Hambly v. Procare Hospice of Nevada, LLC et al
| Paula Hambly |
| Mark Birnbaum and Procare Hospice of Nevada, LLC |
| 2:2021cv00923 |
| May 12, 2021 |
| US District Court for the District of Nevada |
| James C Mahan |
| Brenda Weksler |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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| Filing 17 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HAM) |
Filing 16
SCHEDULING ORDER granting #15 Discovery Plan and Scheduling Order; ORDER denying as moot #12 Discovery Plan. Discovery due by 12/20/2021. Motions due by 1/19/2022. Proposed Joint Pretrial Order due by 2/18/2022. Signed by Magistrate Judge Brenda Weksler on 7/2/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 15 Amended Stipulated Discovery Plan and Scheduling Order by Defendants Mark Birnbaum, Procare Hospice of Nevada, LLC. (Christensen, Deverie) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 6/29/2021. Re: 13 Order on Discovery Plan and Scheduling Order. At ECF No. 13 the undersigned magistrate judge issued an order denying the parties joint stipulated discovery plan and scheduling order. However, the order was entered in error because Magistrate Judge Brenda Weksler is the assigned magistrate judge in this matter. IT IS THEREFORE ORDERED that the minute order at ECF No. 13 and the 7/6/2021 deadline therein are VACATED. The Clerk of Court is kindly directed to gavel ECF No. 12 so that Judge Weksler may resolve the parties stipulation. (no image attached) (Copies have been distributed pursuant to the NEF - TG) |
| Filing 13 VACATED MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 6/28/2021. Having reviewed the parties Joint Discovery Plan and Scheduling Order #12 , the Court finds that the parties have neglected to include the electronic evidence certification under Local Rule 26-1(b)(9). IT IS THEREFORE ORDERED that the Joint Discovery Plan and Scheduling Order #12 is denied without prejudice. IT IS FURTHER ORDERED that the parties shall file a revised stipulated discovery plan and scheduling order in compliance with Local Rule 26-1 by July 6, 2021. (Copies have been distributed pursuant to the NEF - DLM) Vacated on 6/30/2021 per 14 Minute Order (SLD). |
| Filing 12 Joint Stipulated Discovery Plan and Scheduling Order by Defendants Mark Birnbaum, Procare Hospice of Nevada, LLC. (Christensen, Deverie) |
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Filing 11
ORDER setting Early Neutral Evaluation session. Early Neutral Evaluation set for 8/2/2021 at 10:00 AM by video. The written evaluation statements must be submitted by email to Kimberly_LaPointe@nvd.uscourts.gov by Noon on Monday, July 26, 2021. Do not deliver or mail them to the clerk's office. Do not serve a copy on opposing counsel. Signed by Magistrate Judge Daniel J. Albregts on 6/22/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 10
ORDER Denying #6 Motion to Remand to State Court. Signed by Judge James C. Mahan on 6/16/2021.(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 9 Joint STATUS REPORT Regarding Removal by Defendants Mark Birnbaum, Procare Hospice of Nevada, LLC. (Christensen, Deverie) |
| Filing 8 RESPONSE to #6 Motion to Remand to State Court by Defendants Mark Birnbaum, Procare Hospice of Nevada, LLC. Replies due by 6/2/2021. (Christensen, Deverie) |
| Filing 7 STATEMENT REGARDING REMOVAL by Defendants Mark Birnbaum, Procare Hospice of Nevada, LLC. (Christensen, Deverie) |
| Filing 6 MOTION to Remand to State Court by Plaintiff Paula Hambly. Responses due by 5/31/2021. (Attachments: #1 Exhibit Exhibit 1 to Motion to Remand, #2 Exhibit Exhibit 2 to Motion to Remand) (Brookhyser, Amanda) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 5/12/2021. Statement regarding removed action is due by 5/27/2021. Joint Status Report regarding removed action is due by 6/11/2021. (Copies have been distributed pursuant to the NEF - HAM) |
| Filing 4 CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Daniel J. Albregts will be the evaluating judge in this case. (no image attached) (HAM) |
| Filing 3 CERTIFICATE of Interested Parties by Mark Birnbaum, Procare Hospice of Nevada, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent ProCare Management Services, LLC for Procare Hospice of Nevada, LLC added. (Christensen, Deverie) |
| Filing 2 ERROR: Document termined - entered in error. See #1 -6 Order Granting Motion to Sever. No further action is required by attorney Deverie Christensen . CLERK'S NOTICE re #1 Petition for Removal filed by attorney Deverie Christensen. The document is missing the State Court Complaint as an attachment.Counsel is advised to file the State Court Complaint using the event Exhibit and link to #1 Petition. (no image attached) (SLD) Modified on 5/13/2021 (SLD). |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court Clark County Nevada, Case Number A-21-834030-B, (Filing fee $ 402 receipt number 0978-6484600) by Procare Hospice of Nevada, LLC, Mark Birnbaum. (Attachments: #1 Exhibit A - Answer to First Amended Complaint and Counterclaim, #2 Exhibit B - Amended Answer to First Amended Complaint and First Amended Counterclaim, #3 Exhibit C - Motion to Sever on Order Shortening Time, #4 Exhibit D - Procare Hospice's Answer to Paula Hambly's First Amended Counterclaim, #5 Exhibit E - Mark Birnbaum's Answer to Paula Hambly's First Amended Counterclaim, #6 Exhibit F - Order Granting Motion to Sever, #7 Exhibit G - Register of Actions, #8 Civil Cover Sheet) (Christensen, Deverie) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Brenda Weksler. (HAM) |
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