Jones v. State of Nevada, ex rel

Filing 21

ORDER Granting Defendants' 20 Motion to Vacate and Reschedule Early Neutral Evaluation. The Early Neutral Evaluation scheduled for 8/17/2016 is Vacated and continued to 9/15/2016 01:30 PM in LV Chambers, Room 3071 before Magistrate Judge Peggy A. Leen. Confidential ENE statements are due to Chambers, Room 3071, no later than 4:00 p.m., 9/8/2016. Signed by Magistrate Judge Peggy A. Leen on 7//6/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00949-RFB-NJK Document 20 Filed 06/28/16 Page 1 of 3

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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
IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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DR. FRANCIS JONES,

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Plaintiff,

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Case No.: 2:16-cv-00949-RFB-NJK
DEFENDANT’S REQUEST TO
VACATE AND RESCHEDULE EARLY
NEUTRAL EVALUATION

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
SCHOOL OF DENTAL MEDICINE; DOES
1-10, AND ROE CORPORATIONS 1-10,
INCLUSIVELY,

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Defendants.

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Defendant, the State of Nevada ex rel. Board of Regents of the Nevada System of Higher

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Education on behalf of the University of Nevada, Las Vegas School of Dental Medicine (“SDM”),

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by and through counsel, Elda M. Sidhu, Esq., General Counsel, and Debra L. Pieruschka, Esq.,

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Assistant General Counsel, University of Nevada, Las Vegas School of Dental Medicine, Office of

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General Counsel, hereby submits, for good cause, its request to vacate and reschedule the Early

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Neutral Evaluation (“ENE”) set for August 17, 2016 at 9:30 a.m.

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This case relates to allegations of race and retaliation discrimination at SDM. A key

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representative of SDM whose presence is essential to improving the ENE session and addressing
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Case 2:16-cv-00949-RFB-NJK Document 20 Filed 06/28/16 Page 2 of 3

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Plaintiff’s allegations and SDM’s defenses is Dr. Karen West, Dean of SDM. Upon receipt of the

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Order Scheduling the ENE, Dean West advised she is unable to change her schedule as the Court

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requested because she is out of the country in Scotland from August 16, 2016 through August 24,

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2016 on personal business. Dean West is unable to cancel this already scheduled and booked

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engagement.

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As such, SDM respectfully requests this Court, for good cause, vacate and reschedule the

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ENE for any time after August 25, 2016 through the end of September 2016, except for September

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7-9, 2016 (pre-existing engagement in New York for Dr. Michael Sanders, another key

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representative of SDM) and September 16, 2016 (white coat ceremony for first year dental

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students requiring all SDM faculty to be present).

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Based on the foregoing, SDM submits good cause exists and requests this Court reschedule

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the ENE to ensure the presence of key individuals to support the utility and purpose of the ENE

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session.

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DATED: JUNE 28, 2016.

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/S/ DEBRA L. PIERUSCHKA
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 Defendant

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IT IS ORDERED that the ENE currently scheduled for August 17, 2016, is VACATED
and CONTINUED to September 15, 2016, at 1:30 p.m., in Chambers, Room 3071.
IT IS FURTHER ORDERED that confidential ENE statements are due to Chambers,
Room 3071, no later than 4:00 p.m., September 8, 2016.
IT IS FURTHER ORDERED that all other instructions within the original Order
Scheduling ENE (ECF No. 15) shall remain as is.
Dated: July 6, 2016

____________________________
Peggy A. Leen
United States Magistrate Judge
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Case 2:16-cv-00949-RFB-NJK Document 20 Filed 06/28/16 Page 3 of 3

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on the 28TH day of JUNE, 2016, I served the foregoing

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DEFENDANT’S REQUEST TO VACATE AND RESCHEDULE EARLY NEUTRAL

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EVALUATION via the Court’s CM/ECF Filing System, to the following:

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Daniel Marks, Esq.
Christopher L. Marchand, Esq.
LAW OFFICE OF DANIEL MARKS
610 South Ninth Street
Las Vegas, Nevada 89101
[e-mail]
Attorney for Plaintiff
/S/ SHEENA M. CLOW
An employee of the Office of General Counsel
University of Nevada, Las Vegas

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