Hazelett v. Wal-Mart Stores, Inc.

Filing 73

ORDER - The parties are directed to file a joint status report within seven days from the date of this order to address whether the Court should resolve this issue as briefed or whether the Court should permit supplemental brief. Signed by Chief Judge Miranda M. Du on 10/29/2020. (Copies have been distributed pursuant to the NEF - LW)

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Case 3:17-cv-00274-MMD-CLB Document 73 Filed 10/29/20 Page 1 of 1 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 STEFANY HAZELETT, Case No. 3:17-cv-00274-MMD-CLB Plaintiff, 7 v. ORDER 8 9 10 WAL-MART STORES, INC., Defendant. 11 12 This Court previously granted summary judgment in favor of Defendants. (ECF No. 13 63.) On appeal, the Court of Appeals for the Ninth Circuit reversed and remanded for trial 14 on two of the claims—violations of the Family Medical Leave Act (“FMLA”) and the 15 Americans with Disabilities Act (“ADA”). (ECF No. 70.) Accordingly, the Court’s order 16 granting summary judgment (ECF No. 63) is vacated as to those two claims. The 17 Judgment (ECF No. 64) is similarly vacated as to those two claims. 18 The court of appeals noted that the Court should address Defendant’s argument 19 in its motion for summary judgment that the ADA claim is time-barred. (ECF No. 70 at 10 20 n. 2.) The parties are directed to file a joint status report within seven days from the date 21 of this order to address whether the Court should resolve this issue as briefed or whether 22 the Court should permit supplemental brief. 23 DATED THIS 29th day of October 2020. 24 25 26 27 28 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE

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