Wolf v. Cosmopolitan of Las Vegas

Filing 10

ORDER granting 6 Motion to Dismiss; The 4/30/18 hearing on the motion and the 5/31/18 Early Neutral Evaluation session are VACATED as moot. Signed by Judge Jennifer A. Dorsey on 4/3/2018. (Copies have been distributed pursuant to the NEF - JM) Modified file date on 4/4/2018 (JM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:18-cv-00139-JAD-NJK
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Wayne Wolf,
Plaintiff

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v.

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Order Granting Unopposed Motion to
Dismiss

Nevada Property 1, LLC dba The Cosmopolitan
of Las Vegas,

[ECF No. 6]

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Defendant
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In this employment action, Wayne Wolf sues his former employer, Nevada Property 1,

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LLC, dba The Cosmopolitan of Las Vegas, for age discrimination, retaliation, intentional and

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negligent infliction of emotional distress, and wrongful termination in violation of public policy,

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after he was demoted and ultimately terminated from his position as Casino and Hotel Credit

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Manager.1 Nevada Property filed a motion to dismiss on March 7, 2018, arguing that Wolf’s

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age-discrimination claim is untimely because he filed his charge with the EEOC after the 300-

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day deadline had passed; his retaliation claim is barred because he did not exhaust his

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administrative remedies; and he has failed to plead facts to support any other claim.2
Wolf had until March 21, 2018, to oppose the motion to dismiss.3 He did not file an

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opposition or move to extend his deadline to do so. Local Rule 7-2(d) states that “The failure of

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an opposing party to file points and authorities in response to any motion, except a motion under

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Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of the

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motion.” I construe Wolf’s failure to oppose this motion as his consent to granting it. So, good

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cause appearing,

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ECF No. 1.

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ECF No. 6.

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See ECF No. 6 (minute entry).
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IT IS HEREBY ORDERED that the Motion to Dismiss [ECF No. 6] is GRANTED;
ALL CLAIMS ARE DISMISSED; the 4/30/18 hearing on the motion and the 5/31/18 Early
Neutral Evaluation session are VACATED as moot; and the Clerk of Court is directed to
CLOSE THIS CASE.

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Dated this 3rd day of April, 2018.
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U.S. District Judge Jennifer A. Dorsey

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