SOUTHWEST GAS CORP. v. PUB. UTILITIES COMM'N OF NEV.

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Case Information: 80911
Short Caption:SOUTHWEST GAS CORP. VS. PUB. UTILITIES COMM'N OF NEV.Court:Supreme Court
Related Case(s):80175
Lower Court Case(s):Clark Co. - Eighth Judicial District - A791302Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:Exempt
Oral Argument:09/10/2021 at 10:00 AMOral Argument Location:Las Vegas
Submission Date:09/10/2021How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
Amicus CuriaeNevada Resort AssociationLaura K. Granier (Holland & Hart LLP/Reno)
Erica K. Nannini (Holland & Hart LLP/Reno)
AppellantSouthwest Gas CorporationJoel D. Henriod (Lewis Roca Rothgerber Christie LLP/Las Vegas)
Daniel F. Polsenberg (Lewis Roca Rothgerber Christie LLP/Las Vegas)
Abraham G. Smith (Lewis Roca Rothgerber Christie LLP/Las Vegas)
RespondentBureau of Consumer ProtectionWhitney F. Digesti (Attorney General/Carson City)
Ernest D. Figueroa (Attorney General/Carson City)
Mark J. Krueger (Attorney General/Las Vegas)
Paul E. Stuhff (Attorney General/Las Vegas)
RespondentPublic Utilities Commission of NevadaMatthew S. Fox (Public Utilities Commission of Nevada)
Debrea M. Terwilliger (Former) (Public Utilities Commission of Nevada)
Garrett C. Weir (Public Utilities Commission of Nevada)

Docket Entries
DateTypeDescriptionPending?Document
04/02/2020Filing FeeFiling Fee due for Appeal. (SC)
04/02/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)20-12640
04/02/2020Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (SC)20-12643
04/14/2020Filing FeeFiling Fee Paid. $250.00 from Lewis Roca Rothgerber Christie. Check no. 200491. (SC)
04/14/2020Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 21 days. (SC)20-14114
04/15/2020Settlement NoticeIssued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellant: 14 days transcript request form; 120 days opening brief. (SC)20-14174
04/29/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 01/09/20. To Court Reporter: None listed. (SC)20-16332
05/07/2020Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant' Docketing Statement due: May 19, 2020. (SC)20-17278
05/19/2020Docketing StatementFiled Docketing Statement Civil Appeals. (SC).20-19118
05/26/2020Docketing StatementFiled The Public Utilities Commission of Nevada's Response to the Docketing Statement Pursuant to NRAP 14(F) and Request to Exceed the One-Page Limit Imposed by NRAP 14(F). (SC).20-19874
06/02/2020TranscriptFiled Notice from Court Reporter. Christine Erickson stating that the requested transcripts were delivered. Dates of transcripts: 01/09/20. (SC)20-20766
06/16/2020Order/ProceduralFiled Order to Show Cause. Appellant's Response due: 30 days. Respondent may file any reply within 14 days from of service of appellant's response. Briefing is suspended. (SC)20-22457
07/01/2020MotionFiled Motion to Dismiss Appeal (REJECTED PER NOTICE ISSUED 07/02/20). (SC)
07/02/2020Notice/OutgoingIssued Notice Of Rejection - No Notice Of Appearance. Motion to Dismiss Appeal. (SC)20-24519
07/06/2020Notice/IncomingFiled Notice of Appearance (Ernest D. Figueroa, Mark J. Krueger, Whitney Digesti and Paul Stuhff as counsel for State of Nevada). (SC)20-24763
07/06/2020MotionFiled Motion to Dismiss Appeal. (SC)20-24796
07/09/2020Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (SC)20-25332
07/10/2020MotionFiled Respondent Public Utilities Commission of Nevada's Joinder in Support of the Bureau of Consumer Protection's Motion to Dismiss Appeal. (SC)20-25568
07/13/2020MotionFiled Appellant's Opposition to Motion to Dismiss. (SC)20-25803
07/16/2020MotionFiled Appellant's Response to Order to Show Cause. (SC)20-26242
07/20/2020BriefFiled Reply to Southwest Gas Company's Opposition to the Bureau of Consumer Protection's Motion to Dismiss Appeal. (REJECTED PER 07/21/20 NOTICE).
07/21/2020Notice/OutgoingIssued Notice Of Rejection - No Notice Of Appearance (Reply to Southwest Gas Company's Opposition to the Bureau of Consumer Protection's Motion to Dismiss Appeal.) (SC).20-26551
07/24/2020MotionFiled Reply to Southwest Gas Company's Opposition to the Bureau of Consumer Protection's Motion to Dismiss Appeal. (SC)20-27080
07/24/2020MotionFiled Respondent Public Utilities Commission of Nevada's Reply to Southwest Gas Corporation's Response to Order to Show Cause. (SC)20-27125
07/27/2020Order/ProceduralFiled Order Denying Motion to Dismiss and Reinstating Briefing. The clerk of this court shall amend the caption on this appeal to conform to the caption on this order, and shall add attorneys Mark J. Krueger, Whitney Digesti, and Paul Stuhff of the Office of the Nevada Attorney General as counsel of record for respondent Bureau. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. (SC)20-27239
07/30/2020Order/ProceduralFiled Order. Pursuant to the notice of appearance filed on July 6, 2020, the clerk of this court shall add attorney Ernest D. Figueroa to this court's docket as counsel of record for respondent State of Nevada, Bureau of Consumer Protection. (SC)20-27818
09/25/2020MotionFiled Appellant's Motion for Extension to File Opening Brief and Appendix. (SC)20-35480
09/28/2020Notice/OutgoingIssued Notice Motion/Stipulation Approved. Appellant's Opening Brief and Appendix due: October 26, 2020. (SC)20-35519
10/26/2020MotionFiled Appellant's Motion for Extension to File Opening Brief and Appendix. (SC)20-39223
10/27/2020MotionFiled Respondent Public Utilities Commission of Nevada's Opposition to Southwest Gas Corporation's Motion for Extension to File Opening Brief and Appendix. (SC)20-39238
10/27/2020MotionFiled Respondent The Public Utilities Commission of Nevada's Request to Exceed the 10-Page Limit Imposed by NRAP 27(D)(2). (SC)20-39241
11/03/2020MotionFiled Appellant's Nonopposition to Motion to Exceed Page Limit and Reply Brief on Motion for Extension to File Opening Brief and Appendix. (SC)20-40112
11/09/2020Order/ProceduralFiled Order Granting Motion. Appellant has filed a motion requesting a second extension of time to file the opening brief and appendix. The motion is granted. Opening brief and appendix due: November 30, 2020. PUCN's request that this appeal be dismissed is denied. Fn1 [PUCN's motion to file an opposition that exceeds the page limitation is granted. NRAP 27(d)(2). The opposition was filed on October 27, 2020.] (SC)20-40851
11/30/2020MotionFiled Appellant's Motion for Extension to File Opening Brief and Appendix. (SC)20-43366
12/02/2020MotionFiled Public Utilities Commission of Nevada's Response to Southwest Gas Corporation's Motion for Extension to File Opening Brief and Appendix. (SC)20-43570
12/09/2020MotionFiled Appellant's Reply Brief on Motion for Extension to File Opening Brief and Appendix. (SC)20-44866
12/10/2020Order/ProceduralFiled Order Granting Motion. Appellant's opening brief and appendix due: January 4, 2021. (SC)20-44924
01/04/2021AppendixFiled Joint Appendix - Volume 1 (pgs 1-250). (SC)21-00129
01/04/2021AppendixFiled Joint Appendix - Volume 2 (pgs 251-500). (SC)21-00130
01/04/2021AppendixFiled Joint Appendix - Volume 3 (pgs 501-750). (SC)21-00131
01/04/2021AppendixFiled Joint Appendix - Volume 4 (pgs 751-1000). (SC)21-00132
01/04/2021AppendixFiled Joint Appendix - Volume 5 (pgs 1001-1250). (SC)21-00133
01/04/2021AppendixFiled Joint Appendix - Volume 6 (pgs 1251-1500). (SC)21-00134
01/04/2021AppendixFiled Joint Appendix - Volume 7 (pgs 1501-1750). (SC)21-00135
01/04/2021AppendixFiled Joint Appendix - Volume 8 (pgs 1751-2000). (SC)21-00136
01/04/2021AppendixFiled Joint Appendix - Volume 9 (pgs 2001-2250). (SC)21-00137
01/04/2021AppendixFiled Joint Appendix - Volume 10 (pgs 2251-2500). (SC)21-00138
01/04/2021AppendixFiled Joint Appendix - Volume 11 (pgs 2501-2750). (SC)21-00139
01/04/2021AppendixFiled Joint Appendix - Volume 12 (pgs 2751-3000). (SC)21-00140
01/04/2021AppendixFiled Joint Appendix - Volume 13 (pgs 3001-3250). (SC)21-00141
01/04/2021AppendixFiled Joint Appendix - Volume 14 (pgs 3251-3500). (SC)21-00142
01/04/2021AppendixFiled Joint Appendix - Volume 15 (pgs 3501-3750), part 1. (SC)21-00143
01/04/2021AppendixFiled Joint Appendix - Volume 16 (pgs 3751-4000). (SC)21-00144
01/04/2021AppendixFiled Joint Appendix - Volume 17 (pgs 4001-4250). (SC)21-00145
01/04/2021AppendixFiled Joint Appendix - Volume 18 (pgs 4251-4500). (SC)21-00146
01/04/2021AppendixFiled Joint Appendix - Volume 19 (pgs 4501-4750). (SC)21-00147
01/04/2021AppendixFiled Joint Appendix - Volume 20 (pgs 4751-5000). (SC)21-00148
01/04/2021AppendixFiled Joint Appendix - Volume 21 (pgs 5001-5250). (SC)21-00149
01/04/2021AppendixFiled Joint Appendix - Volume 22 (pgs 5251-5354). (SC)21-00150
01/04/2021MotionFiled Appellant's Motion for Extension to File Opening Brief and Appendix. (SC)21-00151
01/07/2021MotionFiled Respondent Public Utilities Commission of Nevada's Response to Southwest Gas Corporation's Motion for Extension. (SC)21-00362
01/15/2021Order/ProceduralFiled Order Granting Motion. Appellant shall have until January 26, 2021, to file and serve the opening brief. (SC)21-01377
01/26/2021MotionFiled Appellant's Motion to Exceed Word Limit for Appellant's Opening Brief. (SC)21-02481
01/26/2021BriefFiled Appellant's Opening Brief. (SC)21-02482
01/29/2021Order/ProceduralFiled Order Granting Motion. Appellant's motion for leave to file an opening brief in excess of the type-volume limitation is granted. The opening brief was filed on January 26, 2021. Respondents shall have 30 days from the date of this order to file and serve the answering brief(s). (SC)21-02842
03/01/2021MotionFiled Motion to Exceed Word Limit for Respondent Public Utilities Commission of Nevada's Answering Brief. (SC)21-06006
03/01/2021BriefFiled Respondent's Answering Brief (Public Utilities Commission of Nevada). (SC)21-06007
03/01/2021MotionFiled Motion to Exceed Word Limit for Response Brief (State of Nevada, Bureau of Consumer Protection). (SC)21-06015
03/01/2021BriefFiled Response Brief (State of Nevada, Bureau of Consumer Protection). (SC)21-06016
03/05/2021Order/ProceduralFiled Order Granting Motion. Respondents' motions for leave to file answering briefs in excess of the type-volume limitation are granted. The answering briefs were filed on March 1, 2021. Appellant shall have until March 31, 2021, to file and serve a reply brief, if deemed necessary. (SC)21-06458
03/08/2021MotionFiled Nevada Resort Association's Motion for Leave to File Amicus Curiae Brief. (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 3/19/21). (SC)21-06742
03/19/2021Order/ProceduralFiled Order Granting Motion. The clerk shall detach the amicus brief from the motion filed on March 8, 2021, and shall file it separately. (SC)21-08006
03/19/2021BriefFiled Nevada Resort Association's Amicus Brief. (SC)21-08009
03/31/2021MotionFiled Appellant's Motion to Exceed Word Limit for Reply Brief. (SC)21-09393
03/31/2021BriefFiled Appellant's Reply Brief. (SC)21-09394
03/31/2021AppendixFiled Appellant's Appendix to Reply Brief. Vol. 23. (SC)21-09395
04/08/2021Order/ProceduralFiled Order Granting Motion. Appellant's motion for leave to file a reply brief in excess of the type-volume limitation is granted. The reply brief and accompanying appendix were filed on March 31, 2021. (SC)21-10111
04/08/2021Case Status UpdateBriefing Completed/To Screening. (SC)
05/27/2021MotionFiled Motion of Withdrawal of Debrea M. Terwilliger as Counsel for the Public Utilities Commission of Nevada. (SC)21-15218
06/04/2021Order/ProceduralFiled Order Granting Motion to Withdraw. Debrea M. Terwilliger, counsel for respondent Public Utilities Commission of Nevada (PUCN), has filed a motion to withdraw as counsel of record. Cause appearing, the motion is granted. The clerk shall remove Ms. Terwilliger as counsel of record. (SC) PUCN shall remain represented by attorney Garrett C. Weir. (SC)21-16070
08/03/2021Order/ProceduralFiled Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument on September 10, 2021, at 10:00 a.m. in Las Vegas. The argument shall be limited to 60 minutes. (SC)21-22485
08/10/2021MotionFiled Nevada Resort Association's Motion to Participate in Oral Argument (Amicus Curiae). (SC)21-23194
08/13/2021Order/ProceduralFiled Order Granting Motion. Amicus Nevada Resort Association has filed a motion to participate in oral argument in this matter currently scheduled for September 10, 2021, at 10:00 a.m. in Las Vegas. Cause appearing, the motion is granted. Amicus shall share the time allotted to respondents as determined by respondents and amicus. Oral argument shall be limited to a total of 60 minutes. (SC)21-23672
08/17/2021Notice/IncomingFiled Substitution of Matthew S. Fox as Counsel for The Public Utilities Commission of Nevada (Matthew S. Fox, Assistant General Counsel to the Public Utilities Commission of Nevada is substituted as counsel replacing Debra M. Terwilliger). (SC)21-23976
08/24/2021Order/ProceduralFiled Order Approving Substitution of Counsel. On August 17, 2021, attorney Matthew S. Fox filed a substitution of counsel for respondent Public Utilities Commission of Nevada (PUCN). The substitution is approved. See NRAP 46(e)(2). The clerk of this court shall add Matthew S. Fox as co-counsel for PUCN. (SC)21-24625
08/26/2021Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)21-24843
08/26/2021Notice/IncomingFiled Respondent Public Utilities Commission of Nevada's Joinder in Support of Nevada Resort Association's Motion to Participate in Oral Argument. (SC)21-24851
08/27/2021Order/ProceduralFiled Order Regarding Oral Argument. This matter is currently scheduled for oral argument on September 10, 2021, at 10:00 a.m. This court's August 3, 2021, scheduling order noted the possibility of holding oral argument by videoconference. The current status of the Covid-19 pandemic requires counsel to appear remotely for this argument. 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 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 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. (SC)21-25031
09/10/2021Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. 80911. (SC)
02/17/2022Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Supreme Court, En Banc. Author: Stiglich, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Silver/Pickering/Herndon. 138 Nev. Adv. Opn. No. 5. (SC)22-05253
03/14/2022RemittiturIssued Remittitur. (SC)22-07990
03/14/2022Case Status UpdateRemittitur Issued/Case Closed. (SC)
03/22/2022RemittiturFiled Remittitur. Received by District Court Clerk on March 15, 2022. (SC)22-07990
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