Burwell v. Valley Health Systems LLC et al
| Teresa Renita Burwell |
| Spring Valley Hospital Medical Center, Marjorie Schmidt, Rayshawn Lucas, Valley Health Systems LLC, Angeline Ford and Sherry Crosby |
| 2:2024cv02059 |
| November 4, 2024 |
| U.S. District Court for the District of Nevada |
| Richard F Boulware |
| Brenda Weksler |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 OBJECTION to #7 Report and Recommendation by Plaintiff Teresa Renita Burwell. Response to Objections to R&R due by 1/2/2025. (AMMi) |
| Filing 9 SUMMONS ISSUED as to Spring Valley Hospital Medical Center. (Per #7 Order and Report and Recommendation, copy of #7 Order, summons issued, and #1 -1 operative complaint emailed to USM. RJDG) |
| Filing 8 COMPLAINT against Angeline Ford, Sherry Crosby, Rayshawn Lucas, Marjorie Schmidt, Spring Valley Hospital Medical Center, Valley Health Systems LLC by Teresa Renita Burwell. (Filed per #7 Order and Report and Recommendation. RJDG) |
Filing 7
ORDER. IT IS THEREFORE ORDERED that Plaintiff's motion to proceed in forma pauperis (ECF No. #1 ) is GRANTED. Plaintiff will not be required to pay the filing fee in this action. Plaintiff is permitted to maintain this action to conclusion without the necessity of prepayment of any additional fees or costs or the giving of a security for fees or costs. IT IS FURTHER ORDERED that the Clerk of Court must file Plaintiff's complaint (ECF No. #1 -1). IT IS FURTHER ORDERED that Plaintiff's claim for Failure to Provide Reasonable Accommodations under the ADA survives screening. IT IS FURTHER ORDERED that the following claims are dismissed with leave to amend: ADA Retaliation, FLSA Violations, and Hostile Work Environment. If Plaintiff chooses to amend her complaint, she must do so by January 6, 2025. IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff one blank copy of form USM-285. IT IS FURTHER ORDERED that Plaintiff shall have until January 6, 2025, to fill out and mail the required USM-285 forms to the United States Marshal. On the form, Plaintiff must fill in defendant's last-known addresses so that the defendant may be served. IT IS FURTHER ORDERED that the Clerk of Court is directed to issue summonses to defendant. IT IS FURTHER ORDERED that the Clerk of Court serve a copy of this order, the issued summons, the USM-285 forms, and the operative complaint (ECF No. #1 -1) on the U.S. Marshals Service for purposes of effecting service. REPORT AND RECOMMENDATION. IT IS RECOMMENDED that the following claims be dismissed with prejudice: Public Policy Violation and Violation under the Fear Act. IT IS FURTHER RECOMMENDED that the wrongful termination claim be dismissed without leave to amend as duplicative. Objections to R&R due by 12/19/2024. Amended Complaint deadline: 1/6/2025. Clerk status check on 1/6/2025. Signed by Magistrate Judge Brenda Weksler on 12/5/2024. (Attachments: #1 USM-285)(Copies have been distributed pursuant to the NEF - RJDG)
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| Filing 6 NOTICE of Intent to Not Participate in Arbitration by Teresa Renita Burwell. (Appears to be a duplicate of #5 Notice. RJDG) |
| Filing 5 NOTICE of Intent to Not Participate in Arbitration by Teresa Renita Burwell. (RJDG) |
| Filing 4 CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Nancy J. Koppe will be the evaluating judge in this case. No ENE will be conducted in cases subject to arbitration. Parties to cases subject to mandatory arbitration, as well as parties who agree to arbitrate, must notify the Court of the same no later than 14 days after the date of this Notice. Failure to do so may result in sanctions. (CAH) |
| Filing 3 ADVISORY LETTER to litigant. (CAH) |
| Filing 2 Consent for Electronic Service of Documents by Plaintiff Teresa Renita Burwell. (CAH) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Teresa Renita Burwell. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(CAH) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. (CAH) |
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