Case: Walden v. State of Nevada

3:14-cv-00320 | U.S. District Court for the District of Nevada

Filed Date: June 17, 2014

Case Ongoing

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Case Summary

On May 19, 2014, seven hourly correctional officers, represented by private counsel, filed suit in the First Judicial District Court of the State of Nevada in and for Carson City against the State of Nevada, the Nevada Department of Corrections, and state employees in their official and individual capacities. The plaintiffs brought their claims under the Fair Labor Standards Act (FLSA) and the Nevada State Constitution on behalf of a putative class of correctional officers employed by the State of Nevada during the applicable statute of limitations period, alleging wage and hour violations such as failure to pay overtime and failure to meet minimum wage requirements. The plaintiffs sought direct and liquidated damages and attorneys’ fees.

The complaint alleged that while employed as correctional officers at various correctional facilities throughout Nevada, the plaintiffs performed work activities before and after their regularly scheduled shifts, for which they were not compensated. Pre-shift, uncompensated activities included passing through security upon arrival, receiving their assignments for the day, collecting any tools needed (e.g., radios, keys, tear gas), and getting briefed by the outgoing correctional officer once arriving at their station. Post-shift, uncompensated activities included briefing the incoming correctional officer, returning their tools, and going through security on their way out of the correctional facility. Pre- and post-shift activities totalled about one hour per shift, for which the plaintiffs were not compensated, either at their hourly wage rate or at overtime rates if in excess of 40 hours per week.

The state court action was removed to the United States District Court for the District of Nevada on June 17, 2014 at the request of the defendants. The case was assigned to Judge Larry R. Hicks and Magistrate Judge William G. Cobb.

On August 6, 2014, the plaintiffs filed a motion to give notice to other persons similarly situated to join the lawsuit as party plaintiffs through written consent. This motion was granted by the court on March 16, 2015. Shortly thereafter, on April 3, 2015, the defendants moved for judgment on the pleadings. The parties then engaged in discovery proceedings as the plaintiffs filed the new party plaintiffs’ written consents with the court. The case was reassigned to Judge Miranda M. Du on April 16, 2015.

On December 15, 2015, the plaintiffs filed a stipulation to stay the proceedings, which the court granted the next day. The case was then stayed for 120 days in order for the parties to engage in settlement negotiations. Because the stay was granted, the defendants’ judgment on the pleadings was dismissed without prejudice as moot.

At the end of the 120 day period, on April 4, 2016, the court stayed the case again, pending a decision on the defendants’ renewed motion for judgment on the pleadings, filed on April 13, 2016. The court granted this motion on March 20, 2017, dismissing the plaintiffs’ claims for relief because they had failed to show that the defendants had not complied with the FLSA’s wage and hour requirements. Specifically, the plaintiffs’ factual allegations were not sufficient: even if the plaintiffs worked a 7 shift, 30 hour week, working an extra hour per shift would still keep them under the statutory limit of 40 hours. The court also declined to exercise supplemental jurisdiction over the state law claims. 2017 WL 1053084. The court gave the plaintiffs until April 19, 2017 to file an amended complaint in accordance with its order.

On April 19, 2017, the plaintiffs filed an amended complaint. The complaint alleged more specific facts related to the number of hours worked in excess of 40 per week, the defendants’ policy of recording time that only accounted for scheduled time that the plaintiffs spent at their work stations, and why each named plaintiff was owed overtime pay for the specific time he or she had worked off the clock. Both FLSA and state law claims were included.

On May 10, 2017, the defendants moved to strike the plaintiffs’ state law claims and moved to dismiss the complaint entirely. While waiting on the court’s decision on the motions to strike and dismiss, the parties engaged in discovery to create a factual record. But on March 1, 2018, the court ordered the parties to submit supplemental briefs arguing why the case should or should not be remanded to state court. The court noted that the FLSA did not waive a state’s sovereign immunity from suit in a federal court, so this case should be remanded.

On March 26, 2018, the court issued an order on the defendants’ pending motions to strike and to dismiss, also addressing the issue of sovereign immunity. First, after reviewing the supplemental briefs, the court determined that Nevada had in fact waived its sovereign immunity by removing the case to federal court. Next, the court denied the defendants’ motion to strike, and granted in part its motion to dismiss. It denied the motion to strike because previously, the court had not dismissed the state law claims with prejudice, so the plaintiffs were entitled to plead them again in the amended complaint. However, the court granted the defendants’ motion to dismiss the plaintiffs’ state law overtime claims under the Nevada Revised Statutes (NRS) because the plaintiffs had failed to exhaust their state administrative remedies before seeking judicial review. The court also dismissed the plaintiffs’ breach of contract claim because the variable work schedule request form was just an agreement to work a variable schedule in a work week, rather than, as the plaintiffs argued, a contract to pay overtime. The court also ordered supplemental briefing on the state constitution minimum wage claim, and whether the issue should be certified to the Nevada Supreme Court. 2018 WL 1472715.

The defendants promptly appealed to the United States Court of Appeals for the Ninth Circuit the district court’s determination that Nevada had waived sovereign immunity.

While the appeal proceeded at the Ninth Circuit, the plaintiffs filed a motion for reconsideration of the court’s March 26, 2018 dismissal of the plaintiffs’ state law overtime claims, arguing that the requirement to exhaust administrative remedies was futile and the administrative process provided by the NRS was inadequate. The court denied reconsideration on July 18, 2018, because the plaintiffs had failed to argue futility and inadequacy in previous responses to the defendants’ motion to dismiss, and because the plaintiffs had failed to argue in their motion for reconsideration that the administrative process was futile or inadequate as a matter of law. In the same order, the court denied without prejudice the plaintiffs’ first motion for voluntary dismissal, motion for partial summary judgment, and motion to certify class. After defendants served an answer, leave of court was required for a plaintiff to file for voluntary dismissal of opt-in plaintiffs. Because the plaintiffs in this case had failed to receive leave of court, and their motions for summary judgment and class certification were premised on voluntary dismissal, these motions were all denied.

The defendants moved to dismiss the case on July 20, 2018. Ten days later, on July 30, 2018, the plaintiffs filed another motion for voluntary dismissal of opt-in plaintiffs. Before the court ruled on either motion, the defendants moved to stay the case pending the outcome of their appeal. On October 19, 2018, the court granted the motion to stay and denied the motion for voluntary dismissal pending appellate review of the March 2018 order.

On October 16, 2019, the Ninth Circuit affirmed the district court’s holding that the defendants’ decision to remove the case constituted a waiver of sovereign immunity. 941 F.3d 350. This opinion was withdrawn and superseded on December 23, 2019, on denial of a rehearing. The Ninth Circuit wrote in the superseding opinion that a state defendant that removes a case to federal court waives its immunity from suit on all federal-law claims in the case, including those claims that Congress failed to apply to the States through unequivocal and valid abrogation of their Eleventh Amendment immunity. Thus, Nevada had waived its Eleventh Amendment immunity as to the plaintiffs’ FLSA claims by removing the case to federal court. 945 F.3d 1088. The defendants filed a petition for certiorari on May 28, 2020, but the Supreme Court denied the petition on November 25, 2020.

Although the plaintiffs moved to lift the stay after the Ninth Circuit issued its initial opinion on October 16, 2019, the district court did not lift the stay until January 2, 2020, when the Ninth Circuit’s decision mooted the plaintiffs’ motion.

The plaintiffs filed another motion for voluntary dismissal on January 30, 2020. After dividing up the relevant correctional facilities into “Dismissal Facilities”—training camps and transitional housing facilities—and “Remaining Facilities”—prisons—the plaintiffs argued that the plaintiffs who had worked in Dismissal Facilities should be dismissed because they had not been required to do the same pre- and post-shift tasks as those workers at the Remaining Facilities. The court granted the motion on April 1, 2020, because doing so would streamline the issues for trial and because the defendants did not persuade the court they would suffer any plain legal prejudice from the dismissal.

The plaintiffs also moved for partial summary judgment on February 24, 2020, on the issue of whether the undisputed facts showed that the plaintiffs performed compensable work for which they were not compensated. The motion was later denied without prejudice when the district court certified the issue of sovereign immunity to the Nevada Supreme Court.

Meanwhile, on April 8, 2020, the defendants moved for summary judgment on the issue of state sovereign immunity. They argued that Congress’s Article I power did not permit it to impose a private right of action under the FLSA against a non-consenting state, that Nevada did not waive its immunity under state statute, and that allowing this suit would create a way for plaintiffs to avoid Nevada’s comprehensive administrative grievance scheme for compensation disputes.

After briefing on the motion for summary judgment, on July 10, 2020, the court certified the issue of sovereign immunity to the Nevada Supreme Court. The facts supported certification because (i) the unanswered question of state law—whether Nevada had consented to private suits for damages for violations of FLSA’s overtime and minimum-wage provisions—would be determinative were the court to find Nevada had not consented, (ii) the Nevada Supreme Court had never definitively answered this question, (iii) this was a significant question of important state public policy, and (iv) certification promoted “cooperative judicial federalism.” Thus, the court certified the following question to the Nevada Supreme Court: “Has Nevada consented to damages liability for a State agency’s violation of the minimum wage or overtime provisions of the federal [FLSA], or analogous provisions of state law, whether in enacting NRS § 41.031 or otherwise?” Following certification, the case was stayed in the district court pending the Supreme Court’s decision.

The Nevada Supreme Court decided the certified question on September 16, 2021. It held that Nevada had waived sovereign immunity to liability under the FLSA, interpreting the statute as waiving immunity unless an express exception applied, which in the state of Nevada’s case, it did not. 137 Nev. 486. Shortly after the Nevada Supreme Court’s decision, the stay was lifted.

Following discovery disputes, the court issued an order on May 23, 2022 granting in part the plaintiffs’ motion for partial summary judgment on liability, denying in part the defendants’ motion for summary judgment, and narrowing the case as a FLSA collective action. First, the court found that the plaintiffs were entitled to summary judgment that muster, roll call—including the uniform inspection component—, gear and mail collection, and pass down both pre- and post-shift were compensable under the FLSA. The court denied the defendants’ motions for summary judgment on statute of limitations, liquidated damages, and late joinders. The court dismissed non-participating plaintiffs—plaintiffs who did not respond to the defendants’ written discovery and/or appear for their depositions—as a sanction for their failure to participate in discovery.

On September 16, 2022, the parties notified the court that they had reached a settlement agreement and then moved for preliminary approval of the agreement on November 11, 2022. After preliminary approval and fairness hearings, the court granted final approval of the settlement agreement on March 20, 2023. The total settlement amount was $55,000,000, with $18,333,333 of that amount designated as attorneys’ fees. Each named plaintiff received $20,000 as a service fee, on top of any monetary damages awarded from the settlement. The court retained jurisdiction to enforce the terms of the settlement agreement and review a later-filed settlement status report.

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Summary Authors

Kady Matsuzaki (4/10/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6050347/parties/walden-v-state-of-nevada/

Attorney for Plaintiff

Buck, Joshua D (Nevada)

Attorney for Defendant

Cortez-Masto, Catherine (Nevada)

Dreitzer, Richard (Nevada)

Figueroa, Ernest D (Nevada)

Haar, Theresa M (Nevada)

Attorney for Plaintiff

Buck, Joshua D (Nevada)

Jones, Leah Lin (Nevada)

Thierman, Mark R. (Nevada)

Werman, Douglas M. (Nevada)

Attorney for Defendant

Cortez-Masto, Catherine (Nevada)

Dreitzer, Richard (Nevada)

Figueroa, Ernest D (Nevada)

Haar, Theresa M (Nevada)

Hejmanowski, Paul R. (Nevada)

Hostetler, Jennifer K. (Nevada)

Laxalt, Adam P. (Nevada)

McDermott, Ann (Nevada)

Neff, Karissa D. (Nevada)

O'Brien, Susan Carrasco (Nevada)

Palal, Binu (Nevada)

Price, Brandon R. (Nevada)

Segal, Jeffrey H. (Nevada)

Singer, Linda J. (Nevada)

Thro, William Eugene (Nevada)

Traut, Janet E (Nevada)

Wong, Daniel (Nevada)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:14-cv-00320	Collective and Class Action Complaint	June 17, 2014	June 17, 2014 Complaint
95 3:14-cv-00320	First Amended Collective and Class Action Complaint	April 19, 2017	April 19, 2017 Complaint
18-15691	Order U.S. Court of Appeals for the Ninth Circuit	Oct. 16, 2019	Oct. 16, 2019 Order/Opinion 945 F.3d 945
276 3:14-cv-00320	Defendant State of Nevada Ex Rel. Department of Corrections’ Motion for Summary Judgment on Sovereign Immunity	April 8, 2020	April 8, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6050347/walden-v-state-of-nevada/

Last updated March 10, 2024, 4:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION FOR REMOVAL Notice of Removal from First Judicial District Court, Case Number 14-OC-00089-1B, (Filing fee $ 400 receipt number 0978-3279096), filed by State of Nevada, Department of Corrections. Certificate of Interested Parties due by 6/27/2014. (Traut, Janet) (Entered: 06/17/2014)	June 17, 2014	June 17, 2014 Clearinghouse
	Case assigned to District Judge Larry R. Hicks and Magistrate Judge William G. Cobb. (WJ)	June 18, 2014	June 18, 2014 PACER
2	MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 6/18/2014. Statement regarding removed action is due by 7/6/2014. Joint Status Report regarding removed action is due by 7/21/2014. (Copies have been distributed pursuant to the NEF - JC) (Entered: 06/18/2014)	June 18, 2014	June 18, 2014 PACER
3	ANSWER to Complaint re 1 Petition for Removal, filed by Nevada Department of Corrections, Nevada, State Of. Certificate of Interested Parties due by 7/4/2014. Discovery Plan/Scheduling Order due by 8/8/2014.(Traut, Janet) (Entered: 06/24/2014)	June 24, 2014	June 24, 2014 PACER
4	STATEMENT RE: REMOVAL filed by Defendants Nevada Department of Corrections, Nevada, State Of. (Traut, Janet) (Entered: 07/02/2014)	July 2, 2014	July 2, 2014 PACER
5	STATUS REPORT RE: REMOVAL Joint Removal Status Report filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt, Defendants Nevada Department of Corrections, Nevada, State Of. (Traut, Janet) (Entered: 07/18/2014)	July 18, 2014	July 18, 2014 PACER
6	First MOTION to Extend Time regarding discovery/nondispositive matter (First Request) MOTION FOR EXTENSION OF TIME TO CONDUCT FRCP 26(f) CONFERENCE AND FILE PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr. Motion ripe 8/6/2014. (Attachments: # 1 Declaration Joshua D. Buck, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration)(Thierman, Mark) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
7	MOTION to Certify Class PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b) by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr. Responses due by 8/23/2014. (Attachments: # 1 Exhibit A Proposed Notice, # 2 Exhibit B Proposed Consent, # 3 Declaration Nathan Echeverria, # 4 Declaration Travis Zufelt, # 5 Declaration Tim Redenour, # 6 Declaration Donald Walden, # 7 Declaration Daniel Tracy, # 8 Declaration Brent Everist, # 9 Declaration Gene Columbus, # 10 Declaration Mark R. Thierman, # 11 Declaration Joshua D. Buck)(Thierman, Mark) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
8	ORDER granting # 6 Motion to Extend Time : Proposed. Discovery Plan/Scheduling Order due by 8/21/2014. Signed by Magistrate Judge William G. Cobb on 8/7/2014. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 08/07/2014)	Aug. 7, 2014	Aug. 7, 2014 PACER
9	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 08/08/2014)	Aug. 8, 2014	Aug. 8, 2014 PACER
10	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 08/20/2014)	Aug. 20, 2014	Aug. 20, 2014 PACER
11	PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH LR 26-1(e). (Thierman, Mark) (Entered: 08/21/2014)	Aug. 21, 2014	Aug. 21, 2014 PACER
12	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 08/22/2014)	Aug. 22, 2014	Aug. 22, 2014 PACER
13	MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 8/25/2014. Case Management Conference set for 9/19/2014 at 10:00 AM in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The parties shall jointly file the case management report with the Clerk of the Court not less than seven (7) court days before the case management conference. Counsel wishing to appear telephonically shall contact the courtroom deputy, Katie Lynn Ogden (775-686-5758), at least two (2) days prior to the hearing to advise her of the phone number where they may be reached at the time of the hearing. Please see attached for additional details. (Copies have been distributed pursuant to the NEF - JC) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
14	STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Nevada Department of Corrections. (Traut, Janet) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
15	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
16	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 08/25/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
17	ORDER APPROVING 14 STIPULATION re 7 Motion for Circulation of Notice. Defendant's response due by 9/8/2014. Signed by Judge Larry R. Hicks on 8/26/2014. (Copies have been distributed pursuant to the NEF - KR) (Entered: 08/26/2014)	Aug. 26, 2014	Aug. 26, 2014 PACER
18	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 08/29/2014)	Aug. 29, 2014	Aug. 29, 2014 PACER
19	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 09/05/2014)	Sept. 5, 2014	Sept. 5, 2014 PACER
20	STIPULATION FOR EXTENSION OF TIME (Second Request) re 7 MOTION to Certify Class PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b) ; by Defendants Nevada Department of Corrections, Nevada, State Of. (Traut, Janet) (Entered: 09/08/2014)	Sept. 8, 2014	Sept. 8, 2014 PACER
21	ORDER re 20 STIPULATION FOR EXTENSION OF TIME (Second Request) re 7 MOTION to Certify Class PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b) ; by Defendants Nevada Department of Corrections, Nevada, State Of. (Traut, Janet). Responses due by 9/12/2014. Signed by Judge Larry R. Hicks. (Copies have been distributed pursuant to the NEF - EM) (Entered: 09/09/2014)	Sept. 9, 2014	Sept. 9, 2014 PACER
22	STIPULATION FOR EXTENSION OF TIME (First Request) for the Parties to File Joint Case Management Conference Report by Defendant Nevada Department of Corrections. (Traut, Janet) (Entered: 09/11/2014)	Sept. 11, 2014	Sept. 11, 2014 PACER
23	ORDER ON 22 STIPULATION. Joint Case Management Report due by 9/12/2014. Signed by Magistrate Judge William G. Cobb on 9/11/2014. (Copies have been distributed pursuant to the NEF - KR) (Entered: 09/12/2014)	Sept. 12, 2014	Sept. 12, 2014 PACER
24	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 09/12/2014)	Sept. 12, 2014	Sept. 12, 2014 PACER
25	Joint STATUS REPORT Case Management Conference Report by Defendant Nevada Department of Corrections. (Traut, Janet) (Entered: 09/12/2014)	Sept. 12, 2014	Sept. 12, 2014 PACER
26	Third MOTION to Extend Time regarding discovery/nondispositive matter (Third Request) Motion for Enlargement of Time to Oppose Plaintiffs Motion for Circulation, # 7 re 7 MOTION to Certify Class PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b) by Defendant Nevada Department of Corrections. Motion ripe 9/12/2014. (Traut, Janet) (Entered: 09/12/2014)	Sept. 12, 2014	Sept. 12, 2014 PACER
27	RESPONSE to 7 MOTION to Certify Class PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b), filed by Defendants Nevada Department of Corrections, Nevada, State Of. Replies due by 9/25/2014. (Attachments: # 1 Exhibit Exhibits A-G, # 2 Exhibit Exhibit H, # 3 Exhibit Exhibit I)(Traut, Janet) (Entered: 09/15/2014)	Sept. 15, 2014	Sept. 15, 2014 PACER
28	NOTICE of Corrected Image/Document re 27 Response to Motion, 7 MOTION to Certify Class PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b) by Defendant Nevada Department of Corrections. (Service of corrected image is attached). (Attachments: # 1 Exhibit A-G, # 2 Exhibit H, # 3 Exhibit I)(Traut, Janet) (Entered: 09/15/2014)	Sept. 15, 2014	Sept. 15, 2014 PACER
29	STIPULATION FOR EXTENSION OF TIME (First Request) STIPULATION AND ORDER TO EXTEND TIME FOR PLAINTIFFS TO FILE THEIR REPLY IN SUPPORT OF PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b) by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 09/17/2014)	Sept. 17, 2014	Sept. 17, 2014 PACER
30	MINUTES OF PROCEEDINGS - Case Management Conference held on 9/19/2014 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Joshua Buck; Def Counsel: Janet Traut, Ann McDermott and Brandon Price; FTR #: FTR; Time of Hearing: 10:04:07 a.m. - 10:20:46 a.m.; Courtroom: 2. The court addresses the parties' 25 Joint Case Management Conference Report and briefly discusses paragraphs VI and VII of the report. Ms. Traut advises the court Defendants are in the process of drafting a protective order. The court and parties have discussion regarding confidentiality during the discovery process. The court turns to the parties' 11 Stipulated Discovery Plan and Scheduling Order Submitted in Compliance with LR26-1(e) Special Scheduling Review Requested and APPROVES the discovery deadlines set forth in the proposed order. The court will execute the Stipulated Discovery Plan and Scheduling Order forthwith. The court advises the parties that by approving the parties' Discovery Plan and Scheduling Order does not reflect the court is making any suggestion or opinion whether there should or should not be class certification nor does the deadline for Plaintiff's motion for class certification (Doc. # 31, ¶ I) preclude District Judge Hicks from revising the deadline if deemed appropriate. The court will not favorably receive any requests for extension of time regarding discovery deadlines. The court will entertain scheduling a settlement conference in the future if the parties agree it is appropriate. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 09/19/2014)	Sept. 19, 2014	Sept. 19, 2014 PACER
31	SCHEDULING ORDER re 11 Proposed Order. Discovery due by 6/10/2015. Signed by Magistrate Judge William G. Cobb on 9/19/2014. (Copies have been distributed pursuant to the NEF - KR) (Entered: 09/19/2014)	Sept. 19, 2014	Sept. 19, 2014 PACER
32	NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (JC) (Entered: 09/22/2014)	Sept. 22, 2014	Sept. 22, 2014 PACER
33	ORDER ON 29 STIPULATION re 7 Motion to Certify Class. Plaintiffs' reply due by 10/1/2014. Signed by Judge Larry R. Hicks on 9/22/2014. (Copies have been distributed pursuant to the NEF - KR) (Entered: 09/22/2014)	Sept. 22, 2014	Sept. 22, 2014 PACER
34	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 09/22/2014)	Sept. 22, 2014	Sept. 22, 2014 PACER
35	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 09/29/2014)	Sept. 29, 2014	Sept. 29, 2014 PACER
36	REPLY to Response to 7 MOTION to Certify Class PLAINTIFFS MOTION FOR CIRCULATION OF NOTICE PURSUANT TO 29 U.S.C. § 216(b) filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Attachments: # 1 Declaration Joseph Allison, # 2 Declaration Francisco Bautista, Jr., # 3 Declaration Erica Brown, # 4 Declaration Joel Tyning)(Thierman, Mark) (Entered: 10/01/2014)	Oct. 1, 2014	Oct. 1, 2014 PACER
37	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 10/15/2014)	Oct. 15, 2014	Oct. 15, 2014 PACER
38	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 10/27/2014)	Oct. 27, 2014	Oct. 27, 2014 PACER
39	NOTICE of Appearance by attorney Brandon R. Price on behalf of Defendant Nevada, State Of. (Price, Brandon) (Entered: 11/13/2014)	Nov. 13, 2014	Nov. 13, 2014 PACER
40	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr. (Thierman, Mark) (Entered: 11/26/2014)	Nov. 26, 2014	Nov. 26, 2014 PACER
41	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 12/30/2014)	Dec. 30, 2014	Dec. 30, 2014 PACER
42	NOTICE OF FIRM NAME CHANGE by Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Thierman, Mark) (Entered: 01/26/2015)	Jan. 26, 2015	Jan. 26, 2015 PACER
43	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Buck, Joshua) (Entered: 01/27/2015)	Jan. 27, 2015	Jan. 27, 2015 PACER
44	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Buck, Joshua) (Entered: 03/04/2015)	March 4, 2015	March 4, 2015 PACER
45	ORDER granting 7 motion for circulation of notice. Please see attached for details and deadlines. Signed by Judge Larry R. Hicks on 3/16/15. (Copies have been distributed pursuant to the NEF - JC) (Entered: 03/16/2015)	March 16, 2015	March 16, 2015 RECAP
46	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Buck, Joshua) (Entered: 03/26/2015)	March 26, 2015	March 26, 2015 PACER
47	NOTICE JOINT SUBMISSION OF AMENDED PROPOSED NOTICE AND CONSENT TO JOIN by Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt re 45 Order on Motion to Certify Class. (Attachments: # 1 Exhibit A Revised Notice, # 2 Exhibit B Revised Consent)(Buck, Joshua) (Entered: 03/26/2015)	March 26, 2015	March 26, 2015 PACER
48	ORDER approving 47 Joint Submission of Amended Proposed Notice and Consent to Join. Signed by Judge Larry R. Hicks on 3/30/2015. (Copies have been distributed pursuant to the NEF - KR) (Entered: 04/03/2015)	April 3, 2015	April 3, 2015 RECAP
49	MOTION for Judgment Defendant's Motion for Judgment on the Pleadings by Defendant Nevada Department of Corrections. Responses due by 4/20/2015. (Attachments: # 1 Appendix A with Index, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(Traut, Janet) (Entered: 04/03/2015)	April 3, 2015	April 3, 2015 PACER
50	MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 4/14/2015. By Judicial Assistant: Elaine Muhlebach. With good cause appearing, the Honorable Judge Larry R. Hicks recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - EM) (Entered: 04/14/2015)	April 14, 2015	April 14, 2015 PACER
51	MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 4/16/2015. IT IS ORDERED that this case is reassigned to Judge Miranda M. Du for all further proceedings. Judge Larry R. Hicks no longer assigned. All further documents must bear the correct case number 3:14-cv-00320-MMD-WGC. (no image attached) (Copies have been distributed pursuant to the NEF - BLG) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
52	RESPONSE to 49 Motion for Judgment,, filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. OPPOSITION TO DEFENDANTS MOTION FOR JUDGEMENT ON THE PLEADINGS Replies due by 4/30/2015. (Attachments: # 1 Exhibit A)(Buck, Joshua) (Entered: 04/20/2015)	April 20, 2015	April 20, 2015 PACER
53	PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs Robert Ahmad, Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt FIRST AMENDED STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER. (Buck, Joshua) (Entered: 04/22/2015)	April 22, 2015	April 22, 2015 PACER
54	MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 4/23/2015. By Deputy Clerk: Katie Lynn Ogden. A status conference is hereby set for Wednesday, 4/29/2015, at 9:00 a.m., in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The court will address the parties' 53 Proposed Discovery Plan/Scheduling Order. Counsel wishing to appear telephonically shall contact the courtroom deputy, Katie Lynn Ogden at Katie_Ogden@nvd.uscourts.gov or (775)-686-5758, at least two (2) days prior to the hearing to advise her of the phone number where they may be reached at the time of the hearing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 04/23/2015)	April 23, 2015	April 23, 2015 PACER
55	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al . (Buck, Joshua) Modified on 4/24/2015 removed names plaintiffs and replace with et al. to shorten entry. (WJ). (Entered: 04/24/2015)	April 24, 2015	April 24, 2015 PACER
56	SCHEDULING ORDER re 53 Proposed Discovery Plan/Scheduling Order. Discovery due by 1/20/2016. Please see attached for further deadlines. Signed by Magistrate Judge William G. Cobb on 4/29/15. (Copies have been distributed pursuant to the NEF - JC) (Entered: 04/29/2015)	April 29, 2015	April 29, 2015 PACER
58	MINUTES OF PROCEEDINGS - Status Conference held on 4/29/2015 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Joshua Buck; Def Counsel: Janet Traut; FTR #: 9:06:04 a.m. - 9:19:27 a.m.; Time of Hearing: 9:00 a.m.; Courtroom: 2. The court holds today's conference to address the parties' 53 First Amended Stipulated Discovery Plan and Scheduling Order. The court has discussion with counsel regarding the status of the case. The parties' 53 proposed order is APPROVED. The court cautions the parties, in light of the special scheduling, the court will not likely favorably receive any requests for additional time concerning these deadlines. The court encourages the parties to contact Ms. Ogden should the parties have any discovery concerns during the discovery phase so a status conference can be scheduled. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 05/01/2015)	April 29, 2015	April 29, 2015 PACER
57	REPLY to Response to 49 Motion for Judgment, filed by Defendant Nevada Department of Corrections. Reply Memorandum of Points and Authorities in Support of Defendant's Motion for Judgment on the Pleadings (Attachments: # 1 Appendix E with Index, # 2 Appendix F)(Traut, Janet) (Entered: 04/30/2015)	April 30, 2015	April 30, 2015 PACER
59	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al. (Buck, Joshua) Modified on removed all plaintiffs name and replaced with et al. to shorten entry. 5/4/2015 (WJ). (Entered: 05/01/2015)	May 1, 2015	May 1, 2015 PACER
60	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al., . (Buck, Joshua) Modified on 5/8/2015 removed all the plaintiffs name but Ahmad and added et al to shorten the length of the entry. (WJ). (Entered: 05/08/2015)	May 8, 2015	May 8, 2015 PACER
61	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al (Buck, Joshua) Modified on 5/18/2015 removed all plaintiffs name but Ahmad and added et al to shorten entry length. (WJ). (Entered: 05/18/2015)	May 18, 2015	May 18, 2015 PACER
62	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al (Buck, Joshua) Modified on 5/22/2015 removed all plaintiffs names but Robert Ahmad and added et al. (WJ). (Entered: 05/22/2015)	May 22, 2015	May 22, 2015 PACER
63	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad,, et al. (Buck, Joshua) Modified on 5/29/2015 removed all named Plaintiffs but Ahmad to shorten entry. (WJ). (Entered: 05/29/2015)	May 29, 2015	May 29, 2015 PACER
64	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al . (Buck, Joshua) Modified on 6/5/2015 added word et al to entry and removed rest of plaintiffs to shorten entry. (WJ). (Entered: 06/05/2015)	June 5, 2015	June 5, 2015 PACER
65	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al., . (Buck, Joshua) Modified on 6/22/2015 removed all named plaintiffs and replaced with et al. (WJ). (Entered: 06/19/2015)	June 19, 2015	June 19, 2015 PACER
66	JOINDER Notice of Filing of Consents to Joinder filed by All Plaintiffs . (Buck, Joshua) Modified on 6/30/2015 to reflect all plaintiffs.(BLG). (Entered: 06/29/2015)	June 29, 2015	June 29, 2015 PACER
67	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al, (Buck, Joshua) Modified on 7/6/2015 removed all named plaintiffs but Ahmad and added et al to shorten entry. (WJ). (Entered: 07/06/2015)	July 6, 2015	July 6, 2015 PACER
68	MOTION to Withdraw of consents to joinders and to dismiss James Baumgras and Christopher Trautman NOTICE OF WITHDRAWAL OF CONSENTS TO JOINDER by Robert Ahmad, Rama Akash, Johnathan R. Allen-Ricksecker, Jonathan Allen-Ricksecker, Josep Allison, Jeremy Ambler, Tania Arguello, Adrian Arias(FLSA consent 35 ), Adrian Arias( 55 FLSA consent), Tanya Armerdariz, Carl Arnold, Robert Ashcraft, Richard Atherton, Russel Atkins, Yesenia Aviles, Ysenia Aviles, Robert Baker, Almon Bame, John Bankston, Robert P. Barker, James Barnett, Joseph Baros, Rocky Baros, Omar Bass, James Baumgras, Francisco Bautista, Kathleen E. Beaver, Gregory Bennett, Taerik Berry, Johnny Bilavarn, Jonathan Binder, Derland Blake(FLSA consent 38 ), Derland Blake( 55 FLSA consent), Richard Bogue, :;pud Brewster, Nickey Brooks, Sean J. Brooks, Vincent Brooks, Canute Brown, Erica Brown, Mark Brown, Wendall Bunting, Christopher Caggiano, Timothy Calderone, Ben Eric V. Calvez, Giovanni Capra, Timothy Carlman, Hector Carrillo, Taham Castillo, Michael Chavez, Karen Chislett, Benitez Christian, Loren G. Chupulin, Gerald Clarett, Kenneth Clark, Kenneth J. Clark, William M. Clarke, Willie Clayton(FLSA Consent 10 ), Willie Clayton(FLSA Consent 18 ), Gerald Collette, James T. Cook, Finley Cornelius, Kenneth F. Corzine, Michael Covington, Taham Cristilli, Lonnie Crose, Rashay Crosswhile, Huston Crutchfield, Juan Cruz, Tirome Dale, Michael Dane, Donald W. Davis, Ronald Davis, Terry Day, Efren De Jesus, Kevin Dennis, John J. Dibari, Franklin E. Dickens, Aaron Dicus, Todd Drake, Timothy Dressler, Radek Dvorak, Nathan Echeverria, Shawn Elder, Brent Everist, Benjamin R. Fehr, Lukas Ferris, Michael A. Flores-Nava, Michael Ford, Martin K. Freeman, Gilber Fuentes, Michael Fuscarino, Anthony Garcia, Luke Gardner, Gary Garrison, Russell Garvin, Michael Gaskins, Martin Gaura, Michael P. Gavin, Brian Gentile, Detlin Georgiev, Rick Giancola( 55 FLSA consent), Rick Giancola(FLSA Consent 12 ), Judith Gibson, Jeffrey R. Gilbert, Scott Gilbert, Greg Gillam, Reggie Goins, Terry Greene, Terrel A. Gregory, Mark Grimaldi, Pedro Guerra, Douglas Hamilton, Bradley Hansen, Jose Haros, Britney Harris(FLSA consent 38 ), Britney Harris( 55 FLSA consent), Tejay Harvey, Robert D. Hendricks, James Hogan, Eric Hood, Sean Horlacher, John Hurt, Steven Indiveri, Colby Ingram, Edward Inwood, Abdi S. Ismail, Johnny Raymond Isum, Chais Vee Jenkins, Christopher Jones, Eric Jones, Jimmy Jones, Nicole Crowley Jones, Sarkis Jopalian, James Kelly, Martin P. Kelly, Nathan Kennet, Emory King, Maria Kinsey, William Kirste, Paul Kluever, Felix J. Kreskey, Dariusz Krol, Tony Lai, Jonathan Lara, Kristopher Ledingham, Cory Lee, Joseph Lewis, Efrain Lona(FLSA Consent 10 ), Efrain Lona( 55 FLSA consent), David J. Luce, Todd Ludwig, Paul Lunkwltz, David K. Magnum, Mark Marangi, Shalon Marangi, Eric Mark, Floyd Marshall, Richard Martin, Jack Maurer, Charles May(FLSA consent 38 ), Charles May(FLSA consent 40 ), Teresa G McCastle, Nicholas McGahuey, Jesus Meranza, Julio Mesa, Perry Mikel, Floyd Miller, Todd Miller, Ronald A. Mirador, Daniel L. Mondragon, Danielle Money, Mark Mooberry, Mark S. Mooberry, Andre Shawn Natali, Jose Navarrete, Michael Naylor, Jason N. Nelson, Christopher Neville, Cory Newton(FLSA Consent 12 ), Cory Newton( 55 FLSA consent), Antoine Norman, Walter Oilar, Jorge Olague, Sean Olsen, Lawrence Panozzo, Jeffrey Peeler, Curtis Welby Peery, Burch M. Perry, Jeremy D. Peterson, Donald Pierce, Mark David Poland, Dshamba Prater, Larry Puckett, Domingo J. Quintanilla, Teresa Radke, Gilbert J. Ramirez, Michael A. Ramos, Charles Ratcliff, Charles J. Razmic, Charles Razmic, Timothy Ridenour, Jonathan Rivera( 55 FLSA consent), Jonathan Rivera(FLSA Consent 10 ), Joe Roberts, Larry W. Roberts, Luis A. Rodriguez, Alonzo Romero, Christian Ruchel, Aaron Ryer, Jason Saing( 55 FLSA consent), Jason Saing(FLSA consent 41 ), Vincent Saladino, Gustavo Sanchez( 55 FLSA consent), Gustavo Sanchez(FLSA consent 38 ), Bret Sandborn, Danilo Santos, Justin Scarano, Chris Schaeffer, Edwin Segovia, Cameron Seisan(FLSA consent 40 ), Cameron Seisan( 55 FLSA consent), William Sevier, Shannon Shelton( 55 FLSA consent), Shannon Shelton(FLSA Consent 10 ), Frank M. Sherman, Stanley Thomas Shinault, Brian Shultz, Jan Michael Shultz, Christopher Sloan, Curtis Smith, Scott J. Smith, David Soley, Darin Statton, Jamie Stevens, Dennis M. Stuckey, Jeremy Summers, Mark Tansey, Daniel Tedesco, Kenneth Thackwell, Ashley Thomason, Shawn Thorne, Donald Thorpe, William Tobin, Diego Torres, Daniel Tracy, Phillip Travis( 55 FLSA consent), Phillip Travis(FLSA consent 37 ), Joel E. Tyning, Anthony Vaccaro, Michael Val, Kirk Darrell Valdez, Kirk Valdez, Robert D. Varay, Jesse Vargas, Dory Vesperas, Emilio Vignapiano(FLSA Consent 12 ), Emilio Vignapiano( 55 FLSA consent), Mitchell Villegas, Audy Viloria, Cuong Vo, Claye Vogelsang, Donald Walden, Jr, Jacob Walden, Sandra Walker, Eric A. Ward, Kenneth Webb, Bruce C. Welsch, Stewart Whalum, Aaron C. White, Ingrid White, Curtis Willhite, Brenda Williams, Emery Williams, John Williams, Jurea A. Williams, Bryan E. Wilson, David Wilson, Cresencio Zamora, Travis Zufelt, Daniel Zurschiede. (Buck, Joshua) Modified on 7/9/2015 changed entry from notice to a motion to withdraw. (WJ). (Entered: 07/08/2015)	July 8, 2015	July 8, 2015 PACER
	NOTICE of Docket Correction to 68 Motion to Withdraw Documents: changed entry from a notice to a motion to withdraw and dismiss James Baumgras and Christopher Trautman. Filer needs to file a motion when requesting some type of action from the Court. No further action is required by filer. QC made the necessary adjustment to the docket. (no image attached)(WJ)	July 9, 2015	July 9, 2015 PACER
69	ORDER granting 68 Motion to Withdraw Consents to Joinder. Plaintiffs James Baumgras and Christopher Trautman are dismissed. Signed by Judge Miranda M. Du on 7/9/2015. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 07/09/2015)	July 9, 2015	July 9, 2015 PACER
70	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Robert Ahmad, et al, . (Buck, Joshua) Modified on 7/21/2015 removed all named plaintiffs but Robert Ahmad and added et al. (WJ). (Entered: 07/20/2015)	July 20, 2015	July 20, 2015 PACER
71	JOINDER Notice of Filing of Consents to Joinder filed by All Plaintiffs . (Buck, Joshua) Modified on 8/19/2015 (BLG). (Entered: 08/18/2015)	Aug. 18, 2015	Aug. 18, 2015 PACER
72	STIPULATION Stipulated Protective Order by Defendants Nevada Department of Corrections, Nevada, State Of. (Traut, Janet) (Entered: 09/22/2015)	Sept. 22, 2015	Sept. 22, 2015 PACER
73	PROTECTIVE ORDER re 72 Stipulation. Signed by Magistrate Judge William G. Cobb on 9/23/2015. (Copies have been distributed pursuant to the NEF - KR) (Entered: 09/23/2015)	Sept. 23, 2015	Sept. 23, 2015 PACER
74	STIPULATION AND ORDER TO ALLOW PLAINTIFFS TO SEND NOTICE TO NNCC EMPLOYEES LEFT OFF THE ORIGINAL CLASS LIST by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Attachments: # 1 Exhibit A)(Jones, Leah) (Entered: 10/02/2015)	Oct. 2, 2015	Oct. 2, 2015 PACER
75	ORDER ON STIPULATION re 74 STIPULATION TO ALLOW PLAINTIFFS TO SEND NOTICE TO NNCC EMPLOYEES LEFT OFF THE ORIGINAL CLASS LIST. Signed by Magistrate Judge William G. Cobb on 10/6/15. (Copies have been distributed pursuant to the NEF - JC) (Entered: 10/06/2015)	Oct. 6, 2015	Oct. 6, 2015 PACER
76	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr. (Buck, Joshua) (Entered: 11/02/2015)	Nov. 2, 2015	Nov. 2, 2015 PACER
77	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Buck, Joshua) (Entered: 11/06/2015)	Nov. 6, 2015	Nov. 6, 2015 PACER
78	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Buck, Joshua) (Entered: 11/20/2015)	Nov. 20, 2015	Nov. 20, 2015 PACER
79	STIPULATION TO STAY ALL PROCEEDINGS by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr. (Buck, Joshua) (Entered: 12/15/2015)	Dec. 15, 2015	Dec. 15, 2015 PACER
80	ORDER ON STIPULATION re 79 STIPULATION TO STAY ALL PROCEEDINGS by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr. It is ordered: case stayed for a period of 120 days, commencing 12/15/2015 and ending 4/13/2016. If the parties do not resolve the dispute and do not request additional time to continue settlement negotiations, an amended discovery plan will be submitted to the Court within 10 business days of the end of the stay period. See order for additional deadlines. Signed by Judge Miranda M. Du on 12/16/2015. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 12/16/2015)	Dec. 16, 2015	Dec. 16, 2015 PACER
81	MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/16/2015. By Deputy Clerk: Peggie Vannozzi. In light of the Order Staying this case for 120 days, (dkt. no. 80 ), it is ordered that Defendant's Motion for Judgment on the pleadings is denied as moot without prejudice to the defendant to seek to reinstate the motion in the event the parties are unable to resolve this dispute. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 12/16/2015)	Dec. 16, 2015	Dec. 16, 2015 PACER
82	JOINDER Notice of Filing of Consents to Joinder filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. (Buck, Joshua) (Entered: 01/04/2016)	Jan. 4, 2016	Jan. 4, 2016 PACER
83	STIPULATION to Stay Litigation Pending Disposition of Defendant's Motion for Judgment on the Pleadings by Defendants Nevada Department of Corrections, Nevada, State Of. (McDermott, Ann) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
84	NOTICE of Appearance by attorney Richard Dreitzer on behalf of Defendants Nevada Department of Corrections, Nevada, State Of. (Dreitzer, Richard) QC assisted filing. (BLG) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
85	ORDER approving 83 Stipulation, staying case pending disposition of Defendant's Motion for Judgment on the Pleadings. Signed by Judge Miranda M. Du on 4/4/2016. (Copies have been distributed pursuant to the NEF - KR) (Entered: 04/04/2016)	April 4, 2016	April 4, 2016 PACER
86	MOTION for Judgment Defendant's Renewed Motion for Judgment on the Pleadings by Defendants Nevada Department of Corrections, Nevada, State Of. Responses due by 4/30/2016. (Attachments: # 1 Index Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(Hostetler, Jennifer) (Entered: 04/13/2016)	April 13, 2016	April 13, 2016 PACER
87	RESPONSE to 86 Motion for Judgment,, filed by Plaintiffs Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. Replies due by 5/7/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Buck, Joshua) (Entered: 04/27/2016)	April 27, 2016	April 27, 2016 PACER
88	STIPULATION FOR EXTENSION OF TIME (First Request) re 86 Motion for Judgment, 87 Response to Motion, ; Stipulation for Enlargement of Time to File Reply to Response to Renewed Motion for Judgment on the Pleadings and Order by Defendants Nevada Department of Corrections, Nevada, State Of. (McDermott, Ann) (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 PACER
89	NOTICE of Corrected Image/Document re 88 Stipulation, by Defendants Nevada Department of Corrections, Nevada, State Of. (Service of corrected image is attached). (McDermott, Ann) (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 PACER
90	MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/28/2016. By Deputy Clerk: Peggie Vannozzi. It is ordered: the Stipulation to Enlarge Time to File Reply to Renewed Motion for Judgment on the Pleadings (dkt. no. 88 ) is denied for failure to comply with LR 6-1(b). (Copies have been distributed pursuant to the NEF - PAV) (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 PACER
91	STIPULATION FOR EXTENSION OF TIME (First Request) re 86 Motion for Judgment, 87 Response to Motion, ; Stipulation for Enlargement of Time to File Reply to Response to Motion for Judgment on the Pleadings and Order (First Request) by Defendants Nevada Department of Corrections, Nevada, State Of. (McDermott, Ann) (Entered: 04/29/2016)	April 29, 2016	April 29, 2016 PACER
92	ORDER approving ECF No. 91 Stipulation for Enlargement of Time re ECF No. 86 Defendant's Renewed Motion for Judgment on the Pleadings. Replies due by 5/12/2016. Signed by Judge Miranda M. Du on 4/29/16. (Copies have been distributed pursuant to the NEF - JC) (Entered: 05/02/2016)	May 2, 2016	May 2, 2016 PACER
93	REPLY to Response to 86 Motion for Judgment, filed by Defendants Nevada Department of Corrections, Nevada, State Of. Reply In Support of Defendant's Renewed Motion for Judgment on the Pleadings (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McDermott, Ann) (Entered: 05/12/2016)	May 12, 2016	May 12, 2016 PACER
94	ORDERED that Defendant's Renewed Motion for Judgment on the Pleadings (ECF No. 86 ) is granted as set forth in this Order. Plaintiffs' first two claims for relief are dismissed without prejudice. Amended complaint due by 4/19/2017. Failure to file an amended complaint will result in dismissal of these two claims with prejudice. The Court declines to exercise supplemental jurisdiction over the two state law claims and therefore dismisses them without prejudice. Signed by Judge Miranda M. Du on 3/20/2017. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 03/20/2017)	March 20, 2017	March 20, 2017 RECAP
95	AMENDED COMPLAINT FIRST AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT against All Defendants, filed by Aaron Dicus, Nathan Echeverria, Brent Everist, Timothy Ridenour, Daniel Tracy, Donald Walden, Jr, Travis Zufelt. No changes to parties. Proof of service due by 7/18/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Thierman, Mark) (Entered: 04/19/2017)	April 19, 2017	April 19, 2017 Clearinghouse
96	STIPULATION FOR EXTENSION OF TIME (First Request) re 95 Amended Complaint, ; Enlargement of Time to File Responsive Pleading to First Amended Collective and Class Action Complaint and Order by Defendant Nevada Department of Corrections. (Dreitzer, Richard) (Entered: 05/03/2017)	May 3, 2017	May 3, 2017 PACER
97	ORDER approving ECF No. 96 Stipulation re ECF No. 95 First Amended Collective and Class Action Complaint: Defendants' answers due 5/10/2017. Signed by Magistrate Judge William G. Cobb on 5/4/2017. (Copies have been distributed pursuant to the NEF - KR) (Entered: 05/04/2017)	May 4, 2017	May 4, 2017 PACER
98	MOTION to Strike 95 Amended Complaint, Plaintiffs' Third, Fourth, and Fifth Causes of Action - State Law Claims - by Defendants Nevada Department of Corrections, Nevada, State Of. Responses due by 5/24/2017. (Dreitzer, Richard) (Entered: 05/10/2017)	May 10, 2017	May 10, 2017 PACER