Martel v. HG Staffing, LLC , 2022 NV 56 ( 2022 )

82161: Case View

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Cases Participant Search 22-25125: 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: 82161 Short Caption: MARTEL VS. HG STAFFING, LLC Court: Supreme Court Related Case(s): 79118 Lower Court Case(s): Washoe Co. - Second Judicial District - CV1601264 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 12/09/2020 / Andrews, Jonathan SP Status: Completed Oral Argument: 05/16/2022 at 1:30 PM Oral Argument Location: Carson City Submission Date: 05/16/2022 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Eddy Martel Joshua D. Buck (Thierman Buck LLP) Joshua R. Hendrickson (Thierman Buck LLP) Leah L. Jones (Thierman Buck LLP) Mark R. Thierman (Thierman Buck LLP) Appellant Janice Jackson-Williams Joshua D. Buck (Thierman Buck LLP) Joshua R. Hendrickson (Thierman Buck LLP) Leah L. Jones (Thierman Buck LLP) Mark R. Thierman (Thierman Buck LLP) Appellant Mary Anne Capilla Joshua D. Buck (Thierman Buck LLP) Joshua R. Hendrickson (Thierman Buck LLP) Leah L. Jones (Thierman Buck LLP) Mark R. Thierman (Thierman Buck LLP) Appellant Whitney Vaughan Joshua D. Buck (Thierman Buck LLP) Joshua R. Hendrickson (Thierman Buck LLP) Leah L. Jones (Thierman Buck LLP) Mark R. Thierman (Thierman Buck LLP) Respondent HG Staffing, LLC Chris Davis (Former) Diana G. Dickinson (Littler Mendelson, P.C./Las Vegas) Susan Heaney Hilden (Former) Montgomery Y. Paek (Littler Mendelson, P.C./Las Vegas) Respondent MEI-GSR Holdings, LLC Chris Davis (Former) Diana G. Dickinson (Littler Mendelson, P.C./Las Vegas) Susan Heaney Hilden (Former) Montgomery Y. Paek (Littler Mendelson, P.C./Las Vegas) Docket Entries Date Type Description Pending? Document 12/04/2020 Filing Fee Filing Fee due for Appeal. (SC) 12/04/2020 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC) 20-43949 12/04/2020 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (SC) 20-43952 12/04/2020 Filing Fee E-Payment $250.00 from Mark R. Thierman. (SC) 12/04/2020 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. Docketing Statement mailed to counsel for appellants - due: 21 days. (SC) 20-44004 12/09/2020 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Jonathan L. Andrews. (SC) 20-44756 12/17/2020 Docketing Statement Filed Docketing Statement Civil Appeals. (SC) 20-45676 01/15/2021 Settlement Program Report Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC) 21-01380 01/21/2021 Settlement Order/Procedural Filed Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 14 days transcript request; 90 days opening brief. (SC) 21-01766 01/29/2021 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 07/19/18. To Court Reporter: Sunshine Litigation Services. (SC) 21-02774 04/22/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellants' opening brief and appendix due: May 5, 2021. (SC) 21-11590 04/23/2021 Motion Filed Appellants' Motion for Leave to Amend Docketing Statement. (SC) 21-11832 04/29/2021 Order/Procedural Filed Order Granting Motion and to show cause. Appellants' motion for leave to file an amended docketing statement is granted to the following extent. Appellants shall have 7 days from the date of this order to file and serve an amended docketing statement. Appellant's response to order to show cause due: 30 days. Respondents may file any reply within 14 days of service of appellants' response. Briefing Suspended. (SC) 21-12334 04/30/2021 Docketing Statement Filed Amended Docketing Statement Civil Appeals. (SC) 21-12473 06/01/2021 Motion Filed Appellants' Response to Order to Show Cause. (SC) 21-15553 06/15/2021 Order/Procedural Filed Order. This court construes the response as a motion for an extension of time to respond to this court's order to show cause, and the motion is granted to the following extent. Appellants shall have until July 15, 2021, to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents shall have 14 days from service of appellants' response to file and serve any reply. The briefing schedule in this appeal remains suspended pending further order of this court. (SC) 21-17283 06/22/2021 Motion Filed Appellants' Supplemental Response to Order to Show Cause and Request to Reinstate/Set Briefing Schedule. (SC) 21-18028 07/12/2021 Order/Procedural Filed Order Reinstating Briefing. Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix. (SC) 21-19978 08/11/2021 Brief Filed Appellants' Opening Brief. (SC) 21-23398 08/11/2021 Appendix Filed Joint Appendix. Volume 1. (SC) 21-23400 08/11/2021 Appendix Filed Joint Appendix. Volume 2. (SC) 21-23402 08/11/2021 Appendix Filed Joint Appendix. Volume 3. (SC) 21-23404 08/11/2021 Appendix Filed Joint Appendix. Volume 4. (SC) 21-23403 08/11/2021 Appendix Filed Joint Appendix. Volume 5. (SC) 21-23405 08/11/2021 Appendix Filed Joint Appendix. Volume 6. (SC) 21-23406 08/11/2021 Appendix Filed Joint Appendix. Volume 7. (SC) 21-23407 08/11/2021 Appendix Filed Joint Appendix. Volume 8. (SC) 21-23409 08/11/2021 Appendix Filed Joint Appendix. Volume 9. (SC) 21-23408 08/11/2021 Appendix Filed Joint Appendix. Volume 10. (SC) 21-23410 08/11/2021 Appendix Filed Joint Appendix. Volume 11 (SC) 21-23411 08/11/2021 Appendix Filed Joint Appendix. Volume 12. (SC) 21-23412 08/11/2021 Appendix Filed Joint Appendix. Volume 13. (SC) 21-23413 08/11/2021 Appendix Filed Joint Appendix. Volume 14. (SC) 21-23414 08/11/2021 Appendix Filed Joint Appendix. Volume 15. (SC) 21-23416 08/11/2021 Appendix Filed Joint Appendix. Volume 16. (SC) 21-23417 09/07/2021 Notice/Incoming Filed Substitution of Counsel for Respondents (The Law Firm of Littler Mendelson, P.C. hereby substitutes in the place of Cohen-Johnson, LLC; Susan Hilden and Chris Davis as attorneys of record for Respondents). (SC) 21-25928 09/08/2021 Motion Filed Stipulation for Extension to File Answering Brief. (SC) 21-26008 09/10/2021 Order/Procedural Filed Order. Attorneys Diana G. Dickinson and Montgomery Y. Paek of Littler Mendelson, P.C. have filed a substitution of counsel indicating that they are substituting as counsel of record for respondents in the place of attorneys Chris Davis and Susan Heaney Hilden. Accordingly, the clerk of this court shall add Ms. Dickinson and Mr. Paek as counsel for respondents and remove Mr. Davis and Ms. Heaney Hilden. The stipulation of the parties extending the time for filing the answering brief is approved. Answering brief due: October 11, 2021. (SC) 21-26270 10/11/2021 Brief Filed Respondents' Answering Brief. (SC) 21-29179 11/02/2021 Order/Clerk's Filed Filed Order Granting Telephonic Extension. Appellants' Reply Brief due: November 24, 2021. (SC) 21-31524 11/24/2021 Motion Filed Appellants' Motion to Exceed Type-Volume Limit for Appellants' Reply Brief. (SC) 21-33859 11/24/2021 Brief Filed Appellants' Reply Brief. (SC) 21-33860 11/30/2021 Motion Filed Respondent's Opposition to Appellants' Motion to Exceed Type-Volume Limit for Appellants' Reply Brief. (SC) 21-34102 12/03/2021 Order/Procedural Filed Order Granting Motion. Appellants have filed a motion requesting leave to file a reply brief in excess of the type-volume limitation. Respondents oppose the motion. Cause appearing, the motion is granted. NRAP 32(a)(7)(D). The reply brief was filed on November 24, 2021. (SC). 21-34572 12/03/2021 Case Status Update Briefing Completed/To Screening. (SC). 04/01/2022 Order/Procedural Filed Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in this matter. Accordingly, oral argument is scheduled for May 16, 2022, at 1:30 p.m., in Carson City. The argument shall be limited to 30 minutes. (SC) 22-10240 04/29/2022 Notice/Incoming Filed Notice of Appearance at Oral Argument. (SC) 22-13633 05/03/2022 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 22-13982 05/16/2022 Case Status Update Oral argument held this day. Case submitted for decision. Before the Court En Banc. (SC). 08/11/2022 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Stiglich, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Silver/Pickering/Herndon. 138 Nev. Adv. Opn. No. 56. En Banc. (THIS OPINION WAS AMENDED PER THE ORDER AND AMENDED OPINION FILED ON 9/8/22). (SC). 22-25125 08/25/2022 Notice/Incoming Filed Respondent's Verified Bill of Costs Pursuant to NRAP 39. (SC) 22-26587 09/08/2022 Order/Procedural Filed Order Amending Opinion. On August 11, 2022, this court issued an opinion affirming the district court's final judgment. The opinion is amended as follows. On page 2, we strike the first paragraph and replace it. On page 8, we strike the last sentence and replace it. The amended opinion, which replaces the opinion filed on August 11, is being filed concurrently with this order. (SC) 22-28109 09/08/2022 Opinion/Dispositional Filed Amended, Authored Opinion. "Affirmed." Before the Court En Banc. Author: Stiglich, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Silver/Pickering/Herndon. 138 Nev. Adv. Opn. No. 56. En Banc. (SC). 22-28110 09/13/2022 Order/Procedural Filed Order Approving Bill of Costs. The clerk of this court shall issue an itemized statement of costs in the amount of $207.65 for insertion in the remittitur. (SC) 22-28573 09/13/2022 Remittitur Issued Memorandum of Costs. Costs allowed and taxed: $207.65. (SC) 22-28580 09/13/2022 Remittitur Issued Remittitur/Memorandum of Costs and Disbursement. (SC) 22-28582 09/13/2022 Case Status Update Remittitur Issued/Case Closed. (SC) 09/22/2022 Remittitur Filed Remittitur. Received by District Court Clerk on September 15, 2022. (SC) 22-28582 Combined Case View