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Case Information

Filed 2024-03-06
Status Notice in Lieu of Remittitur Issued/Case Closed
Type Original Proceeding Civil Prohibition
Docket 80 entries
Disposition affirmance

Docket Entries

  1. Notice in Lieu of Remittitur Issued/Case Closed.(SC)
  2. Filed Petition for Writ of Prohibition. (SC)
  3. Filed Appendix to Petition for Writ - Volume 1 of 4. (SC)
  4. Filed Appendix to Petition for Writ - Volume 2 of 4. (SC)
  5. Filed Appendix to Petition for Writ - Volume 3 of 4. (SC)
  6. Filed Appendix to Petition for Writ - Volume 4 of 4. (SC)
  7. Filed Notice of Association of Counsel. (David Timmins, and Scott Davis, of Husch Blackwell (admitted pro hac vice, see Exhibit 1). Daniel F. Polsenberg, and Abraham G. Smith, of Lewis Roca Rothgerber Christie LLP hereby associate as co-counsel of record for Real Parties in Interest U-Haul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan). (SC)
  8. Filed Order/Answer Writ Petition. Answer due: 21 days. Petitioner shall have 14 days from service of the answer to file and serve any reply. (SC)
  9. Filed Stipulation for Extension of Time to File Answering Briefs(SC)
  10. Filed Order Approving Stipulation. Real Parties in Interests Answer due: May 15, 2024. Petitioner shall have 14 days from service of the answer to file and serve any reply. (SC)
  11. Filed Real Party In Interest Julio Nodarse's Motion to Consolidate(SC)
  12. Filed Stipulation to Consolidate case nos. 88404 and 88226 (REJECTED PER NOTICE ISSUED ON 05-03-2024)(Per NEFR 11(c) stipulation, requires original signatures(SC)
  13. Issued Notice of Rejection of Filed Document(SC)
  14. Filed Stipulation to Consolidate case nos. 88404 and 88226.(SC)
  15. Filed Joint Motion to Extend Briefing Schedule(SC)
  16. Filed Order. Julio Nodarse has filed motions to consolidate these matters and the remaining parties have filed a stipulation for consolidation. The motion is granted and the stipulation is approved. These matters are hereby consolidated. The parties' motions to extend the briefing schedule are granted to the following extent. Real parties in interest in each docket number shall have until June 17, 2024, to file and serve their answers, including authorities, against issuance of the requested writs. Petitioners shall have 14 days from service of the last-filed answer to file and serve any replies. Nos 88226/88404 (SC)
  17. Filed Real Parties in Interest UHaul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan Notice of Appearance.(Kory J. Koerperich for Real Parties Interest)Nos 88226/88404(SC)
  18. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Motion to Extend Time to File Answer and Appendix. Nos 88226/88404(SC)
  19. Filed Real Party in Interest Answering Brief of Real Party in Interest Julio Nodarse to Nancy Montes Castaneda's Petition for Writ of Prohibition Nos 88226/88404(SC)
  20. Filed Order Granting Motion. The motion of U-Haul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan (collectively, UHNV defendants) for a 30-day extension of time to file their answer and appendix in this matter is granted. UHNV defendants shall have until July 17, 2024, to file and serve their answer against issuance of the requested writs and any appendix. Nos. 8826/88404 (SC)
  21. Filed Real Parties in Interest U-Haul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan's Motion to Extend Time to File Answer and Appendix Nos. 8826/88404 (SC)
  22. Filed Order Granting Motion and Directing Filing of Answers. The motion of real parties in interest U-Haul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan (UHNV defendants) for a third (Docket No. 88404) and fourth (Docket No. 88226) extension of time to file their answer and appendix is granted. UHNV defendants shall have until August 16, 2024, to file and serve their answer against issuance of the requested writs and any appendix. On May 24, 2024, this court entered an order directing all real parties in interest to file and serve, by June 17, 2024, their answers, including authorities, against issuance of the requested writs. To date, real parties in interest Key Insurance Company; Terri Nishiguchi; Carolyn Bowers; Robert Harris; U-Haul Holding Company F/K/A Amerco Inc; U-Haul International, Inc.; U-Haul Co. of Arizona, Inc.; Arcoa Risk Retention Group, Inc.; and Nancy Montes Castaneda have failed to comply or otherwise communicate with this court. These real parties in interest shall have 7 days from the date of this order to file and serve their answers. Nos 88226/88404 (SC)
  23. Filed Petitioner's Answering Brief of Real Party in Interest Nancy Montes Castaneda to Julio Nodarse's Petition for Writ of Prohibition Nos 88226/88404 (SC)
  24. Filed Real Parties in Interest U-Haul Co. of Nevada, Inc. Notice of Appearance. (Daniel F. Polsenberg and Kory J. Koerperich of Lewis Roca Rothgerber Christie LLP, Charles T. Meyer and Tabetha A. Martinez of Burger Meyer & D'Angelo LLP, and David Timmins and Scott Davis of Husch Blackwell appear as counsel of record on behalf of U-Haul Holding Company F/K/A Amerco Inc., UHaul International, Inc., U-Haul Co. of Arizona, Inc., and Arcoa Risk Retention Group, Inc)Nos 88226/88404(SC)
  25. Filed Real Parties in Interest Motion to Dismiss or Deny Petition as to UHHC Parties Nos 88226/88404(SC)
  26. Filed Real Parties in Interest Appendix to Motion to Dismiss or Deny Petition as to UHHC Parties, Volume 1 Nos 88226/88404(SC)
  27. Filed Real Parties in Interest Appendix to Motion to Dismiss or Deny Petition as to UHHC Parties, Volume 2 Nos 88226/88404(SC)
  28. Filed Non-opposition of Petitioner/Real Party In Interest Julio Nodarse to Motion to Dismiss UHHC Parties Nos 88226/88404(SC)
  29. Filed Petitioner's Nancy Montes Castaneda Non-Opposition to UHHC Defendants' Motion to Dismiss Nos 88226/88404 (SC)
  30. Filed Order Granting Motion. U-Haul Holding Company F/K/A Amerco Inc.; Uhaul International, Inc.; U-Haul Co. of Arizona, Inc.; and Arcoa Risk Retention Group, Inc. (collectively, UHHC defendants) have filed a motion to dismiss or deny the petition of Julio Nodarse in Docket No. 88404 as to the UHHC defendants. Petitioners Nancy Castaneda and Julio Nodarse have filed non-oppositions to the motion. The motion is granted to the following extent. The petition in Docket No. 88404 is dismissed with respect to U-Haul Holding Company F/K/A Amerco Inc.; Uhaul International, Inc.; U-Haul Co. of Arizona, Inc.; and Arcoa Risk Retention Group, Inc. The clerk shall remove these parties as real parties in interest. (SC)
  31. Filed Notice of Firm Name Change( Meyer, LLP has changed its firm name to Burger, Meyer & D'Angelo, LLP. The firm's contact information remains the same Nos 88226/88404 (SC)
  32. Filed Real Party in Interest UHNV Defendants' Motion to Strike Portions of Petitioners' Appendices Nos 88226/88404 (SC)
  33. Filed Real Parties in Interest Motion to Exceed Word Limit Nos 88226/88404 (SC)
  34. Filed Answer to Petition for Writ Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Answer to Writ Petition. (STRICKEN PER 9/17/24 ORDER).
  35. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 1 (STRICKEN PER ORDER FILED ON 8/20/24) (SC)
  36. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 2 (STRICKEN PER ORDER FILED ON 8/20/24) (SC)
  37. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 3 (STRICKEN PER ORDER FILED ON 8/20/24) (SC)
  38. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 4 (STRICKEN PER ORDER FILED ON 8/20/24) (SC) mtorres-alvarado
  39. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 5 (STRICKEN PER ORDER FILED ON 8/20/24) (SC) mtorres-alvarado
  40. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 6 (STRICKEN PER ORDER FILED ON 8/20/24) (SC) mtorres-alvarado
  41. Filed Order Striking Deficient Document. Order Striking Deficient Appendices to Answer to Petition, Volumes 1- 6 from Real Parties in Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan. Corrected Appendices Volumes 1-6 due: 14 days from the date of this order. Nos.88226/88404 (SC)
  42. Filed Amicus Curiae Notice of Appearance of Counsel Nos 88226/88404 (SC)
  43. Filed Amicus Curiae Motion for Extension of Time for Filing Amicus Curiae Brief and Accompanying Motion Nos 88226/88404 (SC)
  44. Filed Petitioner's Nancy Montes Castaneda's Opposition to UHNV Defendant's Motion to Strike Portions of Petitioner's Appendices. Nos 88226/88404 (SC)
  45. Filed Opposition of Petitioner/Real party in Interest Julio Nodarse to UHNV defendants' Motion to Strike Portions of Petitioners' Appendices.Nos 88226/88404 (STRICKEN PER ORDER FILED ON 8/27/24) (SC)
  46. Filed Order Striking Deficient Document. Order Striking Deficient Julio Nodarse Opposition to Motion. Corrected Opposition due: 7 days from the date of this order. Nos. 88226/88404 (SC)
  47. Filed Petitioner's Julio Nodarse. Opposition of Petitoner/Realparty in Interest Julio Nodarse to UHNV Defendant's Motion to Strike Portions of Petitioner's Appendices. Nos 88226/88404 (SC)
  48. Filed Real Party in Interest Streamlined Request for Extension of Time to File Reply Brief (REJECTED PER NOTICE ISSUED ON 08-28-2024)(SC)
  49. Issued Disapprove Streamlined Extension. Streamlined extension is disapproved.((Writ Petition are not eligible for a streamline) (SC)
  50. Filed Stipulation for Extension of Time to File Reply Briefs. Nos. 88226/88404. (SC).
  51. Filed Real Parties in Interest U-Haul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan's Index to Appendix to Answer to Writ Petition. Nos 88226/88404 (SC)
  52. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 1 Nos 88226/88404 (SC)
  53. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 2 Nos 88226/88404 (SC)
  54. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 3 Nos 88226/88404 (SC)
  55. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 4 Nos 88226/88404 (SC)
  56. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 5 Nos 88226/88404 (SC)
  57. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Appendix to Answer to Writ Petition, Volume 6 Nos 88226/88404 (SC)
  58. Filed Real Party in Interest Motion to Amend Answer (to Conform Citations to New Appendix) and Motion to Exceed Word Limit Nos 88226/88404(SC)
  59. Filed Real Party In Interest U-Haul Co., of Nevada, Inc. Repwest Insurance Company, and Ashley Morgan's Amended Answer to Writ Petition Nos 88226/88404(SC)
  60. Filed Motion for Leave to File Amicus Curiae Brief in Support of Real Parties in Interests U-Haul Co. of Nevada, Inc., Repwest Ins. Co. and Ashley Morgan Supporting Affirmance of the District Court's Order. Nos 88226/88404 (SC)
  61. Filed Amicus Curiae Brief of Truck Renting and Leasing Association in Support of Real Parties in Interest U-Haul Co. of Nevada, Inc., Repwest Ins. Co. and Ashley Morgan Supporting Affirmance of District Court's Order Nos 88226/88404 (SC)
  62. Filed UHNV Defendants' Reply on Motion to Strike Portions of Petitioners' Appendices Nos 88226/88404(SC)
  63. Filed Non-opposition to Truck Renting and Leasing Association's Motion for Leave to File Amicus Curiae Brief Nos 88226/88404(SC)
  64. Filed Order Regarding Motions and Briefing. Real Parties in Interest U-Haul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan (collectively, U-Haul Nevada) have filed a motion to strike certain pages of petitioners' appendices, as well as the portions of the petitions and answers that cite to those pages. The motion to strike is granted with respect to documents that were not presented to the district court. See NRAP 21(a)(4); NRAP 10. The clerk shall strike the following from the appendix filed in Docket No. 88404 on April 3, 2024: volume 3, pages 706-750; volume 4, pages 751-907, volume 7, pages 1611-1750; volume 8, pages 1751-1818, 1855-62, and 1943-2000; and volume 9, pages 2001-25. Any references to these pages in the parties' briefs will be disregarded. U-Haul Co. of Nevada, Inc., Repwest Insurance Company, and Ashley Morgan have also filed an unopposed motion for leave to file an answer in excess of the type-volume limitation and a motion to file an amended answer. The motions are granted. The amended answer was filed on August 30, 2024. The clerk shall strike the answer filed on August 16, 2024. The motion of Truck Renting and Leasing Association for leave to file a brief of amicus curiae in support of real parties in interest U-Haul Co. of Nevada, Inc.; Repwest Insurance Company; and Ashley Morgan is granted. NRAP 29. The amicus brief was filed on August 30, 2024. This court directed these real parties in interest to file and serve their answers by July 29, 2024. To date, these real parties in interest have failed to comply or otherwise communicate with this court. Accordingly, these petitions shall be decided without answers from Key Insurance Company, Terri Nishiguchi, Carolyn Bowers, and Robert Harris. The parties' stipulation for an extension of time for petitioners to file the reply briefs is approved. NRAP 26(b)(2). Petitioners shall have until September 27, 2024, to file and serve their replies. Nos 88226/88404 (SC)
  65. Filed Real Party in Interest Notice of Disassociation(Please take notice that Abraham G. Smith has disassociated from Lewis Roca Rothgerber Christie LLP and no longer represents U-Haul Co. of Nevada, Inc, Repwest Insurance Company, and Ashley Morgan Nos 88226/88404(SC)
  66. Filed Petitioner's Motion to Extend Time to File Reply to Petition for Writ of Mandamus (Second Request)Nos 88226/88404(SC)
  67. Filed Filed Real Party in Interest Reply to Answer to Writ for case 88404 of Julio Nodarse in Support of His Writ of Prohibition or Mandamus Nos 88226/88404 (SC)
  68. Filed Order Granting Motion. Petitioner Nancy Castaneda's motion for a second extension of time to file a reply in support of the petition in Docket No. 88226 is granted. Castaneda shall have until October 11, 2024, to file and serve any reply. Nos. 88226/88404 (SC)
  69. Filed Filed Reply Brief of Petitioner Nancy Montes Castaneda in Support of Her Writ of Prohibition Nos 88226/88404 (SC)
  70. Filed Appellant's Petitioner's Appendix to Reply in Support of Petition (STRICKEN PER 10/14/24 ORDER). Nos 88226/88404 (SC)
  71. Filed Order Striking Deficient Document. Order Striking Deficient Appendix. Appellant's corrected appendix due: 14 days. (SC)
  72. Filed Petitioner's Indexes to Appendix to Reply to Writ Petition. Nos. 88226/88404. (SC)
  73. Filed Petitioner's Indexes to Appendix to Reply to Writ Petition. Nos. 88226/88404. (SC)
  74. Filed Petitioner's Appendix to Reply to Writ Petition. Nos.88226/88404. (SC)
  75. Filed Notice of Appearance(REJECTED PER PHONE CALL)(SC)
  76. Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision before a panel of this court as of the date of this order on the briefs filed herein. Nos. 88226/88404 (SC)
  77. Filed Order Denying Petition (Docket No. 88226) and Granting Petition (Docket No. 88404). Castaneda's arguments may be reviewed on appeal and she has not otherwise demonstrated our extraordinary intervention is warranted, we decline to entertain her petition. "We deny Castaneda's petition in Docket No. 88226." B25-KP/EC/PL (SC)
  78. Filed Petition for En Banc Reconsideration Petitioner Nancy Montes Castaneda Writ Petition Under NRAP 40A(SC)
  79. Filed Order Denying En Banc Reconsideration. En banc reconsideration denied. EN BANC (SC)
  80. Issued Notice in Lieu of Remittitur.(SC)

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