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Case Information: 69408
Short Caption:WESTERN CAB CO. VS. DIST. CT. (PERERA)Classification:Original Proceeding - Civil - Mandamus/Prohibition
Related Case(s):68796
Lower Court Case(s):Clark Co. - Eighth Judicial District - A707425Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:SP Status:
Oral Argument:11/08/2016 at 11:30 AMOral Argument Location:Carson City
Submission Date:11/08/2016How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/18/2015Filing FeeFiling fee paid. E-Payment $250.00 from Malani L. Kotchka.
12/18/2015Petition/WritFiled Petition for Writ of Mandamus or Prohibition.15-38901
12/18/2015AppendixFiled Appendix to Petition for Writ - Volume 1.15-38902
12/18/2015AppendixFiled Appendix to Petition for Writ - Volume 2.15-38904
12/18/2015AppendixFiled Appendix to Petition for Writ - Volume 3.15-38905
01/13/2016Order/ProceduralFiled Order/Answer Writ Petition. Real Party in Interest's Answer due: 30 days. Petitioners shall have 15 days from service of the answer to file and serve any reply.16-01234
02/10/2016Order/Clerk'sFiled Order Granting Telephonic Extension. Real Parties in Interests' Answer to Writ Petition due: February 26, 2016.16-04431
02/26/2016Petition/WritFiled Answer of Real Party in Interest to Petition for Writ of Mandamus or Prohibition.16-06131
03/01/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Potential amicus curiae Nevada National Employment Lawyers Association's motion for leave to file an amicus brief in support of the answer to writ petition due: March 22, 2016.16-06615
03/08/2016Order/Clerk'sFiled Order Granting Telephonic Extension. Petitioner's Reply to Answer to Writ Petition due: March 28, 2016.16-07310
03/08/2016MotionFiled Motion by Progressive Leadership Alliance of Nevada For Leave to File Amicus Curiae Brief In Support of Real Parties In Interest's Answering Brief16-07341
03/09/2016MotionFiled Petitioner's Motion for Stay.16-07468
03/17/2016MotionFiled Real Parties in Interest's Response in Opposition to Petitioner's Motion to Stay the District Court Proceedings.16-08538
03/22/2016MotionFiled Reply to Real Parties in Interest's Response in Opposition to Petitioner's Motion for Stay.16-08986
03/23/2016MotionFiled Motion By Nevada Affiliate of the National Employment Lawyers Association for Leave to File Amicus Curiae Brief in Opposition of Petition for Writ of Mandamus.16-09131
03/29/2016Petition/WritFiled Petitioner's Reply to Response of Real Parties in Interest to Petition for Writ of Mandamus or Prohibition.16-09766
03/31/2016Order/ProceduralFiled Order Granting Motions. The clerk of this court shall file the amicus brief received on March 8, 2016. We grant Nevada Affiliate of the National Employment Lawyers Association's (Nevada NELA) motion for leave to file a brief of amicus curiae in support of real parties in interest. Because the brief is not prepared in accordance with NRAP 32, we direct the clerk of this court to reject the amicus brief received on March 23, 2016. Nevada NELA shall have 5 days from the date of this order to file and serve an amicus brief that complies with NRAP 32 and does not exceed 4,573 words.16-10021
03/31/2016BriefFiled Amicus Brief Progressive Leadership Alliance of Nevada's Amicus Curiae Brief In Support of Real Parties In Interest's Answering Brief16-10022
03/31/2016MotionFiled Motion for Leave to Supplement Petitioner's Record as to Motion for Stay. (DETACHED SUPPLEMENT AND FILED PER 06/02/16 ORDER FILED.)16-10167
04/05/2016BriefFiled Amicus Curiae Brief For the Nevada NELA In Support of Respondents and the Real Parties In Interest.16-10672
05/10/2016MotionFiled Petitioner's Motion to Strike Amicus Curiae Brief of the Nevada Affiliate Chapter of the National Employment Lawyers Association in Support of Respondents and the Real Parties in Interest.16-14669
05/25/2016Order/ProceduralFiled Order. Petitioner has filed an unopposed motion to strike the brief of amicus curiae filed by the Nevada Affiliate of the National Employment Lawyers Association (NELA). In support of the motion, petitioner asserts that the amicus brief makes misrepresentations of fact and raises new issues. Having considered the motion and the parties' briefs, we conclude that striking the amicus brief is not warranted and deny the motion. However, we conclude that petitioner should be allowed an opportunity to raise its concerns in a responsive brief. Petitioner's Reply of no more than 5 pages or 2,333 words due: 11 days.16-16438
06/02/2016Order/ProceduralFiled Order Granting Motion For Stay. Having considered these documents as well as the relevant factors, we grant the motion. The district court proceedings in case number A707425 are hereby stayed pending further order of this court. fn1[Petitioner's unopposed motion for leave to file a supplement to the record in support of the motion for stay is granted. The clerk shall detach the supplement, identified as Exhibit 7, from the motion filed on March 31, 2016, and file it separately.]16-17250
06/02/2016AppendixFiled Supplement (identified as Exhibit 7) to the Record in Support of Motion for Stay.16-17254
06/07/2016BriefFiled Petitioner's Reply to Amicus Curiae Brief of the Nevada Affiliate Chapter of the National Employment Lawyers Association in Support of Respondents and the Real Parties in Interest.16-17700
08/29/2016BriefFiled Amicus Curiae Nevada NELA Notice of Supplemental Authority. (STRICKEN PER ORDER 10/21/16).16-26799
08/30/2016MotionFiled Motion to Strike Amicus Curiae Nevada NELA Notice of Supplemental Authority.16-26962
09/27/2016Order/ProceduralFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar.16-30005
10/11/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, November 8, 2016, at 11:30 a.m. for 30 minutes in Carson City.16-31613
10/21/2016Order/ProceduralFiled Order Granting Motion. The clerk shall strike the supplemental authorities filed by NELA on August 29, 2016.16-33067
10/24/2016BriefFiled Real Parties in Interest Notice of Supplemental Authority.16-33121
10/25/2016Notice/OutgoingIssued Oral Argument Reminder Notice.16-33432
10/26/2016BriefFiled Petitioner's Notice of Supplemental Authorities and Response to Real Parties in Interests' Notice of Supplemental Authority.16-33478
11/02/2016MotionFiled Real Parties in Interest's Motion to Supplement the Record.16-34237
11/03/2016Order/ProceduralFiled Order Regarding Motion. Real parties in interest have filed a motion to supplement the record with a document that addresses an argument in the petition. As the propriety of real parties' proposed supplement is intertwined with our review of the merits, we grant the motion to the extent that we will consider it if our review of the petition reveals that it is appropriate.16-34393
11/04/2016MotionFiled Petitioner's Motion to Supplement the Record.16-34428
11/07/2016Order/ProceduralFiled Order Regarding Motion. On November 3, 2016, we entered an order granting the motion of real parties in interest to supplement the record to the extent that we will consider the proposed supplement if our review of the petition reveals that it is appropriate. Petitioner has now filed its own motion to supplement the record. The same considerations expressed in our November 3 order apply to petitioner's proposed supplement, and because the propriety of petitioner's proposed supplement is likewise intertwined with our review of the merits, we grant the motion to the extent that we will consider petitioner's supplement if our review of this matter reveals that it is appropriate.16-34617
11/08/2016Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
03/16/2017Opinion/DispositionalFiled Authored Opinion. "Petition denied." Fn1[The Honorable Lidia S. Stiglich, Justice, did not participate in the decision of this matter.] Before the Court En Banc. Author: Cherry, C.J. Majority: Cherry/Douglas/gibbons/Pickering/Hardesty/Parraguirre. 133 Nev. Adv. Opn. No. 10. EN BANC17-08814
04/03/2017Post-Judgment PetitionFiled Petitioner's Petition for Rehearing on Fuel Costs.17-11007
04/03/2017Filing FeeFiling fee paid. E-Payment $150.00 from Malani L. Kotchka
04/06/2017MotionFiled Petitioner's Motion to File Petition for Rehearing on ERISA Preemption. (DETACHED PETITION FOR REHEARING AND FILED SEPARATELY PER ORDER 4/26/17).17-11430
04/26/2017Order/ProceduralFiled Order Granting Motion. The clerk shall detach the petition for rehearing attached as exhibit 1 to the motion filed on April 6, 2017, and file it separately.17-13852
04/26/2017Post-Judgment PetitionFiled Appellant's Petition for Rehearing on Erisa Preemption.17-13854
05/03/2017BriefFiled Petitioner's Notice of Supplemental Authority.17-14596
05/05/2017MotionFiled Motion of Amicus Curiae for Leave to File a Brief of Amicus Curiae in Support of Petitioner's Petition for Rehearing on ERISA Preemption.17-15059
05/18/2017Post-Judgment OrderFiled Order Denying Rehearing. fn1[The Honorable Lidia Stiglich, Justice did not participate in the decision of this matter.] fn2[We deny the motion for leave to file a brief of amicus curiae in support of petitioner's petition for rehearing on ERISA Preemption filed in this court on May 5, 2017.] EN BANC Pickering, J., dissenting.17-16642
06/12/2017RemittiturIssued Notice in Lieu/Rehearing.17-19232
06/12/2017Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed.