Sales v. Adamson

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA ______________________________________ 3 ) Neal Sales, ) 4 ) Plaintiff, ) ) 3:17-cv-00186-RCJ-WGC 5 ) vs. ) 6 ) ORDER Susan Baros, ) 7 ) Defendant. ) 8 )

9 A few months ago, the Plaintiff filed three objections to the magistrate judge’s orders. The 10 Plaintiff directed two of these objections at an order enlarging the time for discovery. According 11 to the Plaintiff’s allegations, the case is urgent necessitating a swift resolution. However, the 12 Plaintiff filed his objections more than forty days later and Federal Rule of Civil Procedure 72(a) 13 only allows for fourteen days to object. Notwithstanding the Plaintiff’s timeliness issue, the time 14 enlargement was less than two months, and in the meantime, the discovery phase has passed before 15 the Court could consider the objections. Thus, they are moot. 16 Next, the Plaintiff objects to a minute order scheduling a hearing. According to the 17 Plaintiff, this is not an “official court order.” But it is. A magistrate judge has the authority to 18 schedule and hold hearings. See LR IB 1-7(a). The Plaintiff also asserts that requiring the 19 Defendant to provide the courtroom administrator with a number to reach the Plaintiff violates the 20 rule prohibiting ex parte communication. Assuming this constitutes ex parte communication, 21 “an ex parte communication is permissible for administrative purposes that do not concern 22 substantive matters.” Eleanora J. Dietlein Tr. v. Am. Home Mortg. Inv. Corp., No. 3:11-cv-0719- 23 LRH-VPC, 2014 WL 911121, at *2 (D. Nev. Mar. 7, 2014) (citing Canon 3A(4)(b) of the Code of 24 Conduct for United States Judges). Therefore, the Court denies this objection. 1 Conclusion 2 IT IS HEREBY ORDERED that the Plaintiff's Objection to Magistrate Order (ECF No. 3 || 55) is DENIED AS MOOT. 4 IT IS FURTHER ORDERED that the Plaintiff's Objection to Magistrate Order (ECF No. 5 || 59) is DENIED AS MOOT. 6 IT IS FURTHER ORDERED that the Plaintiff's Objection to Magistrate Order (ECF No. 7 || 75) is DENIED. 8 IT IS SO ORDERED. g || DATED: This □□ day of October, 2019. 10 11 — Kean OBERT ¢JJONES 12 United States )Dfstrict Judge 13 14 15 16 17 18 19 20 21 22 23 24

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