Igbinovia, v. Catholic Healthcare West, et al.,

Filing 103

ORDER Granting 96 Motion for District Judge to Reconsider Order. (See Order for details.) Signed by Judge Gloria M. Navarro on 12/29/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EGHOMWARE IGBINOVIA,
Plaintiff,
vs.

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CATHOLIC HEALTHCARE WEST; ST. ROSE
DOMINICAN HOSPITALS-SIENA CAMPUS;
JASON GLICK, individually; DOES I through V,
and ROE CORPORATIONS I through V,

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Defendants.
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Case No.: 2:07-cv-1170-GMN-GWF
ORDER

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Before the Court is Plaintiff Eghomware Igbinovia’s Motion to Clarify, Reconsider,

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Alter, or Amend this Court’s Order dated 9/15/11(Doc. 89) and 12/07/10 (Doc 77) (ECF No.

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96). Defendants Catholic Healthcare West; St. Rose Dominican Hospitals-Siena Campus and

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Jason Glick filed a Response (ECF No. 97) and Plaintiff filed a Reply (ECF No. 99).

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The Court finds that Judge Jones never actually, specifically, or effectively excluded

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evidence regarding Plaintiff’s Title VII claims for general damages or equitable relief in his

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March 4, 2010 Order granting partial summary judgment in favor of Defendants. (See 3/4/2010

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Order, ECF No. 61). This Court was mistaken in its statements made in its 9/15/2011 and

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12/07/10 Orders. Accordingly, the Court hereby amends the language in those Orders as

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follows:

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 9/15/2011 Order (ECF No. 89, 2:13–16):
“Partial summary judgment has been granted in favor of Defendants
(ECF No. 61), and the only remaining issue for trial is whether or not
Plaintiff is entitled to a punitive damages award…” IS AMENDED TO
STATE: “Partial summary judgment has been granted in favor of
Defendants (ECF No. 61) and the only remaining issue for trial is

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whether or not Plaintiff is entitled to compensatory (or general
damages), punitive damages or equitable relief...”

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 9/15/2011 Order (ECF No. 89, 2:23–24):
“Given that the only remaining claim is for punitive damages, which is
derivative to the claims…” IS AMENDED TO STATE: “Given that
the only remaining claims are derivative to the claims. . .”

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 12/7/10 Order (ECF No. 77, 5:13–14):
“The only remaining claim before this Court is for punitive damages for
a violation of Title VII.” IS AMENDED TO STATE: “The only
remaining claims before this Court are for compensatory (or general
damages), punitive damages and equitable relief for a violation of Title
VII.”
IT IS HEREBY ORDERED that Plaintiff Eghomware Igbinovia’s Motion to Clarify,

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Reconsider, Alter, or Amend this Court’s Order dated 9/15/11(Doc. 89) and 12/07/10 (Doc 77)

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(ECF No. 96) is GRANTED.

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DATED this 29th day of December, 2011.

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________________________________
Gloria M. Navarro
United States District Judge

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