Tonya Hale v. Nv Property 1, LLC

facts to survive a motion to dismiss with respect to her IIED claim against Sherman.

3 The district court distinguished Branda by pointing out that the plaintiff was required

to meet Nevada’s notice pleading standard, unlike here, where Hale was required to

meet the federal pleading standard—which demands “plausibility”—to survive a

motion to dismiss. Furthermore, we note that in Branda, the plaintiff was a 15-year-

old hotel busgirl, and the defendant was a hotel guest that “verbally accosted her

with sexual innuendoes and became verbally abusive when she ignored his remarks,”

including saying “that she was a ‘f—k—g bitch,’ ‘f—k—g c—t,’ ‘no lady,’” and

“[t]his is the one I want. This is her.” Branda, 637 P.2d at 1224. Unlike in Branda,

Sherman did not make sexual advances or comments to Hale. See Shufelt v. Just

Brakes Corporation, 2017 WL 379429 (D. Nev. Jan. 25, 2017) (holding that

experiencing unwanted sexual advances and comments can be considered extreme

and outrageous). As such, we agree with the district court as to the impact of Branda

on the immediate case.

We agree with the district court that “Hale [did] not sufficiently allege that

Sherman engaged in…