Ervine v. Desert View Regional Medical Center Holdings, LLC et al

Filing 76

ORDER that the parties are to file supplemental briefing. Plaintiff's Opening brief due by 8/5/2014. Defendants' Answering brief due by 8/19/2014. Plaintiff's Reply brief due by 8/29/2014. Signed by Judge James C. Mahan on 7/16/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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2:10-CV-1494 JCM (GWF)

SIE ERVINE,
Plaintiff,
v.
DESERT VIEW REGIONAL
MEDICAL CENTER HOLDINGS
LLC., et al.,
Defendants.

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ORDER

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The Ninth Circuit has recently issued an opinion in this matter vacating in part, reversing in

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part, and remanding this court’s grant of summary judgment. Ervine v. Desert View Reg’l Med. Ctr.

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Holdings, LLC, et al, — F.3d —, Dkt. No. 12-15059, 2014 WL 2210845 (9th Cir. May 29, 2014).

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That opinion vacated the portion of this court’s order granting summary judgment as to Mr.

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Ervine’s claims under Title III of the ADA. As instructed by the circuit court, those claims are

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dismissed without prejudice for lack of jurisdiction.

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In accordance with the portions of the opinion discussing plaintiff’s claims under the

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Rehabilitation Act, the parties are hereby ordered to file supplemental briefing which (1) identifies

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which allegedly discriminatory act(s) under the Rehabilitation Act fall within the statute of

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limitations; (2) argues the merits of those allegations; and (3) details the status of the state law claim,

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as no party discussed it on appeal and the Ninth Circuit returned it to this court because of that.

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...

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James C. Mahan
U.S. District Judge

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Plaintiff shall file an opening brief not exceeding twenty (20) pages no later than August 5,

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2014. Defendants shall file an answering brief not exceeding twenty (20) pages no later than August

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19, 2014. Plaintiff shall file a reply not exceeding ten (10) pages no later than August 29, 2014.

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IT IS SO ORDERED.

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DATED July 16, 2014.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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