Richardson v. Hard Rock Hotel, Inc. et al

Filing 20

ORDER Granting 19 Motion Request to Excuse Defendant from Personal Attendance at ENE Session and the Requirement to Submit a Confidential ENE Statement. Signed by Magistrate Judge Cam Ferenbach on 01/16/2014. (Copies have been distributed pursuant to the NEF - AC)

Case 2:13-cv-01913-GMN-CWH Document 19 Filed 01/15/14 Page 1 of 3

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Bruce C. Young, Esq., Bar #5560
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
702.862.8800
Telephone:
Fax No.:
702.862.8811

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Attorneys for Defendant
BENNIE R. MANCINO

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LEON RICHARDSON,

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Plaintiff,

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vs.

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HARD ROCK HOTEL, INC., a Nevada
corporation, BERNIE MANCINO, DOES
I-X, inclusive and Roe, and Roe
Corporations I-X, inclusive,

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Case No. 2:13-cv-1913-GMN-CWH

REQUEST TO EXCUSE DEFENDANT
BENNIE MANCINO FROM PERSONAL
ATTENDANCE AT ENE SESSION AND
THE REQUIREMENT TO SUBMIT A
CONFIDENTIAL ENE STATEMENT

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Defendants.
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COMES NOW Defendant BENNIE MANCINO, by and through his counsel, Littler

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Mendelson, and hereby requests the Court to excuse him and his counsel from the requirements to

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submit a Confidential ENE Statement and to attend the Early Neutral Evaluation ("ENE") session,

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currently scheduled for January 29, 2014, at 10:00 a.m.

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Evaluation Conference (Dkt #10).

Order Scheduling Early Neutral

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As set forth in Defendant Mancino's Motion to Dismiss Complaint (Dkt #8), filed on

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November 11, 2013, controlling case law precludes the claims asserted against Defendant Mancino

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as a matter of law. As a supervisor, he is not a statutory "employer" and cannot be held individually

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liable for a claim of race discrimination under either Title VII or N.R.S. § 613.310, et seq. Miller v.

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Maxwell's Int'l Inc., 991 F.2d 583, 587 (9th Cir. 1993); Kindred v. Second Judicial Dist. Ct., 996

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P.2d 903 n.3 (2000); Apeceche v. White Pine County, 615 P.2d 975, 977 (Nev. 1980).

LITTLER MENDELSON, P.
ATTO"NEV& AT LAW

3960 Hetwa1d Hughn Parkwa~
Sulle300
Lat Vegas, NIJ 89169·5937
702 862 8800

Case 2:13-cv-01913-GMN-CWH Document 19 Filed 01/15/14 Page 2 of 3

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The same is true for Plaintiffs claim of wrongful termination under Nevada state law. Not

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only is Defendant Mancino not an "employer" for purposes of being held responsible for the

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termination of Plaintiffs employment, the Nevada Supreme Court has repeatedly held that

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"Nevada's public policy against impermissible discrimination cannot be vindicated through a

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tortious discharge public policy tort, but rather, must be pursued through statutory remedies."

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Herman v. United Brotherhood of Carpenters & Joiners ofAmerica, Local Union No. 971, 60 F.3d

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1375, 1385 (9th Cir. 1995) (citing Sands Regent v. Valgardson, 105 Nev. 436, 777 P.2d 898, 900

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(Nev. 1989); see also, Jones v. Reno Hilton Resort Corp., 889 F. Supp. 408, 411 n.4 (claim for

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tortious discharge in violation of public policy based on race is barred by existence of a

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"comprehensive statutory remedy" provided by N.R.S. § 613.3 10, Title VII and 42 U.S.C. § 1981).

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Plaintiffs third and final claim for "Punitive Damages" is not a separate cause of action but is

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instead merely a form of damages and is therefore also subject to dismissal as a matter oflaw.

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Since the claims in Plaintiffs Complaint against Defendant Mancino as an individual

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supervisory employee are clearly barred as a matter of law and he cannot be held personally liable

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for any alleged damages, it would be a waste of both his and this Court's time and resources to

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require Mr. Mancino to submit a Confidential ENE Statement (which would only reiterate the legal

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arguments set forth in the Motion to Dismiss) and to attend the ENE session.

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Defendant Mancino respectfully requests that this Court enter an order excusing him from these

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obligations.

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Dated: January

b,

2014

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LITTLER MENDELSON, P.
ATTORIIEY5 AT lAW

1960 Htowald Hugl\es Parkwey

S1Jlle300
ln Vegas. NV 69169·5937
7028628800

1-16-2014

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Accordingly,

Case 2:13-cv-01913-GMN-CWH Document 19 Filed 01/15/14 Page 3 of 3

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PROOF OF SERVICE

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I am a resident of the State of Nevada, over the age of eighteen years, and not a party to the

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within action. My business address is 3960 Howard Hughes Parkway, Suite 300, Las Vegas, Nevada

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89169-5937. On January

/S , 2014, I served the within document(s):

REQUEST TO EXCUSE DEFENDANT BENNIE MANCINO
FROM PERSONAL ATTENDANCE AT ENE SESSION AND
THE REQUIREMENT TO SUBMIT A CONFIDENTIAL ENE
STATEMENT

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by serving Jackson Lewis electronically through CM/ECF.

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by facsimile transmission at or about
on that date. The
transmission was reported as complete and without error. A copy of the
transmission report, properly issued by the transmitting machine, is attached. The
names and facsimile numbers of the person(s) served are as set forth below.

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by placing a true copy of the document(s) listed above for collection and mailing
following the firm's ordinary business practice in a sealed envelope with postage
thereon fully prepaid for deposit in the United States mail at Las Vegas, Nevada
addressed to Leon Richardson as set forth below.

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by personally delivering a copy of the document(s) listed above to the person(s) at
the address(es) set forth below.

LEON RICHARDSON
6975 Polaris Avenue
Las Vegas, NV 89118

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I am readily familiar with the firm's practice of collection and processing correspondence for
mailing and for shipping via overnight delivery service. Under that practice it would be deposited
with the U.S. Postal Service or if an overnight delivery service shipment, deposited in an overnight
delivery service pick-up box or office on the same day with postage or fees thereon fully prepaid in
the ordinary course of business.
I declare under penalty of perjury that the foregoing is true and correct. Executed on January

/5 ,2014, at Las Vegas, Nevada.

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LITTLER MENDELSON, P.
ATTOIINEVS AT LAW

3960 HowaHI Hughes Parkway
Sulle3DO
Las Vegas NV 89169-5937

7028628800

Deverie Christensen, Esq.
Jackson Lewis LLP
3800 Howard Hughes Parkway, #600
Las Vegas, NV 89169

Firmwide: 125018865.1 079523.1001