED that in light of the Court’s Order (#627) granting
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Defendant’s Motion for Protective Order (#609), the February 27, 2013 hearing regarding the
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Motion (#609) is vacated.
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DATED this 20th day of February, 2013.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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