LEG. OF THE STATE OF NEV. VS. SETTELMEYER

81924: Case View

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Cases Case Search Participant Search 21-13709: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 81924 Short Caption: LEG. OF THE STATE OF NEV. VS. SETTELMEYER Court: Supreme Court Related Case(s): 80313, 83597 Lower Court Case(s): Carson City - First Judicial District - 19OC001271B Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Exempt Oral Argument: 05/03/2021 at 1:30 PM Oral Argument Location: Carson City Submission Date: 05/03/2021 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant/Cross-Respondent Claire J. Clift Kevin C. Powers (Legislative Counsel Bureau Legal Division) Appellant/Cross-Respondent Kate Marshall Aaron D. Ford (Attorney General/Carson City) Craig A. Newby (Attorney General/Carson City) Appellant/Cross-Respondent Nicole J. Cannizzaro Kevin C. Powers (Legislative Counsel Bureau Legal Division) Appellant/Cross-Respondent Steve Sisolak Aaron D. Ford (Attorney General/Carson City) Craig A. Newby (Attorney General/Carson City) Appellant/Cross-Respondent The Legislature of the State of Nevada Kevin C. Powers (Legislative Counsel Bureau Legal Division) Appellant/Cross-Respondent The State of Nevada Department of Motor Vehicles Aaron D. Ford (Attorney General/Carson City) Craig A. Newby (Attorney General/Carson City) Appellant/Cross-Respondent The State of Nevada Department of Taxation Aaron D. Ford (Attorney General/Carson City) Craig A. Newby (Attorney General/Carson City) Respondent/Cross-Appellant Ben Kieckhefer Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Goodfellow Corporation Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Great Basin Engineering Contractors, LLC Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Heidi Seevers Gansert Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Ira D. Hansen Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant James A. Settelmeyer Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Joe Hardy Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Keith F. Pickard Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Keystone Corp. Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Kimmie Candy Company Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant National Federation of Independent Business Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Nevada Franchised Auto Dealers Association Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Nevada Trucking Association, Inc. Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Pete Goicoechea Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Retail Association of Nevada Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Respondent/Cross-Appellant Scott T. Hammond Karen A. Peterson (Allison MacKenzie, Ltd.) Justin M. Townsend (Allison MacKenzie, Ltd.) Docket Entries Date Type Description Pending? Document 10/13/2020 Filing Fee Appeal Filing Fee Waived. State/County/Municipality. (Appellant, The Legislature) (SC) 10/13/2020 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (Appellant, The Legislature) (SC) 20-37465 10/13/2020 Filing Fee Appeal Filing Fee Waived. State/County/Municipality. (Appellants State, Dep't of Taxation and State, Dep't of Motor Vehicles) (SC) 10/13/2020 Notice of Appeal Documents Filed Notice of Appeal. (Docketing statement mailed to counsel for appellant.) (Appellants, State, Dep't of Taxation and State, Dep't of Motor Vehicles) (SC) 20-37469 10/13/2020 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. (SC) 20-37473 10/14/2020 Settlement Notice Issued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellants: 14 days transcript request form; 120 days opening brief. (SC). 20-37679 10/20/2020 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 20-38397 10/21/2020 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 20-38544 10/28/2020 Transcript Request Filed Appellants' Joint Certificate of No Transcript Request. (SC) 20-39508 11/02/2020 Filing Fee Filing Fee Paid. $250.00 from Allison MacKenzie. Check no. 14786. (Cross-Appeal) (SC) 11/02/2020 Notice of Appeal Documents Filed Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellants.) (SC) 20-39870 11/03/2020 Docketing Statement Filed Appellant/Cross-Respondents Joint Docketing Statement (The Legislature of the State of Nevada, State of Nevada Department of Taxation and State of Nevada Department of Motor Vehicles). (SC) 20-40113 11/09/2020 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. (Appellants/Cross-Respondents, State, Dep't of Taxation and State, Dep't of Motor Vehicles) (SC) 20-40954 11/10/2020 Docketing Statement Filed Respondent/Cross-Appellants' Response to Docketing Statement. (SC) 20-41128 11/13/2020 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 20-41540 11/18/2020 Notice of Appeal Documents Filed District Court Docket Entries. (SC) 20-42142 11/23/2020 Docketing Statement Filed Respondent-Cross-Appellants' Docketing Statement - Civil. (SC) 20-42647 11/25/2020 Transcript Request Filed Respondents'/Cross-Appellants' Certificate That No Transcript Is Being Requested. (SC). 20-43064 12/01/2020 Order/Clerk's Filed Certification. The clerk of the Nevada Supreme Court certifies to the Honorable Aaron D. Ford, Attorney General of the State of Nevada, that on November 23, 2020, respondent/cross-appellants' filed with the Supreme Court a notice that this appeal draws into question the constitutionality of SB 542 and 551. See NRAP 44. (SC) 20-43404 12/07/2020 Order/Procedural Filed Order to Show Cause. Respondents/cross-appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellants/cross-respondents may file any reply within 14 days from the date that respondents/cross-appellants' response is served. Briefing is suspended. (SC) 20-44299 01/06/2021 Motion Filed Respondent/Cross-Appellants' Response to Order to Show Cause. (SC) 21-00347 01/06/2021 Motion Filed Respondents'/Cross-Appellants' Motion to Amend Caption. (SC) 21-00349 01/14/2021 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant/cross-respondent The Legislature of the State of Nevada shall have until January 27, 2021, to file and serve a response to respondent/cross-appellant's motion to amend caption. (SC) 21-01188 01/21/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant/cross-respondent The Legislature of the State of Nevada's response to respondents/cross-appellants' response to order to show cause due: February 4, 2021. (SC) 21-01863 01/22/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellants/cross-respondents The State of Nevada Department of Motor Vehicles and The State of Nevada Department of Taxation's reply to respondents/cross-appellants' response to order to show cause due: February 4, 2021. (SC) 21-01893 01/27/2021 Motion Filed Appellant/Cross-Respondents' Joint Response to Motion to Amend Caption. (SC) 21-02600 02/03/2021 Motion Filed Respondent/Cross-Appellants' Reply to Joint Response to Motion to Amend Caption. (SC) 21-03276 02/04/2021 Motion Filed Appellants/Cross-Respondents' Joint Reply to Respondents/Cross-Appellants' Response to Order to Show Cause. (SC) 21-03510 02/19/2021 Order/Procedural Filed Order. Respondents/cross-appellants shall have 30 days from the date of this order to respond to the joint reply filed by appellants/cross-respondents on February 4, 2021. Appellant/cross-respondents shall have 14 days from service of the response to file a surreply. At the conclusion of this briefing cycle, this court will consider the briefing in regard to the cross-appeal complete. This court directs the attorneys for the parties to appear before Chief Justice Hardesty at 1:30 p.m. on Thursday March 4, 2021, for an appeal conference to assist in determining how this court should proceed, including the establishment of a briefing schedule on the merits of the appeal. To facilitate this conference, the court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the hearing by teleconference, which will require counsel to have immediate access to a landline phone connection. Within 5 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will appear at the hearing and the phone number and email address of the attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment within the same time frame. (SC) 21-05078 03/04/2021 Order/Procedural Filed Order Setting Briefing Schedule and Scheduling Oral Argument. Briefing on the merits of the appeal is reinstated, and the briefing schedules in the appeal and cross-appeal shall proceed as follows. Appellants/cross-respondents shall file and serve an appendix by March 11, 2021. Appellants/cross-respondents shall have until March 22, 2021, to file and serve the opening brief on appeal. Within the same time period, respondents/cross-appellants shall file the response to the joint reply filed by appellants/cross-respondents on February 4, 2021, in relation to the cross-appeal. Thereafter, respondents/cross-appellants shall have until April 5, 2021, to file and serve an answering brief on appeal. Respondents/cross-appellants may submit an appendix with their answering brief, if deemed necessary. Within the same time period, appellants/cross-respondents shall file a surreply in the cross-appeal. Finally, appellants/cross-respondents shall have until April 19, 2021, to file and serve a reply brief on appeal, if deemed necessary. Within the same time period, respondents/cross-appellants shall file a final reply to the surreply in the cross-appeal. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument before the en banc court on May 3, 2021, at 1:30 p.m. in Carson City. The argument shall be limited to 60 minutes. (SC) 21-06406 03/11/2021 Appendix Filed Joint Appendix. Vol. 1. (SC) 21-07180 03/11/2021 Appendix Filed Joint Appendix. Vol. 2. (SC) 21-07181 03/11/2021 Appendix Filed Joint Appendix. Vol. 3. (SC) 21-07183 03/11/2021 Appendix Filed Joint Appendix. Vol. 4. (SC) 21-07184 03/11/2021 Appendix Filed Joint Appendix. Vol. 5. (SC) 21-07185 03/11/2021 Appendix Filed Joint Appendix. Vol. 6. (SC) 21-07186 03/11/2021 Appendix Filed Joint Appendix. Vol. 7. (SC) 21-07187 03/22/2021 Brief Filed Appellant/Cross-Respondents' Opening Brief. (State of Nevada, Dept of Motor Vehicle's and Dept of Taxation). (SC) 21-08194 03/22/2021 Appendix Filed Appellant/Cross-Respondents' Supplemental Appendix. (SC) 21-08210 03/22/2021 Brief Filed Respondent/Cross-Appellants' Response to Joint Reply to Order to Show Cause. (SC) 21-08212 03/22/2021 Brief Filed Appellant/Cross-Respondents' (Nevada Legislature's) Opening Brief. (SC) 21-08233 03/26/2021 Order/Procedural Filed Order Regarding Oral Argument. This matter is currently scheduled for oral argument on May 3, 2021, at 1:30 p.m. The argument will be videoconferenced. The argument shall be limited to 60 minutes.The court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. Within 7 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC) 21-08700 04/05/2021 Motion Filed Respondents/Cross-Appellants' Motion to File Answering Brief in Excess of Type-Volume Limitation. (SC) 21-09809 04/05/2021 Brief Filed Respondents/Cross-Appellants' Answering Brief. (SC) 21-09810 04/05/2021 Brief Filed Appellants/Cross-Respondents' Joint Surreply Brief on Cross-Appeal. (SC) 21-09816 04/09/2021 Order/Procedural Filed Order Granting Motion. Respondents/cross-appellants' motion for leave to file an answering brief in excess of the type-volume limitation is granted. The answering brief was filed on April 5, 2021. (SC) 21-10316 04/19/2021 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 21-11166 04/19/2021 Brief Filed Respondent/Cross-Appellants' Reply Brief. (SC) 21-11305 04/19/2021 Brief Filed Appellant/Cross-Respondents' (State of Nevada Taxation and State of Nevada of Motor Vehicle) Reply Brief. (SC) 21-11310 04/19/2021 Brief Filed Appellant/Cross-Appellant's (Legislature of State of Nevada) Reply Brief. (SC) 21-11345 04/20/2021 Case Status Update Briefing Completed/To Screening. (SC) 05/03/2021 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc court. 81924. (SC) 05/13/2021 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Hardesty, C.J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Silver/Pickering/Herndon. 137 Nev. Adv. Opn. No. 21. fn7 [We grant the Senators' January 6, 2021, motion to amend the caption of this case to add Senator Nicole Cannizzaro, Senate President Kate Marshall, Senate Secretary Claire J. Clift, and Governor Steve Sisolak in their official capacities as appellants/cross-respondents. The clerk of the court shall therefore amend the caption on this docket to conform with the caption on this opinion.] En Banc. (SC). 21-13709 06/07/2021 Remittitur Issued Remittitur. (SC) 21-16163 06/07/2021 Case Status Update Remittitur Issued/Case Closed. (SC) 06/18/2021 Remittitur Filed Remittitur. Received by County Clerk on June 8, 2021. (SC) 21-16163 Combined Case View