Bonnet vs Nevada, State of, et al

Filing 38

ORDER granting ECF No. 29 Motion for Judgment on the Pleadings. Signed by Judge Howard D. McKibben on 10/22/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Bobby Bonnet, 5 Case No. 3:18-cv-159-HDM-WGC Plaintiff Order Granting Motion for Judgment on the Pleadings (ECF 29) 6 v. 7 State of Nevada, Department of Transportation Division and Does I-X, 8 Defendants 9 10 11 The State moves for judgment on the pleadings. It asserts that this Court lacks subject- 12 matter jurisdiction over Bonnet’s second and third causes of action—both of which relate to age 13 discrimination. ECF 29 at 2–3. Bonnet has filed a “non-opposition” to the stated motion. ECF 14 34. 15 This Court lacks jurisdiction over Bonnet’s second and third causes of action. States are 16 immune from suit, under state or federal law, by private parties in federal court absent waiver or 17 abrogation of that immunity. See U.S. Const. amend. XI; Seminole Tribe of Fla., v. Florida, 517 18 U.S. 44, 54 (1996). Nevada has not waived its immunity. NRS 41.031(3). Nor did ADEA—the 19 lone remedy for age discrimination, Ahlmeyer v. Nevada Sys. of Higher Educ., 555 F.3d 1051, 20 1058 (9th Cir. 2009)—abrogate Nevada’s immunity, Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 21 91 (2000). 22 23 Page 1 of 2 1 Because the Eleventh Amendment bars Bonnet’s age-discrimination claims, Bonnet’s 2 second and third causes of action are dismissed with prejudice for lack of subject-matter 3 jurisdiction. 4 5 IT IS SO ORDERED. 6 Dated: October 22, 2018 7 8 _________________________________ Howard D. McKibben Senior U.S. District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 2 of 2

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