Opinion
2:21-cv-02004-RFB-NJK
04-21-2022
ARTHURO MEHRETU, an Individual, Plaintiff, v. SOUTHERN NEVADA HEALTH DISTRICT, a Political Subdivision of the State of Nevada, Defendant.
MICHAEL M. EDWARDS, ESQ. Nevada Bar No. 6281 STEPHANIE D. BEDKER, ESQ. Nevada Bar No. 14169 MESSNER REEVES LLP Attorneys for Defendant Southern Nevada Health District HKM EMPLOYMENT ATTORNEYS LLP JENNY L. FOLEY, Ph.D., ESQ. Nevada Bar No. 9017 Attorney for Plaintiff Arthuro Mehretu
MICHAEL M. EDWARDS, ESQ. Nevada Bar No. 6281 STEPHANIE D. BEDKER, ESQ. Nevada Bar No. 14169 MESSNER REEVES LLP Attorneys for Defendant Southern Nevada Health District
HKM EMPLOYMENT ATTORNEYS LLP JENNY L. FOLEY, Ph.D., ESQ. Nevada Bar No. 9017 Attorney for Plaintiff Arthuro Mehretu
STIPULATION AND [PROPOSED] ORDER TO EXTEND EARLY NEUTRAL EVALUATION (FIRST REQUEST)
Pursuant to Local Rules IA 6-1 and 26-3, IT IS HEREBY STIPULATED AND AGREED by and between ARTHURO MEHRETU (“Plaintiff”) and SOUTHERN NEVADA HEALTH DISTRICT (“Defendant” or “Health District”) that the current deadlines contained in this Court's Order Scheduling Early Neutral Evaluation Session (ECF No. 10) be extended by two (2) months in the above referenced matter and that the deadline for a discovery plan and scheduling order be continued, pending a determination on Defendant's Motion to Compel Arbitration. This is the first stipulation to extend such deadlines.
I. BACKGROUND AND REASON FOR MODIFICATION
This case arises out of alleged unlawful workplace discrimination and retaliation against Plaintiff by his former employer, the Health District. Plaintiff alleges he filed three (3) separate, unrelated reports within the Health District, which resulted in no fewer than eleven (11) purported adverse employment actions extending over a period of five (5) years, ultimately leading to his termination on December 18, 2020. Based on such allegations, Plaintiff asserts numerous state law and federal claims against the Health District, including: (1) discrimination based on race in violation of NRS 613.330, et seq. and Title VII, 24 USC 2000e, et seq.; (2) retaliation based on race in violation of NRS 613.340 and 42 USC 2000e-3 ; (3) violation of the Civil Rights Act of 1871, Section 1981; (4) intentional/negligent infliction of emotional distress; and (5) wrongful termination in violation of public policy (whistleblower). Defendant filed a Motion to Dismiss Plaintiff's Complaint on March 7, 2022 (ECF No. 8), the filing of which triggered this Court's Order Scheduling Early Neutral Evaluation Session pursuant to Local Rule 16-6 on March 10, 2022 (ECF No. 10). However, prior to any opposition being filed to the Motion to Dismiss, on March 14, 2022, Defendant withdrew its Motion to Dismiss and filed a Motion to Compel Arbitration. See ECF No. 11 (Motion to Compel Arbitration); ECF No. 12 (Notice of Withdrawal of Motion to Dismiss). The Motion to Compel Arbitration having been fully briefed, the parties are awaiting a ruling from the Court.
Good cause exists to extend the Early Neutral Evaluation deadlines. The Court's determination on the pending Motion to Compel Arbitration may remove this matter entirely from this Court's jurisdiction so that it may be determined by an arbitrator, in accordance with the terms of the arbitration agreement at issue. Further, given the detailed complexity of Plaintiff's factual allegations, additional time is needed to investigate the legal and factual issues whose early resolution would reduce the scope of the dispute or contribute to settlement negotiations and to assess the relative strengths and weaknesses of each of Plaintiff's claims and candidly evaluate the merits of this case.
II. STIPULATION
The parties respectfully request that the Court grant a two (2) month extension to the deadlines contained in its Order Scheduling Early Neutral Evaluation Session. The parties jointly seek a modification of the current deadlines as follows:
1. Current Deadlines:
Initial Disclosures April 25, 2022
Written Evaluation Statements April 25, 2022, 4:00 p.m.
Email Chambers re: Email Addresses April 25, 2022
Early Neutral Evaluation May 2, 2022
2. Proposed Deadlines:
Initial Disclosures June 24, 2022
Written Evaluation Statements June 24, 2022, 4:00 p.m.
Email Chambers re: Email Addresses June 24, 2022
Early Neutral Evaluation On or about July 1, 2022
Further, the parties agree that this stipulation does not constitute acceptance by Defendant of the Court's jurisdiction in this matter or any waiver with respect to its efforts to move this case to arbitration in accordance with the terms of the arbitration agreement. The parties acknowledge that if the Motion to Compel Arbitration is granted, the foregoing deadlines will be rendered moot.
The parties also stipulate that the deadline for submission of a discovery plan and scheduling order be continued, pending a determination on Defendant's Motion to Compel Arbitration.
This request is made in good faith and not for purposes of delay.
IT IS SO STIPULATED.
ORDER
The deadlines are hereby extended and continued as stipulated by the parties, with the Early Neutral Evaluation Session to commence at 10:00 a.m. on July 6, 2022.
The confidential ENE statement and email chambers re: email addresses are due by 4:00 PM, June 25, 2022. All else as stated in ECF No. 10 remains the same.
IT IS SO ORDERED.
Request regarding discovery must be file separately for consideration by Judge Koppe.