1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 LASHAWN EZELL, et al., 6 Case No. 2:21-cv-00474-APG-NJK Plaintiffs, 7 ORDER

8 [Docket No. 1] 9 JAMES CASSIDY, et al., Defendants. 10 11 Pending before the Court is the parties’ motion for a Court order directing third-party witness Davion Allen to show cause why he should not be held in contempt for failing to comply 13] with a subpoena. Docket No. 1. However, the parties have not demonstrated that they served the 14] instant motion on Mr. Allen.' See id. at 4. “Civil contempt is a serious matter that should not be 15] undertaken without evidence that the party against whom contempt is sought has notice that such 16]| proceedings are underway.” Pongsai v. American Express Co.,

, at *2 (C.D. 17] Cal. Aug. 27, 2020) (citing Ochoa v. Lopez,

, at *3 (C.D. Cal. June 20, 2016)); 18] see also LR 5-1(b) (“Either on its own initiative or on a motion by a party, the court may strike an 19]| unserved paper”). 20 Accordingly, the parties are hereby ORDERED to file a proof of service of the instant 21] motion on Mr. Allen, no later than April 13, 2021. 22 IT IS SO ORDERED. 23 Dated: April 9, 2021 24 [A Nancy-J. Koppe 25 United States Magistrate Judge 26 27 ' The parties submit that “[a] copy of this motion will be personally served on Mr. Allen and sent to him by regular and certified mail.” Docket No. 1 at 4. To date, there is no indication 28|| that the parties have served the instant motion on Mr. Allen. See Docket.