United States District Court, D. Nebraska
RICHARD D. EDWARDS, Plaintiff,
CONSOLIDATED RESOURCES HEALTH CARE FUND I.L.P, Defendant.
MEMORANDUM AND ORDER
F. ROSSITER, JR. UNITED STATES DISTRICT JUDGE.
matter comes before the Court upon plaintiff's request,
under Federal Rule of Civil Procedure 56(d), that the Court
defer ruling on defendant Consolidated Resources Health Care
Fund I.L.P.'s (“Consolidated”) pending Motion
for Summary Judgment (Filing No. 25) until the plaintiff has
had additional time conduct discovery. In the alternative,
plaintiff seeks additional time in which to submit his brief
in opposition to the pending Motion for Summary
case involves an allegation of sexual assault of SD, a
vulnerable resident at Life Care Center Omaha, a nursing home
operated by Consolidated. S.D. was transported to Immanuel
Hospital on August 6, 2014 due to dehydration. Apparently, as
part of normal medical testing, S.D. underwent a urinalysis.
The test results showed traces of semen. When asked about the
test results, S.D. told hospital personnel that she had been
raped by a staff member at the nursing home. S.D. identified
the staff member as a black male nurse's aide named
Richard who was wearing maroon “pajamas”
personnel notified Consolidated and reported SD's
allegations to the Omaha Police Department
(“OPD”). Officer Galloway arrived at the nursing
home at about 4:00 p.m.-less than two hours after hospital
personnel reported the test results to Consolidated. Upon his
arrival, Officer Galloway informed Sara Delahoyde
(“Delahoyde”), Consolidated's Executive
Director, of the description S.D. gave. Delahoyde told
Officer Galloway that only one employee meeting that
description worked at the nursing home. Plaintiff, who was
working at the facility as a Certified Nursing Assistant
(“CNA”) at the time, was taken into custody.
the OPD investigation, Consolidated suspended plaintiff from
his employment without pay. When follow-up DNA testing
established that plaintiff was no longer a suspect,
Consolidated told plaintiff that he could come back to work.
Complaint in this matter was originally filed on March 30,
2016, alleging race discrimination under Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., as well as under 42 U.S.C. §
1981. Plaintiff did not obtain service of
process until July of 2016, following the entry of a
show-cause order on July 18, 2016.
filed an Amended Complaint on August 30, 2016, and
Consolidated filed an Answer on September 13, 2016. The
Answer denies the allegations and raises a number of
October 14, 2016, the parties submitted a Report of Planning
Meeting pursuant to Federal Rule of Civil Procedure 26(f).
The Court entered an Order for Initial Progression of Case on
October 17, 2016. On October 31, 2016, Consolidated filed the
pending Motion for Summary Judgment (Filing No. 25).
response, plaintiff claims he should be given additional time
under Rule 56(d) to conduct discovery in this case.
Consolidated opposes that request.
nonmovant shows by affidavit or declaration that, for
specified reasons, it cannot present facts essential to