Johnson v. Department of the Air Force, et al

Filing 23

ORDER that 22 Motion to Defer Early Neutral Evaluation Session is GRANTED, and the ENE set for February 4, 2015 is VACATED. Signed by Magistrate Judge Peggy A. Leen on 1/23/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TANYA JOHNSON,

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Case No. 2:14-cv-00631-RFB-NJK
Plaintiff,

ORDER

v.
(Mot Defer ENE – Dkt. #22)
DEPARTMENT OF THE AIR FORCE, et al.,
Defendants.

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Before the court is the United States’ Motion to Defer Early Neutral Evaluation Session (Dkt.

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#22). The United States asks the court to defer the early neutral evaluation session until the

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pending motion to dismiss, which raises the court’s subject matter jurisdiction, is decided. The

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parties have not engaged in any discovery to date and the United States believes that

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participation in an ENE session would not be productive. As the ENE is currently set for

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February 4, 2015, the court will decide the motion without waiting for the Plaintiff’s response.

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The court has conducted a preliminary review of the motion to dismiss and finds it raises

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substantial questions about this court’s subject matter jurisdiction. Additionally, Judge Koppe

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has now granted the United States’ unopposed motion to stay discovery pending the outcome of

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the motion to dismiss. See Order (Dkt #21).

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IT IS ORDERED, the Motion is GRANTED, and the ENE set for February 4, 2015 is
VACATED.
DATED this 23rd day of January, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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