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Case Information: 61059
Short Caption:BULLION MONARCH MINING VS. BARRICK GOLDSTRIKE MINES (NRAP 5)Court:Supreme Court
Lower Court Case(s):NONEClassification:Original Proceeding - NRAP 5 - U.S. Court of Appeals
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/05/2014 at 10:30 AMOral Argument Location:Carson City
Submission Date:11/05/2014How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/15/2012Filing FeeFiling Fee due.
06/15/2012Order/IncomingFiled Order Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorables Sidney R. Thomas, M. Margaret McKeown and William A. Fletcher, Circuit Judges.12-18810
09/28/2012Order/ProceduralFiled Order Directing Submission of Filing Fee. Appellant and respondent shall each tender to the clerk of this court, within 11 days from the date of this order, the sum of $125, representing half of the filing fee.12-30718
10/02/2012Filing FeeFiling Fee Paid by Appellant. $125.00 from Robison, Belaustegui, Sharp & Low. Check no. 76093.
10/04/2012Filing FeeFiling Fee Paid from Respondent. $125.00 from Parsons Behle & Latimer. Check no. 1024199.
11/28/2012Order/ProceduralFiled Order Accepting Certified Questions and Directing Briefing. Appellant: 45 days to file an opening brief. Respondent: 30 days to file an answering brief. Appellant: 20 days to file any reply brief. The parties are further directed to prepare and file a joint appendix containing certified copies of any relevant portion of the record. The appendix shall be filed no later than the date when the opening brief is filed. Fn1[The clerk of this court is directed to file the documents transmitted to this court by the Ninth Circuit Court of Appeals, which were provisionally received in this court on June 15, 2012. Because the copy of the appellant's Ninth Circuit opening brief was filed under seal in that court, and the certification order indicates that it is to remain sealed while the case is certified to this court, the clerk of this court is directed to file this document under seal in this court. Counsel are advised that any request to file additional documents under seal in this court must comply with the Nevada Rules for Sealing and Redacting Court Records.]12-37591
11/28/2012Other Incoming DocumentFiled Copy of General Docket - United States Court of Appeals for the Ninth Circuit.12-37603
11/28/2012BriefFiled Appellant's Opening Brief (SEALED)
11/28/2012Other Incoming DocumentFiled Copy of Memorandum filed in U.S. Court of Appeals on 6/13/12.12-37608
11/28/2012Other Incoming DocumentFiled Copy of Appellant's Statement of Related Cases.12-37610
11/28/2012BriefFiled Brief of Appellee Barrick Goldstrike Mines, Inc.12-37611
11/28/2012BriefFiled Reply in Support of Appellant's Opening Brief.12-37613
01/07/2013Notice/IncomingFiled Notice of Association of Counsel. Daniel F. Polsenberg and Joel D. Henroid as attorneys for the appellant Bullion Monarch Mining, Inc.13-00482
01/10/2013MotionFiled Stipulation for Extension to File Appellant's Opening Brief and Appendix.13-01011
01/25/2013Notice/IncomingFiled Substitution of Attorneys (Lewis & Roca, LLP Substituted as Attorney of Record for Appellant Bullion Monarch Mining, Inc. in place and stead of Robison, Belaustegui, Sharp & Low).13-02699
01/30/2013Order/ProceduralFiled Order Approving Stipulation for Extension of Time. Opening brief and appendix due: March 15, 2013.13-03141
03/15/2013MotionFiled Motion for Extension to File Opening Brief and Appendix.13-07952
04/03/2013Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant: Opening Brief and Appendix due: April 15, 2013.13-09744
04/16/2013MotionFiled Motion to Extend Time Motion for Extension to File Opening Brief and Appendix13-11214
05/14/2013Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant: Opening Brief and Appendix due: May 15, 2013.13-14245
05/15/2013MotionFiled Motion for Extension to File Opening Brief and Appendix.13-14442
05/30/2013MotionFiled Motion to File Portions of Appendix Under Seal.13-15872
05/30/2013Other Incoming DocumentFiled Rule 28(f) Pamphlet of Legislative History.13-15873
07/12/2013Order/ProceduralFiled Order Granting Motion for Extension of Time and Motion to Seal Portions of Record. The clerk of this court shall file the opening brief, provisionally received in this court on May 30, 2013, and Volumes 1 and 12 of appellant's appendix, provisionally received in this court on May 31, 2013. The clerk of this court shall therefore file under seal Volumes 2 through 11 of appellant's appendix, provisionally received in this court on May 31, 2013.13-20520
07/12/2013BriefFiled Opening Brief -Appellant's Opening Brief.13-20521
07/12/2013AppendixFiled Appendix to Opening Brief. Appellant's Appendix, Volume 1 and 12.13-20525
07/12/2013AppendixFiled Appendix to Opening Brief - Appellant's Appendix, Volumes 2 through 11(SEALED).
07/15/2013MotionFiled Stipulation for Extension to File Answering Brief.13-20605
07/22/2013Order/ProceduralFiled Order Granting Motion for Extension of Time. Respondent shall have until October 10, 2013, to file and serve the answering brief.13-21356
08/13/2013MotionFiled Motion to Associate Counsel Francis M. Wikstrom, Esq. for the Respondent Barrick Goldstrike Mines, Inc.13-23731
08/23/2013MotionFiled Motion for Permission to File Document Mary Ann Schmidt's Motion for Leave to File Amicus Curiae Brief13-25048
08/23/2013Notice/IncomingFiled Mary Ann Schmidt's Designation of Nevada Resident Counsel Pursuant to S.C.R. 42.1.13-25047
08/27/2013MotionFiled Barrick Goldstrike Mines, Inc.'s Opposition to Mary Ann Schmidt's Motion for Leave to File Amicus Curiae Brief.13-25427
09/04/2013Notice/IncomingFiled Supplemental Certificate of Service.13-26081
09/05/2013MotionFiled Mary Ann Schmidt's Reply Supporting Motion for Leave to File Amicus Curiae Brief.13-26237
09/23/2013MotionFiled Motion for Extension of Time to File Answering Brief. (60 Days)13-28389
10/21/2013Order/ProceduralFiled Order Granting Motion to Associate Counsel, Motion for Extension of Time, and Motion for Leave to File Amicus Curiae Brief. Mr. Wikstrom shall therefore be allowed to appear in this matter on behalf of respondent. Nevada attorney Michael R. Kealy of Parsons Behle & Latimer shall be responsible for all matters presented by Mr. Wikstrom in this matter. Respondent shall have until December 10, 2013, to file and serve the answering brief. The clerk of this court shall file Mary Ann Schmidt's amicus brief, which was provisionally received in this court on August 23, 2013.13-31540
10/21/2013BriefFiled Amicus Brief -Brief of Amicus Curiae Mary Ann Schmidt as Personal Representative of the Estate of Paul G. Schmidt, III, Deceased in Support of Appellant Bullion Monarch Mining, Inc.13-31542
10/21/2013Notice/IncomingFiled Mary Ann Schmidt's Rule 26.1 Disclosure.13-31543
12/10/2013BriefFiled Respondent's Answering Brief.13-37265
12/10/2013AppendixFiled Appendix to Answering Brief -Respondent's Supplemental Appendix.13-37267
01/10/2014MotionFiled Stipulation for Extension to File Reply Brief.14-00996
01/14/2014MotionFiled Unopposed Motion for Extension of Time in which (1) to File Appellant's Reply Brief and, Retrospectively, (2) to File this Motion for Extension.14-01368
01/29/2014Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant: Reply brief due: February 10, 2014. Fn1[In light of this order, we disapprove as moot the parties' January 10, 2014, stipulation for an extension of time.]14-03011
02/10/2014MotionFiled Motion for Extension of Time to File Appellant's Reply Brief.14-04319
02/24/2014Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant shall have until March 12, 2014, to file and serve their reply brief.14-05997
03/13/2014MotionFiled Motion for Extension of Time to File Appellant's Reply Brief.14-08117
04/03/2014Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant shall have until April 11, 2014, to file and serve the reply brief.14-10605
04/14/2014BriefFiled Appellant's Reply Brief.14-11835
04/14/2014Case Status UpdateBriefing Completed/To Screening.
09/24/2014Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled Wednesday, November 5, 2014, at 10:30 a.m. in Carson City. Argument shall be limited to 30 minutes.14-31753
10/22/2014Notice/OutgoingIssued Oral Argument Reminder Notice.14-35270
10/28/2014Notice/IncomingFiled Notice of Appearance for Oral Argument (Daniel F. Polsenberg of Lewis Roca Rothgerber LLP will be appearing on behalf of Appellant Bullion Monarch Mining, Inc.at Oral Argument on 11/05/14 at 10:30 a.m.).14-35773
10/28/2014Notice/IncomingFiled Notice of Appearance For Oral Argument (Francis M. Wikstrom of Parsons Behle & Latimer will be appearing on behalf of Respondent Barrick Goldstrike Mining Inc. at Oral Argument on 11/05/14 at 10:30 a.m.).14-35875
11/05/2014Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
03/26/2015Opinion/DispositionalFiled Authored Opinion. "Question answered." Before the Court En Banc. Author: Cherry, J. Majority: Cherry/Hardesty/Parraguirre/Douglas/Saitta/Gibbons/Pickering. 131 Nev. Adv. Opn. No. 13. EN BANC15-09137
04/20/2015RemittiturIssued Remittitur.15-11825
04/20/2015Case Status UpdateRemittitur Issued/Case Closed.
07/22/2015Notice/OutgoingIssued Letter to Publishers with corrections to recently filed opinions. (Letter dated July 21, 2015) Nos. 63284/61059/64623/59638/60527/63076/63683/62792. (Letter entered in 63284 as document no. 15-22234)
11/02/2015RemittiturFiled Remittitur. Received by Clerk, U.S. Court of Appeals on August 31, 2015.15-11825