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Case Information: 71101
Short Caption:BOMBARDIER TRANSP. (HOLDINGS) USA INC. VS. NEVADA LABOR COMM'RCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A698764Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:08/24/2016 / Shirinian, AraSP Status:Completed
Oral Argument:09/05/2018 at 10:30 AMOral Argument Location:Carson City
Submission Date:09/05/2018How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/23/2016Filing FeeFiling Fee Paid. $250.00 from Jackson Lewis P.C. Check no. 7691.
08/23/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)16-26307
08/23/2016Notice/OutgoingIssued 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
08/23/2016Notice/IncomingFiled Notice. Initial Appearance Fee Disclosure.16-26316
08/24/2016Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian.16-26444
09/09/2016Notice/IncomingFiled Notice of Appearance (Robert Werbicky as counsel for Respondent Nevada Labor Commission).16-27958
09/09/2016Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge (Notice of Appearance).16-27967
09/09/2016Notice/IncomingFiled Certificate of Service (Notice of Appearance Served on Settlement Judge).16-28042
09/12/2016Docketing StatementFiled Appellant's Docketing Statement.16-28299
09/13/2016Notice/IncomingFiled Certificate of Service. Appellants Exhibits 1.2.3. and.4 to Docketing Statement. (Amended Docketing Statement attached.)16-28363
09/15/2016Settlement Program ReportFiled 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
11/07/2016Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.16-34739
11/14/2016Settlement Order/ProceduralFiled 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
12/01/2016Transcript RequestFiled Certificate That No Transcript Is Being Requested.16-37180
02/10/2017MotionFiled Appellant's Unopposed Motion for Extension of Time to File Opening Brief and Appendix.17-04795
02/10/2017Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Brief due: March 15, 2017.17-04811
03/10/2017MotionFiled Appellant's Second Unopposed Motion for Extension of Time to File Opening Brief and Appendix.17-08166
03/14/2017Order/ProceduralFiled Order Granting Motion. Opening Brief & Appendix due: April 14, 2017.17-08569
03/14/2017MotionFiled Respondent Nevada Labor Commissioner's Motion to Dismiss the Appeal and to Stay the Briefing Schedule.17-08573
03/21/2017Order/Clerk'sFiled 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
04/04/2017MotionFiled Appellant's Unopposed Motion for Extension of Time to File Opposition to Motion to Dismiss the Appeal and to Stay the Briefing Schedule17-11119
04/12/2017Order/ProceduralFiled 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
04/20/2017MotionFiled Appellant's Motion to Exceed Page Limits in its Opposition to Motion to Dismiss.17-13246
07/17/2017Order/ProceduralFiled 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
07/17/2017MotionFiled Appellant's Opposition to Motion to Dismiss the Appeal.17-23614
07/17/2017MotionFiled Respondent's Reply in Support of Motion to Dismiss the Appeal.17-23615
07/26/2017MotionFiled Appellant's Unopposed Motion for Extension of Time to File Opening Brief and Appendix.17-24840
08/01/2017Order/ProceduralFiled Order Granting Motion. Opening Brief and Appendix due: September 15, 2017.17-25504
09/11/2017MotionFiled Appellant's Unopposed Motion for Extension of Time to File Opening Brief and Appendix.17-30362
09/13/2017Order/ProceduralFiled Order Granting Motion. Opening Brief and Appendix due: October 13, 2017.17-30721
10/13/2017MotionFiled Appellant's Motion for Extension of Time to File Opening Brief and Appendix.17-34994
10/18/2017Order/ProceduralFiled Order. Opening Brief and Appendix due: November 3, 2017.17-35645
11/03/2017MotionFiled Appellant's Motion to Exceed Page Limit in its Opening Brief.17-37809
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 1.17-38026
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 2.17-38027
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 3.17-38028
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 4.17-38031
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 5.17-38032
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 6.17-38034
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 7.17-38037
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 8.17-38038
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 9.17-38039
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 10.17-38055
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 11.17-38056
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 12.17-38057
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 13.17-38058
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 14.17-38059
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 15.17-38060
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 16.17-38062
11/06/2017AppendixFiled Appendix to Opening Brief Vol. 17.17-38063
11/15/2017Order/ProceduralFiled 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
12/01/2017BriefFiled Appellant Bombardier Transportation (Holdings) USA, Inc.'s Opening Brief.17-41366
12/01/2017Notice/IncomingFiled Errata to Appellant Bombardier Transportation (Holdings) USA, Inc.'s Opening Brief17-41507
12/28/2017Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Nevada Labor Commissioner's Answering Brief due: January 16, 2018.17-44801
12/29/2017Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent The International Union of Elevator Constructors' Answering Brief due: January 16, 2018.17-44867
01/03/2018Notice/IncomingFiled Notice of Appearance (Mark Ricciardi as counsel for Respondent, Clark County).18-00213
01/05/2018Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent Clark County's Answering Brief due: January 16, 2018.18-00558
01/12/2018MotionFiled Nevada Labor Commissioner's Unopposed Motion for Extension of Time to File Answering Brief and Appendix.18-01842
01/16/2018BriefFiled Respondent International Union of Elevator Constructor's Answering Brief.18-02029
01/16/2018MotionFiled Respondent Clark County's Unopposed Motion for Extension of Time to File Answering Brief and Appendix.18-02032
01/29/2018Order/ProceduralFiled 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
02/15/2018BriefFiled Respondent Nevada Labor Commissioner's Answering Brief.18-06206
02/15/2018BriefFiled Respondent Clark County's Answering Brief.18-06385
02/15/2018AppendixFiled Respondent Clark County's Appendix.18-06386
03/15/2018Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: April 2, 2018.18-10365
04/03/2018BriefFiled Appellant's Reply Brief.18-12617
04/03/2018Case Status UpdateBriefing Completed/To Screening.
06/19/2018Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument.18-23436
07/17/2018Notice/OutgoingIssued 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
08/09/2018MotionFiled Respondent Clark County's Motion to Postpone Oral Argument.18-30533
08/09/2018Order/ProceduralFiled 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
08/22/2018Notice/OutgoingIssued Oral Argument Reminder Notice.18-32679
08/27/2018Notice/IncomingFiled Notice of Appearance for Oral Argument (Holly E. Walker for Respondent Clark County).18-33461
09/05/2018Notice/IncomingFiled Amended Notice of Appearance for Oral Argument.18-34431
09/05/2018Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
01/17/2019Order/ProceduralFiled 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
01/17/2019Opinion/DispositionalFiled 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
02/11/2019RemittiturIssued Remittitur. (SC)19-06329
02/11/2019Case Status UpdateRemittitur Issued/Case Closed. (SC)