Leavitt v. Nikolajewski et al
| James Dean Leavitt |
| Keri Nikolajewski, Sherry Olson, Patrick Carter, Cathy McAdoo, Bryon Brooks, Melody Rose, Joseph Reynolds, Crystal Abba, Carol Del Carlo, John Moran, Joseph Sunbury, James Martines and State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education |
| 2:2024cv00260 |
| February 6, 2024 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| Cristina D Silva |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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| Filing 21 STIPULATION FOR EXTENSION OF TIME (First Request) re #19 Motion to Dismiss by Plaintiff James Dean Leavitt. (Balaban, Michael) (extend) (sumjgm) |
Filing 20
ORDER setting Early Neutral Evaluation session. This matter has been referred to the undersigned magistrate judge to conduct an Early Neutral Evaluation. An Early Neutral Evaluation is, therefore, scheduled for June 7, 2024 at 10:00 a.m. via Zoom video conference. On May 31, 2024, parties and counsel must sendalong with their confidential written evaluation statement (see section IV) their preferred e-mail address for the Zoom invitation to judicial clerk Ashley Schobert at ashley_schobert@nvd.uscourts.gov. Parties and counsel should prepare to participate in the Early Neutral Evaluation for the entire business day unless Judge Weksler indicates otherwise. A pre-Evaluation telephonic conference is set for June 6, 2024 at 3:00 p.m. This telephonic conference is for Judge Weksler and counsel only. Counsel must call (877) 810-9415, access code 2365998, five minutes before the telephonic conference. Each partys written evaluation must be submitted electronically to judicial clerk Ashley Schobert at ashley_schobert@nvd.uscourts.gov by 4:00 p.m. on May 31, 2024. Signed by Magistrate Judge Brenda Weksler on 4/2/2024. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 19 MOTION to Dismiss by Defendants Bryon Brooks, Patrick Carter, Carol Del Carlo, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson. Responses due by 4/10/2024. (Attachments: #1 Exhibit Exhibit A)(King, Lynda) |
| Filing 18 Joint STATUS REPORT by Defendants Bryon Brooks, Patrick Carter, Carol Del Carlo, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury.. (King, Lynda) |
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Filing 17
ORDER - The Court STRIKES the notices at ECF Nos. 15 and 16. Signed by Magistrate Judge Nancy J. Koppe on 2/29/2024. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 16 STRICKEN ON 2/29/2024 PER ECF No. #17 ORDER. NOTICE OF ENTRY OFSTIPULATION AND ORDER TO EXTEND TIME TO FILE AN ANSWER OR OTHER RESPONSIVE PLEADING by Crystal Abba, Bryon Brooks, Patrick Carter, Carol Del Carlo, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Joseph Reynolds, Melody Rose, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury.. (King, Lynda) Modified on 2/29/2024 to strike (DLS). |
| Filing 15 STRICKEN ON 2/29/2024 PER ECF No. #17 ORDER. NOTICE OF ENTRY OF STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE by Crystal Abba, Bryon Brooks, Patrick Carter, Carol Del Carlo, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Joseph Reynolds, Melody Rose, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury.. (King, Lynda) Modified on 2/29/2024 to strike (DLS). |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/27/2024. Plaintiff James Dean Leavitt and defendants the State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Crystal Abba, Byron Brooks, Carol Del Carlo, Patrick Carter, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Joseph Reynolds, Melody Rose, and Joseph Sunbury stipulate to voluntarily dismiss from this action defendants Crystal Abba, James Martines, Joseph Reynolds, and Melody Rose. ECF No. #11 . Once a party files a notice of voluntary dismissal, no order of the court is necessary to effectuate dismissal. Case law concerning voluntary dismissals under Rule 41(a)(1)(A) is clear that the entry of such a dismissal is effective automatically and does not require judicial approval. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). "The plaintiff may dismiss some or all of the defendants, or some or all of his claims, through a Rule 41(a)(1) notice," and the dismissal" automatically terminates the action as to the defendants who are the subjects of the notice." Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Because the parties have filed a dismissal prior to the filing of an answer, defendants Crystal Abba, James Martines, Joseph Reynolds, and Melody Rose are dismissed with prejudice. The Clerk of Court is kindly instructed to terminate those defendants. (no image attached)(Copies have been distributed pursuant to the NEF - JLB) |
| Filing 13 STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DXS) |
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Filing 12
ORDER Granting #10 Stipulation for Extension of Time. Defendants, Board of Regents of the Nevada System of Higher Education, Byron Brooks, Carol Del Carlo, Patrick Carter, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, and Joseph Sunbury answer due 3/27/2024. Signed by Magistrate Judge Nancy J. Koppe on 2/26/2024. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 11 STIPULATION FOR DISMISSAL With Prejudice Pursuant to Rule 41(a)(1)(A)(ii) of Defendants Crystal Abba, James Martines, Joseph Reynolds and Melody Rose by Defendants Crystal Abba, Bryon Brooks, Patrick Carter, Carol Del Carlo, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Joseph Reynolds, Melody Rose, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury. (King, Lynda) (dismissal) |
| Filing 10 STIPULATION FOR EXTENSION OF TIME (First Request) for Defendants to File An Answer or Other Responsive Pleading by Defendants Crystal Abba, Bryon Brooks, Patrick Carter, Carol Del Carlo, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Joseph Reynolds, Melody Rose, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury. (King, Lynda) (extend) (answer) |
| Filing 9 CERTIFICATE of Interested Parties by James Dean Leavitt. There are no known interested parties other than those participating in the case. (Balaban, Michael) |
| Filing 8 STATEMENT REGARDING REMOVAL by Defendants Crystal Abba, Bryon Brooks, Patrick Carter, Carol Del Carlo, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Joseph Reynolds, Melody Rose, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury.. (Attachments: #1 Exhibit A)(King, Lynda) |
| Filing 7 ERRATA to #6 Joinder by Defendant Joseph Reynolds.. (King, Lynda) |
| Filing 6 JOINDER to #1 Petition for Removal,,, by Defendant Joseph Reynolds.. (King, Lynda) |
| Filing 5 CERTIFICATE OF SERVICE for #3 Minute Order Removal Case, by Defendants Crystal Abba, Bryon Brooks, Patrick Carter, Carol Del Carlo, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Melody Rose, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury.. (Attachments: #1 Exhibit Minutes of the Court filed February 7, 2024)(King, Lynda) |
| Filing 4 CERTIFICATE of Interested Parties by Crystal Abba, Bryon Brooks, Patrick Carter, Carol Del Carlo, James Martines, Cathy McAdoo, John Moran, Keri Nikolajewski, Sherry Olson, Melody Rose, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Joseph Sunbury that identifies all parties that have an interest in the outcome of this case.. (King, Lynda) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/7/2024. Statement regarding removed action is due by 2/22/2024. Joint Status Report regarding removed action is due by 3/8/2024. (Copies have been distributed pursuant to the NEF - CAH) |
| Filing 2 CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Brenda Weksler will be the evaluating judge in this case. (CAH) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Nancy J. Koppe. (CAH) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-23-881329-C, (Filing fee $ 405 receipt number BNVDC-7578771) by Bryon Brooks, Keri Nikolajewski, Patrick Carter, State of Nevada ex rel. Board of Regents of the Nevada System of Higher Education, Cathy McAdoo, John Moran, Joseph Sunbury, Carol Del Carlo, James Martines, Melody Rose, Crystal Abba, Sherry Olson. Certificate of Interested Parties due by 2/16/2024. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet) (King, Lynda) 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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