Brathwaite v. Southwest Medical Associates, Inc.
| Dr. Marguerite Brathwaite and Marguerite Brathwaite |
| Southwest Medical Associates, Inc. |
| 2:2022cv00729 |
| May 6, 2022 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| James C Mahan |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 74 WITNESS LIST Joint Witness and Exhibit List by Defendant Southwest Medical Associates, Inc... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Brady, Katlyn) |
| Filing 73 SUPPLEMENTAL BRIEF re #68 Order, by Defendant Southwest Medical Associates, Inc.. . (Christensen, Deverie) |
| Filing 72 SUPPLEMENTAL BRIEF re #68 Order, by Plaintiff Marguerite Brathwaite. . (Diggs, Rodney) |
Filing 71
ORDER Granting #70 Stipulation to Continue Hearing re #46 Motion to Seal, #58 Motion to Seal, #54 Motion to Seal, #47 Motion to Seal, #59 Motion to Seal and Evidentiary Hearing re #67 Order. Supplemental briefs remain due on September 14, 2023. The joint exhibit list and witness list remain due on September 21, 2023. Motion Hearing and Evidentiary Hearing set for 10/26/2023 at 09:00 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 9/13/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 70 First STIPULATION TO CONTINUE (First Request) by Plaintiff Marguerite Brathwaite. (Buchanan, Floyd) (continue) (referral) |
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Filing 69
ORDER setting Motion Hearing Re: #46 Motion to Seal, #58 Motion to Seal, #54 Motion to Seal, #47 Motion to Seal, #59 Motion to Seal. Motion Hearing set for 10/5/2023 at 09:00 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. The parties must provide courtesy copies of each of their sealed documents with highlighting for each redaction proposed for that document. These courtesy copies must be submitted to the undersigneds box in the Clerk's Office by September 8, 2023. Signed by Magistrate Judge Nancy J. Koppe on 8/30/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 68
ORDER. The parties are ORDERED to file concurrent supplemental briefs on this issue by September 14, 2023. The supplemental briefs must not exceed eight pages in length. Signed by Magistrate Judge Nancy J. Koppe on 8/30/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 67
ORDER Granting #45 , 49 Motion for an Evidentiary Hearing. Evidentiary Hearing set for 10/5/2023 at 09:00 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. No later than September 21, 2023, the parties must jointly file an exhibit list and witness list. Signed by Judge James C. Mahan on 8/30/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 66
ORDER Granting #65 Stipulation to Stay Answering Deadline. Signed by Magistrate Judge Nancy J. Koppe on 8/29/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 65 First STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint, by Defendant Southwest Medical Associates, Inc.. (Brady, Katlyn) (extend) (answer) |
| Filing 64 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 8/17/2023. The Clerk's Office is INSTRUCTED to strike the minute order issued at Docket No. 63 as having been issued in error. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - TM) |
| Filing 63 STRICKEN per 64 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 8/16/2023. Plaintiff has filed documents under seal that are themselves redacted. See Docket No. 52. That makes no sense. Among other problems, the Court cannot see the information for which redaction has been sought. Plaintiff must file under seal an unredacted version of her opposition brief and exhibits thereto by August 23, 2023. The Court will thereafter determine whether such information should remain sealed when the Court decides the motions to seal. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM) Modified on 8/17/2023 (WJ). |
| Filing 62 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on August 14, 2023.RE: #14 Motion to dismiss and #18 noticeWHEREAS defendant filed a motion to dismiss claims five and seven of the complaint and plaintiff does not oppose. (ECF Nos. #14 , #18 , #19 ).IT IS ORDERED that defendants partial motion to dismiss (ECF No. #14 ) is GRANTED. Plaintiff's claims for (1) breach of employment contract and breach of the covenant of good faith and fair dealing and (2) wrongful termination for filing claims of discrimination in violation of Nevada's public policy are dismissed without prejudice. (no image attached) (Copies have been distributed pursuant to the NEF - ADR) |
| Filing 59 MOTION to Seal Document, #57 Reply, by Defendant Southwest Medical Associates, Inc.. Responses due by 8/16/2023. (Christensen, Deverie) |
| Filing 58 MOTION to Seal Document, #56 Reply, by Defendant Southwest Medical Associates, Inc.. Responses due by 8/16/2023. (Christensen, Deverie) |
| Filing 57 REPLY to Response to #45 Motion by Defendant Southwest Medical Associates, Inc.. (Attachments: #1 Exhibit A - Declaration of Deverie Christensen)(Christensen, Deverie) |
| Filing 56 REPLY to Response to #44 Motion to Enforce by Defendant Southwest Medical Associates, Inc.. (Attachments: #1 Exhibit A - Declaration of Deverie Christensen)(Christensen, Deverie) |
| Filing 54 MOTION to Seal Document by Plaintiff Marguerite Brathwaite. Responses due by 8/2/2023. (Buchanan, Floyd) |
| Filing 53 REPLY to Response to #45 Motion, #44 Motion to Enforce by Plaintiff Marguerite Brathwaite. (Attachments: #1 Exhibit Exhibit A)(Buchanan, Floyd) |
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Filing 51
ORDER granting #50 Stipulation to Extend Briefing Deadlines re: #45 Motion and #44 Motion to Enforce. Responses due by 7/19/2023. Replies due by 8/2/2023. Signed by Magistrate Judge Nancy J. Koppe on 7/13/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 50 First STIPULATION FOR EXTENSION OF TIME (First Request) For Plaintiff to Respond re #45 Motion, #44 Motion to Enforce by Plaintiff Marguerite Brathwaite. (Buchanan, Floyd) (extend) (nondispositive) |
| Filing 47 MOTION to Seal Document, #45 Motion, by Defendant Southwest Medical Associates, Inc.. Responses due by 7/12/2023. (Christensen, Deverie) |
| Filing 46 MOTION to Seal Document, #44 Motion to Enforce, by Defendant Southwest Medical Associates, Inc.. Responses due by 7/12/2023. (Christensen, Deverie) |
| Filing 45 MOTION for an Evidentiary Hearing by Defendant Southwest Medical Associates, Inc.. Responses due by 7/12/2023. (Attachments: #1 Exhibit A - Declaration of Deverie Christensen)(Christensen, Deverie) (misc) (settlement) |
| Filing 44 MOTION to Enforce Settlement Agreement by Defendant Southwest Medical Associates, Inc.. Responses due by 7/12/2023. (Attachments: #1 Exhibit A - Declaration of Deverie Christensen)(Christensen, Deverie) (Settlement) |
| Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 6/27/2023. On June 7, 2023, Defendant filed a status report that it intends to file a motion to enforce settlement following the filing of the status report. Docket No. 42 at 3. No such motion has been filed. Accordingly, if Defendant intends to seek such relief, it must file a motion to enforce settlement by July 11, 2023. If Defendant seeks other relief, such as a stay of discovery pending resolution of the motion to enforce, Docket No. 42 at 2, it must file a request for such relief rather than simply requesting a hearing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - TM) |
| Filing 42 STATUS REPORT Defendant's Status Report by Defendant Southwest Medical Associates, Inc... (Christensen, Deverie) |
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Filing 41
ORDER. Given the circumstances, the case management deadlines are VACATED. Dismissal papers or a status report must be filed by June 7, 2023. The stipulation to stay discovery #39 is DENIED as moot. Signed by Magistrate Judge Nancy J. Koppe on 5/8/2023. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 40 NOTICE of Appearance by attorney Floyd Travis Buchanan on behalf of Plaintiff Marguerite Brathwaite. Rodney S. Diggs, Esq. (Buchanan, Floyd) |
| Filing 39 STIPULATION TO STAY DISCOVERY by Defendant Southwest Medical Associates, Inc.. (Christensen, Deverie) (stay) (nondispositive) |
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Filing 38
ORDER Granting #37 Stipulation to Extend Discovery deadlines. Discovery due by 5/19/2023. Motions due by 6/21/2023. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2023. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 37 STIPULATION FOR EXTENSION OF TIME (First Request) to Extend Discovery Deadlines re #25 Order on Discovery Plan and Scheduling Order, by Defendant Southwest Medical Associates, Inc.. (Christensen, Deverie) (extend) (discovery) |
| Filing 36 NOTICE of Docket Correction to #35 Order: This entry was entered in error. Please disregard. (no image attached) (WJ) |
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Filing 35
PLEASE DISREGARD - ENTERED IN WRONG CASE ORDER. IT IS THEREFORE ORDERED that by February 10, 2023, plaintiff Jesse Bellamy and defendant Wells Fargo Bank, N.A. shall file a stipulation of dismissal or a status report. Signed by Judge Andrew P. Gordon on 1/30/2023. (Copies have been distributed pursuant to the NEF - YAW) Modified on 1/31/2023 (WJ).
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| Filing 34 NOTICE of Association of Counsel by Katlyn M Brady on behalf of Defendant Southwest Medical Associates, Inc.. (Brady, Katlyn) |
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Filing 33
ORDER. IT IS SO ORDERED that the Court STRIKES the above-referenced document (Docket No. #32 ), and instructs the parties to refrain from filing discovery documents on the docket in the future absent a Court order that they do so. Signed by Magistrate Judge Nancy J. Koppe on 1/19/2023. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 32 STRICKEN per #33 Order. (YAW) NOTICE Plaintiff's 26(a)2A Expert Disclosure by Marguerite Brathwaite.. (Attachments: #1 Exhibit)(Buchanan, Floyd) Modified on 1/19/2023 (YAW). |
| Filing 31 MINUTES OF PROCEEDINGS - Early Neutral Evaluation session held on 12/12/2022 before Magistrate Judge Daniel J. Albregts. Crtrm Administrator: J. Ries; Pla Counsel: Floyd Buchanan; Def Counsel: Deverie Christensen; Recording start and end times: 10:05 - 1:15; Courtroom: 3A; Also present were Marguerite Brathwaite and Danielle Tucker. The court heard presentations from counsel and the parties present and met with each side in caucuses. Offers and counteroffers were exchanged. A settlement was not reached. Counsel may jointly contact the court to request an additional settlement conference if they agree that additional negotiations would be helpful. (no image attached) (Copies have been distributed pursuant to the NEF - JAR) |
| Filing 30 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Rodney S. Diggs is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/ (no image attached) (WJ) Modified on 12/16/2022 COMPLIED (WJ). |
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Filing 29
ORDER Granting #28 Stipulation for extension of time to submit Early Neutral Evaluation Statements. Signed by Magistrate Judge Daniel J. Albregts on 12/5/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 28 STIPULATION FOR EXTENSION OF TIME (First Request) to Submit Early Neutral Evaluation Statements re 20 Minute Order,, by Defendant Southwest Medical Associates, Inc.. (Walker, Holly) (extend) (ene) |
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Filing 27
ORDER Granting #24 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Rodney S. Diggs for Marguerite Brathwaite and approving Designation of Local Counsel as to Floyd T. Buchanan. Signed by Judge James C. Mahan on 11/29/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
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| Filing 26 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.) (no image attached) (LOE) |
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Filing 25
ORDER Granting #23 Discovery Plan and Scheduling Order. Discovery due by 3/20/2023. Motions due by 4/19/2023. Proposed Joint Pretrial Order due by 5/19/2023. Signed by Magistrate Judge Nancy J. Koppe on 11/23/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 24 First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rodney S. Diggs and DESIGNATION of Local Counsel Floyd T. Buchanan (Filing fee $ 250 receipt number ANVDC-7125792) by Plaintiff Marguerite Brathwaite. (Attachments: #1 Exhibit Exhibit A)(Buchanan, Floyd) |
| Filing 23 Proposed Stipulated Discovery Plan and Scheduling Order re #22 Order, by Defendant Southwest Medical Associates, Inc... (Walker, Holly) |
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Filing 22
ORDER. IT IS SO ORDERED that the parties are hereby ORDERED to file, no later than November 22, 2022, a joint proposed discovery plan. Signed by Magistrate Judge Nancy J. Koppe on 11/15/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 21 REPLY to Response to #14 Motion to Dismiss by Defendant Southwest Medical Associates, Inc.. (Walker, Holly) |
| Filing 20 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 10/26/2022. Re: #15 Order Setting Early Neutral Evaluation Session. Due to a conflict in the Court's calendar the Early Neutral Evaluation currently scheduled for Thursday, December 1, 2022 is RESCHEDULED to Monday, December 12, 2022 at 10:00 a.m. The confidential ENE statement is due December 5, 2022. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KL) |
| Filing 19 NON-OPPOSITION to #14 Motion to Dismiss by Plaintiff Marguerite Brathwaite. (Buchanan, Floyd) |
| Filing 18 UNOPPOSED MOTION NTC of Non-Opposition re #14 Motion to Dismiss by Plaintiff Marguerite Brathwaite. Responses due by 11/9/2022. (Buchanan, Floyd) (answer) |
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Filing 17
ORDER Granting #16 Stipulation for extension of time to respond to #14 Motion to Dismiss. Responses due by 10/26/2022. Signed by Judge James C. Mahan on 10/5/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 16 STIPULATION FOR EXTENSION OF TIME (First Request) re #14 Motion to Dismiss by Plaintiff Marguerite Brathwaite. (Buchanan, Floyd) (extend) (sumjgm) |
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Filing 15
ORDER Setting Early Neutral Evaluation session. Early Neutral Evaluation set for 12/1/2022 at 10:00 AM in LV Courtroom 3A before Magistrate Judge Daniel J. Albregts. Signed by Magistrate Judge Daniel J. Albregts on 9/22/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 14 MOTION to Dismiss #1 Complaint, by Defendant Southwest Medical Associates, Inc.. Responses due by 10/5/2022. (Christensen, Deverie) |
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Filing 13
ORDER Granting #12 Stipulation to Extend Deadline for Defendant to file response to Complaint. Southwest Medical Associates, Inc. answer due 9/21/2022. Signed by Magistrate Judge Nancy J. Koppe on 9/13/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 12 STIPULATION FOR EXTENSION OF TIME (Second Request) for Defendant to Respond to Plaintiff's Complaint re #1 Complaint, by Defendant Southwest Medical Associates, Inc.. (Walker, Holly) (extend) (answer) |
| Filing 11 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Daniel J. Albregts for all further ENE proceedings. (no image attached) (EDS) |
| Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 8/19/2022. By Judicial Assistant: E. Santiago. With good cause appearing, the Honorable Magistrate Judge Elayna J. Youchah recuses herself in this action.IT IS HEREBY ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
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Filing 9
ORDER Granting #7 Stipulation to Extend time to Respond to Complaint. Southwest Medical Associates, Inc. answer due 9/14/2022. Signed by Magistrate Judge Nancy J. Koppe on 8/10/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 8 CERTIFICATE of Interested Parties by Southwest Medical Associates, Inc.. There are no known interested parties other than those participating in the case (Christensen, Deverie) |
| Filing 7 STIPULATION FOR EXTENSION OF TIME (First Request) for Defendant to Respond to Plaintiff's Complaint re #1 Complaint, by Defendant Southwest Medical Associates, Inc.. (Walker, Holly) (extend) (answer) |
| Filing 6 SUMMONS Returned Executed by Marguerite Brathwaite. All Defendants. (Buchanan, Floyd) |
| Filing 5 SUMMONS ISSUED as to Southwest Medical Associates, Inc. re #1 Complaint. (EDS) |
| Filing 4 PROPOSED SUMMONS to be issued by Plaintiff Marguerite Brathwaite. (Buchanan, Floyd) |
| Filing 3 CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Elayna J. Youchah will be the evaluating judge in this case. (no image attached) (LOE) |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Nancy J. Koppe. (LOE) |
| Filing 2 CERTIFICATE of Interested Parties by Marguerite Brathwaite. There are no known interested parties other than those participating in the case (Buchanan, Floyd) |
| Filing 1 First COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-6895608) by Marguerite Brathwaite. Proof of service due by 8/4/2022. (Attachments: #1 Exhibit Rt. To Sue NTC, #2 Civil Cover Sheet) (Buchanan, Floyd) 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. |
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