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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 42093
Short Caption:SO. NEV. OPERATING ENG'RS VS. LABOR COMM'RCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A462221Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/09/2003 / Roitman, HowardSP Status:Completed
Oral Argument:06/29/2005 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/29/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
09/24/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Davis Cowell & Bowe, LLP--check no. 42493.
09/24/2003Notice 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.) 03-15977
10/08/2003Docketing StatementFiled Docketing Statement. 03-16726
10/09/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Howard Roitman. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/14/2003Notice/Outgoing Letter. Howard Roitman. (docketing statement)
01/22/2004MotionFiled Stipulation/Dismiss Appeal. Stipulation for Dismissal of Certain Respondents; Proposed Order. 04-01286
01/29/2004Order/Clerk'sFiled Clerk's Order. Partially Dismissing Appeal. Pursuant to the stipulation of the parties and, cause appearing, this appeal is dismissed as to respondents Aztech Materials Testing, Inc. ('Aztech'), and County of Clark ('County') only. Aztech and County shall bear their own costs and attorney fees. The parties state in their stipulation that the 'Commissioner will be the sole remaining respondent on appeal.' However, because the stipulation does not dismiss this appeal as to respondent Crystal Cascades ('Crystal'), Crystal remains a respondent in this appeal. Because the stipulation does not indicate that it was served on Crystal, appellant shall have 10 days from the date of this order to serve a copy of the stipulation on Crystal and file proof of such service with this court. 04-01874
02/04/2004Notice/IncomingFiled Proof of Service. Proof of Service on Crystal Cascades of Stipulation for Dismissal of Certain Respondents; Proposed Order. 04-02236
03/01/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-03854
03/08/2004Settlement 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: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 04-04331
04/30/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall file either a transcript request form or a certificate that no transcripts are requested within 10 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. 04-07936
05/05/2004Transcript RequestFiled Certificate of No Transcript Request. 04-08226
06/23/2004BriefFiled Opening Brief. 04-11450
06/23/2004AppendixFiled Joint Appendix. Vols. 1 through 4. 04-11451
06/23/2004MotionFiled Stipulation. Stipulation as to Joint Appendix. 04-11454
07/06/2004BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada Contractors Association. 04-12264
07/26/2004BriefFiled Answering Brief. Respondent State of Nevada Labor Commissioner. 04-13603
07/26/2004AppendixFiled Appendix to Answering Brief. Respondent Labor Commissioner. 04-13604
08/05/2004BriefFiled Answering Brief. Answering Brief of Respondent State of Nevada Labor Commissioner in Opposition to Amicus Brief Filed by Nevada General Contractors Association. 04-14157
08/12/2004BriefFiled Reply Brief. (Appellant's reply brief in response to Respondent Labor Commissioners answering brief.) 04-14592
08/27/2004Order/ProceduralFiled Order. Regarding Answering Brief. To date, Crystal Cascades has failed to file an answering brief or a notice indicating that it joins in the answering briefs filed by Respondent Terry Johnson, Labor Commissioner. Crystal Cascades shall have 10 days from the date of this order to file and serve either an answering brief or a notice indicating that it joins in the Labor Commissioner's answering briefs. Failure to comply timely with this order may result in the imposition of sanctions against Crystal Cascades' counsel. 04-15554
09/10/2004BriefFiled Joinder to Brief. Respondent Crystal Cascade's Joinder in Answering Brief Filed by Respondent Terry Johnson, Labor Commissioner. 04-16606
01/06/2005Notice/OutgoingIssued Notice of Modification of Caption. 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.
04/20/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 29, 2005, at 11:30 a.m. (En Banc)
05/20/2005MotionFiled Motion. Application to Withdrawal as Attorney of Record and Application for Expedited Consideration (Stanley W. Parry). 05-10035
06/07/2005Order/ProceduralFiled Order Denying Motion. to Withdraw. With the approaching date for oral argument we conclude that Mr. Parry's withdrawal could prejudice Crystal Cascades and the other parties to this appeal. Accordingly, we deny the motion to withdraw. Fn 1-[We note that upon agreement of the respondents, counsel for respondent Johnson may present the argument for both respondents.] 05-11117
06/14/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
06/28/2005Letter/IncomingFiled Letter. from Joshua H. Reisman. He wil not be attending the oral argument on June 29, 2005 at 11:30. 05-12853
06/29/2005Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
09/15/2005Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court EN BANC. Author: Rose, J. We concur: Becker, C.J., Maupin, Gibbons, Douglas, Hardesty, and Parraguirre, JJ. 121 Nev. Adv. Opn. No. 54. EN BANC. 05-18283
09/20/2005MotionFiled Motion. Appellant's Bill of Costs Against Respondent Crystal Cascades Only. 05-18678
09/29/2005Order/ProceduralFiled Order Granting Motion. of appellant for Costs. The clerk shall issue a memorandum of costs in the amount of $250.00 for insertion in the remittitur. 05-19347
10/11/2005RemittiturIssued Remittitur. Memorandum of Costs and Disbursements allowed and taxed in the amount of $250.00. 05-18422
10/11/2005Case Status Update Remittitur Issued/Case Closed.
10/26/2005RemittiturFiled Remittitur. Received by County Clerk on October 14, 2005. 05-18422