Case 3:14-cv-00674-MMD-WGC Document 18 Filed 03/02/16 Page 1 of 7
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W. Chris Wicker, Esq.
Nevada State Bar No. 1037
WOODBURN AND WEDGE
6100 Neil Road, Suite 500
Reno, Nevada 89511
Telephone: (775) 688-3000
Fax: (775) 688-3088
Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT COURT OF NEVADA
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Plaintiff,
JOINT CASE MANAGEMENT
REPORT
vs.
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Case No.: 3:14-cv-00674-MMD-WGC
REGIONAL TRANSPORTATION
COMMISSION OF WASHOE COUNTY,
TEAMSTERS LOCAL 533, and DOES I-X,
inclusive,
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Defendant.
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Plaintiff, REGIONAL TRANSPORTATION COMMISSION OF WASHOE COUNTY
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(RTC), by and through its attorneys of record, WOODBURN AND WEDGE, and
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Defendant, TEAMSTERS LOCAL 533 (Union), by and through its attorney of record,
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MICHAEL LANGTON, hereby submit this Joint Case Management Report pursuant to
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Magistrate Judge William G. Cobbs request (Dkt. No. 17).
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1.
A short statement of the nature of the case, including a description of each
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claim or defense.
The RTC has the exclusive right to operate a system of public transportation in Washoe
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County, Nevada. In that capacity, the RTC has contracted with MV Transportation, Inc.
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(MV) to operate RTC assets, including public buses. MV and Teamsters Local 533 (the
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Union) have entered into a collective bargaining agreement, which covers wages, hours, and
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working conditions of the bus drivers and other employees operating RTC busses and other
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assets.
WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: (775) 688-3000
At the front of some of the RTC buses, there is a notice posted in English and Spanish
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Case 3:14-cv-00674-MMD-WGC Document 18 Filed 03/02/16 Page 2 of 7
informing individuals that this vehicle may be equipped with audio and video surveillance.
Each RTC bus is equipped with two separate audio-video recording systems, DriveCam and
Mobile View. DriveCam is activated manually, or automatically by events exerting G-forces
sufficient to potentially cause damage to the vehicle or injury to passengers. When activated,
DriveCam records audio and video. Mobile View is a system of cameras which continuously
records video of the bus from multiple cameras. Video from Mobile View is stored for up to 7
days before the video is recorded over. Video from Mobile View can be retrieved at any time
prior to being recorded over. Mobile View also includes a microphone capable of recording
conversations around the farebox near the driver, and other noises which would be heard by the
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bus driver. The Mobile View audio recording capabilities have not been activated on RTC
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buses. The RTC and MV have decided to turn on the audio recording capability of Mobile
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View for security reasons, and to assist in understanding occurrences captured by the camera
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systems aboard RTC buses.
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The Union argues that activating Mobile Views audio capabilities would violate
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Nevada law, NRS 200.640 and/or 200.650, governing the surreptitious monitoring of
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individuals. The Union also argues that activating the audio device is a mandatory subject of
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collective bargaining. The RTC, which disagrees with the Unions positions, has filed the
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present matter seeking a judicial determination about whether its proposed activation of the
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Mobile View audio recording device would violate Nevada law, and whether such action
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would violate the Union Contract.
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2.
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a.
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WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: (775) 688-3000
Factual disputes
No discovery has been conducted, so it is not clear if there are any factual disputes.
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A description of the principal factual and legal disputes in the case.
b.
i.
Legal disputes
Whether activating the Mobile View audio violates NRS 200.640 and/or
200.650.
ii.
Whether activating the Mobile View audio violates the bargaining agreement
between MV and the Union.
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Case 3:14-cv-00674-MMD-WGC Document 18 Filed 03/02/16 Page 3 of 7
iii.
Whether activating the Mobile View audio is a subject of mandatory bargaining.
3.
On December 1, 2014, RTC filed a Complaint in the Second Judicial District Court of
Nevada. The Unions counsel accepted service on their behalf on December 3, 2014. A
Petition for Removal was filed by the Union on December 22, 2014. The parties filed a Joint
Status Report Regarding Removal on January 27, 2015.
The jurisdictional basis for the case, citing specific jurisdictional statutes.
The Union removed this case to Federal Court pursuant to 28 U.S.C. 1441(a), 29
U.S.C. 185(c) and 29 U.S.C. 141, et seq. based on federal question jurisdiction. This Court
has original jurisdiction pursuant to 28 U.S.C. 1313 as a federal question arises under 29
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U.S.C. 158 of Labor Management Relations Act (LMRA). The union claims that the
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RTCs state law action is preempted by 301 of the LMRA, 29 U.S.C. 185.
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4.
Identification of any parties who have not been served and an explanation
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why they have not been served; and any parties which have bene served by have not
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answered or otherwise appeared.
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There are no parties who have not been served, or not filed an answer.
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5.
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A statement whether any party expects to add additional parties to the case
or otherwise amend the pleadings.
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There are no additional parties expected to be added.
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6.
Whether there are any pending motions that may affect the parties
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abilities to comply with a case management order, including a brief description of those
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motions.
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There are no pending motions at this time.
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7.
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A list of contemplated motions, if any, and an overview statement of issues
to be presented by any such motions.
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The parties may file motions for summary judgment.
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8.
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WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: (775) 688-3000
The status of related cases, if any, pending before other judges of this Court
or before other courts in any other jurisdiction.
There are no related cases pending before other judges or other courts in any other
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jurisdiction.
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Any further supplemental discussion of necessary discovery, including:
a.
b.
c.
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The extent, nature and location of discovery anticipated by the
parties;
Suggested revisions, if any, to the discovery limitations imposed by
the Federal Rules of Civil Procedure and LR 26-1(e); and,
The number of hours permitted for each deposition, unless extended
by the parties.
The parties agree to be bound by the 7 hours in a single day limitation on each
deposition embodied in Federal Rule of Civil Procedure 30(d)(1). Although the final number of
necessary depositions will be subject to the information obtained during discovery, Plaintiffs
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anticipate that they will need to take approximately two total depositions. Defendants intend to
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take at least one deposition. There is a possibility that no depositions will be necessary after
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written discovery.
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10.
A discussion of any issues relating to the disclosure or discovery of
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electronically stored information (ESI), including the form or forms in which it should
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be produced.
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All electronic mail and spreadsheets that are maintained in the usual course of business
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in electronic format are to be produced in their native format along with the software necessary
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to interpret such files if such software is not readily available. Under no circumstances should
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ESI be converted from the form in which it is ordinarily maintained to a different form that
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makes it more difficult or burdensome to use. ESI should not be produced in a form that
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removes or significantly degrades the ability to search the ESI by electronic means where the
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ESI is ordinarily maintained in a way that makes it searchable by electronic means.
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All other documents that are maintained in the usual course of business in electronic
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format are to be produced in multi-page tiff format complete with full text extracts and all
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associated metadata. All documents are to be produced with the metadata normally contained
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within such documents, and the necessary load files. If such metadata is not available, each
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document is to be accompanied by a listing of all file properties relating to such document,
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including, but not limited to, all information relating to the date(s) the document was last
WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: (775) 688-3000
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accessed, created, modified or distributed, and the author(s) and recipient(s) of the document.
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A discussion of any issues related to any anticipated possible claims of
privilege or work product.
There are no issues relating to privilege or work product.
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Court so orders, the parties FRCP 26(a)(3) disclosures and any objections thereto.
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The parties shall produce their FRCP 26(a)(3) disclosures within 14 days of this Order
being filed.
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Unless the discovery plan and scheduling order otherwise provides and the
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Unless the Court has already approved a discovery plan and scheduling
order, the proposed dates for each of the following:
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The Union filed its Answer on February 23, 2016.
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a.
b.
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c.
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d.
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e.
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The deadlines submitted herein are in compliance with LR 26-1(e)
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14.
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Completion of discovery (LR 26-1(e)(1)): August 19, 2016.
Deadline for amending the pleadings and adding parties (LR 261(e)(2)): May 20, 2016.
Dates for complete disclosure of expert testimony (LR 26-1(e)(3)):
June 20, 2016, with rebuttal experts due July 20, 2016.
Deadline of the filing of dispositive motions (LR 26-1(e)(4)):
September 16, 2016.
Date by which the parties will file the joint pretrial order (LR 261(e)(5)): October 14, 2016.
Whether a jury trial has been requested and whether the request for a jury
trial is contested (if the request is contested, set forth reasons).
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No jury has been requested.
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15.
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The estimated length of trial and any suggestions for shortening and/or
expediting the trial.
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The parties anticipate 2 days for trial.
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assistance in settlement efforts.
The parties do not believe settlement can be reached due to the existing legal issues
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WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: (775) 688-3000
The prospects for settlement, including any request of the Court for
between them.
///
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17.
The parties consent to Magistrate Judge William G. Cobb to hear all dispositive
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motions and the trial in this matter.
DATED this 2nd day of March, 2016.
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Any other matters.
DATED this 2nd day of March, 2016.
WOODBURN AND WEDGE
By:
/s/ W. Chris Wicker_____________
W. Chris Wicker
Nevada State Bar No. 1037
Attorneys for Plaintiff
By:
/s/ Michael Langton_________
Michael Langton
Nevada State Bar No. 290
Attorneys for Defendant
ORDER
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IT IS HEREBY ORDERED that the discovery plan is as follows:
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a.
b.
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c.
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d.
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e.
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Completion of discovery (LR 26-1(e)(1)): August 19, 2016.
Deadline for amending the pleadings and adding parties (LR 26-1(e)(2)):
May 20, 2016.
Dates for complete disclosure of expert testimony (LR 26-1(e)(3)): June 20,
2016, with rebuttal experts due July 20, 2016.
Deadline of the filing of dispositive motions (LR 26-1(e)(4)): September 16,
2016.
Date by which the parties will file the joint pretrial order (LR 26-1(e)(5)):
October 14, 2016.
DATED this ___ day of March, 2016.
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By:
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WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: (775) 688-3000
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____________________________
Judge
Case 3:14-cv-00674-MMD-WGC Document 18 Filed 03/02/16 Page 7 of 7
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of Woodburn and Wedge and that on this date, I
caused to be sent via electronic mail through the Courts filing system, a true and correct copy
of the JOINT CASE MANAGEMENT REPORT to:
Michael Langton
801 Riverside Drive
Reno, NV 89503
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DATED this 2nd day of March, 2016.
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By:
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WOODBURN AND WEDGE
6100 Neil Road, Ste. 500
Reno, Nevada 89511
Tel: (775) 688-3000
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/s/ Kelly N. Weaver____________
Kelly N. Weaver
