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Case Information: 53264
Short Caption:FRANCHISE TAX BD. VS. HYATTCourt:Supreme Court
Related Case(s):35549, 36390, 39274, 39312, 47141
Lower Court Case(s):Clark Co. - Eighth Judicial District - A382999Classification:Civil Appeal - General - Other
Disqualifications:SaittaCase Status:Remittitur Stayed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:05/02/2017 at 10:30 AMOral Argument Location:Carson City
Submission Date:05/02/2017How Submitted:After Oral Argument

+ Party Information

+ Due Items

Docket Entries
DateTypeDescriptionPending?Document
02/13/2009Filing FeeReceived Filing Fee Paid on Filing. $250.00 from McDonald firm - check no. 17292.
02/13/2009Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. --SEALED--Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).)
02/18/2009MotionFiled Motion for Stay. Motion for Stay Pending Appeal Without Bond.09-04175
02/18/2009AppendixFiled Appendix. Volume 1. Appendix to Motion for Stay Pending Appeal Without Bond.09-04177
02/18/2009AppendixFiled Appendix. Volume 2. Appendix to Motion for Stay Pending Appeal Without Bond.09-04178
02/18/2009AppendixFiled Appendix. Volume 3. Appendix to Motion for Stay Pending Appeal Without Bond.09-04179
02/18/2009Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days.09-04262
02/19/2009OtherDisqualification of Justice Saitta. Sat in district court proceedings.
02/19/2009Notice/OutgoingIssued Notice of Justice Disqualification. Justice Saitta sat in district court proceedings.09-04346
02/23/2009Docketing StatementFiled Docketing Statement.09-04703
02/24/2009MotionFiled Motion to Extend Time. Respondent Gilbert P. Hyatt's Motion for Extension of Time Within Which to Serve and File Opposition to Appellant's Motion for Stay Pending Appeal Without Bond.09-04736
02/26/2009Transcript RequestFiled Certificate of No Transcript Request. Certificate Pursuant to NRAP 9(a).09-05063
02/26/2009Order/ProceduralFiled Order Granting Motion. for an Extension of Time to File Opposition. Respondent shall file and serve his opposition by March 12, 2009.09-05068
03/11/2009Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Hutchison & Steffen, LLC--check no. 4820.
03/11/2009Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. --FILED UNDER SEAL--(Docketing statement mailed to counsel for cross-appellant.)09-06209
03/12/2009MotionFiled Response to Motion. Respondents Gilbert P. Hyatt's Opposition to Appellant's Motion for Stay Pending Appeal Without Bond.09-06362
03/12/2009AppendixFiled Appendix. Volume 1 Hyatt's Appendix of Exhibits in Support of Respondent Gilbert P. Hyatt's Motion for Stay Pending Appeal Without Bond.09-06365
03/13/2009Order/IncomingFiled District Court Order. Copy of Discovery Commissioner's Report and Recommendation filed March 18, 1999, stating, "The court file in this case is sealed. All documents filed with the Court shall be done so under seal."09-06549
03/17/2009Notice/OutgoingIssued Notice to Confirm as Counsel. Issued to all counsel. Due Date: 10 days09-06710
03/18/2009Notice of Appeal DocumentsFiled Case Appeal Statement. Amended Case Appeal Statement.09-06887
03/20/2009Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant Gilbert Hyatt.09-07129
03/20/2009Transcript RequestFiled Certificate of No Transcript Request. Submitted by counsel for respondent/cross-appellant.09-07130
03/20/2009Letter/IncomingFiled Letter. from attorney Robert L. Eisenberg confirming as counsel of record for appellant Franchise Tax Board.09-07151
03/24/2009Letter/IncomingFiled Letter. from attorney Carla B. Higginbotham of McDonald Carano Wilson confirming as counsel for Appellant/Cross-Respondent.09-07408
03/27/2009MotionFiled Motion for Permission to File Document. Request for Permission to File Reply in Support of Motion for Stay Pending Appeal Without Bond.09-07680
03/27/2009MotionReceived Reply to Response. Reply in Support of Motion for Stay Pending Appeal Without Bond. FILED PER ORDER OF 4/8/09.09-07683
04/02/2009MotionFiled Response to Motion. Objection by Respondent Gilbert P. Hyatt to Appellant's Request to File Reply in Support of Motion for Stay Pending Appeal Without Bond.09-08293
04/02/2009AppendixFiled Appendix. Volume 1 Hyatt's Supplemental Appendix of Exhibits in Support of Respondent Gilbert P. Hyatt's Objection to Appellant's Request to File reply in Support of Motion for Stay Pending Appeal Without Bond.09-08296
04/03/2009Notice/IncomingFiled Notice. Errata to Appellant's Request for Permission to File Reply, and to Proposed Reply, Regarding Motion for a Stay Without a Bond.09-08444
04/08/2009Order/ProceduralFiled Order Granting Motion. for Stay without Bond. We grant the motion for stay and direct the clerk of this court to file the reply provisionally received on March 27, 2009.09-08787
04/08/2009MotionFiled Reply to Response. in Support of Motion for Stay Pending Appeal without Bond.09-07683
05/15/2009Filing Fee Returned Filing Fee. Check No. 17661 returned to McDonald Carano Wilson.
05/15/2009Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental.09-12079
05/18/2009MotionFiled Motion. Motion for Prehearing Conference Pursuant to NRAP 33.09-12287
05/18/2009MotionFiled Motion. Motion to Suspend Briefing Schedule Pending Determination of Motion for Prehearing Conference Pursuant to NRAP 33.09-12288
05/21/2009MotionFiled Response to Motion. Response by Respondent Gilbert P. Hyatt to Appellant's Motion for Prehearing Confenece Pursuant ot NRAP 33.09-12636
05/28/2009Letter/IncomingFiled Letter. from Peter C. Bernhard confirming as counsel for Respondent/Cross-Appellant. (Filed via fax).09-13340
06/02/2009Order/ProceduralFiled Order Denying Motion. Requesting an NRAP 33 Prehearing Conference. Fn1 [In light of our resolution, we deny as moot appellant/cross-respondent's motion to suspend briefing pending resolution of the motion for a prehearing conference.]09-13659
06/08/2009MotionFiled Motion and Order Extending Time. (Appellant/Cross-Respondent). Brief due: July 20, 2009.09-14286
06/26/2009Notice/IncomingFiled Notice of Change of Address. Notice of Change of Firm and Address (Peter C. Bernhard).09-15842
06/30/2009Notice/IncomingFiled Notice of Change of Address. Notice of Change of Firm Address (Donald J. Kula of Perkins Coie).09-16164
07/20/2009MotionFiled Motion for Excess Pages. Motion for Permission to File an Opening Brief in Excess of Thirty Pages. (118 pages).09-17722
07/20/2009BriefFiled Amicus Brief. Amicus Curiae Brief of the State of Utah. (Joined in by the States of Arkansas, Colorado, Delaware, Florida, Idaho, Maine, Maryland, Missouri, Ohio, Oklahoma, North Dakota, Tennessee, Vermont, Virginia and Washington).09-17734
07/20/2009Notice/IncomingFiled Notice. Notice of Concurrence.09-17739
07/20/2009MotionFiled Motion. Filed Motion to Allow Association of Counsel for Purpose of Permitting Filing of Brief by States as Amici Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Clark Len Snelson, Esq.)09-17747
07/20/2009MotionFiled Motion. Filed Motion to Allow Association of Counsel for Purpose of Permitting Filing of Brief by Multistate Tax Commission as Amici Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Bruce J. Fort, Esq.)09-17750
07/20/2009MotionFiled Motion. Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Multistate Tax Commission)09-17753
07/22/2009MotionFiled Motion. Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Multistate Tax Commission (MTC))09-17943
07/22/2009MotionFiled Motion. (STRICKEN PER ORDER 08/07/09). Motion to Strike Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California.09-17947
07/29/2009MotionFiled Motion. Respondent Gilbert P. Hyatt's: (1) Opposition to Motion by Multistate Tax Commission for Leave to File Amicus Curiae Brief; (2) Motion to Strike Amicus Curiae Brief of the State of Utah; (3) Motion to Strike Notice of Concurrence.09-18503
07/31/2009Notice/IncomingFiled Joinder. Joinder to Amicus Curiae Brief of the State of Utah. (States of Louisiana and New Jersey).09-18734
08/06/2009MotionFiled Response to Motion. Response to Hyatt's Motion to Strike Amicus Curiae Brief and Notice of Concurrence.09-19209
08/06/2009MotionFiled Motion. Motion to Extend Time and Permit Expanded Briefing for Respondent's Answering Brief. (Respondent/Cross-Appellant)09-19221
08/06/2009MotionFiled Response to Motion. Opposition to Respondent Gilbert P. Hyatt's (1) Opposition to Motion by Multistate Tax Commission for Leave to File Amicus Curiae Brief; (2) Motion to Strike Amicus Curiae Brief of the State of Utah; (3) Motion to Strike Notice of Concurrence.09-19246
08/06/2009MotionFiled Response to Motion. Opposition to Respondent Gilbert P. Hyatt's Motion to Strike Amicus Curiae of the State of Utah and Motion to Strike Notice of Concurrence.09-19247
08/07/2009Order/ProceduralFiled Order. Resolving Motions. We direct the clerk of this court to file the opening brief and appendices received on July 20, 2009. Two motions for association of counsel for purposes of filing amicus curiae briefs have been filed by the Solicitor General for the State of Nevada, one for association of Clark Len Snelson, Esq., for filing an amicus curiae brief on behalf of the state of Utah and 15 other states, and one for association of Bruce J. Fort, Esq., for filing an amicus curiae brief on behalf of the Multistate Tax Commission. Having reviewed the motions, we grant both. The Nevada Solicitor General also filed a motion on behalf of the Multistate Tax Commission requesting leave to file an amicus curiae brief. Then, the Nevada Solicitor General filed a motion to strike the previous motion because the Multistate Tax Commission filed its own motion requesting leave to file an amicus curiae brief. We grant the motion to strike the motion to file an amicus curiae brief filed by the Nevada Solicitor General. We grant the motion by the Multistate Tax Commission to file an amicus curiae brief and deny Hyatt's motions to strike. We direct the clerk of this court to file the amicus curiae brief of the Multistate Tax Commission that was provisionally received on July 22, 2009.09-19313
08/07/2009BriefFiled Opening Brief. Appellant/Cross-Respondent.09-17730
08/07/2009AppendixFiled Appendix to Opening Brief. Vols. 1 through 93.09-17732
08/07/2009BriefFiled Amicus Brief. Brief of Amicus Curiae Multistate Tax Commission in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California.09-17945
08/10/2009MotionFiled Response to Motion. Notice of Non-Opposition.09-19437
08/17/2009MotionFiled Response to Motion. Amicus Curiae Multistate Tax Commission's Notice of Non-Opposition.09-19932
08/21/2009Order/ProceduralFiled Order. Granting in Part Requests for Extension of Time and to File Brief with Excess Pages. Respondent/Cross-Appellant shall have 90 days from the date of our August 7, 2009, order, which directed the filing of appellant/cross-respondent's openng brief.Respondent/Cross-Appellant may file a brief with excess pages, however, he is limited to 20 pages longer then appellant/cross-respondent's opening brief.09-20456
08/21/2009Notice/IncomingFiled Notice. Notice of Change of Firm Name (Kaempfer Crowell Renshaw Gronauer & Fiorentino).09-20467
09/14/2009Letter/IncomingFiled Letter. - copy of letter from attorney Pat Lundval to opposing counsel providing corrections to the opening brief.09-22290
09/29/2009MotionFiled Motion for Permission to File Document. Motion for Leave to File a Supplemental Appendix. (Appellant/Cross-Respondent) (DETACHED AND FILED SUPPLEMENTAL APPENDIX PER ORDER 10/06/09).09-23725
09/29/2009Notice/IncomingFiled Errata. To Appellant/Cross-Respondent's Opening Brief.09-23726
09/30/2009MotionFiled Response to Motion. Notice of Non-Opposition09-23849
10/06/2009Order/ProceduralFiled Order. Granting Motion to File Supplemental Appendix. We grant appellant/cross-respondent Franchise Tax Board of the State of California's motion to file a supplemental appendix. We direct the clerk of this court to detach and file the supplemental appendix attached to the motion.09-24429
10/06/2009AppendixFiled Appendix. Supplemental Appellant's Appendix.09-24437
10/14/2009MotionFiled Motion to Extend Time. Respondent/Cross-Appellant.09-25108
10/19/2009MotionFiled Response to Motion. Limited opposition to Hyatt's motion for an extension of time for respondent's answering brief.09-25506
10/22/2009MotionFiled Motion for Permission to File Document. Motion for Leave to File Limited Reply in Support of Motion to Extend Time for Respondent's Answering Brief. PER ORDER OF 10/06/09 DETACHED AND FILED REPLY.09-25904
11/06/2009Order/ProceduralFiled Order Granting Motion. for extension of time. Combined answering brief and opening brief due: 12/21/09. Fn1 [We grant Respondent/cross-appellant's motion to file a reply to the opposition to this motion. We direct the clerk of this court to detach and file the reply attached to the motion.]09-27138
11/06/2009MotionFiled Reply to Response. Limited Reply in Support of Motion to Extend Time for Respondent's Answering Brief.09-27148
11/23/2009Notice/IncomingFiled Notice of Change of Address. Kaempfer Crowell Renshaw Gronauer & Fiorentino.09-28559
12/04/2009Notice/IncomingFiled Notice. Notice of Related Case and Request for Notification to the Panel in Xtreme Faith Academy v. Landry, Case No. 52044 of This Matter.09-29363
12/14/2009Notice/IncomingFiled Notice. Hyatt's Response to FTB's Notice of Related Case and Request for Notification to Panel in Xtreme Faith Academy v. Landry, Case No. 52044 of this Matter.09-30190
12/21/2009AppendixFiled Appendix to Answering Brief. Volumes 1-101. (Responsent/Cross-Appellant)09-30822
12/21/2009Notice/IncomingFiled Proof of Service. -Respondent's Appendix.09-30851
12/21/2009MotionFiled Motion to Extend Time. (15) days.09-30869
12/22/2009MotionFiled Response to Motion. Opposition to Hyatt's Third Motion for an Extension of Time to File Respondent's Answering Brief09-31043
12/28/2009Order/ProceduralFiled Order. Granting Motion for Extension of Time. Respondent/cross-appellant Gilbert P. Hyatt's combined answering brief and opening brief due: January 5, 2010. We will not consider another extension of time for Hyatt to file his brief. If Hyatt fails to file his brief in this court by January 5, the case shall stand submitted without his brief.09-31289
01/05/2010MotionFiled Motion for Excess Pages. Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief. (Respondent/Cross-Appellant)10-00251
01/06/2010Notice/IncomingFiled Notice. Submission of Responsent's Appendix in Electronic Format (CD). (Respondent/Cross-Appellant)10-00273
01/07/2010MotionFiled Response to Motion. Opposition to Motion to Permit Expanded Briefing for Respondent's Brief10-00532
01/11/2010MotionFiled Motion for Permission to File Document. Motion for leave to File Reply in Support of Motion to Permit Expanded Briefing For Respondent's Answering Brief And Opening Cross Appeal Brief. (DETACHED AND FILED SEPARATELY PER ORDER 01/26/10 Reply in Support of Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief).10-00734
01/26/2010Order/ProceduralFiled Order. Granting Motion to File Brief with Excess Pages. We direct the clerk ot this court to file the Hyatt's proposed brief received on January 6, 2010. fn1We grant Hyatt's motion for permission to file a reply to the opposition to the motion for permission to file a brief with excess pages. We direct the clerk of this court to detach and file the proposed reply attached to Hyatt's motion.]10-02103
01/26/2010BriefFiled Answering Brief. Respondent/Cross-Appellant.10-00270
01/26/2010MotionFiled Reply to Response. Reply in Support of Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief.10-02116
01/27/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Second Supplemental and/or Amended Notice of Appeal.10-02266
02/01/2010MotionFiled Motion to Extend Time. Appellant/Cross-Respondent FTB's Motion to Extend Time to File Appellant's Reply Brief.10-02696
02/04/2010MotionFiled Response to Motion. Notice of Non-Opposition to FTB's Motion to Extend Time to File Appellant's Reply Brief. (Respondent/Cross-Appellant)10-03171
02/19/2010Order/ProceduralFiled Order. Granting Motion for Extension of Time. Appellant/Cross-Respondent: Combined Reply Brief and Answering Brief on Cross-Appeal due on or before April 30, 2010.10-04588
03/12/2010Order/ProceduralFiled Order. Regarding Second Supplement to Notice of Appeal. Supplemental Opening Brief due: 75 days. Supplemental Answering Brief due: 30 days from service of Supp. OB, and Supplemental Reply Brief due: 30 days from service of Supp. AB.10-06609
04/08/2010MotionFiled Motion to Extend Time. Franchise Tax Board's Second Motion to Extend Time for Reply Brief on Appeal and Answering Bried on Cross-Appeal.10-09144
04/09/2010MotionFiled Response to Motion. Notice of Non-Opposition to FTB's Second Motion to Extend Time for Reply Brief on Appeal and Answering Brief on Cross-Appeal.10-09324
04/16/2010Order/ProceduralFiled Order Granting Motion. for extention of time. Franchise Tax Board combined brief due May 31, 2010.10-09949
05/06/2010MotionFiled Motion to Extend Time. FTB's Motion to Extend Time to File Appellant's Supplemental Opening Brief Regarding Award of Costs. (14) days.10-11773
05/07/2010MotionFiled Response to Motion. Notice of Non-Opposition to FTB's Motion to Extend Time to File Appellant's Supplemetnal Opening Brief Regarding Award of Costs.10-11899
05/21/2010Order/ProceduralFiled Order. Granting Extension of Time. Appellant/cross-respondent's Supplemental Opening Brief due: June 8, 2010. The supplemental briefing shall then proceed as outlined in our March 12, 2010, order.10-13279
06/01/2010MotionFiled Motion for Excess Pages. Motion for Permission to File Reply Brief in Excess of 30 Pages.10-14030
06/01/2010AppendixFiled Appendix to Reply Brief. Vols. 1 through 48. CD-ROM included. (Appellant/Cross-Respondent).10-14032
06/08/2010BriefFiled Supplemental Brief. Appellant's Supplemental Opening Brief Regarding Costs. (Appellant/Cross-Respondent)10-14617
06/08/2010AppendixFiled Appendix. Appellant's Supplemental Opening Brief Regarding Costs Appendix Vols 1-26. (Appellant/Cross-Respondent)10-14619
06/11/2010Order/ProceduralFiled Order. Granting Motion. We direct the clerk of this court to file the combined reply brief received on June 1, 2010.10-15139
06/11/2010BriefFiled Reply Brief. Appellant/Cross-Respondent.10-14031
06/28/2010MotionFiled Motion to Extend Time. Motion to Extend Time for Respondent's Answering Brief Regarding Costs. (67) days. (Respondent/Cross-Appellant)10-16851
06/28/2010MotionFiled Motion to Extend Time. Motion to Extend Time for Respondent's Reply Brief in Cross-Appeal. (75) days. (Respondent/Cross-Appellant)10-16852
07/19/2010Order/ProceduralFiled Order. Granting in Part Motions for Extensions of Time. Hyatt's Reply Brief due: August 16, 2010. Hyatt's Supplemental Answering Brief due: September 13, 2010.10-18312
08/11/2010Notice/IncomingFiled Notice. Notice of Submission of FTB's Embedded Appeal Briefs.10-20725
08/13/2010MotionFiled Motion. Motion for Leave to file Sur-reply of 30 pages in Partial Response to the FTB's 145 page Reply Brief. (DETACHED AND RETURNED UNFILED REPSONDENT'S SUR-REPLY PER ORDER 10/04/10).10-21058
08/13/2010BriefFiled Reply Brief on Cross-Appeal. Respondent's Reply Cross-Appeal Brief.10-21059
08/16/2010AppendixFiled Appendix to Reply Brief. Appendix of Exhibits for Respondent's Proposed Sur-Reply. Vols. 1 through 3. (STRICKEN PER ORDER 10/04/10).
08/24/2010MotionFiled Response to Motion FTB's Opposition to Hyatt's Motion for Leave to File Sur-Reply10-21659
09/13/2010BriefFiled Supplemental Brief-Respondent's Supplemental Answering Brief Regarding Costs.10-23579
09/14/2010AppendixFiled Appendix of Exhibits for Respondent's Supplemental Answering Brief Regarding Costs.10-23581
09/14/2010Notice/IncomingFiled Certificate of Service of Appendix in Support of Respondent's Supplemental Answering Brief Regarding Costs.10-23582
10/04/2010Order/ProceduralFiled Order Denying Motion to File Sur-Reply. We deny the motion for leave to file a sur-reply and direct the clerk of this court to return, unfiled, the proposed sur-reply submitted by Hyatt on August 13, 2010, and to strike the appendix to the sur-reply filed on August 16, 2010.10-25521
10/12/2010BriefFiled Appellant's Supplemental Reply Brief Regarding Costs.10-26724
12/09/2010Notice/IncomingFiled Notice of Submission of FTB's Embedded Supplemental Briefs Regarding Costs.10-32154
01/20/2011Notice/IncomingFiled FTB's Notice of Submission of Respondent's Embedded Briefs.11-02055
01/21/2011Notice/IncomingFiled Hyatt's Notice of Intent to Submit Embedded (i) Respondent's Answering and Opening Cross Appeal Brief; (ii) Respondent's Reply Cross-Appeal Brief; and (iii) Respondent's Supplemental Answering Brief Regarding Costs.11-02177
02/04/2011Notice/IncomingFiled Notice of Submission of Hyatt's Embedded (i) Answering Brief and Opening Cross Appeal Brief: (ii) Reply Brief on Cross Appeal; and (iii) Answering Brief on Cost Appeal.11-03559
02/24/2012Order/ProceduralFiled Order Setting Oral Argument. We direct the clerk of this court to schedule oral argument on the next available calendar before the full court. Argument shall be one hour.12-05946
02/27/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, April, 3, 2012, @ 10:00 a.m.. Argument shall be limited 60 minutes.12-06127
03/05/2012MotionFiled Motion to Postpone Oral Argument for 30 Days.12-06887
03/06/2012MotionFiled Opposition to Motion to Postpone Oral Argument.12-07091
03/06/2012MotionFiled Reply in Support of Motion to Postpone Oral Argument for 30 Days.12-07226
03/07/2012Order/Clerk'sFiled Order Granting Motion. Oral argument presently scheduled for April 3, 2012, at 10:00 a.m., is hereby vacated. The clerk of this court is directed to schedule this appeal for oral argument before the en banc court on May 7, 2012. Argument shall be limited to 60 minutes12-07339
04/02/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for Monday, May 7, 2012, at 1:30 p.m. in Carson City. Argument shall be limited to one hour.12-10235
04/13/2012BriefFiled Appellant's Supplemental Authorities (Oral Argument: May 7, 2012).12-11889
04/17/2012Notice/IncomingFiled Notice of Appearance (Daniel Polsenberg of Lewis and Roca appearing on behalf of respondent/cross-appellant Gilbert P. Hyatt.12-12204
04/23/2012Notice/OutgoingIssued Oral Argument Reminder Notice.12-12897
04/26/2012BriefFiled Respondent's Supplemental Authorities and Response to Appellant's Supplemental Authorities.12-13229
05/07/2012Case Status UpdateOral argument held this day. Case submitted for decision before the En Banc Court.
05/11/2012Order/ProceduralFiled Order Scheduling Additional Oral Argument. The clerk of this court shall schedule this matter for oral argument on Monday, June 18, 2012, at 10:00 a.m., at the courtroom in Carson City. Argument shall be limited to 60 minutes.12-15172
05/14/2012Notice/OutgoingIssued Notice Scheduling Additional Oral Argument. Oral argument is scheduled for Monday, June 18, 2012, at 10: a.m. in Carson City. Argument shall be limited to 60 minutes.12-15226
05/21/2012Notice/OutgoingIssued Oral Argument Reminder Notice.12-15960
06/18/2012Case Status UpdateOral argument held this day. Case submitted for decision before the En Banc Court.
06/22/2012Notice/IncomingFiled Appellant's Supplement Provided at the Request of the Court.12-19658
06/26/2012Notice/IncomingFiled Respondent's/Cross-Appellant's Supplement Provided at the Request of the Court.12-19965
06/27/2012MotionFiled Appellant's Motion for Permission to Reply to Respondent's Supplement.12-20186
06/27/2012MotionFiled Respondent's Opposition to Appellant's Motion for Permission to Reply to Respondent's Supplement (Oral Argument: June 18, 2012)12-20260
06/28/2012MotionFiled FTB's Reply in Support of Motion for Permission to Reply to Respondent's Supplement.12-20417
07/16/2012Order/ProceduralFiled Order Denying Motion for Leave to File Reply. Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.]12-22276
07/01/2014MotionFiled Motion to Allow Withdrawal of Counsel for Amicus Curiae Multistate Tax Commission.14-21407
07/17/2014Order/ProceduralFiled Order Granting Motion to Withdraw as Counsel. The clerk of this court shall remove Bruce J. Fort as counsel of record for amicus curiae Multistate Tax Commisison in this appeal.14-23249
09/18/2014Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Gibbons/Pickering/Parraguirre/Douglas/Cherry. 130 Nev. Adv. Opn. No. 71. EN BANC14-30944
10/06/2014MotionFiled Motion for Permission to File Petition for Rehearing in Excess of Word Limit.14-33049
10/07/2014Post-Judgment PetitionFiled Respondent/Cross-Appellant Gilbert P. Hyatt's Petition for Rehearing.14-33200
10/07/2014Filing FeeFiling fee paid. E-Payment $150.00 from Peter C. Bernhard
10/07/2014Order/ProceduralFiled Order Granting Motion for Leave to File Oversized Rehearing Petition and Directing Answers. The clerk of this court is directed to file Franchise Tax Board's rehearing petition which was provisionally received on October 6, 2014. FTB's answer to Gilbert P. Hyatt's petition for rehearing due: 15 days. Mr. Hyatt's answer to FTB's petition for rehearing due: 15 days.14-33271
10/07/2014Post-Judgment PetitionFiled Petition for Rehearing - Appellant/Cross-Respondent's Petition for Rehearing14-33272
10/07/2014Filing FeeFiling fee paid. E-Payment $150.00 from Robert L. Eisenberg
10/21/2014Post-Judgment PetitionFiled Appellant/Cross-Respondent Franchise Tax Board's Answer to Respondent's Petition for Rehearing.14-35087
10/22/2014MotionFiled Respondent Gilbert P. Hyatt's Motion for Permission to File Answer in Excess of Word Limit.14-35256
10/23/2014Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file respondent/cross-appellant's answer to the petition for rehearing received on October 22, 2014.14-35357
10/23/2014Post-Judgment PetitionFiled Respondent Gilbert P. Hyatt's Answer to Appellant Franchise Tax Board of the State of California's Petition for Rehearing.14-35358
11/25/2014Post-Judgment OrderFiled Order Denying Petitions for Rehearing. "We deny both petitions.." NRAP 40(c).Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.]14-38932
12/15/2014MotionFiled Motion to Stay Remittitur Pending Application to U.S. Supreme Court for a Writ of Certiorari, or to Enlarge Time for Issuance of Remittitur.14-40739
12/23/2014Notice/OutgoingIssued Letter dated December 17, 2014 to Publishers with corrections to recently filed opinions. Nos. 59976/60091/60622/59630/56591/(60598/61038)/61655/61681/61082/62890/59210/62768/62944/62160/63871/(58530/59162)/61820/63444/53264/60050/63078. (Letter entered in 59976 as document no. 14-41986)
01/02/2015Order/ProceduralFiled Order Staying Remittitur. We hereby stay issuance of the remittitur until April 22, 2015. If the clerk of this court receives written notice by April 22, 2015, from the clerk of the United States Supreme Court that appellant/cross-respondent has fied a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by April 22, 2015, the remittitur shall issue on April 23, 2015.15-00017
01/21/2015Notice/IncomingFiled Notice from the U. S. Supreme Court extending the time within which to file a petition for writ of certiorari to March 23, 2015.15-02203
03/31/2015Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed 3/25/15 and placed on the docket as Case No. 14-1175.15-09679
07/07/2015Notice/IncomingFiled Notice from US Supreme Court. The Petition for Writ of Certiorari is Granted Limited to Question 2 and 3 Presented by the Petition.15-20652
09/24/2015Notice/IncomingFiled Notice of Change of Address. (Kaempfer Crowell)15-28936
04/25/2016Notice/IncomingFiled Notice from the Supreme Court of the Untied States, Office of the Clerk regarding an opinion that was announced.16-12978
05/23/2016MotionFiled Appellant's Motion for Permission to File Motion in Excess of 10 Pages (Appellant's Motion for Supplemental Briefing Following Mandate from the Supreme Court of the United States).16-16068
05/24/2016Order/IncomingFiled Mandate and Judgment from Supreme Court of the United States.16-16184
06/01/2016MotionFiled Respondent Gilbert P. Hyatt's Response to Appellant's Motion for Permission to File Motion in Excess of 10 Pages.16-17074
06/06/2016MotionFiled Appellant's Reply in Support of Motion for Permission to File Motion in Excess of 10 Pages.16-17504
06/24/2016Order/ProceduralFiled Order Directing Supplemental Briefing. Appellant/cross-respondent Franchise Tax Board has filed a motion requesting leave to file a motion for supplemental briefing with excess pages. We grant the motion and direct the clerk of this court to file the proposed motion for supplemental briefing received in this court on May 23, 2016. Franchise Tax Board shall have 30 days from the date of this order to file and serve an opening supplemental brief. Gilbert Hyatt shall have 30 days from service of the supplemental opening brief to file and serve a supplemental answering brief. Franchise Tax Board shall then have 15 days following service of the supplemental answering brief to file and serve any supplemental reply brief.16-19810
06/24/2016MotionFiled Appellant's Motion for Supplemental Briefing Following Mandate from the Supreme Court of the United States.16-19812
06/28/2016MotionFiled Appellant's Unopposed Motion to Extend Briefing Deadlines Regarding Supplemental Briefs.16-20281
06/29/2016MotionFiled Notice of Non-Opposition.16-20371
07/12/2016Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent shall have until August 24, 2016, to file and serve the supplemental opening brief. Respondent/cross-appellant shall have 30 days from service of the supplemental opening brief to file and serve the supplemental answering brief. Appellant/cross-respondent shall then have 15 days from service of the supplemental answering brief to file and serve a supplemental reply brief, if deemed necessary.16-21608
08/22/2016BriefFiled Appellant's Supplemental Opening Brief Following Mandate From the Supreme Court of the United States.16-25990
08/25/2016MotionFiled Respondent's Motion for an Extension of Time to File Supplemental Answering Brief (First Request).16-26536
08/29/2016Order/ProceduralFiled Order Granting Motion. Respondent/Cross-Appellant shall have until October 21, 2016, to file and serve the supplemental answering brief. Appellant/cross-respondent shall have 15 days from service of the supplemental answering brief to file and serve a supplemental reply brief, if deemed necessary.16-26867
10/24/2016AppendixFiled Respondent/Cross-Appellant Gilbert P. Hyatt's Supplemental Appendix, Vol. 1.16-33134
10/24/2016AppendixFiled Respondent/Cross-Appellant Gilbert P. Hyatt's Supplemental Appendix, Vol. 2.16-33135
10/25/2016BriefFiled Respondent/Cross-Appellant's Gilbert P. Hyatt's Supplemental Answering Brief Following Mandate From the Supreme Court of the United States.16-33305
11/01/2016MotionFiled Appellant/Cross-Respondent's Motion for an Extension of Time to File Supplemental Reply Brief.16-33948
11/07/2016Order/ProceduralFiled Order Granting Motion. Appellant/Cross-Respondent's Supplemental Reply Brief due: December 2, 2016.16-34744
12/05/2016BriefFiled Appellant's Supplemental Reply Brief Following Mandate From the Supreme Court of the United States.16-37452
12/05/2016AppendixFiled Appendix to Reply Brief Appellant's Supplemental Appendix in Support of Supplemental Briefs Following Mandate From the Supreme Court of the United States16-37458
12/05/2016Notice/IncomingFiled Appellant's Request for Judicial Notice.16-37459
12/13/2016MotionFiled Respondent/Cross-Appellant's Gilbert P. Hyatt's Response to Appellant Franchise Tax Board of California's Request for Judicial Notice.16-38551
12/20/2016MotionFiled Appellant/Cross-Respondent's Reply in Support of Appellant's Request for Judicial Notice.16-39478
01/12/2017Order/ProceduralFiled Order Granting Motion. Appellant/cross-respondent Franchise Tax Board of the State of California has filed a request that this court take judicial notice of certain publicly available documents from the ongoing companion case to this appeal in respondent/cross-appellant Gilbert Hyatt's administrative appeal against the FTB. Hyatt disputes the FTB's characterization of the import of the documents but supports the request for judicial notice. Although this court will not generally take judicial notice of records in another and different case, an exception exists where there is a "close relationship" between the cases. Cause appearing, the motion is granted.17-01197
03/23/2017Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar.17-09631
03/28/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, May 2, 2017, at 10:30 a.m. for 30 minutes in Carson City.17-10210
04/07/2017MotionFiled Respondent's Motion for Guidance Regarding Subjects to be Discussed at Oral Argument.17-11601
04/10/2017Order/ProceduralFiled Order. Respondent/cross-appellant has filed a motion for guidance regarding subjects to be discussed at oral argument. Having considered the motion, we provide guidance as follows. The parties should be prepared to discuss the scope of the review of this court's decision in Franchise Tax Bd. of Cal. v. Hyatt, 130 Nev., Adv. Op. 71, 335 P.3d 125 (2014), that this court must undertake based on the Supreme Court of the United States' subsequent decision in Franchise Tax Bd. of Cal. v. Hyatt, 578 U.S. ___, 136 S. Ct. 1277 (2016). Furthermore, the parties should be prepared to discuss the applicability of the damages cap in NRS 41.035(1) to respondent/cross-appellant's intentional tort claims.17-11712
04/10/2017BriefFiled Appellant's Notice of Supplemental Authorities Following Mandate from the Supreme Court of the United States.17-11764
04/17/2017Notice/OutgoingIssued Oral Argument Reminder Notice.17-12512
04/19/2017Notice/IncomingFiled Appellant's Second Request for Judicial Notice.17-12922
04/25/2017MotionFiled Respondent Gilbert P. Hyatt's Response to Appellant Franchise Tax Board of California's Second Request for Judicial Notice.17-13712
04/28/2017MotionFiled Appellant's Reply in Support of Second Request for Judicial Notice.17-14196
05/02/2017Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
09/14/2017Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Cherry/Douglas/Gibbons/Pickering/Parraguirre/Stiglich. 133 Nev. Adv. Opn. No. 57. EN BANC (OPINION WITHDRAWN PER ORDER FILED 12/26/17.)17-31054
10/02/2017Post-Judgment PetitionFiled Appellant/Cross-Respondent's Petition for Rehearing.17-33343
10/02/2017Filing FeeFiling fee paid. E-Payment $150.00 from Debbie A. Leonard
10/30/2017Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Respondent's Answer due: 15 days.17-37053
11/14/2017Post-Judgment PetitionFiled Respondent/Cross-Appellant Gilbert P. Hyatt's Answer to Appellant's Petition for Rehearing.17-39178
12/26/2017Post-Judgment OrderFiled Order Granting Petition for Rehearing. The petition for rehearing is granted and we withdraw our opinion that appears at 133 Nev., Adv. Op. 57 (Sept. 14, 2017). This matter shall stand submitted on the briefs and record previously fIled.17-44419
12/26/2017Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Cherry/Douglas/Gibbons/Pickering/Parraguirre/Stiglich. 133 Nev. Adv. Opn. No. 102. EN BANC17-44422
01/17/2018MotionFiled Appellant's Motion to Stay Remittitur Pending Application for Writ of Certiorari to U.S. Supreme Court.18-02245
02/01/2018Order/ProceduralFiled Order to Stay Issuance of Remittitur. We hereby stay issuance of the remittitur until May 22, 2018. If the clerk of this court receives written notice by May 22, 2018, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by May 22, 2018, the remittitur shall issue forthwith.18-04365
03/19/2018Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed March 12, 2018 and placed on the docket as Case No. 17-1299.18-10684
07/05/2018Notice/IncomingFiled Notice from the US Supreme Court. The Petition for a Writ of Certiorari is Granted.18-25444