Thursday, October 20, 2016

Election Primer 2016- Ballot Questions

Voters in Clark County will see five ballot questions this fall. Question 1 (about gun laws) and Question 2 (about recreational marijuana) are getting most of the question, but here is your chance to weigh in on how you think people should vote: (the following summaries come from Ballotpedia)

A yes vote supports this requiring firearm transfers to go through a licensed gun dealer. Certain transfers, including temporary transfers and those between immediate family members, would be exempted.

A no vote opposes this proposal requiring firearm transfers to go through a licensed gun dealer.
A "yes" vote supports legalizing the recreational use of one ounce or less of marijuana by individuals 21 years of age and over.

A "no" vote opposes this measure to legalize one ounce or less of marijuana for recreational use for individuals 21 years of age and over.
A "yes" vote supports inserting language into the Nevada Constitution requiring "an open, competitive retail electric energy market," the reduction of energy market regulations, and the elimination of energy monopolies.

A "no" vote opposes this proposal to insert requirements for an "open and competitive" energy market into the state's constitution.
A "yes" vote supports this amendment to require the Nevada Legislature to exempt from sales and use tax durable medical equipment, oxygen delivery equipment, and mobility enhancing equipment prescribed for human use by a licensed health care provider.

A "no" vote opposes this amendment to require the legislature to exempt certain types of medical equipment from the sales and use tax.
A yes vote is a vote in favor of the county continuing to index fuel taxes based on inflation through December 31, 2026, with proceeds used for public safety and roads.

A no vote is a vote against the county continuing to index fuel taxes based on inflation through December 31, 2026, with proceeds used for public safety and roads.

83 comments:

  1. Stop spending money to enforce MJ law law, put people in jail. Add revenue for schools, etc. with new sin tax on the MJ. And, a chunk of that tax will come from Las Vegas Blvd guests.

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    1. Dude, it's a way to invest in a jobs program without calling it a jobs program. I bet 10% of our workforce plays some role in drug enforcement. Dealers, cops, judges and court staff, prosecutors, defense, jails, prisons, counselors, prostitutes.

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  2. No to all. Now get off my lawn!

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  3. I was in favor of 5 until the decision was made to use the funds for highway improvements for that fucking stadium. Let the billionaires fund their own road to ruin. I'm now a no vote.

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    1. I agree. Stadium vote was offensive with the budget shortfalls going on and ballot questions that directly show the need for more tax dollars for roads and education.

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  4. Let's make it harder for the law biding to get guns that will make us safer. Let's give pot to our kids that will help education. Turn the electric markets over scammers and slammers that will benefit customers. Raise our taxes. It is easy--NO NO NO to this nonsense. Notice that the stadium was not on the ballot, we would know the result if it were.

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    1. Don't know if you've noticed, but the kids have been getting pot for the last 100 or so years, despite its criminalization. It's time to turn it legit for adults, stop jailing people for simple possession, get rid of the criminal element that handles growing and distribution now and replace them with businesses who will pay taxes. YES YES YES on 2.

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    2. Eighty per cent of kids have not tried it. Legalizing recreational use will encourage and permit more. There will be even a greater proliferation. Legalizing it will still result in underground and illegal sales. We have basically decriminalized pot anyway so this measure is unnecessary. I don't want to be smelling pot everywhere I go--bars and events. Right now it is limited to concerts where it is not enforced.

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    3. Nobody (very rarely) gets jailed for simple possession in Vegas right now. On the other hand, get out to Denver sometime. Their downtown has changed dramatically. More homeless, more panhandling. Its a pretty stark contract to pre-legalization in my opinion. I don't have a moral issue with MJ, I just don't like the practical effects of legalization.

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    4. I would like to buy some pot and use it on the weekends. I don't do so now because I don't want to risk my law license. I occasionally drink now, but would like to switch vices as I prefer a nice buzz to being drunk.

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  5. I'm conflicted on Questions 3 (deregulating energy). I don't want Warren Buffet and his cronies controlling my energy destiny, but deregulation seems to always lead to power shortages and pricing peaks. Thoughts?

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    1. 10:26 AM--I understand your conflict on Question No. 3 deregulating energy. The casinos and Sheldon Adelson are pushing this. They want to leave the grid. Deregulating energy was tried in Cali where I am from and lived. It was just awful. I really don't want a choice for my electric provider. Too many choices for the phones for example (landlines). You can survive without a phone but not without electricity. I want reliable power. Let the government regulate the heck out of them. In the end it won't make much difference on the bill. Keep the system the way it is. It works. No one knows if deregulation will work. It did not work in California. I hear it is not working for consumers in Texas.

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    2. As much as 'competition' usually works in the market, somewhat - I moved here from Texas years and years ago. My parents still live in Houston and their electric bill, for a smaller house than I have here, is usually TWICE what I pay. They use about 1/3 more electricity than I do because of an older HVAC system and they use electricity for heating. BUT - again, an additional one-third of their electricity ends up costing them twice as much as I'm paying here. Why? Their rates are higher and they've gone up since deregulation decades ago. The prior monopoly charges for use of the lines that they installed when they had a monopoly.
      I'm totally against deregulating electricity and gas here in Nevada because of that.
      Did anyone watch what Enron did in California in the late 90's early 2000's? Selling California generated power to Nevada/Arizona/Oregon so they could buy 'cheaper' power from Arizona/Oregon/elsewhere, run up the price when demand shot up during the summer, and do rolling brown-outs/blackouts? Hell no.......

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    3. I lived through the hype and then the massive FAIL of energy deregulation in California. We had rolling brown outs, huge price increases and related pain. Imagine being stuck in the elevator at the RJC for hours because it was now acceptable to reroute electricity to a more profitable area. This happened regularly in CA and there are tapes of Enron traders deliberately shutting down plants to drive up prices. It was a nightmare. Let the casino's pay for their power, especially since the legislature is going to roll over and give them things like the stadium at our expense. Why should we volunteer to be taken advantage of?
      http://www.cbsnews.com/news/enron-traders-caught-on-tape.

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  6. After reading the argument for and against the fuel tax, I still don't understand how much this will cost me? How much more will I have to pay per gallon of gas to Clark County?

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    1. don't they round up or something? Either way, you're already paying it, so you won't even notice if you vote yes.

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    2. a yes vote means it will continue to rise every year, although I think there is a cap of no more than 4 cents increase (in local tax) per gallon per year. Allegedly, the average driver drives around 13k miles a year. So how much it will cost you depends on how good of mileage your car gets. Supposedly, for the average driver, about $20 per year. (assuming 25 mpg)

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    3. One of the problems (or advantages, depending on what you drive, is that electric or hybrid cars won't be pulling their share of the freight.

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  7. Newer PI solo here looking for suggestions/referrals? for structured annuity broker.
    Current case litigation expense is driving settlement resolution for defense has proposed structured annuity with his broker and a stip'd list of annuity sellers. Doesn't feel right but, I'm heavily invested in the case costs/retained experts and I don't want fee-split referral to Eglet, Mainor, etc.. Strong liability,causation, cat case with great medicals, no pre exist meds , lots of available coverage. Opinions on structuring fees? Experiences? I'm still in my young 30's and this is the nice hit that can propel me forward from maintaining solo to potential taking on a couple of associates , having a marketing budget and getting to the next level. Any info appreciated.

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    1. If you have all the elements as mentioned and coverage is available? Why structure the settlement at all? Take your fees up front from liquid lump sum settlement! Force the carrier with a trial date and don't believe ID counsel BS! Obviously, you've got the balls to go solo and bet the house on the case! Just stand firm! stay the course and the CARRIER WILL PAY! They're just challenging you and your client's resolve while trying to save ID costs. Haven't you heard of our very pro plaintiff personal injury Clark County jury pools? Trust me ...you'll make more money by trying one successful million plus trial verdict early on in your PI solo practice career than folding for the carrier's good graces. Step up young man/lady and enter the realm of success for you and your client. You're not working at a mill or a firm for a reason!

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    2. Are you looking to structure a settlement or looking for money to litigate the case. Your post is unclear.

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    3. Second,Third and Fourth that! Punish that carrier claims adj for under estimating you and trying to punk you with that "structured" BS! Unless, your client needs extensive lifetime long term med care fuck that structured nonsense! You need your cash now to maintain your position to roll it back right into your practice.

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    4. all good advice! Still waiting on my own "creeping cat" to punish a carrier for once!

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    5. You can structure the clients money if they want, but not your fee. Never even heard of that. Your fee is always paid and client gets some cash now, then you can structure a portion if you want. The only benefit to your client is they don't pay taxes on the income from the gains on the structured money. I rarely structure, but if my client is a complete degenerate I try to recommend it otherwise they are broke in 2 years.

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    6. @1:22 ID is proposing structured through their annuity broker and their list of annuity sellers. I suspect rebate for them but, I'm told that's rare. I've still got money in case account for trial, ethical obligation to present to my client but, feel I should require my own annuity broker and bid out annuity and numbers for consideration.

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    7. 1:29 - You can structure your fees from a structured settlement. I've heard that it is at least partially done by some of the bigger PI firms on their bigger settlements. I was approached at mediation in a case some similiar proposal which I immediately rejected. I eventually settled for $2.9 mil right after opening at trial. I think they are testing the resolve as an earlier post suggests.

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    8. former ID switch to PI here. No doubt! They are squeezing your balls to see if you will flinch. take it as a compliment that you have done a good job up to this point and that you have positioned yourself and your client for the proper payday.

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    9. I had the same experience last year on a case that eventually settled after defense offer of judgement for twice the amount of the previously tendered structured expected value amount. You're good. Sit tight and wait them out

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    10. What's this? An ACTUAL LAW THREAD? On LVLB? No trollers? No one demeaning someone else's opinion and actually giving positive information and encouragement to a fellow counselor?
      These presidential debates have made woosies out of us all!
      Because I self admit to being LDS I can not use the appropriate slang definition of a weakened heterosexual male that rhymes with "woosies".

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    11. I don't practice in this area but I find this discussion fascinating! Great input!! The blog is not dead.

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    12. Refreshing that participants are sharing knowledge and experiences instead of bashing each other

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    13. Fuck it! I'm leaving the office early today and I'm just going to go and do a random act of kindness and then "mosey on up to the local pub" plant my ass down and have a cold one and a nice thick steak! Life is good as an attorney today! Thank you bloggers!

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    14. Winner!Winner!Thick Steak Dinner! ...I'm trying that pick up line tonight at the Blue Martini! I'll let you know the success rate manana!

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    15. 2:28! I find you fascinating! Male hetero here and without assumption as I might be open to changing that if my assumption as to your gender is wrong...drinks to start?

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    16. Blue Martini? MILF mania over there. Say hi to my mom.

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    17. 2:55, say hi to your mom? You must be a Boyd 2013 grad

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    18. And.....the trolls are back.

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  8. Testing or not , you have to present the offer to the client and insurance defense counsel knows that! For your sake and theirs, I hope they see the same thing

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  9. I have a child support question: child dies, and parents are jointly awarded pi settlement because of death. Can you execute on a child support judgment against the one parent's pi settlement proceeds? This is a dui death pi settlement.

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    1. Might be the saddest and most heart wrenching legal question I've seen. Is money really that important? As a legal professional, I don't know why you couldn't go after the pi settlement as soon as it hits the other parent's checking account ...but, damn why would you further the pain? I wouldn't take that client ...bad karma all around.

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    2. I am not the douche. I am the other side. For some reason, I thought pi settlement dui proceeds were judgment proof. Although, I know child support is different.

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    3. 2:13 - whatta crappy position to be in!

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    4. It is shitty. I am trying to counsel the child support obligor, I am not the one trying to collect. Trying to help grieving father.

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    5. I suppose the first question is whether a child support judgment survives the death of the supported child. NRS 125B.100 allows for support payments in arrears to continue after emancipation until paid in full, but NRS 125B says nothing about past-due payments when the child dies. I'm glad I don't have to be in court to argue either side of that particular issue.

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    6. 2:21 ... if he owes it? counsel him to pay it. it's all blood money anyways right? and help him to be the better father too! Have him send a heart felt apology letter to the mother out of love for his deceased child. Knowing he did the right thing will free his soul to heal. Otherwise it's just more pain and fighting. Good luck to you counselor!

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    7. Good luck. I could never practice in family law arena. Too soft.

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    8. and 2:21! The fees that you will lose out on not fighting this action for your client won't be blood money sitting in your account either! I'm sure there are many attorneys that would gladly take fees for this type of action but, if you're doing family law you've got enough headaches and emotional issues to deal with already.

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    9. Throw my hands in the air. Won't take it. Was not charging the man, trying to be helpful.

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    10. ...2:32 is psychic! predicted 2:40 reply 8 minutes earlier. 2:32? Are you available for voir dire? and what are your rates? More or less than the group of ladies running that "psychic stage wagon" scam on fremont street just west of LV blvd.?

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    11. This thread proves my point on how nuts this profession in this town are. When you are court, are you such a shitty lawyer that you have to name call?

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    12. 2:53 I'll take that question? as I have been referred to as a shitty lawyer several times in my 22 year legal career so I feel quite qualified to answer! No, a shitty lawyer does not name call. A shitty lawyer uses terms such as "babe" , "darling" and whistles to get the opposing counsels attention and after court in the hallways of RJC tersely asks you "Is there anything else I can do for you today?" To which you should always reply ... "Of course, I will be at your home at 10 tonight for you to watch me please your wife" .

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    13. 3:02, that is interesting. Really interesting. I know what firm you work for.

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    14. If you are name calling or being rude to a fellow attorney, then you are a shitty lawyer, and you have no case. Judges need to address this. File a bar complaint.

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    15. 3:07 Do tell! Do tell! At least give us initials of the firm! I'm looking for a bull for my wife!

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    16. not 3:02 here but, my guess is R & T @ E & P

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    17. Elvis Presley.

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    18. RT, RT, hmm?

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    19. RT, hung like a horse, with the initials RT?

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    20. Are their initials based on their given name, or stage name?

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    21. I am about to pee my pants laughing.

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    22. Eglet Prince, I win the bubie prize. Now the RT?

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    23. Wolfgang...there is nothing to see here..move along...

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    24. Why is the person who failed to pay child support such a great guy. Maybe he should not be a deadbeat father.

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    25. Congratulations, 5:13. You make the classic non-lawyer/law student mistake of assuming anyone gives a shit about whether the client is a "great guy," or whether that makes the legal issues any different. Time to clear your mind of all the mush, and start thinking like a lawyer.

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    26. 5:13-- I do not know if the Father is a "deadbeat" or is simply a parent who had child support set at a time when the parent was more prosperous and has not been successful in getting back into court to get support modified. I do not know, and neither do you. Children are entitled to be supported. But unless you know this family, determining that any parent is a "deadbeat" is just diarrhea of the mouth.

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  10. Didn't take long! 1:56's question just killed the whole good vibes of 2:o1's post

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    1. And this is why people hate us and our profession. Maybe it's why so many in our profession are addicts?

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    2. Okay, let's slow this down. The kid is dead. Get over it. People sue each other for money all the time. Here, we have an ex-wife looking for a pay day. Isn't that exactly what we would expect? My wife's friends are almost all divorced, and I assure you money was always the first priority. More money!!

      Now, as to the dad, he is the typical divorce defendant. He is fighting not to end up eating canned tuna in a efficiency studio apartment downtown while the ex-wife lives in the Summerlin McMansion and trawls Wine Bars at night for MILF lovers.

      Take the case. Fight. Win. Collect fees.

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  11. 2:39 didn't scroll down through all the comments. I should have followed their lead

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  12. It is a slow day in the Las Vegas legal community. Slow as Eric Johnson in civil court.

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  13. What is going on over Akerman? Some of the things coming out of that office are atrocious. Who is the jerk over there?

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    1. What are you referring to? The work product? Unfortunately, that is the result of overworking your people to death. No matter how much you pay someone, people can only work so much before crapping out.

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  14. Deviants and the legal profession! Like Peanut Butter and Jelly

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  15. Who isn't a jerk at Akerman? You could not pay me enough money to work there.

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  16. No, No, No, Yes, Yes.

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  17. Yes, Yes, Yes, Yes, No.

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  18. Pengilly Minutes are finally up.

    Minutes
    10/11/2016 9:30 AM
    - Decision ..... Pltfs' Motion for a Protective Order and Motion for Sanctions on an OST ....... Defendant's Opposition / Countermotion for Sanctions There are ongoing investigations by LVMPD and the Nevada State Bar, and Mr. Pengilly stated the underlying merits of what happened will be decided by someone else. Therefore, Mr. Pengilly suggested counsel agree the deposition will go forward with another Attorney at Mr. Hayes's choice of location, and Mr. Pengilly will not be present. Mr. Hayes discussed the suggestion in the hallway with restrictions in place, but Mr. Hayes is not willing to Withdraw the Request for Sanctions. Colloquy re: Staying the case until 30 days after the criminal proceeding is resolved. Five Year Rule expires January 2017. Colloquy. Colloquy re: Rule 30(d), and attorney fees and costs. COMMISSIONER RECOMMENDED, the ENTIRE CASE is STAYED as of October 11, 2016 as long as the District Court Judge approves the Report and Recommendation; the STAY WILL REMAIN IN EFFECT until such time as the criminal proceedings are adjudicated or resolved; the Stay will be lifted ten days after disposition of the criminal complaint; after the Stay is lifted, parties can complete depositions of the parties within 30 days of date the Stay is lifted. COMMISSIONER RECOMMENDED, Pltfs' Motion for a Protective Order and Motion for Sanctions is GRANTED; all depositions will take place at the Regional Justice Center in a Courtroom to be determined in the presence of a Marshal unless otherwise agreed to by the parties; Defendant's Countermotion for Sanctions is DENIED. During the ten day window the parties will meet and confer. Commissioner Highly Recommended Mr. Pengilly consider hiring counsel, however, Commissioner cannot order it. Counsel must notify the Discovery Commissioner of deposition schedule so depositions can be arranged at the RJC. COMMISSIONER RECOMMENDED, serve depositions notices (location at the RJC). COMMISSIONER RECOMMENDED, Mr. Pengilly will pay a $2,500 contribution as a result of the deposition conduct that led to the violation under NRCP 30(d) based on setting inappropriate tone during deposition, lack of civility, demeaning the witness, and demeaning counsel; This Sanctions specifically Does Not Address the conduct at issue in the criminal complaint, or investigation currently pending, nor specific ethical violations of the Professional Rules of Conduct. COMMISSIONER RECOMMENDED, $2,500 payment due to Legal Aid Center of Southern Nevada within 30 days after Court signs recommendation; submit proof of payment to Discovery. Commissioner RESERVED THE RIGHT to address further conduct if necessary including conduct during the first deposition of Mark Stuhmer. Mr. Hayes will submit a separate Memorandum of Attorney Fees related to the Deposition of Mark Stuhmer, for preparing the Motion and Reply, and being present today; apply the Brunzell factors and include supporting documentation with redactions as discussed. Deft May Object to Mr. Hayes's submission. COMMISSIONER RECOMMENDED, Status Check SET on a Decision. Mr. Hayes to prepare the Report and Recommendations, and Mr. Pengilly to approve as to form and content. A proper report must be timely submitted within 10 days of the hearing. Otherwise, counsel will pay a contribution. Mr. Hayes to appear at status check hearing to report on the Report and Recommendations. 11/21/16 3:00 a.m. In Chambers Status Check: Decision CLERK'S NOTE: COMMISSIONER RECOMMENDED, Status Check SET 11-15-16 at 11:00 a.m. for Mr. Hayes to appear and provide an update on Report and Recommendations. 11/15/16 11:00 a.m. Status Check: Compliance CLERK'S NOTE: Minutes faxed to: Dale Hayes, Jr. James Pengilly

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    1. Bulla was pretty fair.

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    2. Seems she was quite fair. The name calling was out of line no matter what.

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  19. Pengilly-not clear if the gun was actually displayed, brandished, fully concealed, or referenced. Does anyone know what is going on with the State Bar and this petition against Pengilly? What if METRO and DA do not file charges? Then what?

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  20. Nice to see Danny Tarkanian remaining a staunch supporter of Trump. Lost my vote.

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  21. Exceptionally pleasant blog sir. I like it in particular.
    I might truly want to take an interest in this voting.
    My vote is yes for question no. 2.

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