Clark v. Guerrero
Filing
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ORDER Granting 121 Plaintiff's Motion for Meet and Confer to the extent Plaintiff shall immediately send defense counsel a letter outlining in detail any discovery dispute he has. Signed by Magistrate Judge Peggy A. Leen on 2/25/13. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MICHAEL CLARK,
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Plaintiff,
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vs.
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OFFICER GUERRERO,
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Defendant.
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__________________________________________)
Case No. 2:09-cv-00141-JCM-PAL
ORDER
(Mtn to Meet & Confer - Dkt. #121)
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This matter is before the court on Plaintiff Michael Clark’s Motion for Order for Defense
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Counsel to Meet and Confer for Stipulation (Dkt. #121). The court has considered the Motion,
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Defendant Adrian Guerrero’s Response (Dkt. #123), and Plaintiff’s Reply (Dkt. #125).
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Plaintiff, a former inmate of the Nevada Department of Corrections, is proceeding in this action
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pro se. He filed a complaint in state court, and it was removed to this court on January 21, 2009. This
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case has a complicated procedural history as outlined in the court’s previous Order (Dkt. #102). On
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October 22, 2012, the court entered a Scheduling Order (Dkt. #118). Discovery in this case closed on
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January 22, 2013. Dispositive motions were due February 21, 2013. Defendant filed a Motion to
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Extend the Dispositive Motion Deadline (Dkt. #126) on February 14, 2013. That Motion is currently
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pending before the district judge.
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The instant Motion represents that Plaintiff needs the court to direct defense counsel to “meet
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and confer for stipulation before filing a motion for summary judgment.” See Motion at 1. Defendant
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responds that after receiving the Motion, defense counsel Kelly M. Smith scheduled a telephonic
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conference with Plaintiff. Therefore, Defendants argue Plaintiff’s request is moot. Plaintiff replies that
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he did not conduct a meet and confer with defense counsel, and the only thing he discussed with
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defense counsel was settlement. Plaintiff insists “the parties must meet and confer for stipulation.”
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Reply at 2. Attached to the reply is an “affidavit” by the Plaintiff indicating he was out of town on
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December 19, 2012, as defense counsel was aware. He also indicates he sent defense counsel a request
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for discovery on January 13, 2013, and he appears to be requesting a meet and confer conference to
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discuss discovery defense counsel either has not responded to or discovery that he believes is
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incomplete.
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If Plaintiff wants a meet and confer conference to discuss Defendant’s discovery responses, he
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should send defense counsel a letter outlining in detail what his disputes are. The court will require
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defense counsel to respond in writing and to participate in a telephonic dispute resolution conference
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within two weeks of receipt of Plaintiff’s letter in an effort to resolve any discovery dispute without
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court intervention.
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Accordingly,
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IT IS ORDERED that Plaintiff’s Motion for Meet and Confer (Dkt. #121) is GRANTED to the
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extent Plaintiff shall immediately send defense counsel a letter outlining in detail any discovery
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disputes he has. Defense counsel shall respond in writing and shall participate in a telephonic dispute
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resolution conference with the Plaintiff no later than fourteen days after receipt of Plaintiff’s letter.
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Plaintiff’s letter shall propose dates and times for the dispute resolution conference.
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Dated this 25th day of February, 2012.
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_________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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