IN THE SUPREME COURT OF THE STATE OF NEVADA

CLARK COUNTY NEVADA, No. 80798 DEPARTMENT OF AVIATION, A POLITICAL SUBDIVISION OF THE STATE OF NEVADA, Appellant, VS. SOUTHERN NEVADA LABOR MANAGEMENT COOPERATION JUL 3 0 2020 COMMITTEE, BY AND THROUGH ITS ELIZABETH A. BROWN TRUSTEES TERRY MAYFIELD AND CLERISpF SUPREME COURT CHRIS CHRISTOPHERSEN; AND ElY DEPUTY CI.ERC OFFICE OF THE LABOR COMMISSIONER, Res u ondents.

ORDER DISMISSING APPEAL This is an appeal from a district court order granting a petition for judicial review. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

When this court's review of the docketing statement and documents before this court revealed a potential jurisdictional defect, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. It appeared that the notice of appeal was prematurely filed after the filing of a timely tolling motion for reconsideration but prior to entry of a written order formally resolving that tolling motion. See NRAP 4(a)(4); NRAP 4(a)(6); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010). The parties asserted in response that the motion for reconsideration did not actually seek reconsideration and was thus not a tolling motion. This court rejected that contention and again ordered appellant to show cause why the appeal SUPREME COURT OF NEVADA (0) 1947A 4401:o 4,26 -? 7721 ; should not be dismissed for lack of jurisdiction. Clark Cty. Dep't of Aviation v. S. Nev. Labor Mgrnt. Cooperation Comm., Docket No. 80798 (Order to Show Cause, June 5, 2009). In its latest response, appellant states it "does not dispute that the notice of appeal was premature." Respondent Southern Nevada Labor Management Cooperation Committee agrees that dismissal of this appeal appears proper. It thus appears that the notice of appeal was prematurely filed and this court lacks jurisdiction. Accordingly, this court ORDERS this appeal DISMISSED.

--cL06.06.41'7 Parraguirre

J.

Hardesty Cadish

cc: Hon. Kathleen E. Delaney, District Judge Israel Kunin, Settlement Judge Fisher & Phillips LLP Attorney General/Carson City Attorney General/Reno Christensen James & Martin Eighth District Court Clerk

SUPREME COURT OF NEVADA

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