United States District Court, D. Nevada
before the court is plaintiff Leslie Rice's
(“plaintiff”) motion to file an amended
complaint. (ECF No. 32). Defendant Clark County School
District (“CCSD”) filed a response (ECF No. 50),
to which plaintiff replied (ECF No. 56).
before the court is CCSD's motion for summary judgment.
(ECF No. 49). Plaintiff Leslie Rice filed a response (ECF No.
59), to which CCSD replied (ECF No. 62).
was employed as a school bus driver for CCSD. (ECF No. 1). In
March 2012, plaintiff drove a bus that was involved in an
accident resulting in a child fatality, for which CCSD later
determined he was not at fault. (ECF No. 1 at 4).
later, on June 30, 2015, plaintiff was deposed in a civil
case regarding the accident. (ECF No. 1 at 4). Thereafter,
Shannon Evans, CCSD's director, told plaintiff that he
(plaintiff) needed a workplace accommodation. (ECF No. 1 at
4). On August 21, 2015, Cedric Cole, CCSD's executive
manager of diversity and affirmative action programs and ADA
coordinator, determined that plaintiff was capable of
performing all essential functions of a school bus driver
without any accommodation. (ECF No. 1 at 4).
during a meeting on August 31, 2015, CCSD notified plaintiff
that he needed to undergo a psychological evaluation
scheduled for later that day, which plaintiff failed to
attend. (ECF No. 1 at 4-5). On October 2, 2015, CCSD's
psychiatrist, Dr. Brown, diagnosed plaintiff with
posttraumatic stress disorder and major depressive disorder
and concluded that these symptoms prevented him from
performing the essential tasks of a bus driver. (ECF No. 1 at
CCSD decided to transfer plaintiff to a position outside of
the transportation department, providing him with options for
other positions. (ECF No. 1 at 5). On October 27, 2015, Kim
Radich, CCSD's director of employee-management relations,
provided plaintiff with a list of current positions open, as
well as a list of positions for which plaintiff was
qualified. (ECF No. 1 at 6).
received his last paycheck in January 2016. (ECF No. 1 at 8).
By April 2016, plaintiff had exhausted all of his available
leave, including FMLA, sick days, and vacation days. (ECF No.
1 at 8). On April 6, 2016, CCSD approved plaintiff for
retirement. (ECF No. 1 at 8).
alleges that CCSD tried to demote him to janitor on December
7, 2015. (ECF No. 1 at 7). Plaintiff alleges that he
expressed interest in several positions, but CCSD never
followed up with him regarding those positions. (ECF No. 1 at
6-7). According to plaintiff, the only position CCSD offered
him was a position as janitor, which meant a $5.00 per hour
pay cut from his pay as a school bus driver. (ECF No. 1 at
7). Plaintiff alleges that CCSD essentially forced him into
retirement, as his options were either to take a pay cut or
to resign. (ECF No. 1 at 8).
19, 2016, plaintiff filed a complaint against CCSD alleging
fourteen causes of action. (ECF No. 1).
moved to dismiss claims 7 through 14 of plaintiff's
complaint pursuant to Federal Rule of Civil Procedure
12(b)(6). (ECF No. 7). The court granted the motion in part
and dismissed claims 7 through 13, and denied the motion in
part regarding claim 14. (ECF No. 21).
now moves to amend the complaint. (ECF No. 32). CCSD moves
for summary judgment. (ECF No. 49).
instant motion, plaintiff asserts that leave to file an
amended complaint should be granted so that plaintiff may
include additional claims related to the most recent acts of
discrimination and to bring additional claims that were
discovered through disclosures made by CCSD. (ECF No. 32). On
April 6, 2017, plaintiff received a notice of right to sue
from the EEOC in regards to a charge of discrimination filed
after his original complaint was filed on July 19, 2016.
Id. He had ninety (90) days from this date to file
suit. Id. On May 16, 2017, plaintiff timely filed
the instant motion to amend the ...