Payne Vs. State, Dep'T Of Emp'T

81763: Case View

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Cases Participant Search 21-26385: 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: 81763 Short Caption: PAYNE VS. STATE, DEP'T OF EMP'T Court: Supreme Court Related Case(s): 81582 Lower Court Case(s): Washoe Co. - Second Judicial District - CV2000755 Classification: Civil Appeal - General - Other Disqualifications: Silver Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 09/10/2020 / Levitt, Lansford SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: 06/04/2021 How Submitted: On Briefs + Party Information Role Party Name Represented By Amicus Curiae Nevada Legal Services/Las Vegas Kristopher S. Pre (Nevada Legal Services/Las Vegas) Amicus Curiae U. S. Department of Justice U. S. Department of Justice Appellant/Cross-Respondent Amethyst Payne 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/Cross-Respondent Anthony Napolitano 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/Cross-Respondent Charles Ploski 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/Cross-Respondent Dariush Naimi 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/Cross-Respondent Elaina Abing 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/Cross-Respondent Iris Podesta-Mireles 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/Cross-Respondent Isaiah Pavia-Cruz 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/Cross-Respondent Ralph Wyncoop 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/Cross-Respondent Scott Howard 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/Cross-Respondent Tabitha Asare 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/Cross-Respondent Victoria Waked 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/Cross-Respondent William Turnley 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/Cross-Appellant Dennis Perea Jeffrey M. Conner (Attorney General/Carson City) Aaron D. Ford (Attorney General/Carson City) Gregory D. Ott (Attorney General/Carson City) Robert A. Whitney (Attorney General/Las Vegas) Respondent/Cross-Appellant Heather Korbulic Jeffrey M. Conner (Attorney General/Carson City) Aaron D. Ford (Attorney General/Carson City) Gregory D. Ott (Attorney General/Carson City) Robert A. Whitney (Attorney General/Las Vegas) Respondent/Cross-Appellant Kimberly Gaa Jeffrey M. Conner (Attorney General/Carson City) Aaron D. Ford (Attorney General/Carson City) Gregory D. Ott (Attorney General/Carson City) Robert A. Whitney (Attorney General/Las Vegas) Respondent/Cross-Appellant State of Nevada, Department of Employment, Training and Rehabilitation Jeffrey M. Conner (Attorney General/Carson City) Aaron D. Ford (Attorney General/Carson City) Gregory D. Ott (Attorney General/Carson City) Robert A. Whitney (Attorney General/Las Vegas) Docket Entries Date Type Description Pending? Document 09/10/2020 Filing Fee Filing Fee due for Appeal. (SC) 09/10/2020 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC) 20-33345 09/10/2020 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) 20-33348 09/10/2020 Filing Fee Cross-Appeal Filing Fee Waived. State/County/Municipality. (SC) 09/10/2020 Notice of Appeal Documents Filed Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) (SC) 20-33349 09/10/2020 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. (SC) 20-33354 09/10/2020 Filing Fee E-Payment $250.00 from Mark R. Thierman. (Appellant/Cross-Respondent) (SC) 09/10/2020 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. (SC). 20-33432 09/17/2020 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for September 29, 2020, at 9:00 AM. via Zoom. (SC) 20-34332 09/30/2020 Docketing Statement Filed Appellant/Cross-Respondent's Docketing Statement Civil Appeals. (SC) 20-35823 09/30/2020 Notice/Outgoing Issued Notice to Provide Proof of Service on Settlement Judge. (SC) 20-35893 10/02/2020 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 20-36355 10/02/2020 Docketing Statement Filed Respondent/Cross-Appellants' Docketing Statement Civil Appeals. (SC) 20-36366 10/02/2020 Docketing Statement Filed Cross-Appellant's Supplement to Docketing Statement for Civil Appeals. (SC) 20-36367 10/05/2020 Notice/Outgoing Issued Notice to Provide Proof of Service on Settlement Judge. 20-36410 10/05/2020 Notice/Incoming Filed Proof of Service on Settlement Judge (Docketing Statement Civil Appeals). (SC) 20-36424 10/07/2020 Settlement Order/Procedural Filed Order Reinstating Briefing. The parties were unable to agree to a settlement. Appellant(s) and Respondent(s): 14 days transcript request; Appellant(s): 90 days opening brief and appendix. Respondent(s): 30 days from opening brief to file combined answering brief on appeal and opening brief on cross-appeal. Appellant(s): 30 days from that combined brief to file combined reply brief on appeal and answering brief on cross-appeal. Respondent(s): 14 days from that combined brief to file reply brief on cross-appeal. (SC) 20-36755 10/08/2020 Notice/Incoming Filed Respondent/Cross-Appellant's Proof of Service on Settlement Judge. (SC) 20-36966 10/09/2020 Motion Filed Appellants' Emergency Motion for Immediate Relief or, in the Alternative, an Expedited Briefing Schedule. (Relief needed by: Friday, October 23, 2020 at 9:00 a.m.). (SC) 20-37286 10/09/2020 Notice/Incoming Filed Appellants' NRAP 27(e) Certificate of Counsel. (SC) 20-37287 10/13/2020 Notice/Incoming Filed Notice of Appearance (Jeffrey M. Conner, Deputy Solicitor General as counsel for respondents/cross-appellants). (SC) 20-37466 10/15/2020 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 7/7/20, 7/20/20, 7/30/20,8/7/20, 8/20/20, and 9/10/20. To Court Reporter: Isolde Zihn. (Respondent/Cross-Appellant) (SC) 20-37914 10/16/2020 Motion Filed Cross-Appellants' Response to Appellants' Emergency Motion for Immediate Relief or, in the Alternative, an Expedited Briefing Schedule. (SC) 20-38200 10/21/2020 Order/Procedural Filed Order Granting in Part and Denying in Part Motion for Immediate Relief. Having reviewed the motion, opposition, and supporting documents, we conclude that expedited briefing is warranted. Accordingly, appellants shall have 28 days from the date of this order to file and serve the opening brief and appendix. Respondents shall then have 21 days from the date that the opening brief is served to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 14 days from when the answering/opening brief is served to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 14 days from the date the reply/answering brief is served to file and serve any reply brief on cross-appeal. Appellants' request for immediate relief in the form of payments and otherwise is denied. (SC) 20-38545 10/21/2020 Order/Procedural Filed Notice of Voluntary Disclosure (Justice Silver). The parties will have 10 days from the date of this order to file any objection based on my disclosure. (SC) 20-38586 10/21/2020 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 08/07/20, 08/20/20, 09/10/20 and 10/20/20. To Court Reporter: Isolde Zihn (REJECTED PER NOTICE ISSUED 10/21/20). (SC) 10/21/2020 Notice/Outgoing Issued Notice of Deficient Transcript Request. (SC) 20-38651 10/21/2020 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 08/07/20, 08/20/20, 09/10/20 and 10/20/20. To Court Reporter: Isolde Zihn. (SC) 20-38666 10/27/2020 Motion Filed Appellant's Verified Motion to Disqualify and/or Recuse, with Attorney's Certificate and Affidavit in Support Thereof. NRS 1.230 and NRAP Rule 35. (SC) 20-39302 10/28/2020 Motion Filed Appellants' Revised Verified Motion to Disqualify and/or Recuse, with Attorney's Certificate and Affidavit in Support Thereof. NRS 1.230 NCJC Rule 2.11(A)2 and NRAP Rule 35. (SC) 20-39480 11/03/2020 Order/Procedural Filed Notice of Voluntary Recusal. I have no personal bias or prejudice concerning any of the parties to this proceeding, nor do I possess any personal knowledge of the facts that are in dispute. Moreover, I believe that I could be fair and impartial in this matter. I also understand my judicial obligation to preside over cases that come before this court. However, to avoid any appearance of impropriety, I have decided to voluntarily recuse myself in this case due to my relationship to Rosa Mendez, who is employed by appellant/cross-respondent State of Nevada, Department of Employment, Training and Rehabilitation. (SC) 20-39970 11/04/2020 Order/Procedural Filed Order. On October 28, 2020, appellants/cross-respondents filed a motion to disqualify Justice Silver in this matter. In light of Justice Silver's notice of recusal filed on November 3, 2020, no action will be taken on the disqualification motion. (SC) 20-40137 11/04/2020 Transcript Filed Notice from Court Reporter. Isolde Zihn stating that the requested transcripts were delivered. Dates of transcripts: 07/07/20, 07/20/20, 07/30/20, 08/07/20, 08/20/20 and 09/10/20. (SC) 20-40181 11/18/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellants/cross-respondents' opening brief and appendix due: December 2, 2020. (SC) 20-42096 11/24/2020 Brief Filed Appellants/Cross-Respondents' Opening Brief. (REJECTED PER NOTICE ISSUED 11/25/20). (SC) 11/24/2020 Appendix Filed Appendix to Opening Brief - Volumes 7-11. (SC) 20-42909 11/24/2020 Appendix Filed Appendix to Opening Brief - Volumes 12-17. (SC) 20-42911 11/24/2020 Appendix Filed Appendix to Opening Brief - Volumes 18-21. (SC) 20-42912 11/24/2020 Appendix Filed Appendix to Opening Brief - Volumes 22-27. (SC) 20-42914 11/24/2020 Appendix Filed Appendix to Opening Brief - Volumes 28-32. (SC) 20-42916 11/24/2020 Appendix Filed Appendix to Opening Brief - Volumes 33-36. (SC) 20-42917 11/24/2020 Appendix Filed Appendix to Opening Brief - Volumes 37-39. (SC) 20-42918 11/25/2020 Notice/Outgoing Issued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. 20-43055 11/25/2020 Brief Filed Appellant's Opening Brief. (SC) 20-43097 11/25/2020 Appendix Filed Appendix to Opening Brief - Volume 1. (SC) 20-43098 11/25/2020 Appendix Filed Appendix to Opening Brief - Volume 2. (SC) 20-43099 11/25/2020 Appendix Filed Appendix to Opening Brief - Volume 3. (SC) 20-43100 11/25/2020 Appendix Filed Appendix to Opening Brief - Volume 4. (SC) 20-43102 11/25/2020 Appendix Filed Appendix to Opening Brief - Volume 5. (SC) 20-43105 11/25/2020 Appendix Filed Appendix to Opening Brief - Volume 6. (SC) 20-43108 12/01/2020 Brief Filed Brief Amicus Curiae of Nevada Legal Services. (SC) 20-43534 12/15/2020 Order/Clerk's Filed Order Granting Telephonic Extension. Respondents/cross-appellants shall have until December 30, 2020, to file and serve the answering brief on appeal and opening brief on cross-appeal. (SC) 20-45381 12/30/2020 Brief Filed Respondent/Cross-Appellants' Answering Brief and Opening Brief on Cross-Appeal. (SC) 20-46982 01/07/2021 Brief Filed Brief for the United States as Amicus Curiae for Cross-Appellant's Supporting Vacatur with Addendum. 21-00479 01/12/2021 Motion Filed Stipulation for Extension of Time for Appellants' to File Their Reply in Support and Response to Cross Appeal and Proposed Order. (SC) 21-00892 01/12/2021 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant/Cross-Respondent's Combined Reply Brief on Appeal and Answering Brief on Cross-Appeal due: January 20, 2021. (SC) 21-00933 01/20/2021 Brief Filed Appellants' Reply in Support of Appeal and Response to Appellees' Cross-Appeal. (SC) 21-01666 01/20/2021 Appendix Filed Appendix Volume 40 of 44. (SC) 21-01667 01/20/2021 Appendix Filed Appendix Volume 41 of 44. (SC) 21-01668 01/20/2021 Appendix Filed Appendix Volume 42 of 44. (SC) 21-01669 01/20/2021 Appendix Filed Appendix Volume 43 of 44. (SC) 21-01670 01/20/2021 Appendix Filed Appendix Volume 44 of 44. (SC) 21-01672 02/02/2021 Order/Clerk's Filed Order Granting Telephonic Extension. Respondents/Cross-Appellants' Reply Brief due: February 17, 2021. (SC) 21-03189 02/16/2021 Motion Filed Appellants' Motion for Permission to File Supplemental Authority to Supplement the Record in Reply in Support of Appeal and Response to Appellees' Cross-Appeal. NRAP 31(e) and 10(b)(c). (SC) 21-04567 02/17/2021 Brief Filed Respondents/Cross-Appellants' Reply Brief on Cross-Appeal. (SC) 21-04738 02/18/2021 Case Status Update Briefing Completed/To Screening. (SC) 02/23/2021 Motion Filed Respondents/Cross-Appellants' Opposition to Appellants' Motion for Permission to File Supplemental Authority to Supplement the Record and Counter Motion to Take Judicial Notice. (SC) 21-05388 03/01/2021 Motion Filed Appellants' Reply in Support of Motion for Permission to File Supplemental Authority to Supplement the Record in Reply in Support of Appeal and Response to Appellees' Cross-Appeal. (REJECTED PER NOTICE ISSUED 03/01/21). (SC) 03/01/2021 Notice/Outgoing Issued Notice of Rejection of Filed Document. Reply in Support of Motion for Permission to File Supplemental Authority to Supplement the Record in Reply in Support of Appeal and Response to Appellees' Cross-Appeal. (SC) 21-05937 03/02/2021 Motion Filed Appellant's Motion to Exceed Page Limits for Appellants' Reply in Support of Motion for Permission to File Supplemental Authority in Support of Appeal and Response to Appellees' Cross-Appeal. (APPELLANT'S REPLY DETACHED AND FILED SEPARATELY PER 3/5/21 ORDER). (SC) 21-06104 03/05/2021 Order/Procedural Filed Order. Appellants/cross-respondents have filed a motion to supplement the record with a document titled "Report of DETR Rapid Response Strike Force," prepared at the direction of Governor Sisolak and as an official document published by the State of Nevada (the report). Respondents/cross-appellants oppose the motion but counter that if this court takes judicial notice of the report, it should take notice of the entire report, not just the portions noted by appellants/cross-respondents. Appellants/cross-respondents have replied. The motion is granted to the following extent. This court will take judicial notice of the report attached as Exhibit A to the motion filed on February 16, 2021. fn1 [The motion to file a reply in excess of the page limitation is granted. The clerk shall detach the reply from the motion filed on March 2, 2021, and file it separately.] (SC) 21-06459 03/05/2021 Motion Filed Appellants' Reply in Support of Motion for Permission to File Supplemental Authority. (SC) 21-06460 03/08/2021 Motion Filed Proper Person Motion for Leave to File Amicus Curiae and Other Relief. (STRICKEN PER 3/11/21 ORDER). (SC) 03/11/2021 Order/Procedural Filed Order Denying Motion. Proposed amicus curiae Steven Cohen has filed a motion for leave to file an amicus brief in support of appellants/cross-respondents based on his personal experiences with respondents/cross-appellants and their management of unemployment claims. The motion is denied. The clerk shall strike the pro se document filed on March 8, 2021. (SC) 21-07099 04/22/2021 Motion Filed Appellants' Motion for Permission to File Second Supplemental Authority to Supplement the Record. (SC) 21-11606 04/29/2021 Motion Filed Respondents/Cross-Appellants' Opposition to Appellant's Motion for Permission to File Second Supplemental Authority. (SC) 21-12371 05/04/2021 Motion Filed Appellants' Reply in Support of Motion for Permission to File Second Supplemental Authority. (SC) 21-12724 05/13/2021 Order/Procedural Filed Order Granting Motion. This court will take judicial notice of the Unemployment Insurance Program Letter No. 16-21 attached as Exhibit A to the motion filed on April 29, 2021. (SC) 21-13749 06/04/2021 Order/Procedural Filed Order Submitting for Decision Without Oral Argument. (SC) 21-16030 09/13/2021 Order/Dispositional Filed Order Affirming in Part, Vacating in Part, and Remanding. "ORDER the judgement of the district court denying in part and granting in part appellants' petition for a writ of mandamus AFFIRMED IN PART AND VACATED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." fn1 [The Honorable Abbi Silver, Justice, did not participate in the decision of this matter.] EN BANC. (SC) 21-26385 10/08/2021 Remittitur Issued Remittitur. (SC) 21-28904 10/08/2021 Case Status Update Remittitur Issued/Case Closed. (SC) 10/19/2021 Remittitur Filed Remittitur. Received by District Court Clerk on October 12, 2021. (SC) 21-28904 Combined Case View