Schwartz v. Clark County et al
Filing
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ORDER re 59 Mandate of USCA, Ninth Circuit reversing and remanding this court's order on summary judgment. The parties shall file supplemental briefs on the remanded issues. Defendants-Appellees Clark County and Jacqueline Holloway shall file their opening briefs within 14 days of this Order. Plaintiff-Appellant Mark Schwartz shall file his response within 14 days of Defendants-Appellees' opening brief. Defendants-Appellees shall file their reply, if any, within seven (7) days of Plaintiff-Appellant's response. Signed by Judge James C. Mahan on 9/14/2016. (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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MARK J. SCHWARTZ,
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Case No. 2:13-CV-709 JCM (VCF)
Plaintiff(s),
ORDER
v.
CLARK COUNTY, NEVADA, et al.,
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Defendant(s).
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Presently before the court is the case of Schwartz v. Clark County et al., case number 2:13cv-00709-JCM-VCF.
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On May 27, 2016, the Ninth Circuit issued a memorandum reversing and remanding this
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court’s order on summary judgment (ECF Nos. 43, 44). (ECF No. 58). On June 21, 2016, the
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Ninth Circuit issued its mandate to this court. (ECF No. 59).
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The Ninth Circuit reversed this court’s ruling that plaintiff-appellant Mark Schwartz failed
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to raise a genuine dispute of material fact as to whether his termination was motivated by his
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disability or his age, rather than by legitimate budgetary concerns. (ECF No. 58).
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The Ninth Circuit determined that plaintiff-appellant raised a genuine dispute of material
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fact as to whether his selection for layoff was pretext for unlawful discrimination and that the
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evidence supporting plaintiff-appellant’s ADA and ADEA claims raises a triable issue as to his §
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1983 claim against defendant-appellee Jacqueline Holloway. (ECF No. 58).
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In light of the foregoing, the parties shall file supplemental briefs on the remanded issues.
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Briefing shall proceed as follows: defendants-appellees have fourteen (14) days from the date of
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this order to file opening briefs; thereafter, plaintiff-appellant has fourteen (14) days to file a
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response; and thereafter, defendants-appellees have seven (7) days to file a reply, if any.
James C. Mahan
U.S. District Judge
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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendants-appellees
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Clark County and Jacqueline Holloway shall file their opening briefs within fourteen (14) days of
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this order. Plaintiff-appellant Mark Schwartz shall file his response within fourteen (14) days of
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defendants-appellees’ opening brief. Defendants-appellees shall file their reply, if any, within
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seven (7) days of plaintiff-appellant’s response.
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DATED September 14, 2016.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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