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Plaintiff,
vs.
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REGIONAL TRANSPORTATION
COMMISSION OF WASHOE COUNTY,
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Defendant.
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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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1.
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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.
At the front of some of the RTC buses, there is a notice posted in English and Spanish
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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
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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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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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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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
iii.
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
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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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
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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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7.
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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
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jurisdiction.
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a.
b.
c.
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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.
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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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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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including, but not limited to, all information relating to the date(s) the document was last
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accessed, created, modified or distributed, and the author(s) and recipient(s) of the document.
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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
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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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14.
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Whether a jury trial has been requested and whether the request for a jury
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The estimated length of trial and any suggestions for shortening and/or
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16.
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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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By:
ORDER
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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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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
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
Michael Langton
801 Riverside Drive
Reno, NV 89503
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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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