Electronically Filed

4/13/2018 5:26 PM
Steven D. Grierson
CLERK OF THE COURT

1 ASTA
MARGARET A MCLETCHIE, Nevada Bar No. 10931
2 ALINA M. SHELL, Nevada Bar No. 11711
3 MCLETCHIE SHELL LLC
701 East Bridger Ave., Suite 520
4 Las Vegas, Nevada 89101
Telephone: (702) 728-5300; Fax: (702) 425-8220
5 Email: maggie@nvlitigation.com
6 Counsel for Las Vegas Review-Journal

7 DISTRICT COURT
8 CLARK COUNTY NEVADA
9
AMERICAN BROADCASTING Case No.: A-17-764030-W
10 COMPANIES, INC.; THE ASSOCIATED Consolidated Case No.: A-17-764169-W
PRESS; CABLE NEWS NETWORK,
11
INC.; CHESAPEAKE MEDIA I, LLC, Dept. No.: XXIII
12 D/B/A KSNV-TV; LOS ANGELES
TIMES COMMUNICATIONS, LLC; THE CASE APPEAL STATEMENT
13 NEW YORK TIMES COMPANY; AND
WP COMPANY LLC D/B/A THE
14
WASHINGTON POST,
15
Petitioners,
16 v.
17
18 LAS VEGAS METROPOLITAN POLICE
DEPARTMENT,
19
20 Respondent.

21 LAS VEGAS REVIEW-JOURNAL,

22 Petitioner,
23 v.

24 LAS VEGAS METROPOLITAN POLICE

DEPARTMENT,
25
26 Respondent.

27
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Case Number: A-17-764030-W

 1 1. Name of cross-appellant filing this case appeal statement:
2 Petitioner Las Vegas Review-Journal.
3 2. Identify the judge issuing the decision, judgment, or order appealed from:
4 The Honorable Richard F. Scotti, District Court Judge.
5 3. Identify each cross-appellant and the name and address of counsel for each
6 appellant:
7
MARGARET A. MCLETCHIE, Nevada Bar No. 10931
8 ALINA M. SHELL, Nevada Bar No. 11711
MCLETCHIE SHELL LLC
9 701 East Bridger Ave., Suite 520
Las Vegas, NV 89101
10
Counsel for Petitioner/Cross-Appellant Las Vegas Review-Journal
11 4. Identify each cross-respondent and the name and address of appellate counsel, if
12 known, for each cross-respondent:
13
CRAIG R. ANDERSON, Nevada Bar No. 6882
14 NICK D. CROSBY, 8996
15 JACKIE V. NICHOLS, Nevada Bar No. 14246
MARQUIS AURBACH COFFING
16 10001 Park Run Drive
Las Vegas, NV 89145
17 Counsel for Appellant/Cross-Respondent Las Vegas Metropolitan Police
18 Department

19
5. Indicate whether any attorney identified above in 3 or 4 is not licensed to practice
20
law in Nevada and, if so, whether the District Court granted that attorney permission to
21
appear under SCR 42 (and attach a copy of any District Court order granting such
22
permission):
23
Not applicable. All attorneys are licensed in Nevada.
24
6. Indicate whether appellant was represented by appointed or retained counsel in the
25
District Court:
26
Appellant is represented by retained counsel.
27
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28

2
 1 7. Indicate whether appellant is represented by appointed or retained counsel on
2 appeal:
3 Retained counsel.
4 8. Indicate whether Appellant was granted leave to proceed in forma pauperis, and
5 the date of entry of the District Court order granting such leave:
6 No.
7 9. Indicate the date the proceedings commenced in the District Court, e.g., the date
8 the complaint, indictment, information, or petition was filed:
9 The Petition for Writ of Mandamus in this action was filed on November 2, 2017.
10 10. Provide a brief description of the nature of the action and result in the District
11 Court, including the type of judgment or order being appealed and the relief granted by the
12 District Court:
13 This cross-appeal seeks review of two orders entered by the district court pertaining
14 to a petition for writ of mandamus submitted pursuant to the Nevada Public Records Act
15 (“NPRA”), Nev. Rev. Stat. § 239.011(2) after Appellant/Cross-Respondent the Las Vegas
16 Metropolitan Police Department (“LVMPD”) declined to produce certain public records
17 pertaining to the shooting which occurred on October 1, 2017 at the Route 91 Harvest Music
18 Festival in Las Vegas, Nevada. On March 2, 2018, the district court entered and noticed an
19 Order granting the petition, but permitting the LVMPD at least six months to produce records
20 and redact certain information. In the order, the district court found that the NPRA required
21 the Review-Journal and other petitioners to pay fees associated with the production of the
22 requested records, and ordered the parties to submit supplement briefing regarding to amount
23 to be charged with respect to the production of the records. On March 9, 2018, without
24 holding an evidentiary hearing, the district court entered and noticed another order pertinent
25 to the records request which properly denied some of the LVMPD’s request to charge fees
26 for the production of some records, but permitted LVMPD to charge certain fees for the
27 production of certain responsive public records, some of which are not permitted by law.
28 ///

3
 1 11. Indicate whether the case has previously been the subject of an appeal or an
2 original writ proceeding in the Supreme Court and, if so, the caption and Supreme Court
3 docket number of the prior proceeding:
4 This case has not been the subject of any prior case in the Nevada Supreme Court
5 12. Indicate whether this appeal involves child custody or visitation:
6 This appeal does not involve child custody or visitation.
7 13. If this is a civil case, indicate whether this appeal involves the possibility of
8 settlement:
9 The Review-Journal does not believe this appeal involved the possibility of
10 settlement, as the events of 1 October occurred over six months ago and the LVMPD has not
11 produced a single responsive record.
12
13 DATED this the 13th day of April, 2018.
14
/s/ Margaret A. McLetchie
15
MARGARET A MCLETCHIE, Nevada Bar No. 10931
16 ALINA M. SHELL, Nevada Bar No. 11711
MCLETCHIE SHELL LLC
17 701 East Bridger Ave., Suite 520
Las Vegas, Nevada 89101
18
Telephone: (702) 728-5300; Fax: (702) 425-8220
19 Email: maggie@nvlitigation.com
Counsel for Las Vegas Review-Journal
20
21
22
23
24
25
26
27
28

4
 1 CERTIFICATE OF SERVICE
2 I hereby certify that on this 13th day of April, 2018, pursuant to Administrative
3 Order 14-2 and N.E.F.C.R. 9, I did cause a true copy of the foregoing CASE APPEAL
4 STATEMENT in American Broadcasting Companies, Inc., et al. v. Las Vegas Metropolitan
5 Police Department, Clark County District Court Case No. A-17-764030-W, to be served
6 electronically using the Odyssey File & Serve electronic filing service system, to all parties
7 with an email address on record.
8 I hereby further certify that on the 13th day of April, 2018, pursuant to Nev. R. Civ.
9 P. 5(b)(2)(B), I mailed a true and correct copy of the foregoing CASE APPEAL
10 STATEMENT by depositing the same in the United States mail, first-class postage pre-paid,
11 to the following:
12
Craig R. Anderson, Nick D. Crosby, and Jackie V. Nichols
13 MARQUIS AURBACH COFFING
10001 Park Run Drive
14 Las Vegas, NV 89145
Email: canderson@maclaw.com; ncrosby@maclaw.com; jnichols@maclaw.com
15
Attorneys for Las Vegas Metropolitan Police Department
16
Joel E. Tasca and Justin A. Shiroff
17 BALLARD SPAHR LLP
18 1980 Festival Plaza Drive, Suite 900
Las Vegas, NV 89135
19 Email: tasca@ballardspahr.com; shiroffj@ballardspahr.com
Counsel for American Broadcasting Companies, Inc., The Associated Press,
20 Cable News Network, Inc., Chesapeake Media I, LLC, d/b/a KSNV-TV, Los
21 Angeles Times Communications, LLC, The New York Times Company, and WP
Company LLC d/b/a The Washington Post
22
This document applies to Case No. A-17-764030-W.
23
24
/s/ Pharan Burchfield
25 EMPLOYEE, McLetchie Shell LLC
26
27
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