Heyman v. State of Nevada ex rel Board of Regents for the Nevada System of Higher Education et al
| Darren Heyman |
| Philip Burns, Curtis Love, Kristin Malek, Lisa Moll-Cain, Rhonda Montgomery, Stowe Shoemaker, Neal Smatresk, Donald Snyder, State of Nevada and Sarah Tanford |
| 2:2015cv01228 |
| June 29, 2015 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F. Boulware |
| George Foley |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
563
ORDER. IT IS ORDERED that the case is remanded to the state court from which it was removed for all further proceedings. The clerk of court is instructed to close this case. Signed by Judge Andrew P. Gordon on 7/21/2021., Case terminated. (Copies have been distributed pursuant to the NEF - certified copy of docket and order mailed to state court - HAM)
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Filing
548
ORDER granting 542 Motion to Postpone Trial. The Jury trial shall be reset by separate order. Signed by Judge Andrew P. Gordon on 1/10/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
521
ORDER granting 520 Stipulation Requesting Change of Settlement Conference Date. IT IS ORDERED that the Settlement Conference is hereby continued and reset for Thursday, October 29, 2020 at 10:00 a.m. via video conference. The confidential briefs are due by noon on Thursday, October 22, 2020. All other provisions of the Court's Order 518 remain in effect. Signed by Magistrate Judge Daniel J. Albregts on 9/3/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
516
ORDER. All pending motions (ECF Nos. 505 , 508 , 510 ) are DENIED. Proposed Joint Pretrial Order due by 10/22/2020. Motions in limine, if any, due by 11/6/2020. Calendar Call set for 1/19/2021 at 08:45 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial set for 1/25/2021 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 6/4/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
501
ORDER. IT IS ORDERED that 488 , 490 -1 at 27 the parties' proposed pretrial orders are rejected. The parties shall confer as directed above and submit a Joint Pretrial Order that complies with Local Rules 16-3 and 16-4 by 5/15/20. FURTHE R ORDERED that 489 Heyman's motion to compel and 490 motion to extend time are denied as moot based on this order. FURTHER ORDERED that 496 the defendants' motion to file a surreply is granted. Signed by Judge Andrew P. Gordon on 4/24/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
499
ORDER Denying 494 Emergency Motion to Stay Case as moot. Signed by Judge Andrew P. Gordon on 4/23/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
487
SCHEDULING ORDER Granting 486 Stipulation. Proposed Joint Pretrial Order due by 3/9/2020. Signed by Magistrate Judge Daniel J. Albregts on 2/27/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
485
ORDER Denying 475 Motion to Certify Orders and Denying 476 Motion to Stay Case. Signed by Judge Andrew P. Gordon on 2/20/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
474
ORDER. IT IS ORDERED that 438 Heyman's supplemental motion for summary judgment is DENIED and 436 UNLV's supplemental motion for summary judgment is GRANTED. Claims 27- 30 are dismissed against all defendants. IT IS FURTHER ORDERED th at 435 Montgomery's motion for attorney's fees is DENIED. IT IS FURTHER ORDERED that 458 Heyman's motion for re-taxation of costs is DENIED. IT IS FURTHER ORDERED that 466 Heyman's motion for re-reconsideration is DENIED. Signed by Judge Andrew P. Gordon on 1/27/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
465
ORDER denying 448 Motion for Recusal of District Judge ; ORDER denying 449 Motion to Change Venue; ORDER denying 450 Motion to Stay Case; ORDER denying 451 Motion for Reconsideration; Signed by Judge Andrew P. Gordon on 7/11/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
427
ORDER. IT IS ORDERED that 377 the plaintiff's motion for summary judgment is DENIED. IT IS FURTHER ORDERED that 371 Montgomery's motion for summary judgment is GRANTED. IT IS FURTHER ORDERED that 374 the collective defendants& #039; motion for summary judgement is GRANTED IN PART. IT IS FURTHER ORDERED that Heyman and UNLV may submit supplemental motions for summary judgment on Claims 27-30 by 3/26/19. Each side may submit a response by 4/9/19. Signed by Judge Andrew P. Gordon on 3/12/2019. (Copies have been distributed pursuant to the NEF - ADR) (Main Document 427 replaced on 3/12/2019 - nef regenerated) (MMM).
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Filing
425
ORDER Denying 364 Plaintiff's Counter-Motion for Sanctions Against Montgomery and Her Counsel. Signed by Judge Andrew P. Gordon on 2/28/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
422
ORDER. IT IS ORDERED that 188 Magistrate Judge Foley's ruling is affirmed in its entirety, and 205 Heyman's objection is overruled. Signed by Judge Andrew P. Gordon on 1/22/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
417
ORDER Re: 410 Memorandum. IT IS HEREBY ORDERED that Plaintiff shall pay the amount of $1,148.00 to Defendant Montgomery. IT IS FURTHER ORDERED that Plaintiff is to make the payment to Defendant Montgomery within 30 days of the issuance of an order denying his objection 415 to this Court's order granting, in part, Defendant's motion for sanctions. Signed by Magistrate Judge George Foley, Jr on 11/21/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
413
ORDER. IT IS ORDERED that 409 the plaintiff's Emergency Motion to Stay Proceedings is denied. Heyman has until 5:00 pm on Friday 11/2/18 to provide the defendants with the proper HIPPA release as ordered by Magistrate Judge Foley 405 before further sanctions are imposed. Signed by Judge Andrew P. Gordon on 10/31/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
405
ORDER Granting in part and Denying in part 392 Motion for Sanctions. IT IS FURTHER ORDERED that Defendant Montgomery shall no later than 10/31/18 serve and file a memorandum, supported by affidavit of counsel, establishing the amount of attorneys' fees and costs incurred as addressed in this order. See Order for further deadlines. Signed by Magistrate Judge George Foley, Jr on 10/17/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
397
CLERK'S JUDGMENT on Attorney Fees in favor of Rhonda Montgomery against Darren Heyman. Plaintiff shall pay the amount of $1,408.00 to Defendant Montgomery. Signed by Clerk of Court Debra K. Kempi on 8/9/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
367
ORDER that 354 Plaintiff's Motion to Strike is denied. FURTHER ORDERED that 355 Plaintiff's Motion for Sanctions is denied. Signed by Magistrate Judge George Foley, Jr on 6/27/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
362
ORDER Granting Defendant Rhonda Montgomery's 333 Motion for Contempt Against Plaintiff for Failure to Comply with this Court's Order. The Court sanctions Plaintiff in the amount of Defendant Montgomery's reasonable attorney' s fees and costs incurred in preparing and filing her motion for contempt. Counsel for Defendant Montgomery shall file and serve a Memorandum re attorneys' fees and costs by 7/2/2018. Plaintiff's Response due by 7/16/2018. The 338 Counter-Motion for Sanctions is Denied. Motions due by 7/2/2018. Responses due by 7/16/2018. Signed by Magistrate Judge George Foley, Jr on 6/18/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
349
ORDER. IT IS HEREBY ORDERED that 348 Defendant Montgomery's Motion to Remove Attorney from Service List is granted. IT IS FURTHER ORDERED that the Clerk of the Court shall remove Brianna Smith, Esq. from the CM/ECF service list in this case. Signed by Magistrate Judge George Foley, Jr on 5/2/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
343
ORDER. IT IS HEREBY ORDERED that 323 Defendants' Motion for Protective Order is granted, in part, and denied, in part in accordance with the foregoing provisions in this order. IT IS FURTHER ORDERED that 324 Defendants' Motion to Quash Subpoenas Duces Tecum is denied. IT IS FURTHER ORDERED that 331 Plaintiff's Counter-Motion to Extend Discovery is granted. The discovery and other scheduling deadlines are extended as follows: Discovery due by 5/21/2018. Motions due by 6/20/2018. Proposed Joint Pretrial Order due by 7/20/2018. Signed by Magistrate Judge George Foley, Jr on 4/20/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
311
ORDER. IT IS ORDERED that 269 Plaintiff's Emergency Objection/Appeal of Magistrate Judge Order is DENIED. IT IS FURTHER ORDERED that 310 Plaintiff's Emergency Objection/Appeal of Magistrate Judge Order is DENIED. Signed by Judge Richard F. Boulware, II on 2/14/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
309
ORDER. IT IS HEREBY ORDERED that 243 Defendant Montgomery's Motion to Compel Discovery is granted, in part. Plaintiff shall provide the HIPAA authorization to Defendant's counsel to obtain such records within fourteen (14) days from t he date of this order. IT IS FURTHER ORDERED Plaintiff shall provide Defendant with a copy of his responses to Defendant's first set of Interrogatories within fourteen (14) days from the date of this order. IT IS FURTHER ORDERED that 244 Defendant's Motion for Sanctions isdenied. Signed by Magistrate Judge George Foley, Jr on 2/9/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
265
ORDER. IT IS HEREBY ORDERED that 229 Plaintiff's Eleventh Motion to Compel is granted, in part. Defendant shall serve her supplemental responses to these discovery requests within ten (10) days of the filing of this order. Signed by Magistrate Judge George Foley, Jr on 12/27/2017. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
235
ORDER granting in part and denying in part (see order for details) 189 Motion to Compel; 190 Motion to Compel; 191 Motion to Compel; 192 Motion to Compel; 193 Motion to Compel; 194 Motion to Compel; 195 Motion to Compel; [1 96] Motion to Compel; Defendants shall respond to outstanding discovery request as modified in this order within 14 days of this order. Signed by Magistrate Judge George Foley, Jr on 11/16/2017. (Copies have been distributed pursuant to the NEF - JM)
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Filing
225
ORDER. IT IS ORDERED that 45 Defendant Smatresk's Motion to Dismiss and 47 Defendants' Joint Motion to Dismiss are GRANTED. Claims 6, 7, 8, 12, 16, and 17 are dismissed with prejudice as to Defendant Smatresk. Claims 14, 15, 18, 19, 20, 21, 22, 23, 24, and 25 are dismissed with prejudice as to all Defendants. Signed by Judge Richard F. Boulware, II on 10/19/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
203
ORDER. IT IS HEREBY ORDERED that 178 Plaintiff's Motion to Compel Clerk to Sign Subpoenas is Granted. Signed by Magistrate Judge George Foley, Jr on 10/2/18. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
198
ORDER. IT IS HEREBY ORDERED that 165 Plaintiff's Second Motion to Compel Defendant Rhonda Montgomery to Further Respond to Plaintiff's Discovery Requests is granted, in part. See Order for details. IT IS FURTHER ORDERED that 181 De fendant Montgomery's Countermotion for Protective Order is granted with respect to Plaintiff's discovery requests that seek information regarding the use or abuse of alcohol, controlled substances, sexual conduct or behavior, and alleged acts of discriminatory conduct against other persons. Signed by Magistrate Judge George Foley, Jr on 9/27/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
179
ORDER Granting 174 Motion to Substitute Attorney. Attorney Timothy R. Mulliner terminated. Signed by Magistrate Judge George Foley, Jr on 9/7/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
171
ORDER. IT IS HEREBY ORDERED that 169 Defendant Rhonda Montgomery's Emergency Motion to Stay re 165 Motion is granted, in part. IT IS FURTHER ORDERED that Defendant shall have until 9/8/17 to file an opposition to Plaintiffs second motion to compel. Plaintiff shall have until 9/15/17 to file a reply. Signed by Magistrate Judge George Foley, Jr on 8/31/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
157
ORDER. IT IS HEREBY ORDERED that 146 Plaintiff's Third Motion to Compel is Denied. Signed by Magistrate Judge George Foley, Jr on 7/11/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
149
ORDER. IT IS HEREBY ORDERED that 134 Plaintiff's Motion to Compel and 145 SecondMotion to Compel are denied, without prejudice. Signed by Magistrate Judge George Foley, Jr on 6/2/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
126
ORDER Granting 125 Stipulation to Extend Time to File Amended Answer re 28 Amended Complaint. Defendants' shall have thirty (30) days from entry of this Order to file an Amended Answer to Plaintiffs First Amended Complaint. Signed by Magistrate Judge George Foley, Jr on 8/1/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
120
ORDER Denying Defendants' 113 Motion to Strike. Signed by Magistrate Judge George Foley, Jr. on 07/20/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
102
ORDER denying ECF No. 63 Motion to Strike Fugitive Documents and to Deny Plaintiff's Motions for Partial Default Against Defendants. Signed by Magistrate Judge George Foley, Jr., on 5/31/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
34
ORDER Granting 33 Stipulation to Extend Deadline for Defendants to file Responsive Pleadings to Plaintiff's First Amended Complaint. Defendants' answer due 5/13/2016. Signed by Judge Richard F. Boulware, II on 4/26/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
26
ORDER Granting 25 Stipulation to Stay Fed.R.Civ. P. 26(f) Conference (First Request) filed by Sarah Tanford, Donald Snyder, Rhonda Montgomery, Neal Smatresk, Lisa Moll-Cain, State of Nevada, Stowe Shoemaker, Philip Burns, Curtis Love, Kristin Malek. IT IS ORDERED that: The Rule 26(f) conference be continued until after the Court issues its decision on the Defendants' 9 Motion to Dismiss. That the parties shall within 30 days from the date of the Court's deci sion of the 9 Motion to Dismiss, meet and confer; and within 45 days from the decision of the 9 Motion to Dismiss, the parties shall submit a proposed discovery plan and scheduling order which complies with LR 26-1(e). To stay discovery pending a decision on the 9 Motion to Dismiss. Signed by Magistrate Judge George Foley, Jr on 9/16/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
15
ORDER Granting 13 Stipulation to Extend Time to Respond to 9 Motion to Dismiss. Response due by 8/14/2015. Signed by Judge Richard F. Boulware, II on 7/22/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing
8
ORDER Granting 5 Motion for Permission for Electronic Case Filing. On or before 8/10/15 Plaintiff must provide certification that he has completed the CM/ECF tutorial. Signed by Magistrate Judge George Foley, Jr on 7/10/15. (Copies have been distributed pursuant to the NEF - PS)
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