Van Pelt v. Skolnik et al

Filing 81

ORDER. All retaliation claims asserted in plaintiff's second amended complaint 22 , including her Title VII and First Amendment retaliation claims, and any other First Amendment claim in the second amended complaint, are DISMISSED WITH PREJUDICE. Any claim of Title VII sexual harassment is DISMISSED WITH PREJUDICE; and Plaintiff shall not be precluded from appealing this court's order on summary judgment relating solely to her title VII disparate treatment/gender discrimination claim involving the allegation that she was treated differently than similarly situated males who had allegedly also not properly completed log books. Each party shall bear their own costs and fees with respect to those claims that have been dismissed with prejudice pursuant to the parties' stipulated settlement. Signed by Judge Howard D. McKibben on 4/3/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CARLA VAN PELT,

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Plaintiff,
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vs.
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STATE OF NEVADA, ex rel. ITS
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DEPARTMENT OF CORRECTIONS,
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Defendant.
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_________________________________ )

3:11-cv-00061-HDM-VPC
ORDER

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As set forth on the record on Tuesday, March 26, 2013, the

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plaintiff and the defendant entered into a stipulated settlement of

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all of plaintiff’s claims except as hereinafter set forth.

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Pursuant to the stipulation, the plaintiff moved to dismiss with

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prejudice her Title VII retaliation claim, her First Amendment

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retaliation claim, any other First Amendment claim that can be read

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as asserted in her second amended complaint (#22), and any claim of

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hostile work environment/sexual harassment.

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the right to appeal only that portion of the court’s order of

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September 21, 2012, granting summary judgment on her Title VII
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The plaintiff reserved

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gender discrimination/disparate treatment claim relating to her

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alleged failure to timely file log books.

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the terms of the settlement, the court hereby orders that judgment

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be entered as follows:

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Accordingly, pursuant to

1. All retaliation claims asserted in plaintiff’s second

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amended complaint (#22), including her Title VII and First

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Amendment retaliation claims, and any other First Amendment claim

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in the second amended complaint, are DISMISSED WITH PREJUDICE;

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2. Any claim of Title VII sexual harassment is DISMISSED WITH
PREJUDICE; and

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3. Plaintiff shall not be precluded from appealing this

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court’s order on summary judgment relating solely to her Title VII

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disparate treatment/gender discrimination claim involving the

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allegation that she was treated differently than similarly situated

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males who had allegedly also not properly completed log books.

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Each party shall bear their own costs and fees with respect to

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those claims that have been dismissed with prejudice pursuant to

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the parties’ stipulated settlement.

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enter judgment accordingly.

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IT IS SO ORDERED.

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DATED: This 3rd day of April, 2013.

The clerk of the court shall

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____________________________
UNITED STATES DISTRICT JUDGE

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