Smith v. Family Dollar, Inc.

Filing 15

ORDER re 13 Notice Pursuant to Local Rule 16-1(b). ORDERED that this matter qualifies for and should be referred to the ENE Referral Program. Signed by Magistrate Judge Peggy A. Leen on 7/20/15. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:15-cv-00945-JCM-PAL Document 13 Filed 07/20/15 Page 1 of 3

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WENDY MEDURA KRINCEK, ESQ., Bar # 6417
CRYSTAL J. HERRERA, ESQ., Bar # 12396
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
e-mail: [e-mail]
email: [e-mail]
Attorneys for Defendant,
FAMILY DOLLAR, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID SMITH,

Case No.: 2:15-cv-00945-JCM-PAL
Plaintiff,

vs.
FAMILY DOLLAR, INC., a North
Carolina Corporation; DOES I through X;
and ROE BUSINESS ENTITIES I through
X, inclusive,

NOTICE PURSUANT TO LOCAL RULE 166(b) AND/OR 16-5 AND REQUEST TO
SCHEDULE EARLY NEUTRAL
EVALUATION SESSION OR, IN THE
ALTERNATIVE, SETTLEMENT
CONFERENCE

Defendant.

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Plaintiff DAVID SMITH (“Plaintiff”) and Defendant FAMILY DOLLAR, INC.

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(“Defendant”), by and though their respective counsel, hereby provide notice pursuant to Local Rule

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16-6(b) that the parties to the above-captioned matter have not been referred to the early neutral

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evaluation (“ENE”) and request this matter be referred to the ENE program pursuant to either LR

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16-5 or 16-6. [Dkt. #1].

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Pursuant to Local Rule 16-6, all employment discrimination actions filed in this Court are

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referred to a neutral Magistrate Judge for the scheduling of an ENE session in order to provide the

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parties with a candid evaluation of the merits of their claims and defenses. In this action, Plaintiff

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asserts claims for interference and retaliation/discrimination under the Family Medical Leave Act,

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29 U.S.C § 2601, et seq. (“FMLA”). [Dkt. #1]. Plaintiff also asserts a tort claim for retaliatory

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Case 2:15-cv-00945-JCM-PAL Document 13 Filed 07/20/15 Page 2 of 3

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discharge in violation of public policy. Local Rule 16-6(b) does not expressly identify FMLA

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violation claims or retaliatory discharge tort claims as comprising an “employment discrimination

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action” subject to the ENE program. However, the parties believe the claims asserted are akin to

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those causes of action that are subject to the ENE programs and that it would benefit the parties to

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participate in the ENE program.

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As provided in Local Rule 16-6(b), in the event an action is not initially assigned to the ENE

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program, “an action must be assigned to the Program upon the filing by any party of a notice”

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identifying the grounds for inclusion into the program. Alternatively, Local Rule 16-5 provides that

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the Court may set a settlement conference at any time in a civil case at its discretion. As such, the

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parties request this matter be referred for an ENE session.

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Dated: July 20, 2015.

Dated: July 20, 2015.

Respectfully submitted,

Respectfully submitted,

/s/ James P. Kemp, Esq.
JAMES P. KEMP, ESQ.
KEMP & KEMP

/s/ Crystal J. Herrera, Esq.
WENDY MEDURA KRINCEK, ESQ.
CRYSTAL J. HERRERA, ESQ.
LITTLER MENDELSON, P.C.

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Attorneys for Plaintiff,
DAVID SMITH

Attorneys for Defendant,
FAMILY DOLLAR, INC.

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IT IS ORDERED that this matter qualifies for and should be referred to the ENE
Referral Program.
DATED this 20th day of July, 2015.

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__________________________
Peggy A. Leen
United States Magistrate Judge

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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