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Matt Moonin; Donn Yarnall; and Erik Lee v. State of Nevada

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA


May 9, 2013

MATT MOONIN; DONN YARNALL; AND ERIK LEE, PLAINTIFFS,
v.
STATE OF NEVADA, EX REL. ITS DEPARTMENT OF PUBLIC SAFETY HIGHWAY PATROL; LAS VEGAS
METROPOLITAN POLICE DEPARTMENT; CITY OF LAS VEGAS; CLARK COUNTY;
DOUG GILLESPIE, SHERIFF; DAVE LEWIS; JOHN STEWART; KEVIN TICE; THOM
JACKSON; JIM PETERSON; WAYNE PROSSER; CHARLES HAYCOX; BRIAN
SANCHEZ; HUGH SHOOK; TODD ELLISON; ERVIN RAAB; BEN LEONARD;
LUIS ZAPATA; DONALD DICE; CHRIS PERRY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; PAT GALLAGHER; GREG ZEIL; DALE JAEGER; MEL ENGLISH; TOM
HIGGINS; MARK RISPOLI; MAKOR K-9; DOES 1-9, INCLUSIVE, AND CORPORATIONS 10-14, DEFENDANTS.

The opinion of the court was delivered by: Larry R. Hicks United States District Judge

ORDER

Before the court are Plaintiffs' Motion for Leave to File Excess Pages (#73*fn1 ) and State of Nevada defendants' Motions for Leave to File Excess Pages (##37, 87). Also before the court is State of Nevada defendants' Motion for Leave to File Sur-Reply (#99). Finally, Plaintiffs have lodged objections to the Magistrate Judge's Order limiting discovery (#95), to which nearly all the defendants have responded (#96), and Plaintiffs have replied (#97).

In light of the court's Order granting various defendants' Motions to Dismiss (#100), Plaintiffs' objections to the Magistrate Judge's ruling are overruled. Plaintiffs seek discovery of Fourth Amendment violations which they have no standing to remedy. The Magistrate Judge's ruling therefore correctly excluded discovery of these violations. See Fed. R. Civ. P. 26(b)(1)

(limiting discovery to matters relevant to subject of suit).

IT IS THEREFORE ORDERED that Plaintiffs' objections to the Magistrate Judge's ruling (#95) are DENIED.

IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File Excess Pages (#73) and State of Nevada defendants' Motions for Leave to File Excess Pages (##37, 87) are GRANTED nunc pro tunc.

IT IS FURTHER ORDERED that State of Nevada defendants' Motion for Leave to File Sur-Reply (#99) is DENIED as moot.

IT IS SO ORDERED.


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