Paddy v. Mulkey et al

Filing 48

ORDER that plaintiff shall have until 3/26/2010, to show cause why the present action should not be dismissed for failure to exhaust tribal remedies. See order re specifics. ( Show Cause Response due by 3/26/2010.) Signed by Judge Larry R. Hicks on 3/8/10. (Copies have been distributed pursuant to the NEF - SL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiff Donovan Paddy ("Paddy") filed a complaint against defendants for violation of the 15 Family Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601-2654. Doc. #11. Paddy alleges that he 16 was improperly fired from the Reno-Sparks Indian Colony for taking his medical leave.2 17 On August 21, 2009, the court issued an order staying the action to allow Paddy to exhaust 18 his tribal remedies rather than dismiss his case. Doc. #46. However, six months later, Paddy has 19 failed to file suit in tribal court or take any action to exhaust his tribal remedies. Accordingly, 20 Paddy is ordered to show cause as to why his complaint should not be dismissed for failure to 21 exhaust his tribal remedies. 22 \\\ 23 24 25 26
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) ) )

DONOVAN PADDY, Plaintiff, v. DAVID MULKEY, et al., Defendants.

3:08-cv-00236-LRH-RAM ORDER

Refers to the court's docket number.

For an in-depth discussion on the facts of this case refer to the court's August 21, 2009 order (Doc. #46).

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IT IS THEREFORE ORDERED that plaintiff shall have until March 26, 2010, to show cause why the present action should not be dismissed for failure to exhaust tribal remedies. IT IS SO ORDERED. DATED this 8th day of March, 2010.

__________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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