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Case Information: 69611
Short Caption:SCHWARTZ VS. LOPEZClassification:Civil Appeal - General - Other
Related Case(s):69580
Lower Court Case(s):Carson City - First Judicial District - 15OC002071BCase Status:Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:SP Status:
Oral Argument:07/29/2016 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:07/29/2016How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/20/2016Filing FeeAppeal Filing fee waived. State/County/Municipality.
01/20/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)16-02029
01/21/2016MotionFiled Motion to Expedite Appeal.16-02056
01/21/2016Docketing StatementFiled Docketing Statement Civil Appeals.16-02057
01/21/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.16-02090
01/21/2016MotionFiled Response to Appellant's Motion to Expedite Appeal.16-02212
01/27/2016Notice/OutgoingIssued Notice of Exemption from Settlement Program/File Documents. Transcript request due: 15 days. Opening brief due: 120 days.16-02786
01/27/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.16-02842
02/04/2016Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 01/08/16. To Court Reporter: Shannon Taylor.16-03775
02/05/2016TranscriptFiled Notice from Court Reporter. Shannon L. Taylor stating that the requested transcripts were delivered. Dates of transcripts: 01/08/16.16-04007
02/08/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.16-04129
02/12/2016Order/ProceduralFiled Order Granting Motion to Expedite. Appellant: Opening Brief and Appendix due: 21 days. Respondents shall have 21 days from service of the opening brief to file and serve their answering briefs. Appellant shall have 10 days from service of the last-filed answering brief to file and serve a reply brief. We defer ruling on appellant's request for oral argument until after the briefs are received and reviewed.16-04644
03/03/2016Notice of Appeal DocumentsFiled District Court Docket Entries.16-06921
03/04/2016BriefFiled Appellant's Opening Brief.16-07113
03/04/2016AppendixFiled Appellant's Appendix.16-07114
03/07/2016BriefFiled Appellant's Corrected Opening Brief with Routing Statement.16-07211
03/10/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.16-07798
03/11/2016Notice of Appeal DocumentsFiled District Court Docket Entries.16-07818
03/15/2016MotionFiled Amici Aimee Hairr, Aurora Espinoza, Elizabeth Robbins, Lara Allen, Jeffrey Smith, and Trina Smith's Motion to Associate Counsel. (Timothy D. Keller).16-08224
03/16/2016Notice/IncomingFiled Amici Aimee Hairr, Aurora Espinoza, Elizabeth Robbins, Lara Allen, Jeffrey Smith, and Trina Smith's Notice of Compliance With NRAP 29(a) (Consent from all parties).16-08396
03/16/2016BriefFiled Amici Aimee Hairr, Aurora Espinoza, Elizabeth Robbins, Lara Allen, Jeffrey Smith, and Trina Smith's Unopposed Amicus Brief in Support of Appellant's Opening Brief.16-08397
03/16/2016AppendixFiled Appendix to Amici Aimee Hairr, Aurora Espinoza, Elizabeth Robbins, Lara Allen, Jeffrey Smith, and Trina Smith's Unopposed Amicus Brief in Support of Appellant's Opening Brief.16-08398
03/28/2016BriefFiled Respondents' Answering Brief.16-09604
03/28/2016AppendixFiled Respondents' Appendix, Volume I.16-09605
03/28/2016AppendixFiled Respondents' Appendix, Volume II.16-09606
03/29/2016MotionFiled Amici Curiae Nevada State Education Association and National Education Association's Motion to Associate Counsel (Kristen L. Hollar).16-09856
03/30/2016Notice/IncomingFiled Notice Pursuant to NRAP 29(a) of Parties' Consent to Filing of Amicus Brief.16-09921
03/31/2016Order/ProceduralFiled Order Granting Motion to Associate Counsel. Timothy D. Keller shall be permitted to appear on behalf of amici in this matter. Nevada attorney Lisa J. Zastrow of Kolesar & Leatham shall be responsible for all matters presented by Mr. Keller in this appeal.16-10016
03/31/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Potential amici National School Board Association and Nevada Association of School Boards Motion for Leave to File an Amicus Brief in Support of Answering Brief due: April 20, 2016.16-10031
04/01/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries16-10261
04/04/2016MotionFiled Motion for Leave to File Amici Curiae Brief. (National School Boards Association and Nevada Association of School Boards).16-10357
04/05/2016BriefFiled Brief for the Nevada State Education Association and the National Education Association as Amici Curiae in Support of Respondents.16-10539
04/05/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Potential amici Mexican American Legal Defense and Educational Fund, Las Vegas NAACP, and Southern Poverty Law Center's Motion for Leave to File an Amicus Brief due: April 20, 2016.16-10657
04/06/2016Notice/IncomingFiled Notice Pursuant To NRAP 29(A) Of Consent To Filing Of Amicus Curiae Brief.16-10708
04/06/2016BriefFiled Amici Curiae Ruby Duncan, Rabbi Mel Hecht, Howard Watts III, Leora Olivas, and Adam Berger in Support of Respondents.16-10752
04/06/2016Order/ProceduralFiled Order Granting Motion to Associate Counsel. Attorney Kristen L. Hollar of the National Education Association is permitted to appear on behalf of amici (Nevada State Education Association and National Education Association) in this matter. Nevada attorney Francis C. Flaherty of Dyer, Lawrence, Penrose, Flaherty, Donaldson & Prunty shall be responsible for all matters presented by Ms. Hollar in this appeal.16-10782
04/06/2016MotionFiled Expedited Motion to Set Reply Brief Deadline to Conform to Amici Extension (First Request).16-10827
04/07/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.16-10895
04/07/2016MotionFiled Notice of Non-Opposition to Appellant's Expedited Motion to Set Reply Brief Deadline to Coform to Amici Extension.16-10899
04/07/2016MotionFiled Motion By Wisconsin Aliance For Excellent Schools et al. to File Amicus Curiae Brief in Support of Apellees.16-10939
04/08/2016Order/ProceduralFiled Order Granting Motion. Reply Brief due: April 29, 2016.16-11048
04/19/2016MotionFiled Motion for Leave to File Brief of Amici Curiae Mexican American Legal Defense and Educational Fund, Las Vegas NAACP, and Southern Poverty Law Center in Support of Plaintiffs-Appellees.16-12288
04/21/2016Order/ProceduralFiled Order Granting Motions. We direct the clerk of this court to file the briefs of amici curiae provisionally received on April 4, 7, and 19, 2016.16-12428
04/21/2016BriefFiled Amicus Brief National School Boards Association and Nevada Association of School Boards.16-12433
04/21/2016BriefFiled Brief of Amici Wisconsin Aliance for Excellent Schools, Wisconsin Association of School District Administrators, Association of Wisconsin School Administrators, Horace Mann Leage, and Network for Public Education.16-12434
04/21/2016BriefFiled Amici Curiae Mexican American Legal Defense and Educational Fund, Las Vegas NAACP, and Southern Poverty Law Center.16-12436
04/21/2016Notice/IncomingFiled Notice of Acceptance and Filing of the Brief of Amici Curiae Mexican American Legal Defense and Educational Fund, Las Vegas NAACP, and Southern Poverty Law Center in Support of Plaintiffs-Appellees16-12607
05/02/2016MotionFiled Appellant's Motion for Permission to Exceed Type-Volume Limitation for Reply Brief. (Reply brief attached.) (DETACHED REPLY BRIEF AND FILED PER 05/03/16 ORDER.)16-13608
05/03/2016Order/ProceduralFiled Order Granting Motion. The clerk of this court shall detach the reply brief from the motion filed on May 2, 2016, and file it separately in this appeal.16-13855
05/03/2016BriefFiled Appellant's Reply Brief.16-13862
05/03/2016Case Status UpdateBriefing Completed/To Screening.
05/13/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.16-15128
05/20/2016MotionFiled Unopposed Motion for Expedited Oral Argument and Decision and Notice of Related Ruling.16-16010
05/24/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for Friday, July 8, 2016, at 10:00 a.m. in Las Vegas for 60 minutes.16-16293
05/25/2016Order/ProceduralFiled Order Denying Motion To Expedite Oral Argument. On May 20, 2016, appellant filed an unopposed motion to expedite and set oral argument for June 6 or 7, 2016, and to render a decision by July 8, 2016. We deny the motion, however, we have scheduled oral argument for July 8, 2016, the earliest possible date this court can reasonably hear the merits of this case, and we will expedite a decision in this matter to the extent this court's docket permits.16-16392
06/13/2016Letter/IncomingFiled Letter requesting permission to have a video and a still camera in the courtroom during July 8, 2016, oral argument.16-18731
06/14/2016MotionFiled Unopposed Motion to Reset Oral Argument for the Last Week of July 2016.16-18461
06/14/2016MotionFiled Response to Appellant's Motion to Reset Oral Argument.16-18638
06/15/2016Order/ProceduralFiled Order Granting Motion and Rescheduling Oral Argument. This matter is currently scheduled for oral argument on July 8, 2016, at 10:00 a.m. Appellant has filed a motion to continue oral argument. The motion is unopposed. Cause appearing, the motion is granted. Oral argument on July 8, 2016, is hereby vacated. This matter will be rescheduled for 10:00 a.m. on Friday, July 29, 2016, in Las Vegas. Oral argument will be limited to 60 minutes.16-18735
06/20/2016Notice of Appeal DocumentsFiled District Court Docket Entries16-19282
06/22/2016Notice/IncomingFiled Notice Re: Consolidation of the ESA Cases for Oral Argument and Expedition of Briefing in Duncan.16-19471
06/23/2016MotionFiled Motion To Extend Page Limit Of Opposition To The State's Notice Re: Consolidation Of The ESA Cases For Oral Argument And Expedition Of Briefing In Duncan. (DETACHED OPPOSITION AND FILED PER 07/08/16 ORDER.)16-19608
06/23/2016MotionFiled Respondents' Response to Appellant's Notice Re: Consolidation of the ESA Cases for Oral Argument And Expedition of Briefing in Duncan.16-19761
06/29/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Friday, July 29, 2016, at 10:00 am in Las Vegas for 60 minutes.16-20298
06/29/2016Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.16-20382
07/08/2016Order/ProceduralFiled Order. Appellant has filed a notice requesting consolidating this appeal and Docket No. 70648 for the purpose of oral argument, and for an expedited briefing schedule in Docket No. 70648. Appellants in Docket No. 70648 oppose the request. In light of this court's orders entered on June 24 and 28, 2016, in Docket No. 70648, appellant's request is denied as moot. fn1[The motion to extend the page limit for the opposition, filed on June 23, 2016, is granted. The clerk shall detach the opposition from the motion and file it separately in this matter.]16-21308
07/08/2016MotionFiled Opposition To The State's Notice Re: Consolidation Of The ESA Cases For Oral Argument And Expedition Of Briefing In Duncan.16-21310
07/08/2016Letter/IncomingFiled Letter on Behalf of KTNV to Have News Camera Crew Cover Oral Argument being Held July 29, 2016. (via Fax).16-21311
07/12/2016Order/ProceduralFiled Order Granting Media Request. Larry Ish of KTNV is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants.16-21604
07/18/2016Notice/OutgoingIssued Oral Argument Reminder Notice.16-22267
07/18/2016Letter/IncomingFiled Letter from American Federation for Children Requesting Cameras in the Courtroom.16-22309
07/20/2016Order/ProceduralFiled Order Granting Media Request. A request having been made by Kim Martinez of the American Federation for Children seeking access to the Supreme Court of Nevada for the purpose of photographic or electronic coverage of the hearings to be held July 29, 2016, beginning at 10:00 a.m., in the above-entitled matter; IT IS HEREBY ORDERED that permission is granted for photographic or electronic media coverage of the court proceedings, for news purposes and not for commercial exploitation; IT IS FURTHER ORDERED that all persons participating in such photographic or electronic coverage shall observe the standards set forth in the Supreme Court Rules in all respects, Kim Martinez shall coordinate with Larry Ish of KTNV, who was previously designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment necessary to allow for such photographic or electronic coverage of such proceedings shall be placed in the courtroom before 10:00 a.m.16-22605
07/26/2016Letter/IncomingFiled Letter from Neal Morton of the Las Vegas-Review Journal Requesting Cameras in the Courtroom.16-23163
07/27/2016Order/ProceduralFiled Order Granting Media Request. Neal Morton of the Las Vegas Review-Journal shall coordinate with Larry Ish of KTVN, who was previously designated as pool coordinator.16-23262
07/27/2016Notice/IncomingFiled Notice of Appearance at Oral Argument (Don Springmeyer, Tamerlin Godley and Thomas Paul Clancy will Argue on Behalf of the Respondents).16-23275
07/29/2016Letter/IncomingFiled Reporter Dennis Neuhausel of KLAS-TV's Letter Requesting Cameras in the Courtroom. Nos. 69611/70648.16-23617
07/29/2016Order/ProceduralFiled Order Granting Media request. Dennis Neuhausel of KLAS-TV shall coordinate with Larry Ish of KTNV, who was previously designated as pool coordinator.16-23640
07/29/2016Case Status UpdateOral argument held this day. Case submitted for decision.Before the En Banc Court.
09/29/2016Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded (Docket No. 69611); affirmed in part, reversed in part, and remanded (Docket No. 70648)." Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Parraguirre/Gibbons/Pickering. Douglas, J., with whom Cherry, J., agrees, concurring in part and dissenting in part. 132 Nev. Adv. Opn. No. 73. EN BANC Nos. 69611/7064816-30306
10/24/2016RemittiturIssued Remittitur.16-33179
10/24/2016Case Status UpdateRemittitur Issued/Case Closed.
11/04/2016RemittiturFiled Remittitur. Received by County Clerk on October 25, 2016.16-33179
02/15/2017Notice/OutgoingIssued Letter to Publishers regarding corrections on recently filed opinions. Nos. 68987/(61715/65819/66452)/66094/68434/(69611/70648)/(68523/68754/68770/68845)/(68949/68975)/69065/68033/69218 (Filed in Docket no. 68989, Document no. 17-05409)