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Giancontieri v. State ex rel. Division of Health Care Finance & Policy

United States District Court, D. Nevada

February 24, 2018

SYLVIA GIANCONTIERI & VICTORIO JIMENEZ, Plaintiff,
v.
STATE OF NEVADA, ex. rel. Division of Health Care Finance & Policy, and DOE Defendants I-X, Defendants.

          ADAM PAUL LAXALT, GABRIEL D. LITHER, MERCEDES S. MENENDEZ Attorneys for State of Nevada, ex. rel. Division of Healthcare Finance & Policy

          MERCEDES S. MENENDEZ Deputy Attorney General Attorneys for Defendants Sean Bloomfield, Cheryl Burson, Julio Calderin, Loren Chapulin, Brian Connett, Francis Dreesen, Rene Galvan, Ron Jaeger, Jimmy Jones, Ryan Klein, Joseph Lewis, Douglas Orr, and Vincent Rabourn

          DEFENDANT'S MOTION TO RESET EARLY NEUTRAL EVALUATION DATE

         Defendant, State of Nevada ex rel. Division of Health Care Financing & Policy, (hereinafter the "Division") through its counsel, Adam Paul Laxalt, Attorney General, Gabriel D. Lither, Senior Deputy Attorney General, and Mercedes S. Menendez, Deputy Attorney General, hereby submits this Motion to Continue the Early Neutral Evaluation Date, presently set for March 21, 2018.

         This Motion to made and based upon the Memorandum of Points & Authorities set forth below, the Declaration of Mercedes S. Menendez, Esq., and any oral argument allowed by the Court should this matter be set for hearing.

         MEMORANDUM OF POINTS & AUTHORITIES

         I. RELEVANT PROCEDURAL HISTORY

         This is a Title VII action involving two Plaintiffs, Sylvia Giancontieri and Victorio Jimenez. On The Early Neutral Evaluation ("ENE") is presently set for March 21, 2018 at 1:30 p.m. The parties were provided several dates by the Court's clerk and the March 21, 2018 date was scheduled. (See Declaration of Mercedes S. Menendez, attached hereto as Exhibit "A."). Unfortunately, the Torts Claim Manager for the State of Nevada Office of the Attorney General is unable to attend as she has another ENE scheduled in Las Vegas that same day. The only other available date for the Plaintiffs is March 22, 2018.

         The undersigned has been in contact with Plaintiffs' counsel's office and they are available March 22, 2018, one possible date provided by the Court. Plaintiffs' counsel is in agreement to continue the ENE one day. Id. In light of the foregoing, Defendants respectfully request the ENE be rescheduled for March 22, 2018 at 1:30 p.m. or another mutually available date.

         II. LEGAL DISCUSSION

         LR 6-1 provides in relevant part:

(a) Every motion requesting a continuance, extension of time, or order shortening time shall be "Filed" by the Clerk and processed as an expedited matter. Ex parte motions and stipulations shall be governed by LR 6-2.
(b) Every motion or stipulation to extend time shall inform the Court of any previous extensions granted and state the reasons for the extension requested.

         Good cause exists for a brief continuance for the ENE. As stated above, due to scheduling conflicts, a new date is required for the Defendants. There was some delay in filing the Motion at bar because the undersigned was out of the office for medical reasons and was looking at possible substitutions in order to accommodate the original March 21, 2018 date. Furthermore, Plaintiffs will not be prejudiced by a short one day continuance of the ENE, should the Court be available.

         III. ...


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