Baas v. State of Nevada Department of Health & Human Services Division of Welfare & Supportive Services Child Support Enforcement Program

Filing 28

ORDER that 9 State of Nevada, Division of Welfare and Supportive Services of the Department of Health and Human Services' Motion to Dismiss is GRANTED. FURTHER ORDERED that plaintiff Linda Baas shall file an amended complaint on or before March 8, 2017 if sufficient facts exist to allow her to properly assert claims. Failure to file an amended complaint by that date will result in dismissal without prejudice. Signed by Judge Andrew P. Gordon on 2/1/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 LINDA BAAS, 5 6 7 8 9 Case No. 2:16-cv-01821-APG-GWF Plaintiff, v. STATE OF NEVADA DIVISION OF WELFARE AND SUPPORTIVE SERVICES OF THe DEPARTMENT OF HEALTH AND HUMAN SERVICES, ORDER GRANTING MOTION TO DISMISS (ECF No. 9) Defendant. 10 11 12 Plaintiff Linda Baas filed suit under the Americans with Disabilities Act for disability 13 discrimination and retaliation against defendant State of Nevada, Division of Welfare and 14 Supportive Services of the Department of Health and Human Services. ECF No. 1. The 15 defendant moves to dismiss on the basis of Eleventh Amendment immunity. ECF No. 9. In 16 response, Baas concedes her claims are barred. ECF No. 26. However, she requests leave to 17 amend. Id. 18 IT IS THEREFORE ORDERED that defendant State of Nevada, Division of Welfare and 19 Supportive Services of the Department of Health and Human Services’ motion to dismiss (ECF 20 No. 9) is GRANTED. 21 IT IS FURTHER ORDERED that plaintiff Linda Baas shall file an amended complaint on 22 or before March 8, 2017 if sufficient facts exist to allow her to properly assert claims. Failure to 23 file an amended complaint by that date will result in dismissal without prejudice. 24 DATED this 1st day of February, 2017. 25 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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