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P.I.: Other | Nevada
Motion Compel
First MOTION to Compel Compliance with Subpoena by Plaintiff Odalys Zamora-Yarine. Responses are due by 7/28/2026. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Clark, Clifton) (other)
Minute Order Order on Motion to Compel
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/14/2026. By Law Clerk: S. Gorba.
Pending before the Court is Defendant Sonesta International Hotels Corporation's Motion to Compel Plaintiff to Sign Authorization. ECF No. 48 . The attachments to the Motion demonstrate the parties failed to comply with the letter and spirit of meet and confer requirements established by Local Rule 26-6(c). The emails proffered by Defendant reflect the parties exchanged sentence long emails regarding the discovery at issue. See ECF No. 48-2. The law is clear; the mere exchange of emails is insufficient to satisfy the meet and confer requirement. E.g. Atari Casino, LLC v. Skillco LLC, Case No. 2:17-cv-01552-JAD-NJK, 2017 WL 10239000, at *2 (D. Nev. Nov. 30, 2017). Instead, the parties must come together to "present to each other the merits of their respective positions with the same candor, specificity, and support during informal negotiations as during the briefing of discovery motions." Nevada Power Co. v. Monsanto Co., 151 F.R.D. 118, 120 (D. Nev. 1993). This process is to be treated "as a substitute for, and not simply a formalistic prerequisite to, judicial resolution of discovery disputes." Id. (citation omitted).
Accordingly, IT IS HEREBY ORDERED that the Defendant's Motion to Compel Plaintiff to Sign Authorization (ECF No. 48 ) is DENIED without prejudice.
IT IS FURTHER ORDERED that the parties must meet and confer in earnest, through face-to-face communications in person or over video conferencing, regarding the subject matter of Defendant's Motion to Compel. The parties are encouraged to think carefully about the positions they are taking before returning to the Court. That includes whether the information Defendant is seeking can be gleamed from other medical records presumably exchanged during discovery or if it is available through other means that may be more complete and therefore proportional to the needs of the case.
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