Herrera v. Rio Properties, LLC

Filing 16

ORDER Granting Defendant's 6 Motion for Partial Dismissal. Plaintiff's second cause of action for violation of the Rehabilitation Act is Dismissed. Signed by Judge James C. Mahan on 6/30/2015. (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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***

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SEBASTIAN HERRERA,

Case No. 2:14-CV-2219 JCM (GWF)

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Plaintiff(s),

ORDER

v.
RIO PROPERTIES, LLC,

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Defendant(s).

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Presently before the court is defendant Rio Properties LLC d/b/a Rio All Suite Hotel and

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Casino’s (hereinafter “defendant”) motion for partial dismissal. (Doc. # 6). Plaintiff Sebastian

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Herrera (hereinafter “plaintiff”) filed a response. (Doc. # 8). Defendant did not file a reply, and

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the deadline to reply has now passed.

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This is an employment case. Plaintiff brought the instant action alleging that defendant

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discriminated against him by terminating his employment due to his disability.

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complaint asserts claims for wrongful termination under the Americans with Disabilities Act

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(“ADA”), violation of the Rehabilitation Act, and retaliation under the ADA. (Doc. # 1).

Plaintiff’s

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In its motion, defendant asks the court to dismiss plaintiff’s second cause of action for

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violation of the Rehabilitation Act (“the act”). Defendant argues that dismissal of this claim is

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proper because defendant does not receive federal assistance under the act and thus is not subject

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to it. (Doc. # 6).

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In his response, plaintiff states that he does not oppose defendant’s motion to the extent

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that it seeks dismissal of plaintiff’s second cause of action. (Doc. # 8). The court will therefore

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grant defendant’s motion and dismiss plaintiff’s second cause of action.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion for

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partial dismissal, (doc. # 6), be, and the same hereby is, GRANTED. Plaintiff’s second cause of

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action for violation of the Rehabilitation Act is hereby DISMISSED.

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DATED June 30, 2015.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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