Valdez v. Cox Communications Las Vegas, Inc. et al

Filing 306

ORDER Granting 213 Motion for Partial Summary Judgment. Plaintiff Joseph Valdezs individual claim under the Fair Labor Standards Act remains pending. Granting 216 Motion to Sever and 217 Motion to Remand to State Court. Denying as moot 214 Motion for Judgment. Signed by Judge Philip M. Pro on 11/22/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JOSEPH VALDEZ,
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Plaintiff,
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v.
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COX COMMUNICATIONS LAS
VEGAS, INC., et al.,
Defendants.

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2:09-CV-01797-PMP-RJJ

ORDER

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IT IS ORDERED that Defendant Sierra Communications Services, Inc.’s Motion

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for Partial Summary Judgment on Plaintiff’s Claim Under the Fair Labor Standards Act

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(Doc. #213) is hereby GRANTED. However, Plaintiff Joseph Valdez’s individual claim

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under the Fair Labor Standards Act remains pending.

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IT IS FURTHER ORDERED that Plaintiff Joseph Valdez’s Motion to Sever

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(Doc. #216) and Remand (Doc. #217) is hereby GRANTED. Plaintiff’s second and third

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causes of action arising under Nevada state law are hereby SEVERED from the Amended

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Complaint (Doc. #17) and REMANDED to the Eighth Judicial District Court in and for the

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County of Clark, State of Nevada in Case No. A-09-597433-C.

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IT IS FURTHER ORDERED that Defendant Sierra Communications Services,

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Inc.’s Motion for Judgment on the Pleadings (Doc. #214) is hereby DENIED as moot,

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without prejudice to renew in the remanded state court proceedings.

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DATED: November 22, 2011
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PHILIP M. PRO
United States District Judge