Hulihan v. Regional Transportation Commission of Southern Nevada et al

Filing 47

MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 8/5/2010. This case is STAYED for 60 days during which time the parties may conduct discovery. Defendants motion for summary judgment 40 is DENIED without prejudice on the fo llowing basis: Defendants may re-file or file another motion for summary judgment within thirty (30) days after the sixty (60) day discovery period ends. Plaintiff shall have fourteen (14) days thereafter within which time to file a response, and Defendants shall have seven (7) days within which time to file a reply. (Copies have been distributed pursuant to the NEF - ECS)

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Hulihan v. Regional Transportation Commission of Southern Nevada et al Doc. 47 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SHARON HULIHAN, ) ) Plaintiff, ) ) vs. ) ) THE REGIONAL TRANSPORTATION ) COMMISSION OF SOUTHERN NEVADA, ) and LAIDLAW TRANSIT SERVICES, INC.,) and FIRST TRANSIT INC.,; and DOES ) 1-100,inclusive, ) ) Defendants. ) ___________________________________) PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN Reporter: 2:09-CV-01096-ECR-RJJ (Base Case) 2:09-CV-01987-ECR-RJJ (Member Case) MINUTES OF THE COURT DATE: August 5, 2010 U. S. DISTRICT JUDGE NONE APPEARING Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS NONE APPEARING NONE APPEARING Sharon Hulihan ("Hulihan"), a pro se litigant, alleges, inter alia, discrimination under Title II of the American with Disabilities Act. Defendants are Regional Transportation Commission of Southern Nevada, Laidlaw Transit Services, Inc. and First Transit Inc. On June 28, 2010, Defendants filed a motion for summary judgment (#40). Plaintiff opposed (#45) the motion indicating, through an affidavit, that she did not conduct discovery during the period allotted for discovery because she believed discovery was somehow stayed until after the parties' settlement conference was concluded. We will treat Plaintiff's opposition as a motion under Fed. R. Civ. P. 56(f) and stay the case temporarily to allow Plaintiff to conduct discovery. No further such stays will be granted. IT IS, THEREFORE, HEREBY ORDERED that the case is STAYED for 60 days during which time the parties may conduct discovery. Dockets.Justia.com IT IS HEREBY FURTHER ORDERED that Defendants' motion for summary judgment (#40) is DENIED without prejudice on the following basis: Defendants may re-file or file another motion for summary judgment within thirty (30) days after the sixty (60) day discovery period ends. Plaintiff shall have fourteen (14) days thereafter within which time to file a response, and Defendants shall have seven (7) days within which time to file a reply. LANCE S. WILSON, CLERK By /s/ Deputy Clerk 2

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