Ward v. State of Nevada Board, ex rel, et al

Filing 32

Based on the parties' stipulation 31 and good cause appearing, IT IS HEREBY ORDERED that the pending motions to dismiss, to strike scandalous matter, and for a more definite statement 17 , 18 , 19 are DENIED without prejudice as moot, and the hearing on these motions scheduled for February 5, 2018, is VACATED. Plaintiff must file a First Amended Complaint by February 28, 2018. Signed by Judge Jennifer A. Dorsey on 2/5/2018. (no image attached) (Copies have been distributed pursuant to the NEF - DC)

Case 2:17-cv-03029-JAD-NJK Document 31 Filed 02/02/18 Page 1 of 4

1
2
3
4
5
6
7

JENNY L. FOLEY, Ph.D., ESQ.
Nevada Bar No. 9017
HKM EMPLOYMENT ATTORNEYS LLP
1785 E. Sahara Ave, Suite 325
Las Vegas, NV 89104
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
LARA WARD, An Individual
9
10
11
12
13
14
15
16
17
18
19
20

) CASE NO. 2:17-cv-03029
)
Plaintiff,
)
)
vs.
)
)
STATE OF NEVADA, ex rel. its BOARD )
ECF Nos. 17, 18. 19, 31
ECF No. 31
OF MEDICAL EXAMINERS, DON
)
ANDREAS, an Individual, PAMELA
)
CASTAGNOLA, an Individual, KIM
)
FRIEDMAN, an Individual, KATI
)
PAYTON, an Individual, TODD RICH,
)
an Individual AND EDWARD
)
COUSINEAU, an Individual; DOES I-X. )
)
Defendants.
)
)
STIPULATION AND ORDER RESOLVING PENDING MOTIONS AND AGREEING
TO FILE A FIRST AMENDED COMPLAINT
(FIRST REQUEST)

21
COMES NOW, the Plaintiff, LARA WARD (“Ward”), by and through her attorney,

22
23

JENNY L. FOLEY, Ph.D., ESQ., of the law firm HKM EMPLOYMENT ATTORNEYS LLP,

24

and Defendants, STATE OF NEVADA, ex rel. its BOARD OF MEDICAL EXAMINERS,

25

PAMELA CASTAGNOLA, KIM FRIEDMAN, KATI PAYTON, and EDWARD

26

COUSINEAU, by and through their attorney, S. BRETT SUTTON, ESQ., of SUTTON

27

HAGUE LAW CORPORATION, P.C., hereby stipulate and agree as follows:

28

///

Page 1 of 4

Case 2:17-cv-03029-JAD-NJK Document 31 Filed 02/02/18 Page 2 of 4

1

WHEREAS, on or about January 4, 2018, Defendants filed a Motion to Dismiss, Motion

2

to Strike Scandalous Matter and Motion for a More Definite Statement (collectively “the

3

Motions” or “Motions”);

4

WHEREAS, the Parties have met and conferred extensively with respect to the Motions,

5

and Plaintiff has agreed to file a First Amended Complaint addressing, at least in part, certain

6

of the concerns raised by Defendants’ Motions to the satisfaction of all counsel without waiving

7

any rights;

8

WHEREAS, the Parties agree that the February 5, 2018 hearing that is currently on the

9

Court’s calendar should be vacated in light of Plaintiff’s agreement to file an amended

10
11
12
13
14
15
16

Complaint as set forth herein
THEREFORE, based on all of the foregoing, the Parties jointly stipulate and
respectfully request that the Court issue an Order as follows:
1.

That the February 5, 2018 hearing on Defendants’ Motions (ECF Nos. 17-19)

be taken off calendar;
2.

That the Plaintiff shall file a First Amended Complaint not later than February

28, 2018, which will:

17

a. List and separately allege each cause of action against each Defendant and

18

will note, in what capacity each Defendant is being sued for each cause of

19

action;

20
21

b. List the factual predicates of each cause of action in accordance with general
rules of pleading;

22

c. Remove the allegations in paragraph 72 a-z of the Complaint;

23

d. Remove

24

the

causes

of

action

under

NRS

and

for

Negligent

Hiring/Supervision.

25

3. Plaintiff will provide a copy of the Proposed Amended Complaint to Defendants’

26

counsel for the purposes of discussing any dispute related to the stipulations

27

contained above by February 12, 2018, and the Parties agree to discuss any

28

unresolved issues with respect to the Proposed First Amended Complaint prior to

Page 2 of 4

Case 2:17-cv-03029-JAD-NJK Document 31 Filed 02/02/18 Page 3 of 4

1

requesting a hearing date on Defendants’ Motions or filing further responsive

2

motions regarding the same.

3
4
5

Dated this 2nd day of February, 2018.

Dated this 2nd day of February, 2018.

HKM Employment Attorneys LLP

Sutton Hague Law Corporation P.C.

6
7

/s/ Jenny L. Foley

8

Jenny L. Foley, Esq.
Nevada Bar No. 9017
1785 East Sahara Ave, Suite 325
Las Vegas, Nevada 89104
Attorney for Plaintiff

9
10

____/s/ S. Brett Sutton_____________
S. Brett Sutton, Esq.
Nevada Bar No. 12109
9600 Gateway Drive, Suite 100
Reno, Nevada 89521
Attorney for Defendants

11
12

///

13

///

ORDER

17

Based on the parties’ stipulation [ECF No. 31] and good cause appearing, IT IS HEREBY
///
ORDERED that the pending motions to dismiss, to strike scandalous matter, and for a more
///
definite statement [ECF Nos. 17, 18, 19] are DENIED without prejudice as moot, and the
hearing on these motions scheduled for February 5, 2018, is VACATED. Plaintiff must
///
file a First Amended Complaint by February 28, 2018.
///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///

14
15
16

______________________________
U.S. District Judge Jennifer A Dorsey
February 4, 2018

Page 3 of 4