Hardeep Sull v. State of Nevada, ex rel. Nevada State Board of Dental Examiners, et al.

Summary

The United States District Court for the District of Nevada denied without prejudice Plaintiff Hardeep Sull’s motion to compel a subpoena and deposition of non-party Dr. David Lee. The court found that Plaintiff had not demonstrated the required meet-and-confer efforts with Dr. Lee or his counsel, had not filed the required certification, and had not shown that the motion was served on Dr. Lee or his counsel.

Holdings

1. A motion to compel a nonparty deposition must be supported by a genuine, personal meet-and-confer with the nonparty or the nonparty's counsel and by the certification required by Local Rule 26-7(c); failure to satisfy those requirements warrants denial of the motion without prejudice.

Questions Presented

1. Whether Plaintiff's motion to compel a nonparty deposition should be considered when she failed to demonstrate a good-faith meet-and-confer with the nonparty or the nonparty's counsel.
2. Whether the motion should be denied when Plaintiff failed to file the required discovery-conferral certification and failed to show service of the motion on the nonparty or the nonparty's counsel.

Disposition

other