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PEST Committee Newsletter
Committee to Prevent
Employers from Seizing Tips
The
Official Voice of Nevada’s Tip-Earners
©
PETITION
SIGNATURES
We are going to need
your help gathering signatures.
As you may know, the
PEST Committee will be circulating an initiative
petition to make it unlawful for employers to take
workers tips. We have been in a legal battle with
Steve Wynn’s attorneys to get them to stop their
harassing techniques to prevent the citizens of
Nevada from voting on this issue. Our attorneys
believe that there is a good possibility that we
will be able to go forward with gathering signatures
for the PEST initiative petition in time for the
Primary Election locations this coming August 12th
and again at the General Election locations November
4th.
*
We expect 16 %
of the registered voters in the state to turn out in
the Primary. That would be about 160,000
statewide. Half will vote early. On Election Day in
November, one million will vote. Half will vote
early. Between the Primary and the General we should
easily get the number of signatures required
if we have enough volunteers to help gather the
necessary signatures for the petition.
*
A judge may decide to let the initiative
go as it is or may dictate some change of wording.
Please familiarize yourself with PEST Committee
legal history by visiting our website: iuge.net.
If we are required to make a wording change in the
petition, we will then be required to redo the
signatures. In any case, we will need volunteers to
help collect signatures. This is an effort worth
doing. It will protect, once and for all, tip
earner’s income from confiscation by greedy
employers. Bite the bullet and get behind this
effort. Contact us to volunteer for signature
collection.
Legal Documents Available on IUGE Website.
Literally dozens of
legal documents have been filed with the courts
which represents a great effort in research and
preparation by our attorneys, for which we are
immensely grateful. For
those of you who are interested in a list of the
filings and legal documents relating to the PEST
Committee’s fight against Wynn’s “legal” antics, we
have included that list in this section, below. You
will find the date of the document along with a
brief explanation of its content. For those of you
who would like more detail, go to our website,
“iuge.net” and click on the link, “legal
documents and filings.” You may then click on
the .pdf link(s) to download
the document itself. The chronological list is as
follows:
Feb. 7, 2008 – Initial complaint filed in State
Court against PEST
COMPLAINT FOR DECLARATORY
RELIEF
NEVADA RESTAURANT ASSOCIATION, a
Nevada non-profit corporation;
RETAIL ASSOCIATION OF NEVADA, a Nevada non-profit
corporation; WYNN LAS VEGAS, LLC, a Nevada
limited liability company; NEVADA MOTOR TRANSPORT
ASSOCIATION, INC., a
Nevada non-profit corporation; NEVADA MANUFACTURERS
ASSOCIATION., a Nevada non-profit
corporation; and NEVADA TAVERN OWNER’S ASSOCIATION,
a Nevada trade association,
Plaintiffs,
vs.
PEST COMMITTEE, a Nevada Ballot
Advocacy Group; TONY BADILLO, an individual; JACK
LIPSMAN, an individual; AL
MAURICE, an individual; ROSS MILLER, in his official
capacity as secretary state for the state of Nevada;
and DOES I Through X, inclusive,
Defendants.
***
Feb. 07,
2008 – Summons Served on PEST Committee
(pdf)
***
Feb
08, 2008 – Order to Set For Hearing
(pdf)
***
Feb. 14, 2008 –
Notice of Order to Set Hearing
(pdf)
***
Feb. 20,
2008 –
Conference call made by our attorney Kermitt Waters
(pdf) -including legal representation of all
parties to the First Judicial District Court of the
State of Nevada In and For Carson City to set a
trial date for Apr. 2, 2008
***
Feb. 26, 2008 –
MOTION TO INTERVENE PURSUANT TO NRCP 24 AND NRS
12.130
(pdf) (Culinary Union Joins Wynn Las Vegas et
al in Lawsuit against PEST filed in state court)
***
Mar. 07, 2008 –
DEFENDANTS’ NOTICE OF REMOVAL
(pdf) (PEST request to
remove case from state court to federal court
because one of the 5 complaints against PEST asserts
that the initiative would violate the
equal protection clause of the14 Amendment of
the United States
Constitution filed in federal court.)
***
Mar. 10, 2008 –
MOTION FOR LEAVE TO FILE THE ATTACHED AMICUS
CURIA BRIEF ON BEHALF OF THE GREATER LAS
VEGAS CHAMBER OF COMMERCE,
THE RENO-SPARKS CHAMBER OF
COMMERCE, THE CARSON CITY AREA CHAMBER OF COMMERCE
AND THE NEVADA MINING ASSOCIATION IN
SUPPORT OF PLAINTIFF’ COMPLAINT FOR
DECLARATORY RELIEF
(These organizations did not file a motion to
intervene or join the lawsuit against PEST but filed
amicus briefs, (friend of the court), which allows
them to file briefs supporting plaintiffs’
position filed in state court)
***
Mar. 11, 2008 –
ANSWER AND CROSS COMPLAINT FOR DECLARATORY RELIEF
AND RELIEF FOR VIOLATING THE FIRST AND FOURTEENTH
AMENDMENTS TO THE U.S. CONSTITUTION (pdf) (PEST
Counter lawsuit against Wynn Las Vegas et al also
included complaint by PEST
against defendant Secretary of State Ross Miller
filed in federal court)
***
Mar. 13, 2008 –
MEMORANDUM OF DEFENDANTS AND CROSS COMPLAINANTS IN
OPPOSITION TO CULINARY WORKERS UNION LOCAL 226’S
MOTION TO INTERVENE (pdf)
(PEST Committee argument against Culinary Union
Motion to Intervene to join Wynn Las Vegas et al in
case)
***
Apr. 07, 2008 –
MOTION TO REMAND
(pdf) (CATHERINE CORTEZ MASTO, Nevada
Attorney General on behalf of ROSS MILLER, Secretary
of State file motion against PEST motion to take
case to federal level using the premise that all
defendants have to approve removal to federal court
and the secretary of state being one of the
defendants did not approve the removal filed in
federal court)
***
Apr. 09, 2008 –
PLAINTIFFS’ MOTION TO REMAND (pdf)
(Wynn Las
Vegas et al file motion against PEST motion to take
case to federal level to bring
case back to state level using the premise
that all defendants have to
approve removal to federal court and the
secretary of state being one of the defendants did
not approve the removal filed in federal court).
***
Apr. 13, 2008 –
ANSWER TO CROSS COMPLAINT (pdf)
(CATHERINE CORTEZ MASTO, Nevada
Attorney General on behalf of ROSS MILLER, Secretary
of State Answer to Cross-Complaint made by PEST)
***
Apr. 22, 2008 –
CULINARY WORKERS UNION LOCAL 226’S PARTIAL JOINDER
IN COMPLAINT AND MEMORANDUM OF POINTS AND
AUTHORITIES (pdf) ( style="font-family: Times-Bold">Culinary
Union is granted Motion to Intervene to join Wynn
Las Vegas et al in case)
***
Apr. 28, 2008 –
OPPOSITION OF DEFENDANTS TO MOTION TO REMAND BY
PLAINTIFFS AND THE SECRETARY OF STATE
(pdf) (PEST
brief countering plaintiffs’ and secretary of
state’s motion to remand back to state level. PEST
asserts that the secretary of state is a nominal
party and administrative defendant only, and
has no interest in the
outcome of the case simply because all initiatives
must be administered and approved through that
office.
***
May 12, 2008 –
PLAINTIFFS AND PLAINTIFF-IN-INTERVENTION’S REPLY TO
OPPOSITION OF DEFENDANTS TO MOTIONS TO REMAND BY
PLAINTIFFS AND THE SECRETARY OF STATE
(pdf) (Plaintiff’s
reply to PEST opposition to Plaintiff’s
motion to remand back to state court filed in
federal court).
***
May 12, 2008 –
REPLY IN SUPPORT OF MOTION TO REMAND
(pdf) (CATHERINE
CORTEZ MASTO, Nevada attorney general on behalf of
ROSS MILLER, secretary of state, file motion against
PEST opposition to remand
in support of secretary of state and plaintiffs’
position to remand back to
state court filed in federal court).
***
May 28, 2008 –
MINUTE ORDER IN CHAMBERS (pdf) (The federal judge
ordered the PEST Committee as removing parties to
file a brief in support of the federal court’s
jurisdiction over the federal constitutional claim
within ten days. The plaintiffs’ and cross-defendant
secretary of state are ordered to file their brief
in opposition within ten days after the filing of
PEST Committee brief. The motion to remand back to
state court because the secretary of state didn’t
approve Pest Committee removal to federal court was
disregarded by the judge).
***
June 05, 2008 –
CROSS-COMPLAINANTS’ SUPPLEMENTAL BRIEF
IN OPPOSI- TION TO MOTION TO REMAND
(pdf) (PEST
Committee compliance with
federal judge order explanation of federal court
jurisdiction over this case).
***
June 06, 2008 –
CROSS COMPLAINTS’ MOTION FOR PRELIMINARY INJUNCTION
TO ENJOIN ENFORCEMENT AND APPLICATION
OF NRS 295.009 AND NRS 295.061 FOR A
VIOLATION OF THE FIRST AND
FOURTEENTH AMENDMENTS TO THE UNITED
STATES CONSTITUTION, AND/OR ALTERNATIVELY, A
MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT 1
(pdf) (PEST
Committee federal legal brief declaring that NRS
295.009 and NRS 295.061 are in violation of the
first and fourteenth amendments of the U.S.
Constitution regarding freedom of speech and the
right to petition the government for a redress of
grievances)
There is a separate pdf file that is a part of this
Cross-Complaint called PEST-EXHIBITS.pdf which is
the TABLE OF EXHIBITS only. The actual exhibits are
not included because they consist of 458 pages
*NRS
295.009 Requirements for petition: Must embrace one
subject; must include description.
**NRS 295.061 Challenge to description of petition;
challenge to legal sufficiency of petition
***
June 16, 2008 –
STIPULATION AND ORDER TO EXTEND TIME
(pdf) (CATHERINE
CORTEZ MASTO, Nevada attorney general on behalf of
ROSS MILLER, secretary of state ask for an extension
of the order from The Federal Judge to file their
opposition to PEST brief explaining
our reasoning in keeping the case in Federal
Court.
***
June 19, 2008 –
PLAINTIFFS AND PLAINTIFF-ININTERVENTION’S MOTION FOR
ENLARGEMENT OF TIME TO RESPOND TO WE THE PEOPLE
NEVADA’S MOTION TO INTERVENE PURSUANT TO FRCP 24
(First request) (pdf)
(Sharron Angle ex-member of the Nevada Assembly had
initiatives concerning reducing and capping property
taxes which were challenged by the AFL-CIO
on the single subject law, filed a motion to
intervene and join PEST in our fight against
plaintiffs. This motion of plaintiffs is asking for
more time to respond to her motion to join us.
***
June 19, 2008 –
PLAINTIFFS AND PLAINTIFF-IN-INTERVENTION’S MOTION
FOR ENLARGEMENT OF TIME TO RESPOND TO
CROSS-COMPLAINANTS’ MOTION FOR PRELIMINARY
INJUNCTION TO ENJOIN ENFORCEMENT AND APPLICATION FOR
NRS 295.009 AND NRS 295.061 FOR A VIOLATION OF THE
FIRST AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION, AND/OR ALTERNATIVELY, A MOTION FOR
PARTIAL SUMMARY JUDGMENT AS TO COUNT 1 (pdf)
(Plaintiffs request more time to respond
to PEST Motion for Preliminary Injunction due to the
volume of the material in the motion and because
they feel it would be premature to respond before
the judge has decided to keep the case in Federal
Court or remand the case back to State Court)
***
June 20, 2008 –
SUPPLEMENTAL BRIEF (pdf)
(CATHERINE CORTEZ MASTO, Nevada
attorney general on behalf of ROSS MILLER, secretary
of state compliance with
federal judge order to give explanation of why
federal court should not have jurisdiction over this
case)
***
July 15, 2008 –
PEST Order To Remand
(pdf) (PEST request to remove
case from state court to federal court
because one of the 5 complaints against PEST
asserts that the initiative would violate
the equal protection clause of the14
Amendment of the United States Constitution
is denied by Federal Judge and sent back to
State Court.)
Although we were denied federal jurisdiction
we have an excellent case that is
exceptionally overwhelming that we feel can
be and will be won at the state level which
we are fine tuning for that venue at this
time.
We are also strongly considering options
that will enable us to gather signatures
mainly at the general election in time to
meet the signature gathering deadline of
November 11th.
***
SUPPORT OUR EFFORT
For
those who wish to support this initiative and its
attendant legal effort may send a voluntary
contribution to the PEST Committee. All donations
will be put to good use.
Contact us at:
International Union of
Gaming Employees
P.O. Box 71961
Las Vegas, Nevada 89170
(702) 474-9766
·
Fax: (702) 386-4821
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