Ward v. State of Nevada Board, ex rel, et al
Filing
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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)
Case 2:17-cv-03029-JAD-NJK Document 39 Filed 02/27/18 Page 1 of 4
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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.
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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,
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an Individual AND EDWARD
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COUSINEAU, an Individual; DOES I-X. )
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Defendants.
)
)
LARA WARD, An Individual
STIPULATION AND ORDER RESOLVING PENDING MOTIONS AND AGREEING
TO FILE A FIRST AMENDED COMPLAINT
(SECOND REQUEST)
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COMES NOW, the Plaintiff, LARA WARD (“Ward”), by and through her attorney,
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JENNY L. FOLEY, Ph.D., ESQ., of the law firm HKM EMPLOYMENT ATTORNEYS LLP,
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and Defendants, STATE OF NEVADA, ex rel. its BOARD OF MEDICAL EXAMINERS,
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PAMELA CASTAGNOLA, KIM FRIEDMAN, KATI PAYTON, and EDWARD
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COUSINEAU, by and through their attorney, S. BRETT SUTTON, ESQ., of SUTTON
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HAGUE LAW CORPORATION, P.C., hereby stipulate and agree as follows:
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Page 1 of 4
Case 2:17-cv-03029-JAD-NJK Document 39 Filed 02/27/18 Page 2 of 4
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WHEREAS, on or about January 4, 2018, Defendants filed a Motion to Dismiss, Motion
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to Strike Scandalous Matter and Motion for a More Definite Statement (collectively “the
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Motions” or “Motions”);
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WHEREAS, the Parties met and conferred extensively with respect to the Motions, and
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Plaintiff agreed to file a First Amended Complaint addressing, at least in part, certain of the
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concerns raised by Defendants’ Motions to the satisfaction of all counsel without waiving any
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rights;
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WHEREAS, on or about February 5, 2018, the Court entered the Parties’ Joint
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Stipulation and Order concerning the First Amended Complaint by which the Parties agreed,
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and the Court ordered, that Plaintiff provide a copy of the Proposed Amended Complaint to
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Defendants’ counsel not later than February 12, 2018 for the purposes of discussing any dispute
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related to the Proposed Amended Complaint before requesting a hearing date on Defendants’
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Motions, such that Plaintiff would be in a position to file a First Amended Complaint not later
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than February 28, 2018 after meeting and conferring with Defendants;
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WHEREAS, Defendants did not receive a copy of Plaintiff’s Proposed First Amended
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Complaint until February 26, 2018, and as such have not yet had the opportunity to fully meet
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and confer with Plaintiff about the changes to the Proposed First Amended Complaint, about
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which Defendants still have serious concerns;
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THEREFORE, based on all of the foregoing, the Parties jointly stipulate and
respectfully request that the Court issue an Order as follows:
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Since a continuing dispute exists and both the parties are working on a
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resolution, it has been agreed to stipulate that the new file date shall be from two weeks from
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the date of February 28, 2018. That the Plaintiff shall file a First Amended Complaint not later
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than March 14, 2018, which will:
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a. List and separately allege each cause of action against each Defendant and
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will note, in what capacity each Defendant is being sued for each cause of
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action;
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Case 2:17-cv-03029-JAD-NJK Document 39 Filed 02/27/18 Page 3 of 4
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b. List the factual predicates of each cause of action in accordance with general
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rules of pleading;
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c. Remove the allegations in paragraph 72 a-z of the Complaint;
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d. Remove
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the
causes
of
action
under
NRS
and
for
Negligent
Hiring/Supervision.
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2. Parties agree to discuss any unresolved issues with respect to the Proposed First
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Amended Complaint prior to requesting a hearing date on Defendants’ Motions or
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filing further responsive motions regarding the same.
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Dated this 27th day of February, 2018.
Dated this 27th day of February, 2018.
HKM Employment Attorneys LLP
Sutton Hague Law Corporation P.C.
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/s/ Jenny L. Foley
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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
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IT IS SO ORDERED.
____________________________
__________________
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_ _ _ _
U.S. District Judge Jenn fer D
trict Jud Jennifer Dorsey
ct
ct Judge nn e
nnif
nn
March 7, 2018
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