A Day That Will Live In Infamy

  • Law

  • NRCP 41(e)(5) has been amended to address the 5-year rule in times of pandemic and other extraordinary situations that require closure of the courts. [eighthjdcourt blog]
  • Judge-elect Crystal Eller was served with a grand jury subpoena for documents and she believes her defeated opponent, Bill Kephart, is behind it. [Nevada Current]
  • Carson City District Court Judge James Russell rejected efforts to overturn election results. [KOLO]
  • Justice of the Peace Susan Baucum leaves eviction hearings on the calendar as “essential.” [TNI]
  • Ever wonder how the AP chooses which lawsuits to cover? [StarTribune]
  • It’s been 79 years since the attack on Pearl Harbor killed 2,403 Americans–more than that could die today from COVID-19. [Newsweek]
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Anonymous
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Anonymous
December 7, 2020 6:54 pm

Anybody able to find this Nevada case making international news:

"Highest-paid sex worker in US sues state government for having no work during lockdown"

https://www.dailystar.co.uk/news/world-news/highest-paid-sex-worker-sues-23122051

Anonymous
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Anonymous
December 7, 2020 7:07 pm
Reply to  Anonymous
Anonymous
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Anonymous
December 7, 2020 7:50 pm
Reply to  Anonymous

While there are some claims that Randazza makes on behalf of Alice Little (trade name) that I personally wouldn't make, the plaintiff makes a good point. Her ability to practice under her occupational license has been totally banned under Sisolak, while other businesses with similar amounts of proximity has been permitted to reopen.

In short, Alice the Whore has no humps.

Anonymous
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Anonymous
December 7, 2020 8:57 pm
Reply to  Anonymous

Remove the 700,000 population cap. That would solve a lot of problems on the strip. Prudish morality issues regarding legalizing prostitution no longer exist, judging by the casual sexual liaisons portrayed in every network TV show and movie.

Anonymous
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Anonymous
December 7, 2020 10:21 pm
Reply to  Anonymous

Paragraph 33 brought tears to my eyes. #ImwithAlice!

Anonymous
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Anonymous
December 7, 2020 11:25 pm
Reply to  Anonymous

Isn't this a repeat of other arguments which have failed, albeit without the sexual intrigue?

Anonymous
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Anonymous
December 8, 2020 12:59 am
Reply to  Anonymous

You are correct 3:25. This case has zero chance of survival. It is good political theatre but nothing more.

Anonymous
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Anonymous
December 7, 2020 7:06 pm

It was probably filed in Lyon County/Third Judicial and that is a paper filing county.

Anonymous
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Anonymous
December 7, 2020 7:33 pm

While not the sharpest knife in the drawer, Baucum is right. If the Governor wants to halt evictions, he has the power to do so. But don't put the pressure on the Justice Court to stop enforcing the law and to create a political will that the executive branch is not brave enough to do.

With that said, the new Eviction Mediation program is an absolute disaster. Documents are inconsistent. Portal is broken. It is a nightmare that the state has wasted thousands of hours for an absolute train wreck. The Nevada Supreme Court and Access to Justice should be ashamed of themselves.

Anonymous
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Anonymous
December 7, 2020 7:46 pm
Reply to  Anonymous

Re: Eviction Mediation
I have handling some of these. The actual eviction mediation does not take very long and if successful is rewarding. The problem is that many tenants have figured out that checking the box in LVJC eviction Answer "I do request mediation" automatically gets the tenant at least 30 days before the hearing date. Nevada requires someone, the tenant, to submit a COVID Impact Statement. Without it the State of Nevada cannot receive federal funding and trickle down, the Mediator will not get paid.
To give some perspective, out of the last 10 eviction mediations, only 2 resulted in agreements and I spent 23 hours nagging and chasing both the tenant and landlord to submit documents. Once a telephonic mediation date is set, tenants, more often than to not, do not even bother to appear.

Anonymous
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Anonymous
December 8, 2020 1:02 am
Reply to  Anonymous

I am handling these also. Yes 23 hours to get a 30 minute mediation for $200. In other words, the system is flawed and ridiculous. There is very little resources to coordinate the program. As much as I enjoy being a mediator, lets just the best and brightest of us are not mediating these (in fact the panel of approved mediators is just sad but exactly like what you would expect for $200 for 10 hours of work per case).

Anonymous
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Anonymous
December 8, 2020 3:56 am
Reply to  Anonymous

I went solo this summer and saw this mediation program as an opportunity to fill some time. I sat through all 3 classes. However, at some point they decided that only people who had gone through a separate 40 hour training program, and had already mediated a number of cases, would qualify. I wonder how many people fit that description AND are willing to work for that little?

Anonymous
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Anonymous
December 8, 2020 4:44 pm
Reply to  Anonymous

7:56– I am a real estate attorney so I handle leases and evictions. I also went through all 3 classes AND have 40 hours of live mediation training. They did not select me. However they did select a friend of mine who is a retired engineer customer service employee who knows very little about real estate or evictions.

I was whomping pissed at how they selected their mediators but as I have watched it roll out (and you could figure this out from the CLEs) they have no idea what they are doing. The portal is nonfunctional. It is hours of work for little remuneration. The program is a MESS. Frankly not getting picked was a HUGE benefit in disguise.

Anonymous
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Anonymous
December 9, 2020 4:13 am
Reply to  Anonymous

I'm no expert on evictions or all the issues related to evictions in Nevada, but I don't see how an agency within the federal government has the jurisdiction to tell state courts what to do about evictions. If Congress passed a law, I could understand this.

Anonymous
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Anonymous
December 7, 2020 9:16 pm

Is Jennifer Dorsey nuts?

Anonymous
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Anonymous
December 7, 2020 9:41 pm
Reply to  Anonymous

No. Why?

Anonymous
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Anonymous
December 7, 2020 9:58 pm
Reply to  Anonymous

She was in our firm's dealings with her.

anonymous
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anonymous
December 7, 2020 10:20 pm
Reply to  Anonymous

She was always ok when I dealt with her in practice – but that was only a couple of cases. No idea how she is on the bench.

Anonymous
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Anonymous
December 7, 2020 10:54 pm
Reply to  Anonymous

She's totally nuts. However sometimes her being nuts goes in my favor. Very unpredictably nuts.

Anonymous
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Anonymous
December 7, 2020 11:38 pm
Reply to  Anonymous

I'm personally not offended when lawyers on the blog shorten what sometimes seem like droning on and on with details about their gripes and concerns and simply say someone is "nuts." I don't find it hurtful and it cuts to the chase. I get it, her decisions are strange. Is that better?

Anonymous
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Anonymous
December 7, 2020 11:55 pm
Reply to  Anonymous

The liberals out there do not appreciate using words that make light of mental challenges. #NoNutsShaming #NuttyLivesMatter (for the slowest among you, I am a staunch conservative and delight in the insanity of the left)

Anonymous
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Anonymous
December 8, 2020 7:18 am
Reply to  Anonymous

Nuts, yes.

Anonymous
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Anonymous
December 7, 2020 11:58 pm

Has anyone been able to snag a PS5 or Xbox Series X?

Anonymous
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Anonymous
December 8, 2020 12:49 am
Reply to  Anonymous

Yes Walmart.com on Wed before Thanksgiving.

Laughlin Constable Jordan Ross
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Laughlin Constable Jordan Ross
December 9, 2020 12:10 am
Reply to  Anonymous

Yes, I took all of them and I'm keeping them hidden away in an undisclosed location that I sublet from SPECTRE, just so I could personally spite you.

Anonymous
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Anonymous
December 8, 2020 12:19 am

3:22–I've heard a poster on this blog(it may even have been you) indicate that attorney can be difficult to deal with, but how does that make her clinically insane?

So, are you truly insisting she is nuts, or are you just saying she can be a pain to deal with?

Anonymous
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Anonymous
December 8, 2020 4:14 am

Oh, oh, have an RJC judge trying to intimidate me and makes up shut as she goes. Good luck with that!

Anonymous
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Anonymous
December 8, 2020 4:14 pm
Reply to  Anonymous

You should not give a damn about what these judges say about you. They make crap up to deflect attention from what they are doing. If it is really really bad, turn them into ethics. Maybe they will finally do their job if enough complain. I have a colleague who is having shit pulled on her know by a sitting judge. She is reporting all of it, attorney and judge.

Anonymous
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Anonymous
December 8, 2020 5:38 pm
Reply to  Anonymous

Agree w 8:14. Too many judges think they're untouchable. Some of them are just out of control. Name and shame. Report them. Google doesn't go away. Next election they can answer to the voters who find all their dirty laundry online. It happened to a couple judges who lost their seats this time around. If the rest of them can't act like professionals, they need to go. And I'm not complaining about judges who rule against me…that's the nature of our business. I'm talking about the abusive, unprofessional nuts who have no business on the bench.

Anonymous
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Anonymous
December 9, 2020 12:48 am
Reply to  Anonymous

9:38. Many of them may have thought they were untouchable, but based on the results of this last election(which you do reference) they would have to be delusional and narcissistic to the nth degree to believe they are anything close to untouchable. Even they must recognize that they are in fact very vulnerable.

And, obviously, male incumbents should be a lot more concerned than female incumbents. It's not just that male incumbents lost to females, it is that well-financed, entrenched male judges with high name recognition lost to females who were virtually unknown and unfunded.

Anonymous
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Anonymous
December 8, 2020 4:15 am

a shit