Ezell v. Cassidy

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA LASHAWN EZELL, et al.,

Case No. 2:21-cv-00474-APG-NJK Plaintiffs,

ORDER [Docket No. 1]

JAMES CASSIDY, et al.,

Defendants.

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., 2020 WL 6115086, at *2 (C.D. 17] Cal. Aug. 27, 2020) (citing Ochoa v. Lopez, 2016 WL 9712071, 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”).

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.

IT IS SO ORDERED.

Dated: April 9, 2021

[A Nancy-J. Koppe

United States Magistrate Judge ' 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 that the parties have served the instant motion on Mr. Allen. See Docket.