212 results for 'court:"USDC Nevada"'.
J. Hicks grants the county’s motion to remand. The county began this land ownership dispute involving a spring water system in state court. The water system was deeded by the Southern Pacific Railroad to the city of Monticello, and the county maintained and operated it since 1977. A recent landowner, upon whose land the water system comprised an easement for the county, cut locks from and altered water collection boxes, allowing the water to flow onto the owner’s land. The owner has failed to establish the amount in controversy threshold for federal diversity jurisdiction. Removal is not authorized.
Court: USDC Nevada, Judge: Hicks, Filed On: December 12, 2023, Case #: 3:23cv420, NOS: All Other Real Property - Real Property, Categories: Property, Water, Jurisdiction
J. Silva grants the computer hackers conference host's motion to transfer venue in a computer security company's defamation case. Though potential witnesses reside in Nevada, neither party identifies a necessary witness whose availability could hinge on the choice of venue; therefore, convenience favors transfer.
Court: USDC Nevada, Judge: Silva , Filed On: December 12, 2023, Case #: 2:23cv1345, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Venue, Technology
J. Jones grants the gentleman's club's motion to compel arbitration on dancers' wage claims. Certain dancers were added to this collective action more than 4 years after the case was initiated and the owners say they signed arbitration agreements that preclude federal courts from adjudicating their claims. Claims brought under the Fair Labor Standards Act are encompassed by the agreement.
Court: USDC Nevada, Judge: Jones , Filed On: December 11, 2023, Case #: 3:19cv598, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Labor
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J. Du grants the electronic gaming manufacturer's motion for summary judgment in this patent infringement suit. The gaming company is accused of infringing upon the technology company's patent for a gaming display assembly for sophisticated card tables with digital displays that provide players with game information. The accused product was in public use before the priority date of the asserted patent and there is no genuine dispute as to this material fact.
Court: USDC Nevada, Judge: Du , Filed On: December 7, 2023, Case #: 2:22cv923, NOS: Patent - Property Rights, Categories: Evidence, Patent, Technology
J. Albregts grants the distributor's motion to stay discovery. The electroplating company claiming trademark infringement was purchased by various entities through receivership and the parties dispute whether the company's trademarked name could be used for other purposes after the distributor changed the company name. The distributor has demonstrated good cause to stay discovery since the case is related to other, pending litigation that may alter the scope of the discovery at issue.
Court: USDC Nevada, Judge: Albregts , Filed On: November 27, 2023, Case #: 2:23cv647, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Jones grants the state's motion for attorney fees and costs in a case where a party to an ongoing divorce proceeding and her non-attorney "ADA advocate" sent a letter to the court clerk and judge alleging the court is knowingly and willfully denying equal access under the Americans with Disabilities Act. The parties were informed several times in writing and at hearing that the requests were improperly made, including improper, ex-parte communication with the judge. There is no legal basis for the case to proceed, and sanctions are appropriate.
Court: USDC Nevada, Judge: Jones , Filed On: November 22, 2023, Case #: 3:23cv324, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Ada / Rehabilitation Act, Sanctions
J. Du denies the leasing company who says it holds a lien against the disputed property. The original owner completed an affidavit disclaiming debts, liens, or other claims before the sale closed with the purchaser for over $500,000. The purchaser has stated a plausible claim for declaratory relief on the basis that as a third-party it did not have notice of the lien, qualifying as a bona fide purchaser for value.
Court: USDC Nevada, Judge: Du, Filed On: November 17, 2023, Case #: 3:23cv176, NOS: All Other Real Property - Real Property, Categories: Property, Contract
J. Youchah grants the voltmeter manufacturer's motion to strike Innova's "new art reference" affirmative defense in this patent infringement suit. The defense could have been asserted in Innova’s answer to the original complaint or in the invalidity contentions, as this particular defense has been available since the beginning of the ongoing case and Innova has been aware of its option to challenge the eligibility of the manufacturer's product for patent protection.
Court: USDC Nevada, Judge: Youchah , Filed On: November 14, 2023, Case #: 2:21cv332, NOS: Patent - Property Rights, Categories: Evidence, Patent, Due Process
J. Du grants the government’s motion to dismiss this suit brought by the Indian Tribes seeking to block construction of a lithium mine near Thacker Pass, Nevada. The tribes say that a certain clause in the plan of operations shows that the Bureau of Land Management authorized violations by not terminating the mining company’s prior permits when its record of decision was issued, which is not plausible. Without any violation of the plan, the land management claim is implausible, though the tribes are granted leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: November 9, 2023, Case #: 3:23cv70, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Government, Native Americans
J. Navarro dismisses this racial discrimination suit brought by the former Domino’s employee. After Domino’s motion to compel was granted due to the employee’s failure to respond, the court granted his motion to reconsider when he explained that the website used for filings (PACER) did not provide a response deadline. An included screenshot was shown to have been falsified. The employee has repeatedly submitted falsified evidence and offered misrepresentations when asked to explain.
Court: USDC Nevada, Judge: Navarro, Filed On: November 9, 2023, Case #: 2:22cv784, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Employment Discrimination
J. Silva grants the city’s motion to amend the pretrial order in this employment discrimination suit to identify witnesses presented as those most knowledgeable. The employee has been on notice that a “person most knowledgeable” would be called by the city, and the proposed testimony will not be unexpected. The employee has also named one of the witnesses on the city’s witness list, which further demonstrates a lack of prejudice. There is no evidence that the city seeks to amend in bad faith.
Court: USDC Nevada, Judge: Silva, Filed On: November 3, 2023, Case #: 2:21cv198, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Discovery, Employment Discrimination
J. Hicks grants the mining company’s motion for summary judgment in this suit brought by the former employee on his claims for discrimination, failure to accommodate and wrongful termination. The employee was beset with numerous health issues requiring many surgeries, and was terminated after accommodations were made and after exhausting administrative remedies. His applications for, statements on, and awards of disability benefits conflict with his Americans with Disabilities Act claims. The employee stated that he could do his job with accommodations while applying for extended total disability benefits, which negates the claim.
Court: USDC Nevada, Judge: Hicks, Filed On: November 3, 2023, Case #: 3:21cv126, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Gordon grants the debt collector’s motion to dismiss this suit alleging violations of the Fair Debt Collection Practices Act. The debtor claims that the collector’s undated letter, which caused her to question its legitimacy, violated debt validation notice requirements, was harassing, misleading and unconscionable. The collector is protected by a Consumer Financial Protection Board regulatory safe harbor because it used a board model letter. The debtor has not alleged that information in the letter was inaccurate and has not plausibly alleged any violations of the Act.
Court: USDC Nevada, Judge: Gordon, Filed On: October 31, 2023, Case #: 2:22cv2150, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Navarro grants the stock transfer agent’s motion to deposit funds after the stockholder filed suit alleging its and the tech company’s failure to register and transfer his shares of stock. The stockholder would have received $187,500 for shares but for the agent’s refusal to register and transfer the shares. The court awarded the stockholder damages accounting for the loss at which he sold his shares during the lawsuit as the agent distributed them. The award does not remedy the period in which the stockholder was deprived the use and value of the stock’s money, and the tech company is equally liable.
Court: USDC Nevada, Judge: Navarro, Filed On: October 25, 2023, Case #: 2:21cv2040, NOS: Stockholders’ Suits - Contract, Categories: Securities, Damages, Business Expectancy
J. Navarro grants the electronic multimeter manufacturer’s motion for a preliminary injunction during this patent infringement litigation. The functionality, input signal, and processes and types of measurement of the allegedly infringing product display similar characteristics satisfying requirements of a likelihood of success on the merits and the prospect of irreparable harm to the patent owner. The granting of the injunction would not adversely affect the public interest.
Court: USDC Nevada, Judge: Navarro, Filed On: October 25, 2023, Case #: 2:21cv332, NOS: Patent - Property Rights, Categories: Evidence, Patent, Technology
J. Du grants MGM’s motion to dismiss this class action alleging that various hotel operators on the Las Vegas strip unlawfully restrained trade by artificially inflating the price of hotel rooms using a single pricing software. The complaint has many pleading deficiencies. Factual allegations that could plausibly allege an agreement between the operators are not included. It is unclear whether all operators use the same pricing algorithm, though the class alleges this. The class will have opportunity to amend within 30 days.
Court: USDC Nevada, Judge: Du, Filed On: October 24, 2023, Case #: 2:23cv140, NOS: Antitrust - Other Suits, Categories: Antitrust, Trade, Class Action
J. Gordon grants Hilton’s motion to dismiss this suit alleging disability discrimination, harassment and retaliation brought by the former employee. Claims focus mostly on conduct by police, who the employee says have harassed and stalked her at Hilton’s direction. The allegations are conclusory and do not plausibly allege extreme and outrageous conduct or severe emotional distress.
Court: USDC Nevada, Judge: Gordon, Filed On: October 23, 2023, Case #: 2:23cv988, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Emotional Distress, Employment Discrimination, Employment Retaliation
J. Silva grants the Nevada secretary of state’s motion to dismiss this suit alleging that Nevada’s Election Worker’s Protection Act violates the U.S. and Nevada Constitutions. Certain poll workers say that the Act may subject workers to criminal liability for making legitimate challenges. The workers fail to articulate an objective, concrete threat of future harm in their possible discouragement from poll work. There are no allegations that the workers filing suit will not participate in future elections.
Court: USDC Nevada, Judge: Silva, Filed On: October 20, 2023, Case #: 2:23cv1009, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Elections, Tort
J. Silva denies the environmental advocacy group’s motion for a preliminary injunction to halt a watershed restoration project, arguing that the environmental assessment violates the Administrative Procedure Act and environmental and land management policies. The Bureau of Land Management has found that delaying the project will allow the establishment of invasive trees to continue, reducing indigenous sagebrush. This will reduce usable habitat for the greater sage-grouse and other species. Interference with the ability of visitors to enjoy the woodlands does not weigh as substantially as other matters.
Court: USDC Nevada, Judge: Silva, Filed On: October 18, 2023, Case #: 2:23cv435, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Evidence, Agency
J. Mahan grants the brothel’s motion for summary judgment in this putative class action arising from alleged failure to pay overtime, wait time penalties, unpaid breaks, hostile work environment, discrimination, constructive discharge and interference with contracts. The brothel has provided evidence that the employees’ profit depended on their managerial skills, including while working for other brothels. They negotiated their own prices, could promote online and book more clients, work more hours and earn more profit by their own efforts.
Court: USDC Nevada, Judge: Mahan, Filed On: October 16, 2023, Case #: 2:19cv1690, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Contract
J. Silva grants the insurance company’s motion for partial summary judgment in this bad faith insurance action arising from home damage caused by a tree felled during a windstorm. After some confusion and disagreement involving an inspector who was not certified in Nevada, the covered parties hired their own contractor to perform repairs, which resulted in water damage by the fault of the contractor. Another claim was filed for this damage and the homeowners say full benefits were not paid. Expert testimony supports the insurer’s actions as not unreasonable and complying with some of the homeowner’s requests. The homeowners have not demonstrated a genuine issue for trial.
Court: USDC Nevada, Judge: Silva, Filed On: October 16, 2023, Case #: 2:21cv652, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Contract
J. Jones dismisses this defamation and invasion of privacy suit brought by the debtor against an employee of his creditor alleging that false and defamatory statements were made to other creditors in the proceedings and to reporters “seeking to generate publicity against [the debtor] ... to leverage and enhance” the position of the creditor. The debtor has not satisfied any option for showing good cause under local rules and fails to respond to the creditor’s argument that the debtor had “text-message[s] prior to the filing of his” opposition brief, but chose not to include them at filing. The debtor provides little context for the text messages which the creditor argues “do not reference this action or relate to the allegations.”
Court: USDC Nevada, Judge: Jones, Filed On: October 12, 2023, Case #: 3:23cv128, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Evidence, Defamation, Banking / Lending
J. Silva denies State Farm’s motion for partial summary judgment in this bad-faith insurance lawsuit arising from its denial of the party’s claim for hearing loss caused by airbag deployment in an auto accident. The injured party has set forth specific facts showing that there is a genuine issue for trial because, while State Farm argues that there was a reason for limiting underinsured motorist coverage, it remains unclear whether the dispute for limiting the coverage was genuine. The injured party’s cited evidence sufficiently casts doubt on whether State Farm allegedly violated its own policies when valuing the claim.
Court: USDC Nevada, Judge: Silva , Filed On: October 5, 2023, Case #: 2:21cv486, NOS: Insurance - Contract, Categories: Evidence, Insurance, Vehicle
J. Gordon grants the loan servicer’s motion for summary judgment, declaring that the deed of trust for which it is the beneficiary remains an encumbrance on the property sold by the homeowner’s association at a foreclosure sale and transferred to the trust. No genuine dispute remains that the HOA did not substantially comply with notice requirements to the original beneficiary of record under the deed of trust. The loan servicer is prejudiced because the original loan servicer on the property was deprived of the opportunity to cure the default, which it would have done had it been given notice.
Court: USDC Nevada, Judge: Gordon, Filed On: October 5, 2023, Case #: 2:16cv2653, NOS: All Other Real Property - Real Property, Categories: Property, Trusts, Banking / Lending
J. Dorsey grants the bank’s motion for summary judgment in this suit brought by the disabled former employee alleging that it terminated her position to avoid extending her medical leave. Due to the bank’s restructuring, it has shown a legitimate, nondiscriminatory reason for terminating the employee, and she has failed to submit specific and substantial evidence that its reason is pretextual.
Court: USDC Nevada, Judge: Dorsey, Filed On: October 4, 2023, Case #: 2:19cv934, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Boulware grants the income fund’s motion to dismiss this suit brought by the property owner whose mortgage ownership was reassigned multiple times without notice to her, and then recorded as defaulted on and sold. The income fund was not the original note or deed of trust holder and took no action to enforce the deed. The foreclosure was properly brought by the substitute trustee. The property owner has not pointed to any law that requires the district court to consider anything beyond the date and order of recording to determine when the documents became enforceable.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:22cv199, NOS: All Other Real Property - Real Property, Categories: Property, Due Process, Foreclosure