Perkins Jr. v. Panorama Towers Condo Unit Owners, Dennis Kariger et al
| Preston D. Perkins Jr. and Preston D. Perkins, Jr. |
| Panorama Towers Condo Unit Owners, Dennis Kariger, Lucky Lact LLC, Tony S. Cercy, Cleanmax, Inc., Craig Cox, Key PM, Key Realty Southwest, Brian Hartsell, Tara Clark-Newberry, Jonathan C. Patillo and Patrick Kang |
| 2:2023cv01690 |
| October 17, 2023 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Cristina D Silva |
| Constitutional - State Statute |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 39 REPLY to Response to #32 Motion to Dismiss,, by Defendant Lucky Lact LLC, Tony S. Cercy. (Mack, Karissa) |
| Filing 38 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 12/11/2023. Re: #35 , #36 , #37 Motions to Compel. Plaintiff has filed three motions to compel, each of which is premature. The parties have not submitted a discovery plan and scheduling order required by Federal Rule of Civil Procedure 26 and Local Rule 26-1. Additionally, it is unclear if Plaintiff has served his requests for admissions on the Defendants or if he is using the Court to serve his requests to Defendants. Finally, Plaintiff has not explained whether he has made a good faith effort to meet and confer as required in Local Rule 26-6(d). IT IS THEREFORE ORDERED that Plaintiff's motions to compel #35 , #36 , #37 , are DENIED AS PREMATURE. (no image attached) (Copies have been distributed pursuant to the NEF - KL) |
| Filing 37 First MOTION to Compel Request For Admissions for LUCKY LACT/ TONY S. CERCY re #27 Motion to Strike, #32 Motion to Dismiss,, #34 Response by Plaintiff Preston D. Perkins, Jr. Responses due by 12/22/2023. (Attachments: #1 Exhibit Rejected mailing from LUCKY LACTS' representatives along with other defendants')(Perkins, Preston) (arbitration) |
| Filing 36 First MOTION to Compel Request For Admissions for JONATHAN C. PATTILLO artifical and individual capacity re #27 Motion to Strike, #35 Motion to Compel by Plaintiff Preston D. Perkins, Jr. Responses due by 12/22/2023. (Perkins, Preston) (arbitration) |
| Filing 35 First MOTION to Compel Request for admissions for PANORAMA TOWERS re #27 Motion to Strike by Plaintiff Preston D. Perkins, Jr. Responses due by 12/22/2023. (Perkins, Preston) (arbitration) |
| Filing 34 RESPONSE to #32 Motion to Dismiss,, by Plaintiff Preston D. Perkins, Jr. Replies due by 12/13/2023. (Perkins, Preston) |
| Filing 33 CERTIFICATE of Interested Parties by Lucky Lact LLC, Tony S. Cercy. There are no known interested parties other than those participating in the case. (Mack, Karissa) |
| Filing 32 MOTION to Dismiss #1 Complaint, by Defendant Lucky Lact LLC, Tony S. Cercy. Responses due by 12/19/2023. Certificate of Interested Parties due by 12/15/2023. Discovery Plan/Scheduling Order due by 1/19/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mack, Karissa) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 31 RESPONSE to #30 Motion to Strike by Defendant Panorama Towers Condo Unit Owners, Dennis Kariger. Replies due by 12/12/2023. (Lowry, Michael) |
| Filing 30 Second MOTION to Strike #27 Motion to Strike by Plaintiff Preston D. Perkins, Jr. Responses due by 12/17/2023. (Perkins, Preston) (answer) |
| Filing 29 MOTION to Stay Discovery by Defendant Panorama Towers Condo Unit Owners, Dennis Kariger. Responses due by 12/14/2023. (Lowry, Michael) |
| Filing 28 RESPONSE to #27 Motion to Strike by Defendant Panorama Towers Condo Unit Owners, Dennis Kariger. Replies due by 12/6/2023. (Lowry, Michael) |
| Filing 27 First MOTION to Strike by Plaintiff Preston D. Perkins, Jr. Responses due by 12/8/2023. (Attachments: #1 Appendix Providing Proof of Causation)(Perkins, Preston) (answer) |
| Filing 26 CERTIFICATE of Interested Parties by Preston D. Perkins, Jr. There are no known interested parties other than those participating in the case (Perkins, Preston) |
| Filing 24 SECOND CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Preston D. Perkins Jr. Certificate of Interested Parties due by 11/20/2023. (no image attached) (EDS) |
| Filing 23 CERTIFICATE of Interested Parties by Panorama Towers Condo Unit Owners, Dennis Kariger. There are no known interested parties other than those participating in the case. (Lowry, Michael) |
| Filing 22 PROPOSED SUMMONS to be issued Secondary summons to all defendant(s) wit Plaintiffs' mailing address front page. by Plaintiff Preston D. Perkins, Jr. (Perkins, Preston) |
| Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/13/2023. On November 11, 2023, pro se plaintiff Preston Perkins, Jr. filed a motion to strike (ECF No. #19 ) defendants Panorama Towers Condominium Unit Owners' Association, Inc. and Dennis Kariger's motion to dismiss (ECF No. #17 ). The motion fails to cite points and authorities in support of striking the motion to dismiss. Local Rule 7-2(d) states that "[t]he failure of a moving party to file points and authorities in support of the motion constitutes a consent to denial of the motion." LR 7-2(d). Accordingly, Perkins' motion to strike is DENIED. Perkins is reminded that he must file a response to the motion to dismiss by November 27, 2023. The deadline to respond is extended until the 27th because the court will be closed for the Thanksgiving holiday.On November 11, 2023, Perkins also filed a motion to compel certain disclosures. ECF No. #20 . The court has not yet issued a discovery plan and scheduling order, rendering this motion premature. It is therefore DENIED WITHOUT PREJUDICE. Defendants are not obligated to respond to ECF No. #20 , or any other premature discovery request.The court is mindful that pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). The court takes this opportunity to remind Perkins that "[p]ro se litigants must follow the same rules of procedure that govern other litigants." King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987); see also Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) ("Although we construe pleadings liberally in their favor, pro se litigants are bound by the rules of procedure."). (no image attached)(Copies have been distributed pursuant to the NEF - JLB) |
| Filing 20 First MOTION to Compel Sellers' Real Property DIscloosure Statement for 4575 Dean Martin unit 300 etc. amongst other Authoritative Information/Documentation (addressed to defendant(s) by Plaintiff Preston D. Perkins, Jr. Responses due by 11/25/2023. (Attachments: #1 Exhibit BOYD School of Law PANORAMA TOWERS CONDO. UNIT ONWERS' ASS'N V HALLIER, 137 Nev. Adv. Op. 67 (November 2021))(Perkins, Preston) (discovery) |
| Filing 19 First MOTION to Strike by Plaintiff Preston D. Perkins, Jr. Responses due by 11/25/2023. (Attachments: #1 Appendix Appendix providing burden of proof of claims)(Perkins, Preston) (dispositive) |
| Filing 25 SUMMONS Returned Executed re #1 complaint by Preston D. Perkins, Jr. Tara Clark-Newberry served on 11/10/2023; Cleanmax, Inc., Craig Cox served on 11/10/2023; Patrick Kang served on 11/10/2023; Key PM, Key Realty Southwest, Brian Hartsell served on 11/10/2023; Lucky Lact LLC, Tony S. Cercy served on 11/10/2023; Panorama Towers Condo Unit Owners, Dennis Kariger served on 11/10/2023; Jonathan C. Patillo served on 11/10/2023. (CAH) |
| Filing 18 PROPOSED SUMMONS to be issued to all PANORAMA TOWERS ET. AL. by Plaintiff Preston D. Perkins, Jr. (Perkins, Preston) |
| Filing 17 MOTION to Dismiss by Defendant Panorama Towers Condo Unit Owners, Dennis Kariger. Responses due by 11/24/2023. Certificate of Interested Parties due by 11/20/2023. Discovery Plan/Scheduling Order due by 12/25/2023. (Attachments: #1 Exhibit 1 - 1/14/2021 Complaint, #2 Exhibit 2 - 5/20/2021 Joint Case Conference Report, #3 Exhibit 3 - 10/5/2021 Operative 3rd Amended Complaint, #4 Exhibit 4 - 3/7/2023 Order Granting Plaintiff's Counsel Motion to Withdraw, #5 Exhibit 5 - 6/28/2023 Order Granting Panorama Towers' Motion for Summary Judgment, #6 Exhibit 6 - 8/6/2023 Plaintiff's Notice of Appeal, #7 Exhibit 7 - 9/1/2023 Certified Order Granting Summary Judgment, #8 Exhibit 8 - 9/14/2023 Order Granting Panorama Towers' Request for Costs)(Lowry, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 11/9/2023. Re: #8 , #9 , #10 , #11 , #12 , #13 , #14 , #15 Plaintiff's discovery motions. The Court denies Plaintiff's discovery motions as premature because Defendants have not yet been served in accordance with Federal Rule of Civil Procedure 4 and discovery has not yet commenced. The Court notes that it has not yet issued summons. Instead, Plaintiff appears to have filled out the summonses himself and has purported to serve them on Defendants vie e-filing. (ECF No. #4 ). This is not the proper process for obtaining summons or serving them on Defendants as outlined by Federal Rule of Civil Procedure 4. Additionally, there is no discovery plan or scheduling order in place as required by Federal Rule of Civil Procedure 26(f) and Nevada Local Rule 26-1. IT IS THEREFORE ORDERED that Plaintiff's discovery motions #8 , #9 , #10 , #11 , #12 , #13 , #14 , and #15 are DENIED WITHOUT PREJUDICE as premature. (no image attached) (Copies have been distributed pursuant to the NEF - TG) |
| Filing 15 First MOTION to Compel answers to request(s) 1-50 for LUCKY LACT and TONY S. CERCY affidavit of FACTS attached re #8 Motion to Compel,, by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Perkins, Preston) (other) |
| Filing 14 First MOTION to Compel answers to requests 1-38 for CLEANMAX and CRAIG COX including an affidavit of facts re #8 Motion to Compel,, by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Perkins, Preston) (other) |
| Filing 13 First MOTION to Compel answers to requests' 1-58 for JONATHAN C. PATTILLO individual and artifical capacity attached with an affidavit of facts re #8 Motion to Compel,, by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Perkins, Preston) (other) |
| Filing 12 First MOTION to Compel KEY PROPERTY MANAGEMENT/ KEY REALTY SOUTHWEST and BRIAN HARTSELL answers to requests 1-50 re #8 Motion to Compel,, by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Perkins, Preston) (other) |
| Filing 11 First MOTION to Compel PANORAMA TOWERS and DENNIS KARIGERs' answers to requests' 1-50 including Affidavit of Fact(s) re #8 Motion to Compel,, by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Perkins, Preston) (other) |
| Filing 10 First MOTION to Compel TARA D CLARK NEWBERRY individual & ARTIFICAL CAPACITY MAGISTRATE/JUDGE 1-80 including Affidavit of FACTS re #8 Motion to Compel,, by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Perkins, Preston) (other) |
| Filing 9 First MOTION to Compel P. KANG individual and artifical capacityAnswers to 1-48 Request for Admission(s)/ including Affidavit of Fact(s) by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Perkins, Preston) (other) |
| Filing 8 First MOTION to Compel Sellers' Real Property Disclosure for unit 300, Mold/Microbial Growth Testing for unit 300, communication(s) related tobuilding defect(s), Property Inspection Report, Oath Request for BAR memebers listed as defendant(s), Insurance Policies, Contruction and maintenance record for PANORAMA TOWERS and unit 300 owned by LUCKY LACT & MR. CERCY, documentation of repairs on PANORAMA TOWERS PROPERTY in unit 300, and financial records by Plaintiff Preston D. Perkins, Jr. Responses due by 11/22/2023. (Attachments: #1 Appendix Appendix providing burden of proof of claims)(Perkins, Preston) (discovery) |
Filing 7
ORDER granting ECF No. #6 Motion for Pro Se Litigant to File Electronically. IT IS FURTHER ORDERED that Plaintiff must: (1) obtain a PACER account; (2) be familiar with the Local Rules for the Electronic Filing procedures in the District of Nevada; and (3) complete the e-filing registration for the District of Nevada through Manage PACER Account. Signed by Magistrate Judge Daniel J. Albregts on 11/3/2023.(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 5 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Preston D. Perkins Jr.. Certificate of Interested Parties due by 11/6/2023. (no image attached) (KF) |
| Filing 6 MOTION for Pro Se Litigant to File Electronically by Plaintiff Preston D. Perkins Jr. Responses due by 11/11/2023. (CAH) |
| Filing 4 SUMMONS Returned Executed by Preston D. Perkins Jr. re #1 Complaint. Tara Clark-Newberry served on 10/24/2023; Cleanmax, Inc., Craig Cox served on 10/24/2023; Patrick Kang served on 10/24/2023; Key PM, Key Realty Southwest, Brian Hartsell served on 10/24/2023; Lucky Lact LLC, Tony S. Cercy served on 10/24/2023; Panorama Towers Condo Unit Owners, Dennis Kariger served on 10/24/2023; Jonathan C. Patillo served on 10/24/2023. (CAH) (Main Document 4 replaced on 10/24/2023) (CAH). |
| Filing 3 ADVISORY LETTER to litigant. (CAH) |
| Filing 2 Consent for Electronic Service of Documents by Plaintiff Preston D. Perkins Jr. (CAH) |
| Filing 1 COMPLAINT against Tara Clark-Newberry, Cleanmax, Inc., Craig Cox, Patrick Kang, Key PM, Key Realty Southwest, Brian Hartsell, Lucky Lact LLC, Tony S. Cercy, Panorama Towers Condo Unit Owners, Dennis Kariger, Jonathan C. Patillo (Filing fee $402 - PAID) by Preston D. Perkins Jr. Certificate of Interested Parties due by 10/27/2023. Proof of service due by 1/15/2024. (Attachments: #1 Civil Cover Sheet, #2 Receipt) (CAH) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. (CAH) |
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