Matthew Stock v. Nv Energy, Inc.

MEMORANDUM

Matthew Stock was employed by Sierra Pacific Power Company (“SPPC”), which does business in Nevada as “NV Energy.” NV Energy, Inc., however, is a holding company for SPPC, and the two are legally separate entities.

Stock brought suit against NV Energy, Inc., for employment discrimination on July 19, 2012. He filed the operative First Amended Complaint on October 18, 2012, alleging claims of discrimination on the basis of disability under 42 U.S.C. § 12112 (a), discrimination on the basis of perceived disability, and failure to engage in the interactive process. Before Stock filed his First Amended Complaint, NV Energy, Inc.’s counsel requested in an email that Stock list SPPC as the defendant instead of NV Energy, Inc.

Stock nonetheless filed the First Amended Complaint with NV Energy, Inc., listed as the defendant instead of SPPC. In its answer to the First Amended Complaint, NV Energy, Inc. again pointed out the error. Stock never sought leave to amend to substitute SPPC as the proper defendant.

NV Energy, Inc., moved for summary judgment and asked that all claims against it be dismissed, as the proper defendant was Stock’s employer, SPPC. Stock did not dispute…