Launer et al v. City of Reno
Filing
17
DOCKETING ERROR - WRONG CASE - DISREGARD THIS ENTRY : ORDER GRANTING THE UNITED STATES' CONSENT MOTION FOR EXTENSION OF TIME FOR BRIEFING ON MOTIONS TO DISMISS - The United States' responses to the Motions to Dismiss (ECF No. 8 ) is due on April 23, 2024. The Defendants' reply briefs is due by May 10, 2024. Signed by Chief Judge Miranda M. Du on 3/26/2024. (Copies have been distributed pursuant to the NEF - DRM) Modified on 3/26/2024 to reflect TO DENOTE DOCKETING ERROR - DIsREGARED - NEF regenerated (DRM).
1
2
3
4
5
6
Joseph J. Sperber IV
NY State Bar No. 2662526
United States Department of Justice
Civil Rights Division
Employment Litigation Section
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone (202) 598-9249
Facsimile (202) 514-1005
Email joseph.sperber@usdoj.gov
Attorney for the United States
7
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
8
9
Plaintiff,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
CASE No. 3:24-cv-00026-MMD-CLB
UNITED STATES OF AMERICA,
UNITED STATES’ CONSENT MOTION
FOR EXTENSION OF TIME FOR
BRIEFING ON MOTIONS TO DISMISS
v.
STATE OF NEVADA, et al.
Defendants.
1.
On January 17, 2024, Plaintiff, the United States of America (“United States”),
filed a complaint (Doc. 1) in this action to enforce the provisions of the Uniformed Services
Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301 et seq. (“USERRA”).
2.
The complaint alleges that Defendants, the State of Nevada (“Nevada”), the
Office of the Attorney General of the State of Nevada (“Nevada AG”) and the Public
Employees’ Retirement System of the Nevada (“NVPERS”) (collectively, “Defendants”),
violated 38 U.S.C. § 4318 of USERRA by denying Nevada state employee Charles Lehman, and
other similarly-situated employees, proper pension benefits upon their reemployment after
military service.
3.
On March 19, 2024, Defendants filed Motions to Dismiss Plaintiff's Complaint
for failure to state a claim upon which relief can be granted. Docs. 20 (Defendant NVPERS
24
25
26
1
1
Motion) and 25 (Defendants’ Nevada and Nevada AG Motion).
4.
2
3
April 2, 2024, and Defendants’ replies are due April 9, 2024.
5.
4
5
6.
The extension of deadlines is requested so that complex issues raised by Motions
to Dismiss may be properly and fully addressed.
7.
8
9
Counsel for each of the parties have discussed the timing of briefing for the
pending Motions to Dismiss.
6
7
Currently, the United States’ responses to the pending Motions to Dismiss are due
All Defendants, through counsel, have consented to the United States’ Motion for
Extension of Time for briefing on the Motions to Dismiss.
8.
10
The United States, with the consent of Defendants, respectfully requests that the
11
Court extend the deadlines for the United States’ briefing in response to Defendants’ Motions to
12
Dismiss and the Defendants’ replies to the United States’ responses.
9.
13
This is the first motion for an extension of the briefing deadlines with respect to
14
the Motions to Dismiss.
15
///
16
///
17
///
18
///
BALANCE OF PAGE INTENTIONALLY BLANK
TO COMPLY WITH LR IA 6-2.
19
20
///
21
///
22
///
23
///
24
25
26
2
1
2
3
4
5
6
7
8
9
10.
The United States respectfully requests that the Court order the United States’
responses to the Motions to Dismiss be due on April 23, 2024.
11.
The United States respectfully requests that the Court order the Defendants’ reply
briefs be due on May 10, 2024.
Respectfully submitted this 26th day of March 2024.
/s/ Joseph J. Sperber IV
JOSEPH J. SPERBER IV
Trial Attorney
United States Department of Justice
Civil Rights Division
Employment Litigation Section
Attorney for the United States
10
11
IT IS SO ORDERED:
12
13
UNITED STATES DISTRICT JUDGE
14
DATED:
March 26, 2024
15
16
17
18
19
20
21
22
23
24
25
26
3
Case 3:24-cv-00026-MMD-CLB Document 27 Filed 03/26/24 Page 4 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
CERTIFICATE OF SERVICE
I certify that on the 26th day of March 2024, I used the Court’s electronic filing system to
file a true and correct copy of the foregoing, which will send notification of such filing to the
following attorneys of record:
For Defendant the Public Employees’
Retirement System of Nevada
For Defendants the State of Nevada and the
Office of the Attorney General of Nevada
Ian E. Carr
Nevada Attorney General
100 North Carson Street
Carson City, NV 89701
Iva K. Todorova
Marni Rubin Watkins
Navada Attorney General
Suite 3900
555 East Washington Avenue
Las Vegas, NV 89101
Samuel I. Levin
David N. Levine
Groom Law Group
Suite 1200
1701 Pennsylvania Avenue, N.W.
Washington, DC 20006
Dated: March 26, 2024, in Washington, D.C.
/s/ Joseph J. Sperber IV
JOSEPH J. SPERBER IV
Attorney for Plaintiff
The United States of America
14
15
16
17
18
19
20
21
22
23
24
25
26
i
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?