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

Filing 90

ORDER that the parties shall file dispositive motions or a joint pretrial order within 45 days of this date. Signed by Judge James C. Mahan on 10/9/15. (Copies have been distributed pursuant to the NEF - EW)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

SIE ERVINE, et al.,

8

Plaintiff(s),

9
10
11

Case No. 2:10-CV-1494 JCM (GWF)
ORDER

v.
DESERT VIEW REGIONAL MEDICAL
CENTER HOLDINGS, LLC, et al.,
Defendant(s).

12
13

Presently before the court is the case of Ervine v. Desert View Regional Medical Center

14
15
16

Holdings, LLC, et al., case number 2:10-cr-01494-JCM-GWF. Plaintiff Sie Ervine’s complaint
alleges violations of the Rehabilitation Act.
On May 29, 2014, a 9th Circuit panel issued an opinion vacating in part, reversing in part,

17
18
19

and remanding this court’s order on summary judgment. (Doc. # 71). On June 25, 2014, the panel
issued its mandate to this court. (Doc. # 72).
The panel, inter alia, reversed this court’s ruling that all of plaintiff’s claims were time-

20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

barred. (Doc. # 71). This court then ordered the parties to file supplemental briefing, which the
parties have done. The parties have not since made any motions or filed a pretrial order of any
type. The 9th Circuit did not make a determination as to whether triable questions of fact existed.
Therefore, the court finds that the parties must either present motions for summary judgment if
they believe that no triable facts exist or file a joint pretrial order in order for the case to proceed
to trial.
...
...

1

Accordingly,

2

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the parties shall file

3
4
5
6

dispositive motions or a joint pretrial order within 45 days of this date.
DATED October 9, 2015.
__________________________________________
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-