judyrecords
search tips
630 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

NEV. SERV. EMPL. UNION VS. ORR

Case Information: 42025
Short Caption:NEV. SERV. EMPL. UNION VS. ORRCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A439455Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/19/2003 / Paustian, KathleenSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/14/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/11/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices of Michael A. Urban--check no. 1276.
09/11/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 03-15242
09/15/2003Notice/OutgoingIssued Notice of Modification of Caption. (Deleted County of Clark as a respondent.) Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
09/19/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Kathleen M. Paustian. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/25/2003Docketing StatementFiled Docketing Statement. 03-16056
09/26/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Iris K. Orr--check no. 2034.
09/26/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 03-16148
09/30/2003Notice/Outgoing Letter. Kathleen M. Paustian. (docketing statement)
10/09/2003Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 03-16806
10/10/2003Notice/Outgoing Letter. Kathleen M. Paustian. (docketing statement of respondent/cross-appellant)
10/15/2003Notice/Outgoing Letter. Kathleen M. Paustian. (Notice of Cross-Appeal)
10/16/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-17242
10/24/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent (appellant) and respondent/cross-appellant (respondent) shall each have 15 days to comply with NRAP 9(a). Appellant: 120 days to file and serve opening brief and appendix. Cross-appellant shall have 30 days from service of appellant's opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Respondents shall have 30 days from the service of appellants opening brief 9on appeal to file and serve their answering brief on appeal. Appellant shall have 30 days from service of cross-appellant's combined brief and respondents' answering brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Cross-appellant shall have 30 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. 03-17769
11/10/2003Transcript RequestFiled Certificate of No Transcript Request. Appellant/Cross-Respondent. 03-18777
11/12/2003Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant. 03-18874
02/09/2004BriefFiled Opening Brief. Appellant/Cross-Respondent. 04-02511
02/09/2004AppendixFiled Joint Appendix. Appellant/Cross-Respondent. 04-02512
03/10/2004BriefFiled Answering Brief. Respondent/Cross-Appellant Iris Orr. 04-04504
03/11/2004BriefFiled Answering Brief. Respondent Universtiy Medical Center's Answering Brief. 04-04591
03/11/2004BriefFiled Answering Brief. Answering Brief of State of Nevada, Local Government Employee-Management Relations Board. 04-04592
03/15/2004BriefFiled Joinder to Brief. Respondent/Cross-Appellant Orr's Joinder in State of Nevada Employee Management Relation Board's Answering Brief. 04-04912
04/08/2004BriefFiled Reply Brief. Appellant/Cross-Respondent. 04-06501
04/14/2004MotionFiled Motion. Respondent University Medical Center's Motion for Leave to Respond to Respondent/Cross-Appellant Orr's Answering Brief, or in the Alternative, Motion to Strike. 04-06856
04/14/2004BriefReceived Answering Brief. Respondent's (University Medical Center) Answering Brief to Respondent/Cross-Appellant. 04-06857
04/16/2004Notice/IncomingFiled Proof of Service. of Respondent University Medical Center's Motion for Leave to Respond to Respondent/Cross-Appellant Orr's Answering Brief, or in the Alternative, Motion to Strike. 04-06994
05/07/2004MotionFiled Response to Motion. Respondent/Cross-Appellant Orr's Opposition to respondent University Medical Center's Motion for Leave to Respond to Respondent/Cross -Appellant Orr's Answering Brief or in the Alternative, Motion to Strike, and Counter Motion to Strike Respondent University Medical Center's Motion and respondent UMC's Answering Brief to Respondent/ Cross-Appellant. 04-08536
05/13/2004MotionFiled Response to Motion. Respondent University Medical Center's Opposition to Respondent/Cross-Appellant's Counter Motion to Strike Respondent's Answering Brief. 04-08981
05/21/2004Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Respondent/Cross-Appellant's Reply to Respondent' University Medical Center's Opposition to Countermotion to Strike Respondent's Answering .
09/30/2004Order/ProceduralFiled Order Granting Motion. for Leave to file Answering Brief and Denying Motions to Strike. On October 24, 2003, we reinstated briefing in this appeal after the parties were unable to settle and we established a briefing schedule. On April 14, 2004, UMC filed a motion for leave to respond to Orr's answering brief or, in the alternative, a motion to strike Orr's answering brief. When this appeal was docketed, UMC was identified in the caption on this court's docket as a respondent to the Union's appeal. Orr opposes the motion and has filed a counter-motion to strike UMC's motion and proposed answering brief. Orr argues that UMC's answering brief, submitted with its motion on April 14, 2004, is untimely and that UMC failed to properly serve its motion and answering brief because the documents were not sent to the correct address for Orr's counsel of record. Upon further review of the documents submitted thus far in this appeal, it appears that UMC is not a respondent to the Union's appeal. Rather, UMC is a cross-respondent to Orr's cross-appeal. We therefore direct the clerk of this court to correct the caption on this court's docket to include two captions. The first caption shall list the Union as the appellant and Orr and the EMRB as the respondents. The second caption shall list Orr as the cross-appellant and the Union and UMC as the cross-respondents. Because of the confusion as to UMC's status on appeal, the October 24, 2003, scheduling order failed to direct UMC to file an answering brief on cross-appeal within 30 days from the service of Orr's combined answering brief on appeal and opening brief on cross-appeal. See NRAP 28(h). Under the circumstances, we grant UMC's motion for leave to respond to Orr's 'answering brief' and direct the clerk of this court to file UMC's answering brief on cross-appeal, which was received on April 14, 2004. UMC shall serve its answering brief on cross-appeal on counsel for Orr at the correct address and provide a certificate of such service to the clerk of this court within 5 days from the date of this order. Orr shall have 30 days from service of UMC's answering brief on cross-appeal to file and serve a reply brief on cross-appeal, if deemed necessary. See NRAP 28(c). fn2[As the Union filed the reply brief on appeal on April 8, 2004, briefing in this matter shall be completed with the filing of Orr's reply brief on cross-appeal.] We deny UMC's alternative motion to strike Orr's answering brief and Orr's counter-motion to strike UMC's motion and answering brief on cross-appeal. 04-18099
09/30/2004BriefFiled Answering Brief. Respondent's (University Medical Center) Answering Brief to Respondent/Cross-Appellant. 04-06857
10/08/2004Notice/IncomingFiled Proof of Service. - Recipt of Copy Cross-Respondent University Medical Center's Answering Brief. 04-18738
11/30/2004Case Status Update Briefing Completed. No reply brief filed.
06/14/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. NRAP 34(f)(1). 05-11682
06/14/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH
09/29/2005Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before Rose, Gibbons and Hardesty, JJ. Author: Per Curiam. Majority: Rose, Gibbons and Hardesty, JJ. 121 Nev. Adv. Opn. No. 68. SNP05 05-19315
10/25/2005RemittiturIssued Remittitur. 05-19432
10/25/2005Case Status Update Remittitur Issued/Case Closed.
11/15/2005Other Returned Mail. Remittitur addressed to Patricia Waldeck remailed to corrected address.
11/28/2005RemittiturFiled Remittitur. Received by County Clerk on October 27, 2005. 05-19432
01/04/2006Other Returned Mail. Remittitur addressed to Patricia Waldeck remailed to corrected address. (second time)