19-32346: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600.
| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/15/2016 | Filing Fee | Filing fee due for Appeal. Filing fee will be forwarded by the District Court. | | |
| 04/15/2016 | Notice of Appeal Documents | Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 16-11885
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| 04/15/2016 | 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. | | 16-11887
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| 04/18/2016 | Filing Fee | Filing Fee Paid. $250.00 from Lewis Roca Rothgerber Christie. Check No. 163687. | | |
| 04/18/2016 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. | | 16-12021
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| 04/29/2016 | Transcript | Filed Notice from Court Reporter. Maria Garibay stating that the requested transcripts were delivered. Dates of transcripts: no dates listed. | | 16-13417
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| 05/09/2016 | Order/Clerk's | Filed Order Granting Extension Per Telephonic Request. Docketing Statement due: May 19, 2016. | | 16-14317
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| 05/09/2016 | Settlement Program Report | Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for August 12, 2016 at 10:00 a.m. | | 16-14519
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| 05/20/2016 | Docketing Statement | Filed Docketing Statement Civil Appeals. | | 16-15903
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| 08/15/2016 | Settlement Program Report | Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. | | 16-25289
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| 08/16/2016 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. | | 16-25496
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| 09/15/2016 | Notice/Outgoing | Issued Notice to Request Transcripts. Due date: 10 days. | | 16-28691
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| 09/30/2016 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 06/30/15, 08/02/16, 08/16/16. To Court Reporter: None listed. | | 16-30494
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| 11/08/2016 | Notice/Incoming | Filed Notice of Appearance (Micah Echols as counsel for the Respondent). | | 16-34888
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| 11/15/2016 | Motion | Filed Motion for Extension to File Opening Brief and Appendix. | | 16-35459
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| 11/15/2016 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Opening Brief and Appendix due: December 14, 2016. | | 16-35494
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| 11/22/2016 | Motion | Filed Court Reporter's Motion for Extension of Time to Prepare and File Transcripts. | | 16-36387
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| 12/15/2016 | Motion | Filed Appellant's Motion to Stay Briefing Pending Resolution of Appellate Jurisdiction. | | 16-38860
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| 12/15/2016 | Motion | Filed Court Reporter's Motion for Extension of Time to Prepare and File Transcripts. | | 16-38963
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| 03/08/2017 | Order/Procedural | Filed Order to Show Cause. 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. Respondents may file any reply within 11 days from the date that appellants' response is served. Briefing is suspended.fn1[Appellants' motion to stay the briefing schedule is denied.] fn2[We grant court recorder Maria Garibay's motions for extensions of time to prepare transcripts, and we direct the clerk of this court to file the notice of delivery received on December 19, 2016.] | | 17-07836
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| 03/08/2017 | Transcript | Filed Notice from Court Reporter. Maria Garibay stating that the requested transcripts were delivered. Dates of transcripts: No dates listed. | | 17-07884
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| 03/27/2017 | Notice/Incoming | Filed Substitution of Attorney (Benjamin P. Cloward, Esq. of the Richard Harris Law Firm in place and stead of Hicks & Brasier formerly known as Cloward Hicks & Brasier as counsel for Respondent's). | | 17-10083
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| 04/07/2017 | Motion | Filed Stipulation to Extend Time to Respond to Order to Show Cause. | | 17-11674
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| 05/08/2017 | Motion | Filed Second Stipulation to Extend Time to Respond to Order to Show Cause. | | 17-15250
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| 05/30/2017 | Order/Procedural | Filed Order. Appellants shall have until June 7, 2017, to file and serve the response to the order to show cause. | | 17-17972
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| 06/07/2017 | Motion | Filed Appellant's Response to Order to Show Cause. | | 17-18969
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| 06/16/2017 | Notice of Appeal Documents | Filed Notice of Appeal/Amended/Supplemental. | | 17-19991
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| 06/21/2017 | Order/Procedural | Filed Order Reinstating Briefing. Opening Brief and Appendix due: 60 days. | | 17-20491
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| 08/22/2017 | Motion | Filed Stipulation for Extension to File Opening Brief and Appendix. | | 17-27999
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| 09/05/2017 | Order/Procedural | Filed Order Approving Stipulation. Opening Brief and Appendix due: September 20, 2017. | | 17-29701
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| 09/21/2017 | Motion | Filed Appellant's Unopposed Motion for Extension to File Opening Brief. | | 17-31928
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| 10/09/2017 | Order/Procedural | Filed Order Granting Motion. Opening Brief & Appendix due: October 20, 2017. | | 17-34174
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume I. | | 17-36064
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume II. | | 17-36065
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume III. | | 17-36066
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume IV. | | 17-36067
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume V. | | 17-36068
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume VI. | | 17-36069
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume VII. | | 17-36070
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume VIII. | | 17-36071
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume IX. | | 17-36073
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume X. | | 17-36074
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| 10/20/2017 | Appendix | Filed Appendix to Opening Brief Volume XI. | | 17-36076
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| 10/23/2017 | Motion | Filed Appellant's Motion for Extension of Time to File Opening Brief. | | 17-36136
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| 10/24/2017 | Order/Procedural | Filed Order Granting Motion. Opening Brief due: October 30, 2017. | | 17-36467
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| 10/31/2017 | Motion | Filed Appellants' Motion to Exceed the Type-Volume Limitation for Opening Brief. | | 17-37236
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| 11/06/2017 | Order/Procedural | Filed Order Denying Motion. Appellants have filed a motion for leave to file an opening brief in excess of the type-volume limitation. The motion is denied. The clerk of this court shall reject the proposed opening brief received via E-Flex on October 30, 2017. Appellants shall have 15 days from the date of this order to file and serve a brief that complies with the applicable rules of appellate procedure | | 17-37924
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| 11/22/2017 | Motion | Filed Appellants' Motion for Leave to File Disk as Part of Appellants' Appendix. | | 17-40344
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| 11/22/2017 | Brief | Filed Appellant's Opening Brief. | | 17-40354
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| 12/12/2017 | Order/Procedural | Filed Order Denying Motion. Appellants have filed a motion to submit a video CD identified as "trial exhibit A2" as volume 12 of their appendix. We deny the motion, and direct the clerk of this court to return, unfiled, the supplemental appendix received on November 29, 2017. | | 17-42808
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| 12/15/2017 | Motion | Filed Stipulation for Extension to File Answering Brief and Appendix. | | 17-43324
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| 12/15/2017 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Respondents' Answering Brief and Appendix due: January 22, 2018. | | 17-43326
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| 01/22/2018 | Motion | Filed Respondent's Motion for Extension of Time to File Answering Brief and Appendix. | | 18-02753
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| 02/01/2018 | Order/Procedural | Filed Order Granting Motion. Answering Brief due: February 21, 2018. | | 18-04371
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| 02/22/2018 | Motion | Filed Respondent's Motion for Order Requiring Transmission of Physical Trial Exhibit from District Court. | | 18-06888
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| 02/22/2018 | Motion | Filed Respondent's Motion for Extension of Time to File Answering Brief. | | 18-06918
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| 02/22/2018 | Appendix | Filed Respondents' Appendix, Volume 1. | | 18-06965
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| 02/22/2018 | Appendix | Filed Respondents' Appendix, Volume 2. | | 18-06967
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| 02/22/2018 | Appendix | Filed Respondents' Appendix, Volume 3. | | 18-06968
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| 02/22/2018 | Appendix | Filed Respondents' Appendix, Volume 4. | | 18-06969
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| 02/22/2018 | Appendix | Filed Respondents' Appendix, Volume 5. | | 18-06970
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| 03/01/2018 | Order/Procedural | Filed Order Regarding Motions. The clerk of the district court shall have 20 days from the date of this order to transmit to clerk of this court trial Exhibit 2. Respondent's Answering Brief due: March 7, 2018. | | 18-08119
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| 03/06/2018 | Notice/Incoming | Filed Appellant's Notice Removal From Service Lists (Leann Sanders). | | 18-08822
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| 03/08/2018 | Brief | Filed Respondents' Answering Brief. | | 18-09196
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| 04/09/2018 | Motion | Filed Stipulation for Extension to File Appellant's Reply Brief. | | 18-13491
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| 04/09/2018 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: May 9, 2018. | | 18-13496
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| 05/10/2018 | Motion | Filed Appellant's Unopposed Motion for Extension to File Reply Brief. | | 18-17875
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| 05/30/2018 | Order/Procedural | Filed Order Granting Motion. Appellant's Reply Brief due: June 8, 2018. | | 18-20520
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| 06/11/2018 | Motion | Filed Respondent's Motion to Expedite Any Oral Argument Hearing and Decision. | | 18-22077
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| 06/11/2018 | Brief | Filed Appellants' Reply Brief. | | 18-22084
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| 06/11/2018 | Case Status Update | Briefing Completed/To Screening. | | |
| 07/02/2018 | Order/Procedural | Filed Order Granting Motion. The court will expedite the resolution of this appeal to the extent permitted by its docket. | | 18-25115
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| 10/01/2018 | Appendix | Filed Appendix to Opening Brief. (Supplement to Appendix Volume 7) | | 18-38360
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| 10/29/2018 | Order/Clerk's | Filed Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument. | | 18-42257
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| 10/30/2018 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, December 3, 2018, at 2:30 p.m. for 30 minutes in Las Vegas. | | 18-42446
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| 11/15/2018 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (SC) | | 18-904327
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| 12/03/2018 | Case Status Update | Oral argument held this day. Case submitted for decision. Before the En Banc Court. (SC) | | |
| 08/01/2019 | Opinion/Dispositional | Filed (VACATED PER ORDER FILED 3/6/20). Filed Authored Opinion. "Reversed and Remanded. Before the Court En Banc. Author: Hardesty, J., Majority: Hardesty/Gibbons/Parraguirre. Pickering, J., concurring. Stiglich, J., with whom Cadish and Silver, JJ. agree, dissenting. 135 Nev. Adv. Opn. No. 32. (SC) | | 19-32346
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| 08/09/2019 | Order/Clerk's | Filed Order Granting Extension Per Telephonic Request. Respondents' Petition for Rehearing due: September 3, 2019. (SC). | | 19-33611
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| 08/15/2019 | Notice/Incoming | Filed Appellants' Bill of Costs. (SC). | | 19-34457
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| 08/28/2019 | Motion | Filed Respondents' Motion for Extension of Time to File Petition for Rehearing. (SC) | | 19-35923
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| 08/29/2019 | Order/Procedural | Filed Order Granting Motion. Respondents shall have until October 3, 2019, to file and serve a petition for rehearing. If no petition for rehearing is filed within this time period, the clerk shall issue the remittitur forthwith. (SC) | | 19-36166
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| 10/03/2019 | Post-Judgment Petition | Filed Respondents' Petition for Rehearing. (SC) | | 19-41141
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| 10/03/2019 | Filing Fee | Filing fee paid. E-Payment $150.00 from Micah S. Echols. (SC) | | |
| 10/10/2019 | Order/Procedural | Filed Order Directing Answer to Petition for Rehearing. Appellant's Answer due: 14 days. (SC) | | 19-41963
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| 10/24/2019 | Motion | Filed Appellants' Motion for Extension of Time to File Answer to Petition for Rehearing. (SC) | | 19-44138
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| 11/01/2019 | Order/Procedural | Filed Order Granting Motion. Appellants' Answer to the Petition for Rehearing due: November 25, 2019. (SC). | | 19-44972
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| 11/25/2019 | Motion | Filed Appellant's Motion for Extension of Time to File Answer to Petition for Rehearing. (SC) | | 19-48229
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| 11/26/2019 | Order/Procedural | Filed Order Granting Motion. Appellants shall have until December 26, 2019, to file and serve the answer to the petition for rehearing. (SC) | | 19-48372
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| 12/26/2019 | Motion | Filed Appellant's Motion for Extension of Time to File Answer to Petition for Rehearing. (SC) | | 19-52177
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| 12/27/2019 | Order/Procedural | Filed Order Granting Motion for Extension of Time. Appellant's Answer to Petition for Rehearing due: January 9, 2020. (SC) | | 19-52228
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| 01/09/2020 | Post-Judgment Petition | Filed Appellants' Answer to Petition for Rehearing. (SC) | | 20-01198
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| 01/14/2020 | Notice/Incoming | Filed Notice of Change of Firm Affiliation (Micah Echols is now with the Law Firm of Claggett & Sykes). (SC). | | 20-01871
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| 03/06/2020 | Post-Judgment Order | Filed Order Granting Rehearing, Vacating Opinion, and Scheduling Oral Argument. "We therefore grant the petition and vacate our prior opinion. Oral argument is scheduled for April 1, 2020, at 1:30 p.m. in Las Vegas. Argument shall be limited to 30 minutes." En Banc. (SC) | | 20-08976
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| 03/11/2020 | Order/Procedural | Filed Notice Regarding Oral Argument. To minimize and allay concern about exposure to COVID-19, the Supreme Court may, on written request, permit lawyers to participate in oral argument by videoconference. For a request to be granted, the parties' internet capabilities must be compatible with those of the court. A written request for videoconference must be addressed to the Clerk of the Court and filed and served at least 3 business days before the date set for oral argument. (SC). | | 20-09623
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| 03/18/2020 | Order/Procedural | Filed Order. In keeping with public health precautions recommended in response to COVID-19 and the emergency declared by Governor Sisolak on March 15, 2020, the Nevada Supreme Court and Court of Appeals are postponing all oral arguments until further notice. This includes the arguments scheduled for March 20 and 24 and April 1 and 15. This also includes the public hearing scheduled for April 22 in ADKT 435 and ADKT 553. The court will examine the options for rescheduling or submitting those cases as circumstances develop. The Clerk of the Court is directed to file and serve copies of this order in all cases in which oral argument has been scheduled and to post it on the Court's webpage. (SC). | | 20-10546
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| 05/08/2020 | Order/Procedural | Filed Order Rescheduling Oral Argument. On March 6, 2020, this court entered an order scheduling oral argument in this matter for April 1, 2020, at 1:30 p.m. Thereafter, argument was postponed due to the coronavirus pandemic. Argument is rescheduled for July 6, 2020, at 10:00 a.m. Argument shall be limited to 30 minutes. Within 14 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 that 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 the capabilities of the connection and video equipment approximately one week prior to argument. (SC). | | 20-17516
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| 05/21/2020 | Notice/Incoming | Filed Notice of Appearance. Sean K. Claggett for Respondents. (SC) | | 20-19426
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| 06/22/2020 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (SC) | | 20-23083
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| 07/06/2020 | Notice/Incoming | Filed Notice of Appearance. Alison Brasier for Respondents. (SC) | | 20-24665
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| 07/06/2020 | Case Status Update | Oral argument held this day. Case submitted for decision. Before the En Banc Court. 70164. (SC) | | |
| 09/11/2020 | Order/Dispositional | Filed (VACATED PER ORDER FILED 11/20/20). Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." EN BANC. (SC) | | 20-33470
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| 09/28/2020 | Order/Clerk's | Filed Order Granting Extension Per Telephonic Request. Appellants' petition for rehearing due: October 13, 2020. (SC) | | 20-35605
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| 10/01/2020 | Motion | Filed Respondent's Motion to Terminate Appellate Proceedings and Issue the Remittitur Forthwith. (SC) | | 20-36004
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| 10/01/2020 | Order/Procedural | Filed Order. Alison Brasier of Hicks & Brasier, PLLC, filed a notice of appearance as counsel for respondents. The clerk of this court shall add Ms. Brasier and the law firm of Hicks & Brasier to the docket in this appeal. (SC) | | 20-36064
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| 10/08/2020 | Motion | Filed Appellant's Response to Motion Opposition to "Motion to Terminate Appellate Proceedings and Issue Remittitur Forthwith". (SC) | | 20-37056
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| 10/13/2020 | Motion | Filed Appellant's Motion to Extend Time to File Petition for Rehearing. (SC) | | 20-37645
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| 10/26/2020 | Order/Procedural | Filed Order. Respondents filed a motion to terminate appellant proceedings and issue remittitur in this matter. Respondents' motion is denied. Appellant's motion for an extension of time to file a petition for rehearing is granted. Petition for rehearing due: October 27, 2020. (SC) | | 20-39216
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| 10/27/2020 | Post-Judgment Petition | Filed Appellants' Petition for Rehearing. (SC) | | 20-39390
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| 10/27/2020 | Filing Fee | Filing fee paid. E-Payment $150.00 from Joel D. Henriod. (SC) | | |
| 11/20/2020 | Post-Judgment Order | Filed Order Denying Rehearing. We agree that the references to NRS 31.141 in the September 11, 2020, Order of Affirmance were in error and therefore vacate that order and issue the amended order filed herewith in its place. "We therefore deny rehearing." NRAP 40(c). | | 20-42482
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| 11/23/2020 | Order/Dispositional | Filed Amended Order Affirming and Directing Immediate Issuance of Remittitur. "We affirm the district court's judgment." We also direct the clerk of the court to immediately issue remittitur upon the filing of this order. fn2[We vacate our September 11, 1010, order and issue this one in its place. EN BANC (SC) | | 20-42595
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| 11/23/2020 | Order/Procedural | Filed Order Denying Bill of Costs. Since appellants are not the prevailing party in this appeal, they are not entitled to costs. Appellant's bill of costs is denied. (SC) | | 20-42596
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| 11/23/2020 | Remittitur | Issued Remittitur. (SC) | | 20-42598
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| 11/23/2020 | Case Status Update | Remittitur Issued/Case Closed. (SC) | | |
| 12/18/2020 | Remittitur | Filed Remittitur. Received by District Court Clerk on December 1, 2020. (SC) | | 20-42598
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