Kennedy v. UMC

Filing 32

ORDER. IT IS ORDERED that 12 defendant University Medical Center's motion todismiss is GRANTED. Counts one and two of plaintiff Patricia Kennedy's complaint are dismissed without prejudice. Signed by Judge Andrew P. Gordon on 8/21/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 PATRICIA KENNEDY, 5 6 7 Case No. 2:16-cv-02418-APG-PAL Plaintiff, v. UNIVERSITY MEDICAL CENTER, 8 Defendant. ORDER GRANTING MOTION TO DISMISS COUNTS ONE AND TWO WITHOUT PREJUDICE (ECF No. 12) 9 10 Defendant University Medical Center (UMC) moves to dismiss the first and second 11 claims in plaintiff Patricia Kennedy’s complaint. UMC argues that Kennedy’s first two claims 12 for retaliatory discharge are barred by claim or issue preclusion because those claims are being 13 adjudicated in another case in this district. In that case, Judge Boulware granted summary 14 judgment in UMC’s favor on Kennedy’s retaliatory discharge claims. Kennedy v. Univ. Med. Ctr., 15 2:14-cv-01678-RFB-PAL, ECF No. 69. Kennedy has moved to alter or amend that order. ECF 16 No. 71. No decision has been issued. UMC argues Kennedy should not get a second bite at the 17 apple by pleading those same claims in this case. 18 Kennedy responds that she is not seeking a second bite at the apple. Rather, she contends 19 she pleaded the claims in this case as a protective measure because UMC asserted as an 20 affirmative defense in the other case that Kennedy had not exhausted her administrative remedies. 21 Kennedy argues she filed the claims in this case to make clear she has now exhausted her 22 administrative remedies. 23 Kennedy’s first two claims are already being litigated in another case in this court. That 24 case has proceeded to summary judgment, a motion to amend the summary judgment order is 25 pending, and a proposed joint pretrial order has been filed.1 Kennedy v. Univ. Med. Ctr., 2:14-cv- 26 27 28 1 Judge Boulware granted summary judgment in UMC’s favor on the merits and did not address exhaustion. ECF No. 69. In response to Kennedy’s motion to alter or amend, UMC did not reassert the 1 01678-RFB-PAL, ECF Nos. 69, 71, 78. In the interests of judicial economy and managing the 2 court’s docket, I grant UMC’s motion and dismiss without prejudice Kennedy’s first and second 3 claims for retaliatory discharge. 4 IT IS THEREFORE ORDERED that defendant University Medical Center’s motion to 5 dismiss (ECF No. 12) is GRANTED. Counts one and two of plaintiff Patricia Kennedy’s 6 complaint are dismissed without prejudice. 7 Dated: August 21, 2017. 8 9 10 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exhaustion argument. ECF No. 74. Nor is exhaustion raised as an issue in the proposed joint pretrial order. ECF No. 78. Page 2 of 2

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