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Rice v. Clark County School District

United States District Court, D. Nevada

March 26, 2018

LESLIE RICE, Plaintiffs,
v.
CLARK COUNTY SCHOOL DISTRICT, Defendants.

          ORDER

         Presently 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).

         Also 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).

         I. Facts

         Plaintiff 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).

         Years 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).

         Subsequently, 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 5).

         Thereafter, 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).

         Plaintiff 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).

         Plaintiff 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).

         On July 19, 2016, plaintiff filed a complaint against CCSD alleging fourteen causes of action. (ECF No. 1).

         CCSD 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).

         Plaintiff now moves to amend the complaint. (ECF No. 32). CCSD moves for summary judgment. (ECF No. 49).

         II. Discussion

         In the 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 ...


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