Thomas v. DeJoy (2:23-cv-00397), Nevada District Court

Thomas v. DeJoy

Nevada District Court
Judge:	Miranda M Du
Referred:	Elayna J Youchah
Case #:	2:23-cv-00397
Nature of Suit	442 Civil Rights - Employment
Cause	42:2000 Job Discrimination (Race)

Case Filed:

Mar 13, 2023

Docket
Parties (2)

Last checked: Saturday Sep 09, 2023 3:19 AM PDT

Defendant Louis DeJoy	Represented By Virginia Tomova Doj-Usao contact info
Plaintiff Estell L. Thomas P.O. Box 270247 Las Vegas, NV 89127

Docket last updated: 5 hours ago

Tuesday, February 27, 2024
44		44 misc Errata Wed 02/28 11:54 AM ERRATA to43 Reply by Plaintiff Estell L. Thomas. (RJDG) Related: [-]
Monday, February 26, 2024
43		43 respm Reply Mon 02/26 5:16 PM REPLY to42 Response to39 Renewed Motion for Judgment by Plaintiff Estell L. Thomas. (ALZ) Related: [-]
Tuesday, February 20, 2024
42		42 respm Response Tue 02/20 1:30 PM RESPONSE to39 Motion for Judgment by Defendant Louis DeJoy. Replies due by 2/27/2024. (Tomova, Virginia) Related: [-]
Wednesday, January 31, 2024
40		40 motion Motion Extend/Shorten Time Wed 01/31 11:00 AM MOTION to Extend Time (First Request) to File a Response to Plaintiffs Renewed Motion for Judgment on the Pleadings re39 Motion for Judgment by Defendant Louis DeJoy. Responses due by 2/14/2024.(Tomova, Virginia) (sumjgm) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
		minord Minute Order Order on Motion to Extend/Shorten Time Wed 01/31 4:02 PM MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 1/31/2024. Good cause appearing, Defendant's motion to extend time (ECF No.40 ) to file a response to Plaintiff's motion for judgment (ECF No.39 ) is granted. Responses due by 2/20/2024. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Related: [-]
Saturday, January 20, 2024
39		39 motion Motion Judgment Mon 01/22 2:53 PM RENEWED MOTION for Judgment by Plaintiff Estell L. Thomas. Responses due by 2/3/2024. (ALZ) Related: [-]
Wednesday, January 10, 2024
		minord Minute Order Order on Motion for Judgment Wed 01/10 3:54 PM MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 1/10/2024. The Court denies Plaintiffs countermotion for judgment on the pleadings. (ECF No.23 (Motion)). Plaintiff filed her Motion in response to Defendant's request for extension of time, and before Defendant has responded to the complaint, to argue that Defendant's anticipated affirmative defense of failure to exhaust administrative remedies lacks merit. ( Id. at 6.) Defendant correctly points out in response (ECF No.22 at 2) that a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) may be available after the pleadings are closed but Plaintiff filed her Motion before Defendant responded to the complaint. (Copies have been distributed pursuant to the NEF - GIVM) Related: [-]
Tuesday, October 03, 2023
37		37 respm Reply Tue 10/03 6:05 PM REPLY to26 Motion to Dismiss by Defendant Louis DeJoy. (Tomova, Virginia) Related: [-]
Monday, September 25, 2023
		minord Minute Order Order on Motion to Extend/Shorten Time Mon 09/25 4:39 PM MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/25/2023. ORDER granting34 Motion to Extend Time to reply to ECF No.26 Motion to Dismiss Replies due by 10/3/2023. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Related: [-]
Saturday, September 23, 2023
36		36 respm Response Tue 09/26 10:32 AM RESPONSE to34 Motion to Extend Time re26 Motion to Dismiss by Plaintiff Estell L. Thomas.(ALZ) Related: [-]
		Att: 1 Attachment
Friday, September 22, 2023
34		34 motion Motion Extend/Shorten Time Fri 09/22 4:51 PM MOTION to Extend Time (First Request) to File a Reply in Support of Motion to Dismiss Plaintiffs Complaint re26 Motion to Dismiss by Defendant Louis DeJoy. Responses due by 10/6/2023.(Tomova, Virginia) (sumjgm) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
Thursday, September 21, 2023
33		33 1 pgs order Order on Motion to Stay Case Fri 09/22 11:31 AM ORDER Granting27 Motion to Stay Discovery. IT IS FURTHER ORDERED that the parties must file a status report no later than fourteen (14) days after the Court issues its decision on the pending Motion to Dismiss. Signed by Magistrate Judge Elayna J. Youchah on 9/21/2023. (Copies have been distributed pursuant to the NEF - JQC) Related: [-]
Wednesday, September 20, 2023
32		32 respm Response Thu 09/21 11:04 AM RESPONSE to27 Motion to Stay Case or Discovery by Plaintiff Estell L. Thomas. Replies due by 9/27/2023. (ALZ) Related: [-]
Tuesday, September 19, 2023
31		31 misc Errata Thu 09/21 10:46 AM ERRATA30 Response to26 Motion to Dismiss by Plaintiff Estell L. Thomas. (ALZ) Related: [-]
Sunday, September 17, 2023
30		30 respm Response Tue 09/19 11:19 AM RESPONSE to26 Motion to Dismiss by Plaintiff Estell L. Thomas. Replies due by 9/24/2023.(ALZ) Related: [-]
		Att: 1 Attachment
Friday, September 08, 2023
29		29 order Minute Order Klingele Fri 09/08 8:33 AM MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/8/2023. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to26 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - ALZ) Related: [-]
Thursday, September 07, 2023
28		28 order Minute Order Klingele Thu 09/07 7:44 AM MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/7/2023. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No.26 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - DRM) Related: [-]
Wednesday, September 06, 2023
27		27 motion Motion Stay Case or Discovery Wed 09/06 4:30 PM MOTION to Stay Discovery by Defendant Louis DeJoy. Responses due by 9/20/2023. (Tomova, Virginia) Related: [-]
26		26 motion Motion Dismiss Wed 09/06 4:12 PM MOTION to Dismiss by Defendant Louis DeJoy. Responses due by 9/20/2023.(Tomova, Virginia) Related: [-]
		Att: 1 Exhibit Exhibit A Complainant's Statement
Wednesday, August 23, 2023
25		25 2 pgs order Order on Motion to Extend/Shorten Time Thu 08/24 10:04 AM ORDER - IT IS HEREBY ORDERED that Federal Defendant's Motion to Extend Time to File a Response to Plaintiff's Complaint (ECF No.19 ) is DENIED . IT IS FURTHER ORDERED that Defendant must file a pleading responsive to Plaintiff's Complaint no later than September 6, 2023 . Signed by Magistrate Judge Elayna J. Youchah on 8/23/2023. (Copies have been distributed pursuant to the NEF - DLS) Related: [-]
Tuesday, August 22, 2023
24		24 respm Reply Wed 08/23 11:31 AM REPLY to Response to23 COUNTERMOTION for Judgment on the Pleadings by Plaintiff Estell L. Thomas. (ALZ) Related: [-]
Monday, August 21, 2023
22		22 respm Response Mon 08/21 4:26 PM RESPONSE to20 Response by Defendant Louis DeJoy. (Tomova, Virginia) Related: [-]
Tuesday, August 15, 2023
21		21 misc Consent for Electronic Service of Documents Wed 08/16 8:56 AM Consent for Electronic Service of Documents by Plaintiff Estell L. Thomas. (ALZ) Related: [-]
Monday, August 07, 2023
20		20 respm Response Tue 08/08 4:06 PM RESPONSE to19 Motion to Extend/Shorten Time, by Plaintiff Estell L. Thomas. Replies due by 8/14/2023.(ALZ) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D
Wednesday, August 02, 2023
19		19 motion Motion Extend/Shorten Time Wed 08/02 4:05 PM MOTION to Extend Time (Third Request) to File a Response to Plaintiffs Complaint re 17 Order on Motion to Extend/Shorten Time,,,,,,,, Minute Order,,,,,,, by Defendant Louis DeJoy. Responses due by 8/16/2023. (Tomova, Virginia) (answer) Related: [-]
Friday, July 28, 2023
18		18 cmp Complaint Mon 07/31 8:35 AM ERRATA to1 COMPLAINT against Louis DeJoy by Estell L. Thomas. Certificate of Interested Parties due by 8/7/2023. Proof of service due by 10/26/2023. (ALZ) Modified document type and created link on 7/31/2023 - NEF regenerated (CJS) Related: [-]
Friday, July 21, 2023
		minord Minute Order Order on Motion to Extend/Shorten Time Fri 07/21 2:13 PM MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/21/2023. By Judicial Assistant: E. Santiago. Pending before the Court is Federal Defendant's Motion to Extend Time to File a Response to Plaintiffs Complaint. ECF No. 16 . Defendant explains that Plaintiff's administrative claim remains pending before the Equal Employment Opportunity Office of Federal Operation and a response before that claim is adjudicated deprives Defendant of potential resolution of Plaintiff's claims on the administrative level. Plaintiff did not definitively object to the requested extension, but said it was unlikely Plaintiff would agree. The Court finds the efforts to resolve this simple and ordinary request was not fully considered before motion practice was commenced. The parties must meet and confer either through a telephone call or videoconference to discuss a potential compromise of Defendant's request, which is not unsound, but may present an initial extension greater than Plaintiff is ready to presently consider. Accordingly, and for this reason only, IT IS HEREBY ORDERED that Federal Defendant's Motion to Extend Time to File a Response to Plaintiff's Complaint (ECF No. 16 ) is DENIED without prejudice. IT IS FURTHER ORDERED that the parties must meet and confer no later than August 2, 2023 to discuss whether a compromise or resolution of Defendants request can reasonably be reached. If no resolution is reached, Defendant may refile its Motion no later than August 9, 2023 . Plaintiff's response will be due August 23, 2023 and must explain why an additional extension of time, given the outcome of her administrative claim remains pending, is prejudicial. No reply is to be filed without leave of court to do so. (no image attached) (Copies have been distributed pursuant to the NEF - ES) Related: [-]
Tuesday, July 18, 2023
16		16 motion Motion Extend/Shorten Time Tue 07/18 3:01 PM MOTION to Extend Time (Second Request) to File a Response to Plaintiffs Complaint re1 Complaint by Defendant Louis DeJoy. Responses due by 8/1/2023.(Tomova, Virginia) (answer) Related: [-]
		Att: 1 Exhibit A
Tuesday, June 20, 2023
		minutes Motion Hearing Order on Motion for Miscellaneous Relief Tue 06/20 3:44 PM MINUTES OF PROCEEDINGS - Motion Hearing held via video conference on 6/20/2023 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro ; Pla Counsel: Estell L. Thomas, Pro Se ; Def Counsel: Virginia Tomova ; Recording start and end times: 2:14 - 2:23 PM ; Courtroom: 3D ; The Court makes preliminary remarks and hears representations of parties. IT IS ORDERED that 11 Motion for Exception from Attendance Requirements is DENIED as MOOT. IT IS FURTHER ORDERED that 12 Motion to Reschedule ENE is GRATNED in PART. The ENE scheduled for June 30, 2023 at 10:00 am is VACATED. (Copies have been distributed pursuant to the NEF - TR) Related: [-]
Thursday, June 15, 2023
14		14 2 pgs order Order Fri 06/16 1:01 PM ORDER - IT IS ORDERED that the motion to reschedule Early Neutral Evaluation (ECF No.12 ) is added to the video conference hearing scheduled for 2:00 PM, June 20, 2023. IT IS FURTHER ORDERED that counsel/the parties must email the Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, June 16, 2023 . The Clerk of Court is directed to call Estell L. Thomas (702-415-4919) to alert him of this order and to ask him for an email address so this order can be emailed to him. (Emailed to rnvgreen@aol.com on 6/16/2023). Please see order for additional specifics. Signed by Magistrate Judge Cam Ferenbach on 6/15/2023. (Copies have been distributed pursuant to the NEF - DLS) Related: [-]
Wednesday, June 14, 2023
13		13 2 pgs order Order on Motion for Miscellaneous Relief Order Setting Early Neutral Evaluation Session Thu 06/15 8:53 AM ORDER setting motions hearing re11 MOTION for Exception from Attendance Requirements for Early Neutral Evaluation. Motion hearing is set for 06/20/2023 at 2PM via Video Conference. IT IS FURTHER ORDERED that counsel/the parties must email the Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, June 16, 2023. IT IS ORDERED that the following Video Conference Instructions be adhered to as follows: INSTRUCTIONS FOR VIDEO CONFERENCE HEARING Instructions to the scheduled hearings will be sent via email thirty (30) minutes prior to the hearing to the participants email provided to the Court. The Clerk of Court is directed to call Estell L. Thomas to alert him of this order and to ask him for an email address so this order can be emailed to him. Signed by Magistrate Judge Cam Ferenbach on 6/14/2023. (Copies have been distributed pursuant to the NEF - Plaintiff contacted. Order e-mailed to Plaintiff. ALZ) Modified to correct event on 6/15/2023 and NEF Regenerated. (ALZ) Related: [-]
12		12 motion Motion Miscellaneous Relief Wed 06/14 5:05 PM MOTION to Reschedule Early Neutral Evaluation re10 Order Setting Early Neutral Evaluation Session,, by Defendant Louis DeJoy. Responses due by 6/28/2023. (Tomova, Virginia) (misc) (settlement) Related: [-]
11		11 motion Motion Miscellaneous Relief Wed 06/14 2:04 PM MOTION for Exception from Attendance Requirements for Early Neutral Evaluation re10 Order Setting Early Neutral Evaluation Session,, by Defendant Louis DeJoy. Responses due by 6/28/2023. (Tomova, Virginia) (misc) (settlement) Related: [-]
Wednesday, May 24, 2023
10		10 3 pgs order Order Setting Early Neutral Evaluation Session Wed 05/24 3:18 PM ORDER Scheduling Early Neutral Evaluation Session : Early Neutral Evaluation set for 6/30/2023 at 10:00 AM in before Magistrate Judge Cam Ferenbach by video conference. Written evaluation statements to be emailed to chambers not later than 4:00 p.m., June 23, 2023 . DO NOT FILE. DO NOT MAIL THEM TO THE CLERK'S OFFICE. DO NOT SERVE A COPY ON OPPOSING COUNSEL. Signed by Magistrate Judge Cam Ferenbach on 5/24/2023. (Copies have been distributed pursuant to the NEF - DRM) Related: [-]
Friday, May 19, 2023
9		9 2 pgs order Order on Stipulation Mon 05/22 8:08 AM ORDER granting ECF No.8 Stipulation : Answer/response to Complaint due 7/21/2023 . Signed by Magistrate Judge Elayna J. Youchah on 5/19/2023. (Copies have been distributed pursuant to the NEF - DRM) Related: [-]
8		8 motion Stipulation Fri 05/19 2:12 PM STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Louis DeJoy. (Tomova, Virginia) (extend) (answer) Related: [-]
Tuesday, March 21, 2023
7		7 misc Certificate Interested Parties Tue 03/21 4:18 PM CERTIFICATE of Interested Parties by Estell L. Thomas that identifies all parties that have an interest in the outcome of this case. (CJS) Related: [-]
6		6 service Summons Returned Executed as to USA Tue 03/21 4:13 PM SUMMONS Returned Executed by Estell L. Thomas re ECF Nos.3 Summons Issued as to USA,1 Complaint. Louis DeJoy served on 3/21/2023. (CJS) Related: [-]
Tuesday, March 14, 2023
4		4 notice Advisory Letter Pro Se non-habeas Tue 03/14 8:45 AM ADVISORY LETTER to litigant. (CJS) Related: [-]
3		3 service Summons Issued as to USA Tue 03/14 8:43 AM SUMMONS ISSUED as to Louis DeJoy, U.S. Attorney and U.S. Attorney General re1 Complaint. (CJS) Related: [-]
		notice ENE Notice Tue 03/14 12:05 PM CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Cam Ferenbach will be the evaluating judge in this case. (no image attached) (TRW) Related: [-]
Monday, March 13, 2023
2		2 misc Receipt Payment Tue 03/14 8:40 AM RECEIPT of Payment: $ 402.00, receipt number 2-3108 (Civil Filing Fee) (CJS) Related: [-]
1		1 cmp Complaint Tue 03/14 8:39 AM COMPLAINT against Louis DeJoy (Filing fee $402 - R 2-3108 by Estell L. Thomas. Certificate of Interested Parties due by 3/23/2023. Proof of service due by 6/11/2023. (CJS) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Summons

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