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United States Court Cases

Nevada Supreme/Appellate Court Record

SHEET METAL WORKERS VS. LABOR COMM'R

Case Information: 42656
Short Caption:SHEET METAL WORKERS VS. LABOR COMM'RCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A465763
Clark Co. - Eighth Judicial District - A465744
Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/30/2004 / Paustian, KathleenSP Status:Completed
Oral Argument:02/07/2006 at 10:30 AMOral Argument Location:Regional Justice Center
Submission Date:02/07/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/16/2004Filing Fee Filing Fee due.
01/16/2004Notice 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.) 04-01021
01/16/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
01/22/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Davis Cowell & Bowe, LLP (San Francisco firm) - check no. 43153.
01/28/2004Docketing StatementFiled Docketing Statement. (Sheet Metal Workers). 04-01763
01/30/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Kathleen M. Paustian. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/02/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Haney firm - check no. 18710.
02/02/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 04-02049
02/02/2004Notice/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.
02/03/2004Notice/Outgoing Letter. Kathleen M. Paustian. (notice of cross-appeal)
02/10/2004Letter/IncomingFiled Letter. from Haney Woloson & Mullins in response to the modification of caption in this matter. 04-02611
02/11/2004Notice/IncomingFiled Proof of Service. (Docketing Statement of Additional Red Rose Roofing, Inc. Counsel). 04-02671
02/17/2004Notice/Outgoing Letter. Katheleen M Paustian (Letter from Haney Woloson & Mullins in Response to the Modification of Caption).
02/20/2004Docketing StatementFiled Docketing Statement. (Red Rose). 04-03319
02/25/2004Notice/Outgoing Letter. Kathleen M. Paustian. (docketing statement)
03/05/2004Notice/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.
04/23/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-07539
05/05/2004Transcript RequestFiled Certificate of No Transcript Request. 04-08227
05/18/2004Notice/OutgoingIssued Notice to Transmit Required Document. 09/16/03 order re: intervention and consolidation and 11/10/03 Notice of Entry of Order. Due Date: 10 days
05/18/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant Red Rose, Inc., shall have 15 days to comply with NRAP 9(a). fn1[Appellant Sheet Metal Workers filed a certificate of no transcript request on May 5, 2004.] Appellants shall each have 120 days to file and serve their opening briefs and appendices. Briefing shall proceed in accordance with NRAP 31(a)(1). 04-09254
05/24/2004Order/IncomingFiled District Court Order. Order Re: Intervention, Consolidation & Setting Oral Arguments and Order Re: Peittion for Judicial Review Filed by Red Rose, Inc.. 04-09603
06/01/2004Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant Red Rose, Inc.. 04-09999
06/09/2004Order/ProceduralFiled Order/Show Cause. Appellants shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellants shall file fully completed amended docketing statements that include all of the required attachments. The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply within 10 days form the date that appellants' responses are served. (Docketing statement mailed to McCracken firm, counsel for appellant Sheet Metal Workers and to Haney firm and Kirshman firm, counsel for appellant Red Rose, Inc.). 04-10663
06/29/2004Docketing StatementFiled Docketing Statement. Amended Docketing Statement-Appellant Sheet Metal Workers. 04-11885
06/29/2004MotionFiled Response to Order to Show Cause. Appellant Sheet Metal Workers' Response to Order to Show Cause. 04-11887
06/29/2004Notice/IncomingFiled Notice. Appellant Sheet Metal Workers International Association's Request for Judicial Notice. 04-11890
07/08/2004MotionFiled Reply to Response. Respondent/Appellee Clark County's Reply to Appellant Sheet Metal Worker's Response to Order to Show Cause. 04-12453
07/12/2004MotionFiled Response to Order to Show Cause. Appellant Red Rose, Inc.'s Response to Order to Show Cause. 04-12671
07/15/2004Docketing StatementFiled Docketing Statement. Amended Docketing Statement (Red Rose, Inc.). 04-12901
09/14/2004MotionFiled Response to Order to Show Cause. Appellant Sheet Metal Workers' Supplemental Response to Order to Show Cause. 04-16879
09/16/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 04-17074
09/27/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Red Rose, Inc. 04-17802
10/18/2004Notice/IncomingFiled Notice of Change of Address. Law firm of Haney, Woloson & Mullins. 04-19176
01/06/2005Order/ProceduralFiled Order. When our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(e) revealed potential jurisdictional defects, we ordered appellants on June 9, 2004, to show cause why this appeal should not be dismissed for lack of jurisdiction. In part, the difficulties in discerning whether this court has jurisdiction were caused by both appellants' failure to fully complete their respective docketing statements; consequently, we also directed them to file fully completed amended docketing statements. On June 29, 2004, appellant Sheet Metal filed a response; on September 14, 2004, it filed a supplemental response. Appellant Red Rose filed a response on July 12, 2004. As directed, both appellants filed amended docketing statements. In this instance, we consider Sheet Metal's notice of appeal to have been filed on January 26, upon entry of the district court's final judgment, and Sheet Metal's appeal is therefore timely. Accordingly, we have jurisdiction over this appeal and shall allow it to proceed. fn5[In the June 9 show cause order, we directed the parties to address whether the Clark Country Department of Finance and Red Rose, rather than Red Rose Roofing, are proper respondents to this appeal. On July 8, 2004, the Clark County Department of Finance clarified that it was an interested party to this appeal; accordingly, it shall remain a respondent. Further, on June 29, 2004, Sheet Metal filed a notice clarifying that Red Rose, but not Red Rose Roofing, is the proper party to this appeal, and Red Rose agrees. The caption shall therefore remain in its current form.] Appellants Sheet Metal and Red Rose shall have one hundred days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-00343
02/10/2005BriefFiled Opening Brief. Appellant Sheet Metal Workers. 05-02686
02/10/2005AppendixFiled Appendix to Opening Brief. Appellant Sheet Metal Workers. Vols. 1 and 2. 05-02687
03/15/2005MotionFiled Stipulation and Order. Brief due: April 11, 2005. 05-05080
04/11/2005BriefFiled Answering Brief. Respondent Labor Commissioner. 05-07006
04/11/2005AppendixFiled Appendix to Answering Brief. Respondent Labor Commissioner. 05-07007
04/14/2005BriefFiled Answering Brief. Respondent Red Rose, Inc., Answering Brief. 05-07363
04/21/2005BriefFiled Opening Brief. Appellant Red Rose, Inc.'s Opening Brief. 05-07834
04/21/2005AppendixFiled Appendix to Opening Brief. Appellant/Respondent Red Rose, Inc.'s Supplemental Appendix. 05-07836
05/06/2005Notice/IncomingFiled Notice. Request for Judicial Notice of Appellant Local 88. 05-08914
05/06/2005BriefFiled Reply Brief. Reply Brief of Appellant Local 88. 05-08916
05/17/2005BriefFiled Answering Brief. Sheet Metal Workers International Association, Local 88. 05-09615
05/23/2005BriefFiled Joinder to Brief. Respondent Clark County's Joinder in Respondent Labor Commissioner's Answering Brief. [MISSING] 05-10075
05/23/2005BriefFiled Answering Brief. Respondent Labor Commissioner. 05-10115
05/23/2005MotionFiled Response to Motion. Appellant Red Rose Inc.'s Objection to Local 88's Request for Judicial Notice. 05-10163
06/22/2005BriefFiled Reply Brief. Appellant Red Rose. 05-12292
11/07/2005Other Other. Filed Declaratory Order - Filed with The Nevada Labor Commissioner (via fax). 05-21882
11/09/2005Notice/IncomingFiled Proof of Service. Certificate of Service via Facsimile Transmission of Letter to the Clerk's Office Dated November 4, 2005. 05-22109
11/23/2005Order/ProceduralFiled Order Granting Motion. We shall take judicial notice of the decision attached to appellant's motion. 05-23125
12/19/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 7, 2006, at 10:30 a.m. (SNP06-WM/MG/JH)
01/23/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
02/07/2006Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH
03/22/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgments of the district court denying judicial review AFFIRMED." SNP06-WM/MG/JH 06-06011
04/18/2006RemittiturIssued Remittitur. 06-06104
04/18/2006Case Status Update Remittitur Issued/Case Closed.
05/05/2006RemittiturFiled Remittitur. Received by County Clerk on April 21, 2006. 06-06104