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Case Information: 68523
Short Caption:MDC RESTAURANTS, LLC VS. DIST. CT. (DIAZ) C/W 68754/68770/68845Classification:Original Proceeding - Civil - Mandamus/Prohibition
Consolidated:68523*, 68754, 68770, 68845Related Case(s):67631, 71289
Lower Court Case(s):Clark Co. - Eighth Judicial District - A701633Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:Expedited
To SP/Judge:SP Status:
Oral Argument:04/04/2016 at 1:30 PMOral Argument Location:Regional Justice Center
Submission Date:04/04/2016How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/31/2015Filing FeeFiling fee paid. E-Payment $250.00 from Montgomery Y. Paek.
07/31/2015Petition/WritFiled Petition for Writ of Mandamus or Prohibition.15-23170
07/31/2015AppendixFiled Appendix to Petition for Writ - Volume 1.15-23203
07/31/2015AppendixFiled Appendix to Petition for Writ - Volume 2.15-23204
07/31/2015AppendixFiled Appendix to Petition for Writ - Volume 3.15-23205
07/31/2015AppendixFiled Appendix to Petition for Writ - Volume 4.15-23206
07/31/2015AppendixFiled Appendix to Petition for Writ - Volume 5.15-23207
08/06/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Potential amici Claim Jumper Acquisition Company, LLC; Landry's, Inc.; Landry's Seafood House-Nevada, Inc.; Landry's Seafood House-Arlington, Inc.; Bubba Gump Shrimp Co. Restaurants, Inc.; Bertolini's of Las Vegas, Inc., dba Trevi; and Morton's of Chicago/Flamingo Road Corp., dba Morton's the Steak House shall have until August 25, 2015, to file and serve the motion for leave to file an amicus brief.15-23686
08/24/2015Notice/IncomingFiled Noticeof Consent to Participate as Amici Curiae; Landry's, Inc., Claim Jumper Acquisition Company, LLC, Bubba Gump Shrimp Co., Restaurants, Inc., Bertolini's of Las Vegas, Inc., D/B/A Trevi, and Morton of Chicago/Flamingo Road Corp., D/BA Morton's The Steakhouse for amici curiae.15-25593
08/24/2015BriefFiled Amicus Brief Amici Curiae's Brief in Support of Petition for Writ of Mandamus or Prohibition15-25641
09/11/2015Order/ProceduralFiled Order/Answer Writ Petition. Real Parties in Interests' Answer due: 30 days. Petitioner shall have 15 days after service of the answer to file and serve any reply.15-27512
10/08/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Real parties in interest's Answer to Writ Petition due: October 26, 2015.15-30604
10/09/2015MotionFiled Respondents-in-Consolidation and Petitioners-in-Consolidation's Motion to Consolidate. Nos. 68770/68523/68754/68845.15-30786
10/27/2015Petition/WritFiled Real Parties in Interest's Answer to Petition for Writ of Mandamus or Prohibition.15-32722
10/27/2015AppendixFiled Real Parties in Interest's Appendix.15-32725
10/27/2015Notice/IncomingFiled Errata to Real Parties in Interest's Answer to Petition For Writ of Mandamus or Prohibition.15-32809
11/10/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Petitioners' Reply to Answer to Writ Petition due: November 30, 2015.15-34309
11/13/2015Order/ProceduralFiled Order. We hereby consolidate these matters. Appellants in Docket No. 68770 shall have 15 days from the date of this order to file and serve the opening brief and appendix. Thereafter, respondent shall have 15 days from service of the opening brief and appendix to file the answering brief and appellants shall have 10 days from service of the answering brief to file and serve a reply brief, if any. Respondents in Docket Nos. 68754 and 68845 and petitioners in Docket No. 68523 shall have 15 days from the date of this order to file and serve a combined answering brief in Docket Nos. 68754 and 68845 and reply to answer to writ petition in Docket No. 68523 of no more than 45 pages or 21,000 words. Appellants in Docket Nos. 68754 and 68845 shall have 10 days from service of the combined answering brief and reply to writ petition to file a combined reply brief, if any, of no more than 30 pages or 14,000 words. The disposition of these consolidated matters will be expedited to the extent this court's docket will allow. Nos. 68523/68754/68770/68845.15-34695
11/19/2015MotionFiled Petitioner's Motion to Stay. Nos. 68523/68754/68770/68845.15-35470
11/30/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Pursuant to a telephonic request received on November 25, 2015, respondents in Docket Nos. 68754 and 68845 and petitioners in Docket No. 68523 shall have until December 14, 2015, to file and serve the combined answering brief and reply to answer to writ petition. Nos. 68523/68754/68770/68845.15-36256
11/30/2015AppendixFiled Joint Appendix Volume I of II. Nos. 68523/68754/68770/68845.15-36329
11/30/2015AppendixFiled Joint Appendix Volume II of II. Nos. 68523/68754/68770/68845.15-36330
11/30/2015BriefFiled Opening Brief of the State of Nevada, Office of the Labor Commissioner. Nos. 68523/68754/68770/68845.15-36339
12/01/2015MotionFiled Real Parties in Interest's Response to Petitioners' Motion to Stay. Nos. 68523/68754/68770/68845.15-36372
12/03/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Pursuant to a telephonic request received on December 3, 2015, potential amici Claim Jumper Acquisition Company, LLC; Landry's, Inc.; Landry's Seafood House-Nevada, Inc.; Landry's Seafood House? Arlington, Inc.; Bubba Gump Shrimp Co. Restaurants, Inc.; Bertolini's of Las Vegas, Inc., dba Trevi; Morton's of Chicago/Flamingo Road Corp., dba Morton's the Steak House; and Nevada Restaurant Services, Inc,. dba Dotty's, shall have until December 23, 2015, to file and serve the motion for leave to file an amicus brief in support of the opening brief filed on behalf of appellants in docket no 68770. Nos. 68523/68754/68770/68845.15-36892
12/03/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Cody C. Hancock's Answering Brief in Docket No. 68770 due: December 29, 2015. Nos. 68523/68754/68770/68845.15-36971
12/04/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Pursuant to a telephonic request received on December 3, 2015, potential amicus curiae Briad Restaurant Group, LLC shall have until December 23, 2015, to file and serve the motion for leave to file an amicus brief in support of the opening brief filed on behalf of appellants in Docket No. 68770. Nos. 68523/68754/68770/68845.15-37002
12/04/2015MotionFiled Motion for Permission to File Amicus Brief Curiae Nevada Restaurant Association. Nos. 68523/68754/68770/6884515-37022
12/07/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Petitioners Reply to Response to Motion for Stay due: December 22, 2015. Nos. 68523/68754/68770/68845.15-37164
12/08/2015MotionFiled NRA and LVMCC's Motion for Leave to Apear as Amici Curiae. Nos. 68523/68754/68770/68845. (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 1/21/16).15-37406
12/14/2015BriefFiled Briad's Answering Brief and Answer to Writ of Petition; Wendy's & Cedar's Answering Brief and Answer to Writ Petition AND MDC's Reply in support of Writ of Mandamus or Prohibition. Nos. 68523/68754/68770/68845.15-38080
12/14/2015AppendixFiled Appendix to Briad's Answering Brief and Answer to Writ of Petition; Wendy's & Cedar's Answering Brief and Answer to Writ Petition AND MDC's Reply in support of Writ of Mandamus or Prohibition. Nos. 68523/68754/68770/68845.15-38082
12/16/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Appellants in Docket Nos. 68754 and 68845 Combined Reply Brief due: January 12, 2016. Nos. 68523/68754/68770/68845.15-38336
12/21/2015Notice/IncomingFiled Substitution of Attorneys (Morris Polich & Purdy to Replace Littler Mendelson as counsel for Petitioners). Nos. 68523/68754/68770/68845.15-38957
12/22/2015MotionFiled Petitioner's Reply in Support of Motion to Stay. Nos. 68523/68754/68770/68845.15-39321
12/23/2015MotionFiled Briad Restaurant Group's Motion for Leave to File Amicus Curiae Brief in Support of Appellants State of NV, Labor Commissioner and Shannon Chambers Appeal of Dist. Court Order Invalidating NAC 608.104. Nos. 68523/68754/68770/68845.15-39367
12/23/2015Notice/IncomingFiled Notice of Consent to Participate as Amici Curiae in Case No. 68770, State of Nevada v. Hancock. Nos. 68523/68754/68770/68845.15-39460
12/29/2015BriefFiled Respondent Cody Hancock's Answering Brief (Nevada Supreme Court Case No. 68770). Nos. 68523/68754/68770/68845.15-39891
01/12/2016BriefFiled Appellants Collins Kwayisi's and Erin Hanks' Consolidated Reply Brief (68754 and 68845). Nos. 68523/68754/68770/68845.16-01008
01/14/2016BriefFiled Reply Brief of the State of Nevada, Office of the Labor Commissioner.16-01286
01/21/2016Order/ProceduralFiled Order Granting Motions. We direct the clerk of this court to file the amicus brief of Nevada Restaurant Association received on December 4, 2015. We direct the clerk of this court to detach the amicus brief of Nevada Resort Association and the Las Vegas Metropolitan Chamber of Commerce from the motion for leave to appear as amici filed on December 8, 2015, and to file the brief separately. We direct the clerk of this court to file the amicus brief (Bubba Gump Shrimp Co., Claim Jumper, Landry's Restaurants & Landry's Inc.) received on December 23, 2015. We direct the clerk of this court to file the amicus brief (Briad Restaurant Group) and appendix provisionally received on December 23, 2015. We deny the requests for leave to participate in oral argument at this time without prejudice to the parties' right to refile them if oral argument is ordered. Nos. 68523/68754/68770/68845.16-02120
01/21/2016BriefFiled Amicus Brief - Nevada Restaurant Association. Nos. 68523/68754/68770/68845.16-02119
01/21/2016BriefFiled Amicus Brief - The Nevada Resort Association and Las Vegas Metropolitan Chamber of Commerce. (DETACHED FROM MOTION FILED ON 12/8/15 AND FILED SEPARATELY PER ORDER 1/21/16). Nos. 68523/68754/68770/68845.16-02125
01/21/2016BriefFiled Amicus Brief - Bubba Gump Shrimp Co., Restaurants, Inc., Claim Jumper Acquisition Company, LLC, Landry's Restaurants, Inc., and Landry's Inc. Nos. 68523/68754/68770/68845.16-02130
01/21/2016BriefFiled Amicus Brief - Briad Restaurant Group, LLC. Nos. 68523/68754/68770/68845.16-02139
01/21/2016AppendixFiled Appendix to Amicus Brief - Briad Restaurant Group, LLC, Vol. 1. Nos. 68523/68754/68770/68845.16-02140
01/21/2016AppendixFiled Appendix to Amicus Brief - Briad Restaurant Group, LLC, Vol. 2. Nos. 68523/68754/68770/68845.16-02141
01/28/2016Order/ProceduralFiled Order Denying Stay. Having considered the motion for stay, the opposition, and the reply, we conclude that a stay is not warranted at this time. Accordingly, we deny the motion for stay without prejudice to the parties' right to refile the motion if circumstances so warrant. Nos. 68523/68754/68770/68845.16-02997
02/04/2016MotionFiled Motion of National Restaurant Association to Join Amicus Curia Brief of Nevada Restaurant Association. Nos. 68523/68754/68770/68845.16-03853
02/17/2016Order/ProceduralFiled Order Granting Motion. The motion of National Restaurant Association to join in the amicus brief filed by Nevada Restaurant Association on January 21, 2016, is granted. Nos. 68523/68754/68770/68845.16-05155
02/22/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, April 4, 2016, at 1:30 p.m. for 30 minutes in Las Vegas.16-05533
03/07/2016MotionFiled Renewed Request of Amici Curiae to Participate in Oral Argument. Nos. 68523/68754/68770/68845.16-07153
03/21/2016Notice/OutgoingIssued Oral Argument Reminder Notice.16-08822
03/24/2016Notice/IncomingFiled Notice of Appearance at Oral Argument.16-09362
03/28/2016Notice/IncomingFiled Notice of Appearance at Oral Argument (Scott R. Davis, Senior Deputy Attorney General of the State of Nevada appearing on behalf of The State of Nevada, Office of the Labor Commissioner, and Shannon Chambers.) Nos. 68523/68754/68770/68845.16-09653
03/28/2016Notice/IncomingFiled Notice of Appearance at Oral Argument.16-09702
03/29/2016Notice/IncomingFiled Notice of Appearance for Oral Argument. Nos. 68523/68754/68770/6884516-09743
03/31/2016Order/ProceduralFiled Order Denying Motion. Counsel for amici curiae Nevada Restaurant Association and National Restaurant Association have filed a motion to participate in oral argument. The motion is denied. Nos. 68523/68754/68770/68845.16-10084
04/04/2016Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
10/27/2016Opinion/DispositionalFiled Authored Opinion. "Petition granted (Docket No. 68523); certified questions answered (Docket Nos. 68754 and 68845); and appeal affirmed in part, reversed in part, and remanded (Docket No. 68770)." Direct the clerk of this court to issue a writ of mandamus to the district court directing the district court to vacate its partial summary judgment order and hold further proceedings in accordance with this opinion. Fn1[The Honorable Nancy M. Saitta, Justice, having retired, this matter was decided by a six-justice court.] Before the Court En Banc. Author: Douglas, J. Majority: Douglas/Parraguirre/Hardesty/Cherry/Gibbons/Pickering. 132 Nev. Adv. Opn. No. 76. EN BANC Nos. 68523/68754/68770/6884516-33623
10/27/2016WritIssued Writ with letter. Original and one copy of writ and copy of the Opinion mailed to Attorney Nicholas M. Wieczorek for service upon Judge Timothy C. Williams. Nos. 68523/68754/68770/68845.16-33684
11/03/2016WritFiled Returned Writ. Original Writ returned. Served on Judge Timothy C. Williams on October 31, 2016. Nos. 68523/68754/68770/68845.16-34373
11/21/2016RemittiturIssued Notice in Lieu of Remittitur. Nos. 68523/68754/68770/68845.16-36232
11/21/2016Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed. Nos. 68523/68754/68770/68845.
02/15/2017Notice/OutgoingIssued Letter to Publishers regarding corrections on recently filed opinions. Nos. 68987/(61715/65819/66452)/66094/68434/(69611/70648)/(68523/68754/68770/68845)/(68949/68975)/69065/68033/69218 (Filed in Docket no. 68989, Document no. 17-05409)