- law dawg
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- A state law legalized street vendors. Now they say local rules threaten their future. [TNI]
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Voluntary Dismissals still have to be uploaded to the department even though they are not Orders right?
Voluntary Dismissals have to be filed, yes.
NRCP 41
I think OP’s question was whether you can just file them or do you hve to send them to the department for the department to file them.
You need to send them to the department inbox, or else the case will not be statistically closed
EDCR 2.91 “Rule 2.91. Voluntary dismissal processing. In order to assist the court with its caseload management requirements, any voluntary dismissal that is prepared pursuant to NRCP 41(a)(1) which resolves all pending claims and renders the case ripe for closure shall be delivered to the chambers of the assigned department prior to filing. An individual in the assigned department will then affix the blue ink statistical case closure stamp to it, check the appropriate voluntary dismissal box on it, and place their initials next to the stamp’s lower right-hand corner. Thereafter, the document can be filed.”
The urban legend in the court about why we have this rule in the first place is some pro se (or other litigant) went ahead and filed voluntary dismissals on behalf of the plaintiff in all of his/her cases, which of course, was just blindly accepted by the clerk’s office, causing a giant clusterf***.
OP here. Thank you everyone. Nice to have a cooperative group of posts on this Blog.
The State passed a law (SB92) that said local governments cannot completely prohibit sidewalk vending in residential areas – which no local governments had done – so the state did not legalize it. SB92 did provide that local governments were now required to enact sidewalk vending specific ordinances if they wanted to regulate sidewalk vending at all. After it was passed, the Gov, SOS, and Doñate all said “Nevada is Open for Business” despite the fact that the Bill would not become effective for months. This lead to the Welcome to Las Vegas sign incident. It also resulted in sidewalk vendors coming out of the woodwork (California sidewalk vendors shipped into Clark County and dropped off at corners with no permitting, licensing, ID, etc. for the duration of a day). This is all on the State – primarily Senator Doñate.
As the bill’s sponsor, he knows that SB92 identifies specific issues, distant separations, and other regulations that can be included in a local ordinance: specifically prohibiting sidewalk vending near the Welcome to Las Vegas Sign, the Strip, Fremont Street, professional sports stadium, or any entertainment district (many of the places a sidewalk vendor might want to sell).
Every commercial food establishment is subject to SNHD permitting. SB92 provides that sidewalk vendors are not exempt from this requirement. Now Doñate is saying it is too burdensome to comply with SNHD requirements – and guess what? It’s burdensome for all food establishments to comply – but we (as a community) like our food handlers to follow hygiene requirements, our food establishments to keep the meats either cooked or refrigerated, chicken can’t be stored above vegetables, and water, soap, and basic sanitary regulations should be followed.
Whether sidewalk vendors should be allowed near/in parks is up to the local governments which already have regulations, policies, ordinances, etc. for reserving or vending. The fact that sidewalk vendors are also subject to the policies just places them in the same position as any other person/vendor at the parks. Plus, blind vendors are supposed to get priority anyway (NRS Chapter 426). It seems the sidewalk vendors may have been better off operating in the non-regulated market.
We are not sending our brightest to the state legislature.
Why would our brightest go? Salary for only 60 days of the hard-capped 120-day biennial sessions, the salary is a pittance, and the years it takes to develop expertise and oh, darn, term limits.
My favorite Fabian Donate moment came during the special session to give John Fisher and the A’s $350M for a new stadium. Senator Donate grilled A’s President, Dave Kaval on the floor of the Legislature. Senator Donate found Kaval’s answers to be “disingenuous” and said so out loud. When recess was called, the Culinary Union communicated to him in no uncertain terms that the handout was happening. When proceedings resumed, Senator Donate transformed into dutifully making fealty to Kaval and Fisher, satisfying his patrons.
OMG – Just saw the video. Short version – https://www.reddit.com/r/OaklandAthletics/comments/198hva6/official_fabian_do%C3%B1ate_the_nv_state_senator_who/
Typical heavy handed government. An idea to help street vendors becomes so complicated that many cannot / will not comply. The only thing that I care about from a street vendor is not getting sick from the food. Beyond that, leave them alone.
Anyone know what is going on in the cases Dennis Prince’s office is/was handling? Business as usual? New counsel being sought for his clients?
The State Bar filed a petition last week per SCR 118. Court appointed Colon Cavenaugh to oversee transfer of files, according to EJDC docket.
Who is Colon Cavenaugh?
Your Google skills lacking?
What a snarky crappy answer from someone who apparently cannot spell. I know its 95 degrees today, but stop being shitty to each other.
Or someone could just look it up by asking the Google instead of the blawg. At least then they could LOOK diligent and not lazy.
Sometimes questions are to generate discussion, ask things others might want to know, allow someone else the opportunity to serve, etc. Try ti live a bigger life. Or in the words of En Vogue – don’t be so shallow.
Agreed. But this is clearly the exception and not the rule. . . and definitely not in this case.
Quit pretending. You were just being lazy.
ASSOCIATE ATTORNEY
COLIN CAVANAUGH
Colin is an associate attorney at Prince Law Group. He possesses over 12 years of experience handling complex cases in courts throughout Nevada and California in the areas of personal injury and commercial litigation.
Where can we see the petition?
A-24-891174-P | In the Matter of the Petition of State Bar of Nevada
You don’t need to see it. It likely says:
1. Dennis is dead;
2. He had no partners;
3. Cavenaugh has agreed to help;
4. Proposed order is attached; and
5. Respectfully submitted.
Wasnt there a rumor that Eglet was taking them?
Don’t the Rules require that each client be given his or her own choice as to where the file goes?
That’s what will happen. He’ll say here’s your file, you can stay here or go elsewhere.
Yes, it someone has to mind the store in the meantime. What about Kevin Strong? I think he’d been with Dennis since he left Eglet.
Earnest question: Dennis died and left a firm that presumably would offer continuity. SBN has filed a Petition. Has SBN also filed a Petition over Joe’s firm since Joe was a solo practitioner?
SBN filed SCR 118 petition filed April 11, order appointing Lou Schneider entered the next day.
Thank you
You mean future Henderson JP, Lou Schneider?
Off Topic, but worth your time.
See the RJ’s opinion on CCSD funding. (it’s a short read).
https://www.msn.com/en-us/news/us/editorial-as-students-flee-ccsd-s-budget-soars/ar-AA1npL9c?ocid=msedgdhp&pc=LCTS&cvid=63da59f99546481cb0e9d3f836db03e3&ei=24