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Eruchalu v. U.S. Bank, Nat'l Ass'n

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jun 29, 2015
Case No. 2:12-cv-1264-RFB-VCF (D. Nev. Jun. 29, 2015)

Opinion

Case No. 2:12-cv-1264-RFB-VCF

06-29-2015

GODSON ERUCHALU, Plaintiff, v. U.S. BANK, NATIONAL ASSOCIATION, et al., Defendants.


ORDER

This matter involves pro se Plaintiff Gordon Eruchalu's wrongful foreclosure action against First Option Mortgage and U.S. Bank, among others. (See Second Amend. Compl. #104). Before the court is Eruchalu's Motion to Compel (#264). For the reasons stated below, Eruchalu's motion is denied.

Parenthetical citations refer to the court's docket.

Federal Rule of Civil Procedure 26(b)(2) governs the scope of discovery. In pertinent part, it states that the court "must" limit the frequency and or extent of discovery if "the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case." FED. R. CIV. P. 26(b)(2)(C)(iii). A district court has "wide latitude" in controlling discovery, and its rulings will not be overturned in absence of "a clear abuse of discretion." Lane v. Dep't of Interior, 523 F.3d 1128, 1134 (9th Cir. 2008); White v. City of San Diego, 605 F.2d 455, 461 (9th Cir. 1979)

On May 11, 2015, this court entered a Report and Recommendation stating that Eruchalu should be sanctioned and default judgment should be entered against him. See (Doc. #255). In light of the court's recommendation that judgment be entered against Eruchalu, the court finds that it must limit discovery by closing all discovery in this matter until the District Judge rules on the Report and Recommendation. Until that time, all future discovery motions will be denied.

The District Judge has not yet adjudicated the court's Report and Recommendation because Eruchalu's objections are still briefing. --------

ACCORDINGLY, and for good cause shown,

IT IS ORDERED that Eruchalu's (#264) is DENIED.

IT IS SO ORDERED.

DATED this 29th day of June, 2015.

/s/_________

CAM FERENBACH

UNITED STATES MAGISTRATE JUDGE


Summaries of

Eruchalu v. U.S. Bank, Nat'l Ass'n

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jun 29, 2015
Case No. 2:12-cv-1264-RFB-VCF (D. Nev. Jun. 29, 2015)
Case details for

Eruchalu v. U.S. Bank, Nat'l Ass'n

Case Details

Full title:GODSON ERUCHALU, Plaintiff, v. U.S. BANK, NATIONAL ASSOCIATION, et al.…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Jun 29, 2015

Citations

Case No. 2:12-cv-1264-RFB-VCF (D. Nev. Jun. 29, 2015)