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Case Information
Filed
2023-12-21
Status
Notice in Lieu of Remittitur Issued/Case Closed
Type
Original Proceeding Nrap 5 U.s. District Court
Docket
31 entries
Docket Entries
- Notice in Lieu of Remittitur Issued/Case Closed.(SC)
- Filed Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada and the Honorable Andrew P. Gordon, U.S. District Court Judge. (SC).
- Filed Order Accepting Certified Question, Directing Briefing and Directing Submission of Filing Fee. Appellant shall have 30 days from the date of this order to file and serve an opening brief. Respondent Ridge Tool Company shall have 30 days from the date the opening brief is served to file and serve an answering brief. Appellant shall then have 21 days from the date the answering brief is served to file and serve any reply brief. The parties' briefs shall comply with NRAP 28, 28.2, 31(c), and 32. See NRAP 5(g)(2). The parties may file a joint appendix containing any portions of the record before the U.S. District Court that are necessary to this court's resolution of the certified questions. Lastly, in any proceeding under NRAP 5, fees "shall be the same as in civil appeals . . . and shall be equally divided between the parties unless otherwise ordered by the certifying court." NRAP 5(e). The U.S. District Court's order does not address the payment of this court's fees. Accordingly, appellant and Ridge Tool Company shall each tender to the clerk of this court, within 14 days from the date of this order, the sum of $125, representing half of the filing fee. fn1[Although Home Depot is listed as a respondent, it does not appear that Home Depot is involved with the issues that generated the certified question. We will presume that Home Depot does not wish to be involved in this matter unless notified otherwise by the time an answering brief is due.] En Banc (SC)
- Filing Fee Paid. $125.00 from Law Office of David Sampson. Check no. 3503. (SC)
- Filing Fee Paid. $125.00 from Wilson, Elser, Moskowitz, Edelman & Dicker LLP. Check no. 021607. (SC)
- Filed Appellant's Motion for Extension of Time to File Appellant's Opening Brief and Appendix(SC)(First Request)(SC)
- Issued Notice Motion/Stipulation Approved "Opening Brief and Appendix Due date: 04-24-24(SC)
- Filed Notice of Appearance of Amicus Counsel(Tom W. Stewart and Matthew L. Sharp for Amicus Nevada Justice Association)(SC)
- Filed Amicus Curiae Motion for Extension of Time to File Amicus Brief of the Nevada Justice Association(First Request)(SC)
- Filed Appellant's Opening Brief (REJECTED PER NOTICE ISSUED ON 04-23-2024)(Appendix attached to Brief)(SC)
- Issued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. "Opening Brief and Appendix Due date:04-29-2024(SC)
- Filed Respondents The Home Depot, Inc., and Ridge Tool Company's Opposition to Motion for Extension of Time to File Amicus Brief of the Nevada Justice Association(SC)
- Filed Appellant's Appendix Volume 1(SC)
- Filed Appellant's Opening Brief(SC)
- Filed Order Granting Motion. Proposed amicus Nevada Justice Association (NJA) has filed a motion for an extension of time to file its motion for leave to file an amicus brief in support of appellant. Respondents oppose the motion. Having reviewed the parties' arguments, this court grants NJA's motion to the following extent. NJA shall have until May 28, 2024, to file and serve its motion for leave to file an amicus brief, accompanied by the proposed brief. (SC)
- Filed Respondent's Answering Brief(SC)
- Filed Respondent's Appendix (SC)
- Filed Motion for Leave to File Amicus Brief of the Nevada Justice Association. (DETACHED BRIEF AND FILED PER 6/7/24 ORDER). (SC)
- Filed Respondents' (The Home Depot, Inc. and Ridge Tool Company) Response to Motion for Leave to File Amicus Brief of the Nevada Justice Association. (SC)
- Filed Respondents' (The Home Depot, Inc. and Ridge Tool Company) Motion for Leave to File Response to Brief. (SC)
- Filed Notice of Appearance of Amicus Amicus CuriaeProduct Liability Advisory Council, Inc. and Skylar Nicole Arakawa-Pamphilon (Snell & Wilmer, LLP/Las Vegas) & Chad R. Fears (Evans Fears & Schuttert LLP) in Support of Respondent)(SC)
- Filed Amicus Curiae Motion of Products Liability Advisory Council, Inc. For Leave to File Amicus Curiae Brief in Support of Respondent (BRIEF DETACHED AND FILED PER 6/7/24 ORDER). (SC)
- Filed Order Granting Motion. Proposed amicus Nevada Justice Association (NJA) has filed a motion requesting leave to file an amicus brief in support of appellant. Respondents do not oppose the motion and have moved for leave to conditionally file a response to NJA's brief should they deem that a response is appropriate and necessary, and for an extension until June 28, 2024, to file any response. The motion is granted. The clerk of this court shall detach the proposed brief from NJA's motion filed on May 28, 2024, and shall file it separately. Respondents shall have until June 28, 2024, to file any response to NJA's brief, which shall not exceed 7,000 words. Proposed amicus curiae The Product Liability Advisory Counsel, Inc. (PLAC) has filed a motion for leave to file a brief of amicus curiae in support of respondents. The motion is granted. The clerk of this court shall detach the amicus brief from the motion filed on June 3, 2024, and shall file it separately. (SC)
- Filed Amicus Brief of the Nevada Justice Association. (SC)
- Filed Products Liability Advisory Council, Inc. Amicus Curiae Brief in Support of Respondent. (SC)
- Filed Appellant's Reply Brief (SC)
- Briefing Completed. (SC).
- Filed Respondent's Brief in Response to Amicus Brief Submitted by the Nevada Justice Association (SC)
- Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision before the en banc court as of the date of this order on the briefs filed herein. (SC)
- Filed Authored Opinion. "Question answered." Before the Court En Banc. Author: Cadish, J. Majority: Herndon/Parraguirre/Stiglich/Cadish/Lee. Bell, J., with whom Pickering, J., dissenting. 141 Nev. Adv. Opn. No. 23. En Banc. (SC).
- Issued Notice in Lieu of Remittitur.(SC)
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