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Case Information: 45755
Short Caption:SPARKS NUGGET VS. STATE, TAXATIONCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0400759Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:08/17/2005 / King, PatrickSP Status:Completed
Oral Argument:03/08/2007 at 11:00 AMOral Argument Location:Carson City
Submission Date:03/08/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/12/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices of John S. Bartlett--check no. 2061.
08/12/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.)05-15986
08/16/2005Docketing StatementFiled Docketing Statement.05-16257
08/17/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Patrick O. King. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/23/2005Notice/IncomingFiled Proof of Service. Certificate of Service for Docketing Statement served upon Settlement Judge King.05-16708
10/05/2005Notice/IncomingFiled Substitution of Attorneys. Christopher G. Nielsen instead of Gregory L. Zunino.05-19804
11/23/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: January 10, 2006.05-23165
12/14/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.05-24404
12/20/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix.05-24731
01/11/2006Notice/OutgoingIssued Notice to Request Transcripts.
01/20/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 10, 2005. To Court Reporter: Christina Herbert.06-01525
01/25/2006TranscriptFiled Transcript. Proceedings: 03/10/05. Court Reporter: Christina Herbert.06-01884
03/20/2006MotionFiled Stipulation and Order. Brief due: April 19, 2006.06-05903
04/11/2006BriefFiled Opening Brief.06-07699
04/11/2006AppendixFiled Joint Appendix.06-07700
05/01/2006MotionFiled Stipulation and Order. Brief due: June 12, 2006.06-09136
06/02/2006MotionFiled Motion to Extend Time.06-11551
06/06/2006Order/Clerk'sFiled Clerk's Order Granting Motion. Answering brief due: June 26, 2006.06-11761
06/26/2006BriefFiled Answering Brief. 06-13213
07/20/2006MotionFiled Stipulation and Order. Brief due: August 11, 2006.06-15142
08/11/2006MotionFiled Stipulation.06-16792
08/22/2006Order/Clerk'sFiled Clerk's Order Approving Stipulation. The clerk shall file the reply brief received on August 16, 2006.06-17410
08/22/2006BriefFiled Reply Brief.06-17107
01/29/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 8, 2007, at 11:00 a.m. (NNP07-RP/JH/NS)07-02207
02/05/2007MotionFiled Motion.07-02884
02/07/2007MotionFiled Motion. Supplement to Motion to Postpone date for Oral Argument.07-03147
02/21/2007Order/ProceduralFiled Order Denying Motion. Having considered appellant's motion to postpone argument and the supplement to the motion, we deny the motion. Oral argument shall remain scheduled before the Northern Nevada Panel on March 8, 2007, in Carson City.07-04110
02/22/2007Notice/OutgoingIssued Oral Argument Reminder Notice.07-04224
03/08/2007Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP07-RP/JH/NS
05/15/2007MotionFiled Motion. for Order Permitting Submission of New Authority.07-10798
05/24/2007MotionFiled Response to Motion. Opposition to the Motion for Order Permitting Submission of New Authority.07-11495
06/11/2007Order/ProceduralFiled Order Granting Motion. to Submit Supplemental Authority. We will consider the case cited in the motion in deciding this appeal.07-12642
07/06/2007Order/ProceduralFiled Order. Oral argument in this matter was held on March 8, 2007, before the Northern Nevada Panel. Upon further review, we have determined that en banc consideration of this appeal is warranted. Accordingly, this appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order.07-14763
03/27/2008Opinion/DispositionalFiled Per Curiam Opinion. "Reversed and remanded." Before the Court EN BANC. Author: Per Curiam. Majority: Gibbons/Maupin/Hardesty/Parraguirre/Cherry/Saitta. Dissent: Douglas. 124 Nev. Adv. Opn. No. 15. Copies have been distributed to all counsel, the district judge, and the district court clerk per this court's docket. EN BANC.08-07529
04/14/2008Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing.08-09179
04/14/2008Filing Fee Filing Fee Waived. Rehearing fee waived.
04/14/2008MotionFiled Motion. Motion of the Legislature of the State of Nevada for Leave to File an Amicus Curiae Brief in Support of the Department of Taxation's Petition for Rehearing.08-09271
04/16/2008Order/ProceduralFiled Order. Granting Motion. The clerk of this court shall file the Legislature's amicus brief received on April 14, 2008.08-09467
04/16/2008BriefFiled Amicus Brief. Amicus Curiae Brief of the Legislature of the State of Nevada in Support of the Department of Taxation's Petition for Rehearing.08-09272
04/17/2008MotionFiled Motion. Motion of County of Clark for Leave to File Amicus Curiae Brief.08-09582
04/17/2008BriefReceived Amicus Brief. Proposed Joinder in Petition for Rehearing. (RETURNED UNFILED PER ORDER 05/01/08).08-09583
05/01/2008Order/ProceduralFiled Order. . We grant Clark Couny's motion to file an amicus brief in support of respondent's petition for rehearing. Clark County Amicus Brief due: 20 days. The clerk of this court shall return, unfiled, Clark County's proposed joinder in petition for rehearing, received on April 17, 2008.08-10927
05/21/2008BriefFiled Amicus Brief. County of Clark in Support of the Department of Taxation's Petition for Rehearing.08-12712
05/30/2008Notice/IncomingFiled Substitution of Attorneys. Gina C. Session substituting in place of Karen R. Dickerson for Appellants Nevada Department of Taxation. (Both attorneys are with the Attorney General's office).08-13763
06/05/2008Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Answer due: 15 days.08-14265
06/20/2008Post-Judgment PetitionFiled Answer to Petition for Rehearing.08-15897
06/27/2008Notice/OutgoingIssued Letter. to Daily Journal, Versuslaw and West group regarding corrections to opinion filed on 3/27/08.08-16586
07/16/2008Post-Judgment OrderFiled Order/Rehearing Denied. "We deny the Tax Department's rehearing petition." NRAP 40(c). Douglas, J., with whom Cherry, J., agrees, concurring.08-18193
08/12/2008RemittiturIssued Remittitur.08-19808
08/12/2008Case Status Update Remittitur Issued/Case Closed.
08/22/2008RemittiturFiled Remittitur. Received by County Clerk on August 18, 2008.08-19808