United States District Court, D. Nevada
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
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.
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.
OF POINTS & AUTHORITIES
RELEVANT PROCEDURAL HISTORY
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.
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.
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.
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.