Viega GmbH v. Eighth Jud. Dist. Ct.

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Case Information: 59976
Short Caption:VIEGA GMBH VS. DIST. CT. (AVENTINE-TRAMONTI HOMEOWNERS' ASSOC.)Classification:Original Proceeding - Civil - Prohibition
Related Case(s):56755, 59673, 60787, 61519, 61596, 61747, 63324, 65031
Lower Court Case(s):Clark Co. - Eighth Judicial District - A555328Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Disqualifications:ParraguirrePanel Assigned: En Banc
Replacement:None for Justice Parraguirre
To SP/Judge:SP Status:
Oral Argument:11/15/2012 at 10:00 AMOral Argument Location:Carson City
Submission Date:11/15/2012How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
PetitionerViega GmbHKevin M. Green (Fennemore Craig, P.C./Phoenix)
Matthew J. Kemner (Carroll, Burdick & McDonough, LLP)
John H. Mowbray (Fennemore Craig Jones Vargas/Las Vegas)
Janice Procter-Murphy (Fennemore Craig, P.C./Phoenix)
Nicholas B. Salerno (Lincoln, Gustafson & Cercos)
Christopher A. Turtzo (Wolfe & Wyman LLP/Phoenix)
PetitionerViega International GmbHKevin M. Green (Fennemore Craig, P.C./Phoenix)
Matthew J. Kemner (Carroll, Burdick & McDonough, LLP)
John H. Mowbray (Fennemore Craig Jones Vargas/Las Vegas)
Janice Procter-Murphy (Fennemore Craig, P.C./Phoenix)
Nicholas B. Salerno (Lincoln, Gustafson & Cercos)
Christopher A. Turtzo (Wolfe & Wyman LLP/Phoenix)
Real Party in InterestAventine-Tramonti Homeowners AssociationScott K. Canepa (Canepa Riedy Abele & Castello)
James D. Carraway (Carraway & Associates)
J. Randall Jones (Kemp, Jones & Coulthard, LLP)
Francis Lynch, II (Lynch, Hopper & Salzano, LLP)
Robert C. Maddox (Maddox, Segerblom & Canepa, LLP)
Terry W. Riedy (Canepa Riedy Abele & Castello)
RespondentSusan Johnson
RespondentThe Eighth Judicial District Court of the State of Nevada, in and for the County of Clark

14-17314: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600.
Docket Entries
DateTypeDescriptionPending?Document
01/04/2012Filing FeeFiling Fee Paid. $250.00 from Fennemore Craig, P.C. Check no. 3674.
01/04/2012Petition/WritFiled Petition for Writ of Prohibition.12-00356
01/04/2012AppendixFiled Appendix to Petition for Writ. Volumes 1-4.12-00357
01/04/2012OtherJustice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Law Firms - Kemp Jones & Coulthard.
01/05/2012Other Incoming DocumentReceived CD containing appendix to petition for writ (12-00357).
01/12/2012Order/ProceduralFiled Order/Answer Writ Petition. Answer due: 30 days. Petitioners shall have 15 days from service of answer to file any reply.12-01116
02/13/2012Petition/WritFiled Real Party in Interest's Answer to Petition for Writ of Prohibition.Y12-04679
02/28/2012Petition/WritFiled Reply in Support of Petition for Writ of Prohibition.Y12-06384
04/19/2012MotionFiled Petitioners Viega GmbH and Viega International GmbH's Motion for Stay Pending Resolution of Writ Petition.12-12565
05/02/2012MotionFiled Real Party In Interest's Response to Petitioners Viega GmbH and Viega International GmbH's Motion for Stay Pending Resolution of Writ Proceedings.12-13855
05/09/2012MotionFiled Petitioners; Viega GMBH and Viega Internation GMBH's Reply In Support of Motion for Stay Pending Resolution of Writ Petition.12-14560
06/08/2012MotionFiled Emergency Motion Under NRAP 27(e) to Stay Proceedings Against Petitioners Pending Resolution of Writ Petition Re Personal Jurisdiction.12-18092
06/13/2012Order/ProceduralFiled Order Granting Motions for Stay. This stay shall remain in place pending further order of this court. Fn1[The requests for security or other consideration if a stay is granted, which is contained in the oppositions to the stay motions filed by real parties in interest, are denied. Petitioner's motion to strike certain documents attached to the opposition to their stay motion, which was contained in the reply brief filed in Docket No. 60015, is denied as moot.] Nos. 59673/59976/60015.12-18617
08/24/2012Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the Northern Nevada Panel on the next available calendar.12-26835
10/12/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for Thursday, November 15, 2012, @ 10:00 a.m. in Carson City. Argument shall be limited to 30 minutes.12-32415
10/31/2012Notice/OutgoingIssued Oral Argument Reminder Notice.12-34346
11/15/2012Case Status UpdateOral argument held this day. Case submitted for decision. To the Northern Nevada Panel. NNP12 NS/KP/JH
08/08/2013Letter/IncomingReceived Letter from pro hac vice attorney Matthew Kemner suggesting that the court delay its decision in these cases pending the USSC decision in a related matter. Nos. 59976 and 60015. (RETURNED, UNFILED, PER ORDER OF 8/27/13).
08/20/2013MotionFiled Motion for Procedural Order and Motion to Supplement the Record on Appeal.13-24481
08/27/2013Order/ProceduralFiled Order Regarding Motion. Petitioners filed a motion seeking to withdraw a letter that they submitted to this court for filing on August 8, 2013, in both Docket No. 59976 and Docket No. 60015, and to supplement the record in these writ proceedings. We therefore direct the clerk of this court to return, unfiled, the letter provisionally received in this court on August 8, 2013, in both docket numbers. Petitioners shall have 15 days from the date of this order to file and serve a supplement to their motion addressing the distinction between general personal jurisdiction and specific personal jurisdiction under an agency theory, and whether, to the extent that this court determines that these matters may be resolved based on the parties' arguments for and against the use of an agency theory to establish specific personal jurisdiction, delaying resolution of these petitions pending a decision from the United States Supreme Court would still be warranted, given that the parties in Bauman have briefed the issue for review in terms of general jurisdiction. Real parties in interest may file and serve any response to the petitioners' motion and supplement thereto within 15 days from the date that the supplement is served. Nos. 59976/60015.13-25407
09/11/2013MotionFiled Supplemental Memorandum of Points and Authorities in Support of Motion to Supplement the Record on Petition for Writ of Prohibition.13-26901
09/26/2013MotionFiled Real Party in Interest's Response to Supplemental Memorandum of Points and Authorities in Support of Motion to Supplement the Record on Petition for Writ of Prohibition.13-28886
01/22/2014MotionFiled Motion to Supplement the Record on Appeal and Request for Supplemental Briefing.14-02177
01/30/2014MotionFiled Real Party In Interest's Opposition to Motion to Supplement Record On Appeal And To Request for Supplemental Briefing.14-03163
05/29/2014Opinion/DispositionalFiled Authored Opinion. "Petition granted." Fn1[The Honorable Ron D. Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.] Fn2[We deny the Viega GmbH and Viega International's January 22, 2014, motion to supplement the record on appeal and request for additional supplemental briefing.] Before the Court EN BANC. Author: Hardesty, J. Majority: Hardesty/Douglas/Cherry/Saitta. Pickering, J. Gibbons, C.J., concurring in the result only. 130 Nev. Adv. Opn. No. 40. EN BANC14-17314
05/29/2014WritIssued Writ with letter. Original and one copy of writ and copy of opinion mailed to John H. Mowbray for service upon Judge Susan Johnson.14-17366
06/10/2014WritFiled Returned Writ. Original Writ returned. Served on Judge Susan Johnson on June 5, 2014.14-18895
06/23/2014RemittiturIssued Notice in Lieu of Remittitur.14-20592
06/23/2014Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed.