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

Filing 40

ORDER Granting 39 Second Stipulation for Extension of Time. Amended Complaint deadline: 3/14/2018. Signed by Judge Jennifer A. Dorsey on 3/7/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:17-cv-03029-JAD-NJK Document 39 Filed 02/27/18 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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: (702) 625-3893 Fax: (702) 625-3893 E-mail: jfoley@hkm.com Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) CASE NO. 2:17-cv-03029 -JAD-NJK ) Plaintiff, ) ) vs. ) ECF No. 39 ) STATE OF NEVADA, ex rel. its BOARD ) 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. ) ) LARA WARD, An Individual STIPULATION AND ORDER RESOLVING PENDING MOTIONS AND AGREEING TO FILE A FIRST AMENDED COMPLAINT (SECOND 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 39 Filed 02/27/18 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 met and conferred extensively with respect to the Motions, and 5 Plaintiff agreed to file a First Amended Complaint addressing, at least in part, certain of the 6 concerns raised by Defendants’ Motions to the satisfaction of all counsel without waiving any 7 rights; 8 WHEREAS, on or about February 5, 2018, the Court entered the Parties’ Joint 9 Stipulation and Order concerning the First Amended Complaint by which the Parties agreed, 10 and the Court ordered, that Plaintiff provide a copy of the Proposed Amended Complaint to 11 Defendants’ counsel not later than February 12, 2018 for the purposes of discussing any dispute 12 related to the Proposed Amended Complaint before requesting a hearing date on Defendants’ 13 Motions, such that Plaintiff would be in a position to file a First Amended Complaint not later 14 than February 28, 2018 after meeting and conferring with Defendants; 15 WHEREAS, Defendants did not receive a copy of Plaintiff’s Proposed First Amended 16 Complaint until February 26, 2018, and as such have not yet had the opportunity to fully meet 17 and confer with Plaintiff about the changes to the Proposed First Amended Complaint, about 18 which Defendants still have serious concerns; 19 20 21 THEREFORE, based on all of the foregoing, the Parties jointly stipulate and respectfully request that the Court issue an Order as follows: 1. Since a continuing dispute exists and both the parties are working on a 22 resolution, it has been agreed to stipulate that the new file date shall be from two weeks from 23 the date of February 28, 2018. That the Plaintiff shall file a First Amended Complaint not later 24 than March 14, 2018, which will: 25 a. List and separately allege each cause of action against each Defendant and 26 will note, in what capacity each Defendant is being sued for each cause of 27 action; 28 Page 2 of 4 Case 2:17-cv-03029-JAD-NJK Document 39 Filed 02/27/18 Page 3 of 4 1 b. List the factual predicates of each cause of action in accordance with general 2 rules of pleading; 3 c. Remove the allegations in paragraph 72 a-z of the Complaint; 4 d. Remove 5 the causes of action under NRS and for Negligent Hiring/Supervision. 6 2. Parties agree to discuss any unresolved issues with respect to the Proposed First 7 Amended Complaint prior to requesting a hearing date on Defendants’ Motions or 8 filing further responsive motions regarding the same. 9 10 Dated this 27th day of February, 2018. Dated this 27th day of February, 2018. HKM Employment Attorneys LLP Sutton Hague Law Corporation P.C. 13 /s/ Jenny L. Foley 14 Jenny L. Foley, Esq. Nevada Bar No. 9017 1785 East Sahara Ave, Suite 325 Las Vegas, Nevada 89104 Attorney for Plaintiff _/s/ Jared Hague___ Jared Hague, Esq. Nevada Bar No. 12761 9600 Gateway Drive, Suite 100 Reno, Nevada 89521 Attorney for Defendants 11 12 15 16 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// IT IS SO ORDERED. ____________________________ __________________ _ _ _ _ _ U.S. District Judge Jenn fer D trict Jud Jennifer Dorsey ct ct Judge nn e nnif nn March 7, 2018 Page 3 of 4

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