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Edwards v. Consolidated Resources Health Care Fund I.L.P

United States District Court, D. Nebraska

December 8, 2016

RICHARD D. EDWARDS, Plaintiff,
v.
CONSOLIDATED RESOURCES HEALTH CARE FUND I.L.P, Defendant.

          MEMORANDUM AND ORDER

          ROBERT F. ROSSITER, JR. UNITED STATES DISTRICT JUDGE.

         This 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 Judgment.[1]

         I. BACKGROUND[2]

         This 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” (scrubs).

         Hospital 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.

         During 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. He declined.

         The 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.[3] Plaintiff did not obtain service of process until July of 2016, following the entry of a show-cause order on July 18, 2016.

         Plaintiff 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 affirmative defenses.

         On 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).

         In response, plaintiff claims he should be given additional time under Rule 56(d) to conduct discovery in this case. Consolidated opposes that request.

         II. DISCUSSION

         Rule 56(d) provides:

         If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to ...


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