Jones v. State of Nevada, ex rel

Filing 26

ORDER Granting 22 Motion to Continue Magistrate Judge Hearing. Early Neutral Evaluation set for 9/21/2016 09:30 AM in LV Chambers before Magistrate Judge Peggy A. Leen. FURTHER ORDERED that confidential settlement statements are due to Chambers, Room 3071, no later than 4:00 p.m. 9/14/2016. Signed by Magistrate Judge Peggy A. Leen on 7/19/16. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-00949-RFB-NJK Document 22 Filed 07/11/16 Page 1 of 3

1
2
3
4
5
6
7
8

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

9

FOR THE DISTRICT OF NEVADA

10
11

DR. FRANCIS JONES,

12

Plaintiff,

13
14
15
16
17
18

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,

19
Defendants.

20
21

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

22

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

23

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

24

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

25

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

26

Neutral Evaluation (“ENE”) reset for September 15, 2016 at 1:30 p.m.

27

At the time SDM sent its initial request, September 15, 2016 was a viable option. Since

28

SDM is part of the self-funded Tort Claims Fund, managed by State of Nevada, Office of Attorney
1

Case 2:16-cv-00949-RFB-NJK Document 22 Filed 07/11/16 Page 2 of 3

1

General, Nancy L. Katafias, Tort Claims Manager, is a representative that must be present for all

2

potential settlement discussions. Upon receipt of the Order Scheduling the ENE, Ms. Katafias

3

informed us that she is unable to change her schedule as she has an existing settlement conference

4

that she is unable to cancel. I have conferred with all SDM representatives and Ms. Katafias, and

5

they have the following dates available: Sept 12, 14, 19, 21, 22, and 26, 2016. As such, SDM

6

respectfully requests this Court, for good cause, vacate and reschedule the ENE for any of those

7

forgoing dates.

8

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

9

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

10
11

session.
DATED: JULY 11, 2016.

12

/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 Defendant

13
14
15
16
17
18
19
20

IT IS ORDERED that the settlement conference currently set for September 15,
2016, is VACATED and CONTINUED to September 21, 2016, at 9:30 a.m., in
Chambers, Room 3071.

21
22
23
24
25
26
27

IT IS FURTHER ORDERED that confidential settlement statements are due to
Chambers, Room 3071, no later than 4:00 p.m., September 14, 2016.
IT IS FURTHER ORDERED that all other instructions within the original Order
Scheduling ENE (ECF No. 15) still apply.
Dated: July 19, 2016
____________________________
Peggy A. Leen
United States Magistrate Judge

28
2

Case 2:16-cv-00949-RFB-NJK Document 22 Filed 07/11/16 Page 3 of 3

1

CERTIFICATE OF SERVICE

2

I HEREBY CERTIFY that on the 11TH day of JULY, 2016, I served the foregoing

3

DEFENDANT’S REQUEST TO VACATE AND RESCHEDULE EARLY NEUTRAL

4

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

5
6
7
8
9
10
11

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

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3