| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 07/21/2004 | Filing Fee | Filing Fee due. | | |
| 07/21/2004 | Notice of Appeal Documents | Filed 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.) | | 04-13232
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| 07/21/2004 | Notice/Outgoing | Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days | | |
| 07/23/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Allison, MacKenzie, Russell, Pavlakis, Wright & Fagan, Ltd.--check no. 24365. | | |
| 08/05/2004 | Notice/Outgoing | Issued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days. | | |
| 08/05/2004 | Docketing Statement | Filed Docketing Statement. | | 04-14177
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| 08/10/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 04/01/04 and 04/19/04. To Court Reporter: Julietta Forbes. | | 04-14475
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| 08/19/2004 | Transcript | Filed Transcript. Proceedings: 4/1/04 and 4/19/04. Court Reporter: Julietta Forbes. | | 04-14998
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| 09/02/2004 | Motion | Filed Motion to Dismiss Appeal. Respondents' Southwest Regional Council of Carpenters and Carpenters Local Union No. 971's Memorandum of Points and Authorities in Support of Motion to Dismiss Appeal. | | 04-15990
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| 09/02/2004 | Motion | Filed Motion. Motion for Expedited Briefing Schedule. | | 04-16051
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| 09/08/2004 | Motion | Filed Response to Motion. Response to Respondents, Southwest Regional Council of Carpenters and Carpenters Union, Local 971's, Motion to Dismiss. | | 04-16485
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| 09/09/2004 | Motion | Filed Response to Motion. Respondent Labor Commissioner. | | 04-16534
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| 09/09/2004 | Motion | Filed Motion to Extend Time. Respondents Southwest Regional Council of Carpenters and Carpenters Local Union 971's Request for Extension in Which to File Opposition to Appellant Carson Tahoe Hospital's Motion for Expedited Briefing Schedule. | | 04-16550
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| 09/10/2004 | Motion | Filed Response to Motion. Response of Carson-Tahoe Hospital to Request of Carpenters for Extension of Time to File Opposition to Motion for Expedited Briefing. | | 04-16613
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| 09/10/2004 | Other | Other. Appellees' Southwest Regional Council of Carpenters and Carpenters Local Union 971's Objection to Opposition filed by Labor Commissioner. (Request to strike Labor Commissioner's response to motion to dismiss.) | | 04-16648
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| 09/14/2004 | Motion | Filed Motion for Permission to File Document. Respondents' Southwest Regional Council of Carpenters and Carpenters Local Union No. 971's Request to File Reply Brief, Concurrently filed with Proposed Reply Brief. | | 04-16832
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| 09/16/2004 | Motion | Filed Motion to Strike. Motion to Strike Union's "Objection." | | 04-17075
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| 09/16/2004 | Motion | Filed Motion. Appellees Southwest Regional Council of Carpenters and Carpenters Local Union No. 971's Request to File Response and [Proposed] Response to Appellant Carson Tahoe Hospital's Opposition Re Appellees' Request for Extension to File Opposition. | | 04-17114
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| 09/16/2004 | Motion | Filed Response to Motion. Appellees Southwest Regional Council of Carpenters and Carpenters Local Union No. 971's Response to Labor Commissioner's Motion to Strike. | | 04-17118
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| 09/28/2004 | Motion | Received Response to Motion. Respondents Southwest Regional Council of Carpenters and Carpenters Local Union 971's Opposition to Appellant Carson Tahoe Hospital's Motion for Expedited Briefing Schedule. | | 04-17925
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| 10/05/2004 | Motion | Filed Motion for Permission to File Document. Motion for Leave of Court to File Reply to Carpenters' Opposition to Hospital's Motion for Expedited Briefing. | | 04-18441
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| 11/17/2004 | Order/Procedural | Filed Order. Denying Motion to Dismiss and Setting Briefing Schedule. On September 2, 2004, respondents Southwest Regional Council of Carpenters ('SRCC') and Carpenters Union, Local 971 ('CU') filed a motion to dismiss this appeal for lack of jurisdiction. In support of the motion, SRCC and CU assert that 'the reply is necessary to counter certain factual and legal inaccuracies.' Cause appearing, we grant the unopposed motion. The clerk of this court shall file the proposed reply received on September 13, 2004. Because appellant filed the notice of appeal on July 16, 2004, which was 5 days before the time expired, we conclude that appellant timely filed the notice of appeal. Accordingly, we deny SRCC and CU's motion to dismiss this appeal for failure to timely file a notice of appeal. On September 10, 2004, SRCC and CU filed an objection to Commissioner's opposition to their motion to dismiss. Specifically, SRCC and CU contend that Commissioner is not a party to this appeal and thus request that Commissioner's opposition be stricken. On September 16, 2004, Commissioner filed a motion to strike SRCC and CU's objection. In its motion, Commissioner contends that it is properly a party to this appeal and requests this court to strike the objection. Commissioner further indicates that on December 17, 2003, the district court granted appellant's motion to join Commissioner as a party. SRCC and CU have responded to Commissioner's motion to strike. In the response, SRCC and CU again argue that Commissioner is not a party to this appeal and request this court to order that Commissioner 'cannot participate as a party to this appeal.' We note that appellant identified Commissioner as a respondent in its case appeal statement and the docketing statement. We further note that the 2 district court orders appealed from also identified Commissioner as a party. Finally, we note that SRCC and CU did not dispute Commissioner's indication that the district court granted appellant's motion to join Commissioner as a party.
Accordingly, we conclude that Commissioner is correctly named a respondent to this appeal and we deny SRCC and CU's request to strike Commissioner's opposition to its motion to dismiss. As we have considered SRCC and CU's objection in concluding that Commissioner is a party to this appeal, we deny Commissioner's request to strike SRCC and CU's objection. Finally, no good cause appearing, we deny SRCC and CU's request for an order stating that Commissioner 'cannot participate as a party to this appeal.' On September 2, 2004, appellant filed a motion to expedite the briefing of this appeal. On September 9, 2004, SRCC and CU filed a motion for an extension of time to file an opposition to the motion to expedite. Appellant opposes the motion for an extension of time. Cause appearing, we grant SRCC and CU's motion for an extension of time to file the opposition. The clerk of this court shall file the opposition received on September 28, 2004. On October 5, 2004, appellant filed a motion for leave to file a reply to SRCC and CU's opposition. Cause appearing, we grant appellant's motion for leave to file a reply. The clerk shall detach and file the proposed reply attached as 'Exhibit A' to appellant's motion filed on October 5, 2004. We remind counsel that proposed documents should be submitted under separate cover and not attached to a motion as an exhibit. As we have denied the motion to dismiss, we conclude that the motion to expedite is not premature and should not be deemed moot. We further conclude that the circumstances of this appeal warrant an expedited briefing schedule. Accordingly, we grant appellant's motion to expedite the briefing of this appeal. Appellant shall have until December 3, 2004, to file the opening brief. Thereafter, briefing shall proceed in strict compliance with the schedule set forth in NRAP 31(a)(1). Extensions in this briefing schedule will be granted only upon a demonstrat | | 04-21090
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| 11/17/2004 | Motion | Filed Reply to Response. Respondents' Southwest Regional Council of Carpenters and Carpenters Local Union No. 971's [Proposed] Reply Brief, Concurrently filed with Request to file Reply Brief. | | 04-16833
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| 11/17/2004 | Motion | Filed Response to Motion. Respondents Southwest Regional Council of Carpenters and Carpenters Local Union 971's Opposition to Appellant Carson Tahoe Hospital's Motion for Expedited Briefing Schedule. | | 04-17925
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| 11/17/2004 | Motion | Filed Reply to Response. (Proposed) Reply to Respondent Southwest Carpenters and Carpenters Local Union 971's Opposition to Appellant's Motion for Expedited Briefing Schedule (detached from motion filed on October 5, 2004). | | 04-21095
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| 12/03/2004 | Brief | Filed Opening Brief. | | 04-22138
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| 12/03/2004 | Appendix | Filed Joint Appendix. | | 04-22139
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| 01/03/2005 | Brief | Filed Answering Brief. (Building & Construction Trades Council of Northern Nevada and Cecil Hoffman) | | 05-00085
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| 01/04/2005 | Brief | Filed Answering Brief. Carpenters Union. | | 05-00158
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| 01/06/2005 | Brief | Filed Answering Brief. Respondent Labor Commissioner.
02/23/05 ORDER:THE COMMISSIONER'S JANUARY 6 ANSWERING BRIEF STRICKEN. | | |
| 01/28/2005 | Brief | Filed Reply Brief. | | 05-01895
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| 02/23/2005 | Order/Procedural | Filed Order. Striking Answering Brief. Previously, certain respondents filed an objection to the Labor Commissioner's participation in this matter. On November 17, 2004, this court entered an order concluding that there appeared no good cause to bar the Labor Commissioner from participating as a party to this appeal. The November 17 order was entered, however, before this court's receipt, on January 6, 2005, of the Commissioner's answering brief. Accordingly, as respondent Commissioner's answering brief does not raise any arguments supporting affirmance of the district court's order, we direct the clerk of this court to strike the Commissioner's January 6 answering brief. | | 05-03588
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| 03/21/2005 | Transcript | Filed Transcript. Proceedings: March 11, 2005. Court Reporter: Julietta Forbes.
04/25/05 ORDER: THE TRANSCRIPT FILED ON MARCH 21, 2005--STRICKEN. | | 05-05461
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| 03/28/2005 | Motion | Filed Motion. Request for Leave of Court to Supplement Appellate Record. | | 05-06035
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| 04/04/2005 | Motion | Filed Response to Motion. Respondents Southwest Regional Council of Carpenters' and Carpenters Local Union No. 971's Opposition to Carson Tahoe Hospital's Motion to Augment Appellate Record. | | 05-06519
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| 04/06/2005 | Motion | Filed Response to Motion. Opposition to Carson-Tahoe Hospital's Request to Supplment Appellate Record. | | 05-06724
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| 04/07/2005 | Motion | Filed Motion. Points and Authorities in Support of Hospital's Motion to Supplement Record. | | 05-06897
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| 04/11/2005 | Motion | Filed Motion for Permission to File Document. Motion for Leave of Court to File Reply to Oppositions to Hospital's Request for Leave of Court to Supplement the Appellate Record. | | 05-07019
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| 04/11/2005 | Motion | Received Reply to Response. (Proposed) Reply to Respondent's Oppositions to Hospital's Request for Leave of Court to Supplement the Appellate Record. | | 05-07020
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| 04/20/2005 | Motion | Filed Motion to Strike. Respondents Southwest Regional Council of Carpenters Local Union No. 971's Motion to Strike or, in the Alternative, Response to Respondent Labor Commissioner's Points and Authorities in Support of Petitioner Carson Tahoe Hospital to Motion to Supplement Record. | | 05-07646
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| 04/25/2005 | Order/Procedural | Filed Order. filing Reply, Denying Motion to Supplement Record and Striking Transcript. Appellant has now filed a motion for leave of court to supplement the record in this appeal with the transcript of a hearing held in the district court on March 11, 2005. Respondents Southwest Regional Council of Carpenters (SRCC) and Carpenters Local Union No. 971 (CU) oppose appellant's request. Respondents Building & Construction Trades Council of Northern Nevada (BCTC) and Cecil Hoffman (Hoffman) also oppose appellant's motion. Respondent Labor Commissioner of the State of Nevada (Commissioner) has filed points and authorities in support of appellant's motion to supplement the record. Appellant filed a motion for leave of court to file a reply to the oppositions to its motion. The clerk of this court shall file the proposed reply received on April 11, 2005. Appellant's motion for leave of court to supplement the record with the March 11, 2005, transcript of proceedings in the district court is not warranted. We deny the motion. Because we will not consider the transcript in our resolution of this appeal, we direct the clerk of the court to strike the transcript filed on March 21, 2005. | | 05-08104
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| 04/25/2005 | Motion | Filed Reply to Response. Reply to Respondent's Oppositions to Hospital's Request for Leave of Court to Supplement the Appellate Record. | | 05-07020
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| 04/27/2005 | Motion | Filed Response to Motion. Points & Authorities in Opposition to Union's Motion to Strike Points & Authorities. | | 05-08297
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| 04/29/2005 | Order/Procedural | Filed Order Denying Motion. Respondents Southwest Regional Council of Carpenters and Carpenters Union, Local 971 have filed a motion to strike or, in the alternative, a response to the points and authorities filed by respondent Labor Commissioner of the State of Nevada (Commissioner) in support of appellant's motion to supplement the record. Commissioner has filed points and authorities in opposition to the motion. On April 25, 2005, we entered an order denying the motion to supplement the record. Accordingly, the instant motion is moot, and we deny it. | | 05-08448
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| 07/06/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on September 13, 2005, at 1:30 p.m. (En Banc) | | |
| 08/03/2005 | Motion | Filed Motion. Motion to Participate in Oral Argument as an Amicus. | | 05-15422
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| 08/17/2005 | Motion | Filed Response to Motion. Respondents Southwest Regional Council of Carpenters and Carpenters Local Union No. 971's Objection to and Motion to Strike the Labor Commissioner's Motion to Participate in Oral Argument. | | 05-16335
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| 08/23/2005 | Order/Procedural | Filed Order. Denying Motion to file Amicus Brief and Participate in Oral Argument. In an order entered on November 17, 2004, this court noted that the Labor Commissioner had been a party to the district court proceedings and that the Hospital had identified him as a respondent in its case appeal statement and docketing statement. This court concluded that the Labor Commissioner was correctly named a respondent to this appeal. The Labor Commissioner subsequently filed an answering brief on January 6, 2005. Because the Labor Commissioner's answering brief did not raise any arguments supporting affirmance of the district court's order, we directed the clerk of this court to strike the answering brief in an order entered on February 23, 2005. On August 3, 2005, the Labor Commissioner filed a motion to treat his stricken answering brief as an amicus curiae brief and to participate in oral argument as an amicus curiae. The motion is opposed. Even if the Labor Commissioner could properly participate as an amicus curiae, we further conclude that he failed to do so in a timely manner. The briefing in this appeal is complete, and oral argument is scheduled for September 13, 2005. The Labor Commissioner's motion is denied. Furthermore, because it appears that the Labor Commissioner was not properly included as a respondent to this appeal, we direct the clerk of this court to remove the Labor Commissioner from this court's caption. | | 05-16700
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| 08/31/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 08/31/2005 | Motion | Filed Motion. Motion to File Amicus Brief in Support of Appellant Carson-Tahoe Hospital and Request to Participate in September 13, 2005 Oral Argument. | | 05-17280
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| 09/01/2005 | Letter/Incoming | Filed Letter. from Hale Lane law firm enclosing a signature page for amicus curiae brief submitted on 8/31/05. (Inserted signed page 24 into original and two copies of amicus brief.) | | 05-17285
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| 09/01/2005 | Notice/Incoming | Filed Proof of Service. --amended Proof of Service Regarding Amicus Curiae Brief. | | 05-17340
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| 09/06/2005 | Motion | Filed Response to Motion. Opposition to Motion to file Amicus Brief and Opposition to Request to Participate in Oral Argument. | | 05-17539
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| 09/07/2005 | Order/Procedural | Filed Order Denying Motion. to file Amicus Brief and Participate in Oral Argument. This appeal is scheduled for oral argument before the en banc court on September 13, 2005. On August 31, 2005, Nevada Hospital Association, Nevada Rural Hospital Partners, Nevada League of Cities and Municipalities, and Nevada Association of Counties filed a motion to file an amicus brief in support of appellant and request to participate in oral argument. We deny the motion. The clerk shall return, unfiled, the proposed amicus brief and appendix received on August 31, 2005. | | 05-17652
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| 09/07/2005 | Other | Other. Returned unfiled to the Hale firm, the original and two copies of the Amicus Curiae Brief and Amicus Appendix received on August 31, 2005 with a copy of the 09/07/05 order and without a letter. | | |
| 09/13/2005 | Case Status Update | Submitted for Decision. Before the EN BANC Court. EN BANC | | |
| 03/02/2006 | Opinion/Dispositional | Filed Authored Opinion. "Reversed." Before the Court EN BANC. Author: Parraguirre, J. We concur: Rose, C.J., Gibbons and Hardesty, JJ. Douglas, J. with whom Becker, J., agrees, concurring. Maupin, J., dissenting. 122 Nev. Adv. Opn. No. 19. EN BANC. | | 06-04678
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| 03/20/2006 | Filing Fee | Filing Fee due. | | |
| 03/20/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent Southwest Regional Council of Carpenters and Carpenters Union, Local 971's Request for Rehearing. | | 06-05896
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| 03/20/2006 | Notice/Outgoing | Issued Notice. (Rehearing petition) Due date: 5 days. | | |
| 03/20/2006 | Notice/Outgoing | Issued Notice to Pay Filing Fee on Rehearing. Due date: 10 days. | | |
| 03/20/2006 | Filing Fee | Filing Fee due. | | |
| 03/20/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent Building and Construction Trades Council of Nevada's Petition for Rehearing. | | 06-05916
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| 03/20/2006 | Notice/Outgoing | Issued Notice to Pay Filing Fee on Rehearing. Due date: 10 days. | | |
| 03/22/2006 | Filing Fee | Received Filing Fee Paid on Filing. $150 from from Michael E. Langton--check no. 3383. | | |
| 03/27/2006 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Decarlo & Connor-check no. 10223. | | |
| 03/27/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent Southwest Regional Council of Carpenters and Carpenters Union, Local 971's Request for Rehearing. | | 06-06342
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| 05/03/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Rose, C.J., Becker, Gibbons, Douglas, Hardesty and Parraguirre, JJ. Maupin, J. dissenting. EN BANC. | | 06-09301
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| 05/30/2006 | Remittitur | Issued Remittitur. | | 06-09553
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| 05/30/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 06/05/2006 | Remittitur | Filed Remittitur. Received by County Clerk on May 31, 2006. | | 06-09553
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