Opinion
CASE NO.: 2:13-CV-00314-JAD-PAL
09-06-2013
A.W., a minor, by and through Guardian Ad Litem and individual, CHABLIS STEWART WILLIAMS, Plaintiffs, v. CLARK COUNTY SCHOOL DISTRICT; JANICE ROLLINS/MONTEIRO, individually and in her official capacity as a Speech Pathologist with the CLARK COUNTY SCHOOL DISTRICT; and DWIGHT D. JONES in his official capacity as Superintendent of the CLARK COUNTY SCHOOL DISTRICT, Defendants.
OFFICE OF THE GENERAL COUNSEL CLARK COUNTY SCHOOL DISTRICT DONNA MENDOZA MITCHELL, ESQ. Nevada Bar No. 2755 JEANNE-MARIE HANNA, ESQ. Nevada Bar No. 8613 PHOEBE V. REDMOND, ESQ. Nevada Bar No. 9657 MARK E. FERRARIO, ESQ. Nevada Bar No. 1625 Kara B. HENDRICKS, ESQ. Nevada Bar No. 7743 GREENBERG TRAURIG, LLP 3773 Howard Hughes Pkwy., #400 North Attorneys for Defendants
OFFICE OF THE GENERAL COUNSEL
CLARK COUNTY SCHOOL DISTRICT
DONNA MENDOZA MITCHELL, ESQ.
Nevada Bar No. 2755
JEANNE-MARIE HANNA, ESQ.
Nevada Bar No. 8613
PHOEBE V. REDMOND, ESQ.
Nevada Bar No. 9657
MARK E. FERRARIO, ESQ.
Nevada Bar No. 1625
Kara B. HENDRICKS, ESQ.
Nevada Bar No. 7743
GREENBERG TRAURIG, LLP
3773 Howard Hughes Pkwy., #400 North
Attorneys for Defendants
MOTION TO EXCUSE THE ATTENDANCE
OF DEFENDANTS ROLLINS/MONTEIRO
AND JONES FROM THE SETTLEMENT
CONFERENCE
The undersigned, counsel for Clark County School District ("CCSD"), Janice Rollins/Monteiro and Dwight D. Jones (collectively "Defendants"), hereby submits this request to excuse the attendance of Defendants Rollins/Monteiro and Jones from the upcoming settlement conference.
I. INTRODUCTION AND ARGUMENT
Plaintiffs filed the instant action seeking reversal of the Nevada Department of Education State Review Officer special education administrative decision based upon 20 U.S.C. § 1415(i)(2)(A) and for related claims of racial discrimination. In addition to naming CCSD, Plaintiffs have also alleged claims against Dwight Jones, the former CCSD Superintendent, and Ms. Janice Rollins/Monteiro, a speech language therapist for the CCSD who evaluated the student.
A settlement conference is currently scheduled for Friday, September 6, 2013 at 9:30 a.m. Defendants respectfully request that Mr. Jones and Ms. Rollins/Monteiro be excused from attending the upcoming settlement conference. Although Plaintiffs named both Mr. Jones and Ms. Rollin/Monteiro in their lawsuit, Defendants believe that both were improperly named and Plaintiffs' claims against both are redundant of Plaintiffs' claims against the CCSD. A Motion to Dismiss (Doc. #21) which seeks dismissal of the claims against Defendants Mr. Jones and Ms. Rollin/Monteiro is currently pending with the Court. Additionally, CCSD has accepted the full defense of this lawsuit on behalf of both Mr. Jones and Ms. Rollin/Monteiro given that both were sued for events that occurred in their capacities as Superintendent and speech language therapist, respectively, CCSD's general counsel will attend the settlement conference and will have full authority to settle the case on behalf of all Defendants.
Moreover, Mr. Jones no longer resides in the State of Nevada and the CCSD is not currently aware of his current schedule and will need to coordinate his availability and travel. In addition, the settlement conference will occur on a regular school day during which Ms. Rollins/Monteiro is responsible for providing educational support for students and staff within the district. Her attendance at a settlement conference will require the CCSD to coordinate making other arrangements for coverage of her current work assignment. Because settlement discussions between the parties will not be aided by Mr. Jones or Ms. Rollins/Monteiro's presence, Defendants respectfully request their attendance from the settlement conference be excused.
II. CONCLUSION
For the foregoing reasons, Defendants respectfully request the Court excuse the attendance of former Superintendent Dwight Jones and Ms. Rollins/Monteiro at the upcoming settlement conference.
CLARK COUNTY SCHOOL DISTRICT
OFFICE OF THE GENERAL COUNSEL
By: ____________________
DONNA MENDOZA MITCHELL, ESQ.
Nevada Bar No. 2755
JEANNE-MARIE HANNA, ESQ.
Nevada Bar No. 8613
PHOEBE V. REDMOND, ESQ.
Nevada Bar No. 9657
5100 West Sahara Avenue
Las Vegas, NV 89146
MARK E. FERRARIO, ESQ.
Nevada Bar No. 1625
KARA HENDRICKS, ESQ.
Nevada Bar No. 7743
GREENBERG TRAURIG, LLP
3773 Howard Hughes Pkwy.,#400 North
Las Vegas, NV 89169
Attorneys for Defendants IT IS SO ORDERED this 4th day of September, 2013. ____________________
Peggy A. Leen
United States Magistrate Judge
CERTIFICATE OF ELECTRONIC FILING
I hereby certify that on the 30th day of August, 2013, I electronically filed the foregoing MOTION TO EXCUSE THE ATTENDANCE OF DEFENDANTS ROLLINS/MONTEIRO AND JONES FROM THE SETTLEMENT CONFERENCE with the United States District Court, District of Nevada's CM/ECF System thereby completing service upon Plaintiff's counsel, Lawrence W. Freiman, Esq., who is a registered user.
Eva Martinez
AN EMPLOYEE OF THE CLARK COUNTY
SCHOOL DISTRICT