Opinion
2:21-cv-0589-CDS-VCF
08-28-2023
LATONIA W. LISTER, Plaintiff v. CITY OF LAS VEGAS, Defendant
F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC F. Travis Buchanan, Esq. Attorneys for Plaintiff Latonia W. Lister JEFFRY M. DOROCAK Nechole Garcia, NV Bar No. 12746 Timothy Geswein, NV Bar No. 10049 Attorneys for Defendants DOUGLAS / HICKS LAW, APC Jamon R. Hicks, Esq., CA Bar No. 232747, Admitted Pro Hoc Attorneys for Plaintiff Latonia W. Lister
F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC
F. Travis Buchanan, Esq.
Attorneys for Plaintiff Latonia W. Lister
JEFFRY M. DOROCAK
Nechole Garcia, NV Bar No. 12746
Timothy Geswein, NV Bar No. 10049
Attorneys for Defendants
DOUGLAS / HICKS LAW, APC
Jamon R. Hicks, Esq., CA Bar No. 232747, Admitted Pro Hoc
Attorneys for Plaintiff Latonia W. Lister
STIPULATION AND ORDER TO DISMISS PLAINTIFF'S INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM, WITH PREJUDICE
PLAINTIFF LATONIA LISTER and DEFENDANT CITY OF LAS VEGAS, through their respective counsel of record, hereby stipulate that Plaintiff's Eighth Cause of Action for Intentional Infliction of Emotional Distress under Nevada State Law may be dismissed with prejudice. By agreeing to this Stipulation, Plaintiff is not waiving any right she has to pursue her remaining causes of action.
While Defendant City of Las Vegas asserts that Plaintiff's TIED Claim is preempted by NRS 613.330, Plaintiff's research indicated that state law tort claims, such as Plaintiff's TIED may not be preempted by NRS 613.330 and/or Title VII of the Civil Rights Act of 1964. Notwithstanding this, and for other reasons, Plaintiff has elected to dismiss her IIED Claim, with prejudice as such claim is duplicative and emotional distress damages are allowable under Title VII of the Civil Rights Act of 1964.
IT IS SO ORDERED: