Pichon et al v. State of Nevada ex rel. et al

Filing 23

ORDER granting Defendants' ECF No. 15 Request for Exception to ENE Attendance Requirements. Signed by Magistrate Judge Nancy J. Koppe on 1/23/2017. (Copies have been distributed pursuant to the NEF - KR)

Case 2:16-cv-03030-MMD-VCF Document 15 Filed 01/17/17 Page 1 of 4

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Anthony L. Martin
Nevada Bar No. 8177
[e-mail]
Brian L. Bradford
Nevada Bar No. 9518
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants State of Nevada ex rel.
Board of Regents for the Nevada System of Higher
Education on behalf of University of Nevada, Las
Vegas, Leonard Jessup, Richard Clark, Gerry Bomotti
and Lori Temple

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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HILLERY PICHON, FRANK LOURENCO,
DANIEL ZORICK and ROBERT
GRIPENTOG,

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Plaintiffs,
vs.

Case No. 2:16-cv-03030-MMD-VCF

DEFENDANTS’ REQUEST FOR
EXCEPTION TO ENE ATTENDANCE
REQUIREMENTS

STATE OF NEVADA ex rel BOARD OF
REGENTS FOR THE NEVADA SYSTEM
OF HIGHER EDUCATION on behalf of
UNIVERSITY OF NEVADA, LAS VEGAS;
PRESIDENT LEONARD “LEN” JESSUP,
individually and in his official capacity;
RICHARD CLARK, individually and in his
official capacity; GERRY BOMOTTI,
individually and in his official capacity; LORI
TEMPLE, individually and in her official
capacity; CRYSTAL ZUKE, individually and
in her official capacity; DOES 1 through X;
inclusive,
Defendants.

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Pursuant to the Court’s January 3, 2017 Order scheduling an Early Neutral Evaluation

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(“ENE”) [ECF No. 5] and L.R. 16-6(c), Defendants Leonard Jessup (“Jessup”) and Gerry Bomotti

Case 2:16-cv-03030-MMD-VCF Document 15 Filed 01/17/17 Page 2 of 4

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(“Bomotti”) (collectively, “Defendants”), by and through undersigned counsel, hereby request to

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be excused from personal attendance at the ENE currently scheduled for March 21, 2017 before

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Magistrate Judge Nancy J. Koppe.
Plaintiffs Hillery Pichon (“Pichon”), Frank Lourenco (“Lourenco”), Daniel Zorick

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(“Zorick”) and Robert Gripentog (“Gripentog”) (collectively, “Plaintiffs”) have filed suit against

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their employer, 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 (“UNLV”), alleging a number of

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claims involving allegations of discrimination, wage and hour violations, and invasion of privacy.

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As part of their claims, Plaintiffs named several Defendants in their individual capacity, including

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University President Jessup and University Senior Vice President for Finance and Business

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Bomotti.1

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Defendants request that Jessup and Bomotti be excused from attendance at the ENE. Both

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Jessup and Bomotti will be heavily involved in several budgetary hearings in the upcoming state

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legislative session, which will render it virtually impossible to participate in the ENE.2 Their

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presence should not be necessary overall, as Nancy Rapoport (“Rapoport”), Special Counsel to the

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President of UNLV, will attend the ENE and has binding authority to settle the matter on behalf of

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all Defendants in this action. As Rapoport has participated in a previous private mediation with the

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parties in this action, she will have sufficient familiarity with the claims involved in this matter.

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Defendants filed a Motion to Dismiss [ECF No. 7], seeking, inter alia, to dismiss all individual
Defendants from the action with prejudice. The Motion asserts: (1) Title VII, which comprises the
majority of the allegations in this action, does not allow for individual liability; and (2) none of the
remaining causes of action include factual allegations against any of the individual Defendants.

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While the ENE is currently scheduled for March 21, 2017, Defendants intend to file a Stipulation
and Order to Continue the ENE due to scheduling conflicts.

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Case 2:16-cv-03030-MMD-VCF Document 15 Filed 01/17/17 Page 3 of 4

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Accordingly, Defendants believe that it would be unnecessary to require the in-person
attendance of either Jessup or Bomotti and request that the Court permit the same.
DATED this 17th day of January, 2017.

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OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

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/s/ Brian L. Bradford
Anthony L. Martin
Nevada Bar No. 8177
Brian L. Bradford
Nevada Bar No. 9518
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Attorneys for Defendants State of Nevada ex rel. Board of
Regents for the Nevada System of Higher Education on
behalf of University of Nevada, Las Vegas, Leonard Jessup,
Richard Clark, Gerry Bomotti and Lori Temple

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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IT IS SO ORDERED.
Dated: January 23, 2017
___________________________
United States Magistrate Judge

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