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Court

Nevada Supreme Court

Nevada

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Case Information

Filed 2024-09-12
Status Notice in Lieu of Remittitur Issued/Case Closed
Type Original Proceeding Nrap 5 U.s. District Court
Docket 45 entries

Docket Entries

  1. Notice in Lieu of Remittitur Issued/Case Closed. (SC)
  2. Filed Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada and the Honorable Anne Traum, U.S. District Court Judge. (SC).
  3. Filed Order Accepting Certified Question, Directing Briefing and Directing Submission of Filing Fee. Appellant's opening brief due: 30 days. Respondent shall have 30 days from the date the opening brief is served to file and serve an answering brief. Appellant shall have 21 days from the date the answering brief is served to file and serve any reply brief. Appellant's and respondent's filing fee's due: 14 days. (SC)
  4. Filed Appellant's Notice of Appearance of Counsel (Joshua D. Buck of the law firm Thierman Buck for Appellant's) (SC)
  5. Filed Appellant's Notice of Appearance of Counsel(Leah L. Jones of the law firm Thierman Buck for Appellant)(SC)
  6. Appellant's Filing Fee Paid. $125.00 from Littler Mendelson, P.C. Check no. 38973. (SC)
  7. Filed Appellant's Streamlined Request for Extension of Time to File Opening Brief due: 12-26-2024 (SC)
  8. Issued Approve Streamlined Extension. Streamlined extension approved. Opening Brief due: 12-26-2024 (SC)
  9. Filed Notice of Appearance Amy L. Thompson as counsel for Appellant. (SC)
  10. Respondent's Filing Fee Paid. $125.00 from Hodges & Foty LTD, LLP. Check no. 1210 (SC)
  11. Filed Motion To Associate Counsel (Andrew G.I. Kilberg, Esq. as Pro Hac Vice for Appellant). (SC)
  12. Filed Motion To Associate Counsel (Bradley J. Hamburger as Pro Hac Vice for Appellant). (SC)
  13. Filed Motion to Associate Counsel - (Jason C. Schwartz as Pro Hac Vice for Appellant). (SC)
  14. Filed Motion to Associate Counsel (Megan M. Cooney as Pro Hac Vice for Appellant). (SC)
  15. Filed Appellant' s Opening Brief (SC)
  16. Filed Joint Alphabetical and Chronological Indexes to Appendix (SC)
  17. Filed Joint Appendix Vol. 1 (SC)
  18. Filed Joint Appendix Vol. 2 (SC)
  19. Filed Appellant's Certificate of Service(SC)
  20. Filed Respondent's Streamlined Request for Extension of Time to File Answering Brief(SC)
  21. Issued Approve Streamlined Extension. Streamlined extension approved. Answering Brief due: 02-21-2025.
  22. Filed Order Granting Motions to Associate counsel. Appellant has filed motions to associate attorneys Bradley J. Hamburger, Jason C. Schwartz, Megan M. Cooney, and Andrew G.I. Kilberg all of the law firm Gibson, Dunn & Crutcher LLP in this matter pursuant to SCR 42. These motions are granted. Mr. Hamburger, Mr. Schwartz, Ms. Cooney, and Mr. Kilberg shall be permitted to appear on behalf of appellant in this matter. (SC)
  23. Filed Motion (Don J. Foty having filed his Motion to Associate Counsel under Nevada Supreme Court Rule 42, together with a Verified Application for Association of Counsel, a Certificate of Good Standing from the State Bar of Texas, and the State Bar of Nevada Statement; said application having been noticed, no objections having been made, and the Court being fully apprised in the premises, and good causing appearing as counsel for Respondent.) (SC)
  24. Filed Respondent's Answering Brief (SC)
  25. Filed Appellant's Streamlined Request for Extension of Time to File Reply Brief (SC)
  26. Issued Approve Streamlined Extension. Streamlined extension approved. Reply Brief due: 04-14-2025 (SC)
  27. Filed Motion on Proposed Amicus Nevada Justice Association to File Amicus Brief in Support of Respondent (STRICKEN PER 2/28/25 ORDER). (SC)
  28. Filed Nevada Justice Association Amicus Curiae Brief in Support of Respondent (STRICKEN PER 2/28/25 ORDER). (SC)
  29. Filed Order Striking Deficient Document. Order Striking Deficient "Motion on Proposed Amicus Nevada Justice Association to File Amicus Brief in Support of Respondent" and "Nevada Justice Association Amicus Curiae Brief in Support of Respondent". Corrected documents due: 7 days. (SC)
  30. Filed Motion of Proposed Amicus Nevada Justice Association to File Amicus Curiae Brief in Support of Respondent (SC)
  31. Filed Nevada Justice Association Amicus Curiae Brief in Support of Respondent Urging the Court to Answer the Certified Question in the Negative (SC)
  32. Filed Appellant's Reply Brief. (SC)
  33. Briefing Completed/To Screening. (SC)
  34. Filed Order Granting Motion. Proposed amicus Nevada Justice Association has filed an unopposed motion for leave to file an amicus brief in support of respondent. Having considered the motion and based on the court's review of the proposed brief, this court concludes that the amicus brief may assist in the resolution of this matter. The motion is granted, and the amicus brief was filed on March 7, 2025. Appellant shall have 14 days from the date of this order to file and serve a response to the amicus brief, if deemed necessary. (SC)
  35. Filed Appellant's Response to Amicus Brief of Nevada Justice Association in Support of Respondent (SC)
  36. Briefing Completed/To Screening(SC)
  37. Filed Notice of Change of Address of (Littler Mendelson, P.C./Las Vegas) (ADDRESS UPDATED). (SC)
  38. Filed Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in this matter. Accordingly, oral argument is scheduled for September 4, 2025, at 11:00 a.m., in Las Vegas. The parties shall have 2 minutes of uninterrupted argument at the beginning of each side's presentation in addition to 15 minutes each of argument time. The argument shall be limited to a total of 34 minutes. (SC)
  39. Filed Order of Appointment. Due to Justice Patricia Lee's unavailability to participate in this matter, IT IS HEREBY ORDERED that the Honorable Michael L. Douglas, Senior Justice, is assigned to participate in the determination of this matter. (SC)
  40. Issued Oral Argument Reminder Notice. (SC)
  41. Filed Respondent's (Dwight Malloy) Notice of Appearance for Joshua D. Buck. (SC)
  42. Filed Appellant's Notice of Appearance for Jason C. Schwartz, Bradley L. Hamburger, Andrew G.I. Kilberg, and Montgomery Y. Paek. (SC)
  43. Oral argument held this day. Case submitted for decision before the En Banc Court. (SC)
  44. Filed Authored Opinion. "Question answered." Before the Court En Banc. Author: Parraguirre, J. Majority: Herndon/Pickering/Parraguirre/Bell/Stiglich/Cadish/Douglas. fn1[The Honorable Michael L. Douglas, Senior Justice, was appointed to participate in this matter in place of the Honorable Patricia Lee, Justice.] 141 Nev. Adv. Opn. No. 50. En Banc. (SC)
  45. Issued Notice in Lieu of Remittitur. (SC)

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