Walden et al v. State of Nevada, et al

Filing 168

ORDER granting ECF No. 167 Joint Response to Certification of Nevada Minimum Wage Amendment Issue and Stipulation to Dismiss Related Cause of Action. Signed by Judge Miranda M. Du on 4/2/2018. (Copies have been distributed pursuant to the NEF - LH)

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RICHARD I. DREITZER, ESQ.
Nevada Bar No. 6626
DAVID S. KAHN, ESQ.
Nevada Bar No. 7038
JAMES T. TUCKER, ESQ.
Nevada Bar No. 12507
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, Eleventh Floor
Las Vegas, Nevada 89101
Tel: [phone]/Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant The State of Nevada, ex rel.
its Department of Corrections

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONALD WALDEN JR, NATHAN
ECHEVERRIA, AARON DICUS, BRENT
EVERIST, TRAVIS ZUFELT, TIMOTHY
RIDENOUR, and DANIEL TRACY on behalf
of themselves and all others similarly situated,

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Plaintiffs,
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Case No.: 3:14-cv-00320-MMD-WGC
JOINT RESPONSE TO CERTIFICATION
OF NEVADA MINIMUM WAGE
AMENDMENT ISSUE (ECF NO. 166)
AND STIPULATION TO DISMISS
RELATED CAUSE OF ACTION

vs.
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THE STATE OF NEVADA, EX REL. ITS
NEVADA DEPARTMENT OF
CORRECTIONS, and DOES 1-50,

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Defendant.
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Defendant State of Nevada, ex rel. its Department of Corrections (“NDOC”), and Plaintiffs,

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Donald Walden Jr., Nathan Echeverria, Aaron Dicus, Brent Everist, Travis Zufelt, Timothy

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Ridenour, and Daniel Tracy, on behalf of themselves and all others allegedly similarly situated

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(“Plaintiffs”) (collectively referred to as “the Parties”), by and through their respective counsel of

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record, hereby state the following:

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1.

Both NDOC and Plaintiffs have reviewed this Court’s Order of March 26, 2018 (ECF

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No. 166) and the Court’s order that the parties address the issue of whether “…certification of the

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question whether Nevada’s Minimum Wage Amendment applies to state government employees is

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warranted and what effect certification would have on the remaining claims in this action…” (ECF

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No. 166, pg. 18.)

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2.

Having discussed the issue, both NDOC and the Plaintiffs agree to dismiss this cause

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of action within Plaintiff’s First Amended Complaint (i.e., Plaintiff’s Third Cause of Action –

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Failure to Pay Minimum Wages in Violation of the Nevada Constitution, ECF No. 95, pgs. 31-32)

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without prejudice.

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3.

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In light of this stipulation, both NDOC and the Plaintiffs agree that any further

consideration of whether to certify this question has been rendered moot.
Dated this 2nd day of April, 2018.

Dated this 2nd day of April, 2018.

WILSON ELSER MOSKOWITZ EDELMAN
& DICKER LLP

THIERMAN BUCK LLP

/s/ Richard I. Dreitzer
Richard I. Dreitzer
Nevada Bar. No. 6626
300 South 4th Street - 11th Floor
Las Vegas, NV 89101-6014
Attorneys for Defendants The State of Nevada,
ex rel. its Department of Corrections

/s/ Joshua D. Buck
Mark R. Thierman
Nevada Bar No. 8285
Joshua D. Buck
Nevada Bar No. 12187
Leah L. Jones
Nevada Bar No. 13161
7287 Lakeside Drive
Reno, Nevada 89511
Attorneys for Plaintiffs

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ORDER

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IT IS SO ORDERED.

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2nd
DATED this _________ day of April, 2018.

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______________________________________
UNITED STATES DISTRICT JUDGE

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