BOMBARDIER TRANSP. (HOLDINGS) USA INC. VS. NEVADA LABOR COMM'R , 2019 NV 3 ( 2019 )

71101: Case View

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Cases Case Search Participant Search 19-02636: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 71101 Short Caption: BOMBARDIER TRANSP. (HOLDINGS) USA INC. VS. NEVADA LABOR COMM'R Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - A698764 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 08/24/2016 / Shirinian, Ara SP Status: Completed Oral Argument: 09/05/2018 at 10:30 AM Oral Argument Location: Carson City Submission Date: 09/05/2018 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Bombardier Transportation (Holdings) USA, Inc. Gary C. Moss (Jackson Lewis P.C.) Paul T. Trimmer (Jackson Lewis P.C.) Respondent Clark County Timothy J. Baldwin (Clark County District Attorney/Civil Division) Mark J. Ricciardi (Fisher & Phillips LLP) E. Lee Thomson (Clark County District Attorney/Civil Division) Holly E. Walker (Fisher & Phillips LLP) Respondent Nevada Labor Commissioner Melissa L. Flatley (Attorney General/Carson City) Lawrence J. VanDyke (Attorney General/Carson City) Robert E. Werbicky (Attorney General/Las Vegas) Respondent The International Union of Elevator Constructors Andrew J. Kahn (McCracken, Stemerman & Holsberry) Richard G. McCracken (McCracken, Stemerman & Holsberry) Docket Entries Date Type Description Pending? Document 08/23/2016 Filing Fee Filing Fee Paid. $250.00 from Jackson Lewis P.C. Check no. 7691. 08/23/2016 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 16-26307 08/23/2016 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. 16-26312 08/23/2016 Notice/Incoming Filed Notice. Initial Appearance Fee Disclosure. 16-26316 08/24/2016 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. 16-26444 09/09/2016 Notice/Incoming Filed Notice of Appearance (Robert Werbicky as counsel for Respondent Nevada Labor Commission). 16-27958 09/09/2016 Notice/Outgoing Issued Notice to Provide Proof of Service on Settlement Judge (Notice of Appearance). 16-27967 09/09/2016 Notice/Incoming Filed Certificate of Service (Notice of Appearance Served on Settlement Judge). 16-28042 09/12/2016 Docketing Statement Filed Appellant's Docketing Statement. 16-28299 09/13/2016 Notice/Incoming Filed Certificate of Service. Appellants Exhibits 1.2.3. and.4 to Docketing Statement. (Amended Docketing Statement attached.) 16-28363 09/15/2016 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 10/14/16 @ 10:00 a.m. 16-28666 11/07/2016 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 16-34739 11/14/2016 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. 16-35356 12/01/2016 Transcript Request Filed Certificate That No Transcript Is Being Requested. 16-37180 02/10/2017 Motion Filed Appellant's Unopposed Motion for Extension of Time to File Opening Brief and Appendix. 17-04795 02/10/2017 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Opening Brief due: March 15, 2017. 17-04811 03/10/2017 Motion Filed Appellant's Second Unopposed Motion for Extension of Time to File Opening Brief and Appendix. 17-08166 03/14/2017 Order/Procedural Filed Order Granting Motion. Opening Brief & Appendix due: April 14, 2017. 17-08569 03/14/2017 Motion Filed Respondent Nevada Labor Commissioner's Motion to Dismiss the Appeal and to Stay the Briefing Schedule. 17-08573 03/21/2017 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Opposition to Respondent Nevada Labor Commissioner's Motion to Dismiss the Appeal and to Stay the Briefing Schedule due: April 6, 2017. 17-09410 04/04/2017 Motion Filed Appellant's Unopposed Motion for Extension of Time to File Opposition to Motion to Dismiss the Appeal and to Stay the Briefing Schedule 17-11119 04/12/2017 Order/Procedural Filed Order. Appellant's Opposition to Nevada Labor Commissioner's Motion to Dismiss due: April 20, 2017. Nevada Labor Commissioner shall have 15 days from service of the opposition to file and serve any reply. Briefing is suspended. 17-12054 04/20/2017 Motion Filed Appellant's Motion to Exceed Page Limits in its Opposition to Motion to Dismiss. 17-13246 07/17/2017 Order/Procedural Filed Order Denying Motion to Dismiss. We deny the Labor Commissioner's motion to dismiss and we reinstate the briefing schedule in this appeal. Opening Brief and Appendix due: 30 days. fn1[The clerk of this court shall file the opposition received on April 20, 2017, and the reply received on May 4, 2017.] 17-23613 07/17/2017 Motion Filed Appellant's Opposition to Motion to Dismiss the Appeal. 17-23614 07/17/2017 Motion Filed Respondent's Reply in Support of Motion to Dismiss the Appeal. 17-23615 07/26/2017 Motion Filed Appellant's Unopposed Motion for Extension of Time to File Opening Brief and Appendix. 17-24840 08/01/2017 Order/Procedural Filed Order Granting Motion. Opening Brief and Appendix due: September 15, 2017. 17-25504 09/11/2017 Motion Filed Appellant's Unopposed Motion for Extension of Time to File Opening Brief and Appendix. 17-30362 09/13/2017 Order/Procedural Filed Order Granting Motion. Opening Brief and Appendix due: October 13, 2017. 17-30721 10/13/2017 Motion Filed Appellant's Motion for Extension of Time to File Opening Brief and Appendix. 17-34994 10/18/2017 Order/Procedural Filed Order. Opening Brief and Appendix due: November 3, 2017. 17-35645 11/03/2017 Motion Filed Appellant's Motion to Exceed Page Limit in its Opening Brief. 17-37809 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 1. 17-38026 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 2. 17-38027 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 3. 17-38028 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 4. 17-38031 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 5. 17-38032 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 6. 17-38034 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 7. 17-38037 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 8. 17-38038 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 9. 17-38039 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 10. 17-38055 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 11. 17-38056 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 12. 17-38057 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 13. 17-38058 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 14. 17-38059 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 15. 17-38060 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 16. 17-38062 11/06/2017 Appendix Filed Appendix to Opening Brief Vol. 17. 17-38063 11/15/2017 Order/Procedural Filed Order Granting Motion in Part and Rejecting Brief. Appellant is permitted to file an opening brief consisting of no more than 15,500 words. We direct the clerk to reject the brief submitted via E-Flex on November 3, 2017. Appellant's Compliant Opening Brief due: 15 days. 17-39327 12/01/2017 Brief Filed Appellant Bombardier Transportation (Holdings) USA, Inc.'s Opening Brief. 17-41366 12/01/2017 Notice/Incoming Filed Errata to Appellant Bombardier Transportation (Holdings) USA, Inc.'s Opening Brief 17-41507 12/28/2017 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Nevada Labor Commissioner's Answering Brief due: January 16, 2018. 17-44801 12/29/2017 Order/Clerk's Filed Order Granting Telephonic Extension. Respondent The International Union of Elevator Constructors' Answering Brief due: January 16, 2018. 17-44867 01/03/2018 Notice/Incoming Filed Notice of Appearance (Mark Ricciardi as counsel for Respondent, Clark County). 18-00213 01/05/2018 Order/Clerk's Filed Order Granting Telephonic Extension. Respondent Clark County's Answering Brief due: January 16, 2018. 18-00558 01/12/2018 Motion Filed Nevada Labor Commissioner's Unopposed Motion for Extension of Time to File Answering Brief and Appendix. 18-01842 01/16/2018 Brief Filed Respondent International Union of Elevator Constructor's Answering Brief. 18-02029 01/16/2018 Motion Filed Respondent Clark County's Unopposed Motion for Extension of Time to File Answering Brief and Appendix. 18-02032 01/29/2018 Order/Procedural Filed Order. Respondents shall each have until February 15, 2018, to file and serve an answering brief. Appellant shall have 30 days from service of the last-filed answering brief to file and serve a reply brief, if deemed necessary. 18-03908 02/15/2018 Brief Filed Respondent Nevada Labor Commissioner's Answering Brief. 18-06206 02/15/2018 Brief Filed Respondent Clark County's Answering Brief. 18-06385 02/15/2018 Appendix Filed Respondent Clark County's Appendix. 18-06386 03/15/2018 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: April 2, 2018. 18-10365 04/03/2018 Brief Filed Appellant's Reply Brief. 18-12617 04/03/2018 Case Status Update Briefing Completed/To Screening. 06/19/2018 Order/Clerk's Filed Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument. 18-23436 07/17/2018 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Wednesday, September 5, 2018, at 10:30 a.m. for 30 minutes in Carson City. 18-27247 08/09/2018 Motion Filed Respondent Clark County's Motion to Postpone Oral Argument. 18-30533 08/09/2018 Order/Procedural Filed Order Denying Motion to Postpone Oral Argument. Oral argument remains scheduled for September 5, 2018, at 10:30 a.m., in Carson City. 18-30624 08/22/2018 Notice/Outgoing Issued Oral Argument Reminder Notice. 18-32679 08/27/2018 Notice/Incoming Filed Notice of Appearance for Oral Argument (Holly E. Walker for Respondent Clark County). 18-33461 09/05/2018 Notice/Incoming Filed Amended Notice of Appearance for Oral Argument. 18-34431 09/05/2018 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 01/17/2019 Order/Procedural Filed Order of Assignment. The Honorable Michael L. Douglas, Senior Justice, having previously participated in the above entitled matter, IT IS HEREBY ORDERED that the Honorable Michael L. Douglas, Senior Justice, is assigned to participate in the determination of this matter. (SC) 19-02635 01/17/2019 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Hardesty, J., Majority: Hardesty/Gibbons/Pickering/Parraguirre/Stiglich/Douglas. fn1[The Honorable Elissa F. Cadish and the Honorable Abbi Silver did not participate in the decision of this matter. The Honorable Michael L. Douglas, Senior Justice, was appointed by the court to participate in the decision of this matter.] 135 Nev. Adv. Opn. No. 3. (SC) 19-02636 02/11/2019 Remittitur Issued Remittitur. (SC) 19-06329 02/11/2019 Case Status Update Remittitur Issued/Case Closed. (SC) 03/14/2019 Remittitur Filed Remittitur. Received by District Court Clerk on February 23, 2019. (SC) 19-06329 Combined Case View