Heyman v. State of Nevada ex rel Board of Regents for the Nevada System of Higher Education et al

Filing 26

ORDER Granting 25 Stipulation to Stay Fed.R.Civ. P. 26(f) Conference (First Request) filed by Sarah Tanford, Donald Snyder, Rhonda Montgomery, Neal Smatresk, Lisa Moll-Cain, State of Nevada, Stowe Shoemaker, Philip Burns, Curtis Love, Kristin Malek. IT IS ORDERED that: The Rule 26(f) conference be continued until after the Court issues its decision on the Defendants' 9 Motion to Dismiss. That the parties shall within 30 days from the date of the Court's deci sion of the 9 Motion to Dismiss, meet and confer; and within 45 days from the decision of the 9 Motion to Dismiss, the parties shall submit a proposed discovery plan and scheduling order which complies with LR 26-1(e). To stay discovery pending a decision on the 9 Motion to Dismiss. Signed by Magistrate Judge George Foley, Jr on 9/16/15. (Copies have been distributed pursuant to the NEF - PS)

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ELDA M. SIDHU
General Counsel
Nevada Bar No. 7799
DEBRA L. PIERUSCHKA
Assistant General Counsel
Nevada Bar No. 10185
UNIVERSITY OF NEVADA, LAS VEGAS
4505 S. Maryland Parkway, Box 451085
Las Vegas, Nevada 89154-1085
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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DARREN HEYMAN,
Plaintiff,

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CASE NO.: 2:15-CV-1228-RFB-GWF

vs.
THE STATE OF NEVADA EX REL.
BOARD OF REGENTS FOR THE
NEVADA
SYSTEM
OF
HIGHER
EDUCATION ON BEHALF OF THE
UNIVERSITY
OF
NEVADA,
LAS
VEGAS; NEAL SMATRESK; DONALD
SNYDER;
STOWE
SHOEMAKER,
RHONDA MONTGOMERY; CURTIS
LOVE; SARAH TANFORD; PHILLIP
BURNS; KRISTIN MALEK; LISA MOLLCAIN; AND DOES I - X INCLUSIVE,

STIPULATION AND ORDER TO STAY
FED. R. CIV. P. 26(f) CONFERENCE
[First Request]

Defendants.

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Plaintiff, Darren Heyman, pro se, and Defendants, the State of Nevada ex rel. Board of
Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Las
Vegas (“University” or “UNLV”), Neal Smatresk (“Smatresk”), Donald Snyder (“Snyder”),
Stowe Shoemaker (“Shoemaker”), Rhonda Montgomery (“Montgomery”), Curtis Love
(“Love”), Sarah Tanford (“Tanford”), Phillip Burns (“Burns”), Kristin Malek (“Malek”), and
Lisa Moll-Cain (“Moll-Cain”) (collectively “Defendants”), by and through counsel, Debra L.

X:\Groups\General Counsel\LITIGATION FILES\Heyman, Darren\Pleadings\Drafts\2015-09-11 Stip & Order to Stay Conference and Discovery.docx

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Pieruschka, Esq., Assistant General Counsel, University of Nevada, Las Vegas, Office of General

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Counsel, hereby agree and stipulate to the following:

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1.

Plaintiff’s Complaint has fourteen (14) causes of action against ten (10) different

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Defendants, some of which reside outside the State of Nevada. [Dkt. #1-1]. On July 13, 2015,

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Defendants filed a Motion to Dismiss seeking to dismiss Plaintiff’s Complaint in totality; or at

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minimum, dismiss certain Defendants and specific claims. Additionally, Plaintiff has filed a

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Motion to Amend his Complaint [Dkt. #19] that is also pending before the Court. Thus, the

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Parties seek to continue the Rule 26(f) conference until after the Court issues its decision of the

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Defendants’ Motion to Dismiss [Dkt. #9];

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2.

That within 30 days from the date of the Court’s decision of the Motion to Dismiss

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[Dkt. #9], the parties shall meet and confer; and within 45 days from the decision of the Motion to

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Dismiss [Dkt. #9] the parties shall submit a proposed discovery plan and scheduling order which

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complies with LR 26-1(e); and

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3.
Date:

To stay discovery pending a decision on the Motion to Dismiss [Dkt. #9].

September 14, 2015

Date:

September 14, 2015

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By:

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/S/ DEBRA L. PIERUSCHKA
DEBRA L. PIERUSCHKA
Assistant General Counsel
Nevada Bar No. 10185
UNIVERSITY OF NEVADA, LAS VEGAS
4505 S. Maryland Parkway, Box 451085
Las Vegas, Nevada 89154-1085
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

By:

/S/ DARREN HEYMAN
830 Carnegie St. #1324
Henderson, NV 89052
Telephone: [phone]
Facsimile: [phone]
Plaintiff, in pro se

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ORDER

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Based on the foregoing Stipulation of the parties,

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IT IS ORDERED that:

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1.

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The Rule 26(f) conference be continued until after the Court issues its decision on

the Defendants’ Motion to Dismiss. [Dkt. #9];

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2.

That the parties shall within 30 days from the date of the Court’s decision of the

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Motion to Dismiss [Dkt. #9], meet and confer; and within 45 days from the decision of the Motion

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to Dismiss [Dkt. #9], the parties shall submit a proposed discovery plan and scheduling order

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which complies with LR 26-1(e); and

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3.

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September 16
Date_______________________, 2015.

To stay discovery pending a decision on the Motion to Dismiss [Dkt. #9].

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________________________________________
DISTRICT COURT JUDGE
GEORGE FOLEY, JR.
United States Magistrate Judge

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Submitted by:
By:

/S/ DEBRA L. PIERUSCHKA
DEBRA L. PIERUSCHKA
Assistant General Counsel
Nevada Bar No. 10185
UNIVERSITY OF NEVADA, LAS VEGAS
4505 S. Maryland Parkway, Box 451085
Las Vegas, Nevada 89154-1085
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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