DISCLAIMER – WE DO NOT TAKE INDIVIDUAL CASES AGAINST DETR
September 12, 2020
Our current DETR case is a class action for which we are seeking systematic changes to DETR’s handling
Amethyst Payne v State of Nevada ex rel Nevada Department of Employment Training and Rehabilitation, Case No. CV20-0075 (filed Second Judicial District Court of the State of Nevada in and for the County of Washoe, May 13, 2020)
If you continue to have payment problems, we are providing a status update below. However, due to the interest in this case, the volume of calls and emails, we cannot return individual inquiries.
If you HAVE been paid, and have NO issues, please drop us a quick note with your name and the status of your claim.
After the hearing, the Honorable Judge Barry L. Breslow of the Second Judicial District Court entered a written order mandating three specific actions DETR must take: (1) once payments have started, payments cannot be withheld and must be reinstated UNLESS: (a) the applicant did not file a weekly claim; or (b) the applicant has earnings in excess of that which would otherwise qualify the applicant for benefits; or (c) there is clear and convincing evidence of fraud by the applicant; or (d) until such time as the applicant is afforded an opportunity to be heard. (2) Payments to the above individuals must commence on or before Tuesday, July 28, 2020. And, (3) a covered individual for the purpose of the Pandemic Unemployment Assistance includes individuals with reportable income, and is either unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health emergency has severely limited his or her ability to continue performing work activities and has therefore caused substantial interference with his or her work activities, payments are required.
July 30, 2020 Hearing
This hearing was set to determine if DETR had complied with the above Order. In preparation, Plaintiffs filed a motion for contempt (failure to obey a court order) based on the hundreds of emails from you indicating DETR has not complied with Judge Breslow’s Order. Another hearing was set for August 20, 2020, giving DETR yet another chance to prove compliance. The Court also asked the Special Master for an updated report.
August 20, 2020 Hearing
In preparation for the August 20, 2020 hearing Plaintiffs filed their second motion for contempt, again based on communications from you that DETR: (1) had not started payments back up, (2) had not provided a means of appeal, (3) was still claiming fraud even though individuals had provided all information requested (in some cases, providing information multiple times), (4) was still denying people based on lack of work prior to Governor Sisolak’s March Stay At Home Executive Order, and (5) still had not reconciled the UI/PUA loop.
During the August 20, 2020 hearing the Special Master reported that DETR was not in full compliance, but that “they had made progress” asserting some 3,500 claimants who had been flagged for fraud had been released for payment. The Court did grant the Parties’ request to issue a final order paving the way for appeals to the Supreme Court of Nevada. The Court refused to review Plaintiffs’ motion for contempt, asked the Special Master to provide a bill for his services, and set a hearing for September 10, 2020.
September 10, 2020 Hearing
The September 10, 2020 hearing can viewed here or by clicking on the video below. Judge Breslow apportioned 100% of the Special Master’s initial billing to DETR as opposed to Plaintiffs. Based on the Parties request to stay (halting of proceedings for a specified time) pending mediation Judge Breslow did not hear Plaintiffs’ motion for contempt but set a status hearing for October 20, 2020 at 2:00 p.m. Four issues will be addressed at that hearing: (1) the outcome of any mediation, (2) whether DETR has paid the Special Master, (3) if the mediation was unsuccessful the court will set a hearing schedule for Plaintiffs’ motion for contempt, and (4) the status of the Parties respective appeals to the Supreme Court of the State of Nevada.
Watch September 10, 2020 Hearing Below
In between the July 30 and Aug 20, 2020 hearings, Plaintiffs filed a writ request (request for Supreme Court of Nevada to review the Second Judicial District Court’s decisions). Plaintiffs filed their writ on August 5 and DETR cross-appealed on August 6, 2020. The Court rejected both appeals based on jurisdictional grounds in that the July 22, 2020 Order by Judge Breslow was not a final appealable order. Accordingly, as described above, during the August 20 hearing, and at the Parties’ request, Judge Breslow issued a final appealable Order.
Second Appeal Pending
Plaintiffs filed their appeal notice on September 4 and DETR filed their cross-appeal on September 9, 2020. Plaintiffs are seeking a ruling from the Supreme Court of Nevada asking for a judicial determination that DETR’s failure to pay eligible claimants is unlawful, while DETR seeks a ruling that the Second Judicial District Court’s Order for DETR to take action is unlawful. A briefing schedule has not been set, but Plaintiffs are seeking emergency, expedited briefing and hearing.
“Because the website appeal process is/was not working, I hereby appeal the attached determination and request immediate adjudication for inter alia, (among other things) the following reasons, including but not limited to: [add your reasons here].” Date and sign.
Save a copy. If you have been given any sort of approval, and DETR stops paying your benefits, or never started, add:
“The conduct of DETR constitutes a taking of property without due process see, e.g. California Department of Human Resources Development v. Java, 402 U.S. 121 (1971). Since I am unemployed, I further ask that DETR pay all my legal expenses in this appeal.”
Send to:
DETR
Employment Security Division – Adjudication Center
500 East Third Street
Carson City, NV 89713-0038
Northern Nevada Office (Carson City): Phone: (775) 684-0350 Fax: (775) 684-0338
Southern Nevada Office (Las Vegas): (702) 486-0350 Fax: (702) 486-7987
Our current DETR case is a class action for which we are seeking systematic changes to DETR’s handling
Last updated: August 20th, 2020 – 2:23pm – the original article can be found here. Nevada should do
Judge Breslow’s Order Entered Leer en español: AQUÍ Judge Breslow signed the Order directing DETR to take three specific
Special Master Jason Guinasso filed his extensive Special Master’s Report at 3:14 PM on July 17, 2020. Introduction
Haga clic para leer en español: CARTA A LOS DEMANDANTES DE DETR Dear Claimants, We want to assure
This matter came before the Court on July 7, 2020, on an Order to Show Cause hearing wherein
News 3 Today – Las Vegas by Faith Jessie Tuesday, July 7th 2020 LAS VEGAS (KSNV) — Nevada’s Department
Published: Jul. 7, 2020 at 6:17 PM PDT RENO, Nev. (KOLO) – Nevada’s Department of Employment, Training, and Rehabilitation
By Mike Shoro Las Vegas Review-Journal, July 7, 2020 – 8:00 am, Updated July 7, 2020 – 4:09 pm
Filed July 2, 2020 at 4:30 PM IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN
Our current DETR case is a class action for which we are seeking systematic changes to DETR’s handling
Last updated: August 20th, 2020 – 2:23pm – the original article can be found here. Nevada should do
Judge Breslow’s Order Entered Leer en español: AQUÍ Judge Breslow signed the Order directing DETR to take three specific
Special Master Jason Guinasso filed his extensive Special Master’s Report at 3:14 PM on July 17, 2020. Introduction
Haga clic para leer en español: CARTA A LOS DEMANDANTES DE DETR Dear Claimants, We want to assure
This matter came before the Court on July 7, 2020, on an Order to Show Cause hearing wherein
News 3 Today – Las Vegas by Faith Jessie Tuesday, July 7th 2020 LAS VEGAS (KSNV) — Nevada’s Department
Published: Jul. 7, 2020 at 6:17 PM PDT RENO, Nev. (KOLO) – Nevada’s Department of Employment, Training, and Rehabilitation
By Mike Shoro Las Vegas Review-Journal, July 7, 2020 – 8:00 am, Updated July 7, 2020 – 4:09 pm
Filed July 2, 2020 at 4:30 PM IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN
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Emergency Food Distribution
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