context: First, when did the movant become aware of the issue in dispute? Second, was the movant diligent in attempting to resolve the dispute and/or in bringing that dispute to the Court's attention as soon as practicable? Third, was the movant otherwise at fault for creating the crisis situation? When an attorney knows of the existence of a dispute and unreasonably delays in bringing that dispute to the Court's attention until the eleventh hour, the attorney has created the emergency situation and the request for relief may be denied outright.
citation_a.signal: see
citation_a.identifier: 2011 WL 4905639, *1
citation_a.parenthetical: overruling objections to magistrate judge order finding an emergency motion to quash subpoena was untimely when three-weeks' notice was provided for a deposition but the motion to quash was filed only three days before the deposition
citation_a.sentence: See Allstate Ins. Co. v. Nassiri, 2011 WL 4905639, *1 (D.Nev. Oct. 14, 2011) (overruling objections to magistrate judge order finding an emergency motion to quash subpoena was untimely when three-weeks’ notice was provided for a deposition but the motion to quash was filed only three days before the deposition); see also Painter, 2014 WL 6871750, at *1 (requiring parties to comply with the deadline to file pretrial order where emergency motion was filed two business days before deadline because the movant’s attorney waited roughly 30 days to file the motion).
citation_b.signal: see also
citation_b.identifier: 2014 WL 6871750, at *1
citation_b.parenthetical: requiring parties to comply with the deadline to file pretrial order where emergency motion was filed two business days before deadline because the movant's attorney waited roughly 30 days to file the motion
citation_b.sentence: See Allstate Ins. Co. v. Nassiri, 2011 WL 4905639, *1 (D.Nev. Oct. 14, 2011) (overruling objections to magistrate judge order finding an emergency motion to quash subpoena was untimely when three-weeks’ notice was provided for a deposition but the motion to quash was filed only three days before the deposition); see also Painter, 2014 WL 6871750, at *1 (requiring parties to comply with the deadline to file pretrial order where emergency motion was filed two business days before deadline because the movant’s attorney waited roughly 30 days to file the motion).