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