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Case Information: 70504
Short Caption:NALDER VS. UNITED AUTOMOBILE INSURANCE CO.Court:Supreme Court
Related Case(s):78085
Lower Court Case(s):NONEClassification:Original Proceeding - NRAP 5 - U.S. Court of Appeals
Disqualifications:ParraguirreCase Status:Submitted for Decision
Replacement:Senior Justice Saitta for Justice ParraguirrePanel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/03/2019 at 1:30 PMOral Argument Location:Las Vegas
Submission Date:08/06/2019How Submitted:On Record And Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/07/2016Filing FeeFiling Fee due.
06/07/2016Order/IncomingFiled Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorable Alex Kozinski, U.S. Court of Appeals Judge.Y16-17696
06/07/2016Other Incoming DocumentFiled General Docket Sheet and Opening, Answering and Reply Briefs filed in the U.S. Court of Appeals, Ninth Circuit16-17697
06/07/2016Other Incoming DocumentFiled Appellant's Appendix, Volumes 1 through 4 filed in the U.S. Court of Appeals, Ninth Circuit.16-17698
06/07/2016Other Incoming DocumentFiled Supplemental Excerpts of Record, Volumes 1 through 4 filed in the U.S. Court of Appeals, Ninth Circuit.16-17699
07/22/2016Order/ProceduralFiled Order Accepting Certified Question, Directing Briefing and Directing Submission of Filing Fee. Appellants shall have 30 days from the date of this order to file and serve an opening brief. Respondent shall have 30 days from the date the opening brief is served to file and serve an answering brief. Appellants shall then have 20 days from the date the answering brief is served to file and serve any reply brief. Appellants 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.16-22793
07/25/2016Filing FeeFiling Fee Paid. $125.00 from Atkin Winner & Sherrod, Ltd. Check No. 45430.
08/03/2016Filing FeeAppellant's Filing Fee Paid. $125.00 from Christensen Law. Check No. 108007.
08/09/2016Notice/IncomingFiled Notice of Association of Counsel (Dennis Prince as counsel for the Appellants').16-24588
08/15/2016MotionFiled Stipulation for Extension of Time to File Opening Brief Regarding Certified Question of Law.16-25272
08/15/2016Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Brief and Appendix due: September 20, 2016.16-25277
08/29/2016MotionFiled Appellee/Respondent's Motion To Associate Counsel.16-26809
09/07/2016OtherChief Justice Ron Parraguirre disqualified from participation in this matter.
09/07/2016Order/ProceduralFiled Order Granting Motion to Associate Counsel. We grant the motion to associate. Mr. Scott and Mr. Cole shall be permitted to appear on behalf of respondent in this matter. Nevada attorney Matthew J. Douglas of Atkin Winner & Sherrod shall be responsible for all matters presented by Mr. Scott and Mr. Cole in this appeal.16-27746
09/14/2016MotionFiled Stipulation For Extension Of Time To File Opening Brief And Amend The Briefing Schedule Regarding Certified Question Of Law.16-28608
09/28/2016Notice/IncomingFiled Notice of Association of Counsel. Scott A. Cole, Esq. of the law firm Cole, Scott & Kissane, P.A. associating as counsel of record for respondent.16-30212
09/28/2016Notice/IncomingFiled Notice of Association of Counsel. Thomas E. Scott, Esq. of the law firm Cole, Scott & Kissane, P.A. associating as counsel of record for respondent.16-30213
09/30/2016Order/ProceduralFiled Order Granting Motion. The parties have filed a second stipulation to extend the time to file the briefs. We elect to treat the stipulation as a joint motion for an extension of time, and we grant the motion. Opening Brief and Appendix due: November 7, 2016. Answering Brief due: January 6, 2017. Reply due: February 2, 2017.16-30479
11/09/2016BriefFiled Appellants' Opening Brief.16-34934
11/17/2016MotionFiled Motion for Leave to File Brief of Amicus Curiae of the Nevada Justice Association in Support of Appellants NTS. (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER 12/12/16 ORDER.)16-35827
11/17/2016MotionFiled Motion for An Extension of Time to File Amicus Brief (United Policyholders).16-35852
11/18/2016Notice/IncomingFiled Certificate of Service. (Motion for Leave to File Brief of Amicus Curiae of the Nevada Justice Association in Support of Appellants NTS.)16-36123
12/12/2016Order/ProceduralFiled Order Granting Motions. Cause appearing, we grant the unopposed motion of the Nevada Justice Association to file an amicus brief. We direct the clerk of this court to detach from the motion the amicus brief of the Nevada Justice Association in support of appellants and file it separately. Cause appearing, we grant the motion of proposed amicus United Policyholders for an extension of time to file a motion for leave to file an amicus brief in support of appellants. United Policyholders shall have until December 19, 2016, to file the motion and submit the proposed brief.16-38302
12/12/2016BriefFiled Brief of Amicus Curiae of the Nevada Justice Association in Support of Appellants NTS.16-38309
12/14/2016MotionFiled Motion to Associate Counsel.16-38795
12/14/2016Notice/IncomingFiled Notice of Motion to Associate Counsel.16-38796
12/15/2016MotionFiled Amended Motion To Associate Counsel.16-38991
12/20/2016MotionFiled Motion For Leave to File Brief of Amicus Curiae of United Policyholders in Support of Appellants.16-39419
01/06/2017BriefFiled Respondent's Answering Brief.17-00601
01/17/2017MotionFiled The Complex Insurance Claims Litigation Assocition (CICLA)'s Motion for Leave to File Amicus Curiae Brief.17-01540
01/17/2017MotionFiled The Complex Insurance Claims Litigation Assocition (CICLA)'s Motion to Associate Laura Anne Foggan as Counsel.17-01541
01/18/2017Order/ProceduralFiled Order Granting Motion To Associate Counsel. We grant the motion to associate. Mr. Boyle shall be permitted to appear on behalf of appellants in this matter. Nevada attorney David T. Pursiano of Pursiano Barry Bruce Lavelle, LLP shall be responsible for all matters presented by Mr. Boyle in this appeal.17-01818
01/24/2017Order/ProceduralFiled Order Granting Motions to File Amicus Briefs and to Associate Counsel. We direct the clerk of this court to file the amicus brief of United Policyholders in support of appellants received on December 20, 2016. We direct the clerk of this court to file the amicus brief received on January 17, 2017. We grant the motion to associate. Attorney Laura Anne Foggan of Crowell & Moring LLP shall be permitted to appear on behalf of amici curiae CICLA, AIA, and PCI in this matter. Nevada attorney Joel D. Henriod of Lewis Roca Rothgerber Christie LLP shall be responsible for all matters presented by Ms. Foggan in this appeal.17-02620
01/24/2017BriefFiled Brief of Amicus Curiae of United Policy Holders in Support of Appellants.17-02624
01/24/2017BriefFiled Amici Curiae Brief of Complex Insurance Claims Litigation Association, American Insurance Association, and Property Casualty Insurers Association of America in Support of Respondent.17-02626
01/25/2017MotionFiled Stipulation for Extension of Time to File Reply Brief Regarding Certified Question of Law.17-02749
01/25/2017Notice/OutgoingIssued Notice Motion/Stipulation Approved. Reply Brief due: February 16, 2017.17-02751
02/17/2017BriefFiled Appellants' Reply Brief.17-05701
02/17/2017Case Status UpdateBriefing Completed/To Screening.
03/14/2017Notice/IncomingFiled Respondent's Notice Of Filing Of Its Motion To Dismiss For Lack Of Standing Before The Ninth Circuit.17-08574
06/13/2017Notice/OutgoingFiled Notice. On March 14, 2017, respondent United Automobile Insurance Company (UAIC) filed a Motion to Dismiss with the United States Court of Appeals for the Ninth Circuit (Docket No. 13-17441). UAIC filed a courtesy copy of its motion with this court the same day. Should the Ninth Circuit grant UAIC's motion, it will render the NRAP 5 certified question posed to this court advisory. Therefore, we are staying our consideration of the certified question until after the Ninth Circuit grants or denies the motion. The Clerk of the Court shall deliver this Notice to the United States Court of Appeals for the Ninth Circuit.17-19439
01/10/2018Order/IncomingFiled Second Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorable Diarmuid F. O'Scannlain, U.S. Circuit Judge.Y18-01301
01/11/2018Order/IncomingFiled Second Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorable Diarmuid F. O'Scannlain, U.S. Circuit Judge.18-01693
02/23/2018Order/ProceduralFiled Order Accepting Second Certified Question and Directing Supplemental Briefing. Appellants shall have 30 days from the date of this order to file and serve a supplemental opening brief. Respondent shall have 30 days from the date the supplemental opening brief is served to file and serve a supplemental answering brief. Appellants shall then have 20 days from the date the supplemental answering brief is served to file and serve any supplemental reply brief. fn1[The Honorable Ron D. Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.]18-07125
03/22/2018MotionFiled Stipulation for Extension of Time to File Supplemental Opening Brief Regarding Second Certified Question of Law.18-11250
04/05/2018Order/ProceduralFiled Order. Appellants' Supplemental Opening Brief due: May 25, 2018.18-12939
05/24/2018MotionFiled Appellant's Motion for Extension of Time to File Supplemental Opening Brief Regarding Second Certified Question of Law.18-19972
05/24/2018Order/ProceduralFiled Order Granting Motion. Appellant's Supplemental Opening Brief due: July 2, 2018.18-20025
06/29/2018MotionFiled Appellant's Motion For Extension Of Time To File Supplemental Opening Brief Regarding Second Certified Question Of Law.18-24885
07/23/2018Order/ProceduralFiled Order Granting Motion. Appellants' Supplemental Opening Brief due: August 1, 2018.18-28066
08/02/2018BriefFiled Appellants' Supplemental Opening Brief Regarding Second Certified Question of Law.18-29609
08/02/2018AppendixFiled Appellant's Supplemental Appendix Volume 1.18-29611
08/17/2018MotionFiled Stipulation for Extension of Time for Respondent to File Respondents' Supplemental Opening Brief Regarding Second Certified Question of Law (Answering Brief).18-31902
08/23/2018Order/ProceduralFiled Order Regarding Motion. Respondent's Supplemental Answering Brief due: October 19, 2018.18-33026
10/16/2018MotionFiled Respondent's Motion For Extension Of Time To File Supplemental Opening Brief Regarding Second Certified Question Of Law.18-40513
10/25/2018Order/ProceduralFiled Order Granting Motion. Respondent's Supplemental Answering Brief due: November 19, 2018.18-42004
11/19/2018BriefFiled Respondent's Supplemental Answering Brief to Second Certified Question. (SC)18-904776
11/20/2018AppendixFiled Appendix to Respondent's Supplemental Answering Brief - Vol. 1. (SC)18-904968
11/20/2018AppendixFiled Appendix to Respondent's Supplemental Answering Brief - Vol. 2. (SC)18-904970
11/20/2018AppendixFiled Appendix to Respondent's Supplemental Answering Brief - Vol. 3. (SC)18-904971
12/11/2018MotionFiled Appellants' Motion To Strike Portions Of Respondent's Supplemental Answering Brief To Second Certified Question And Appendix. (SC)18-908070
12/11/2018MotionFiled Appellants' Motion To Stay Briefing Pending This Court's Decision On Appellants' Motion To Strike Portions Of Respondents Supplemental Answering Brief To Second Certfied Question And Appendix. (SC)18-908073
12/18/2018MotionFiled Respondent's Response In Opposition To Appellants' Motion to Strike Portions of Respondent's Supplemental Answering Brief to Second Certified Question and Appendix. (SC)18-909272
12/18/2018MotionFiled Respondent's Response to Appellants' Motion to Stay Briefing Pending This Court's Decision On Appellants' Motion to Strike Portions of Respondents Supplemental Answering Brief Second Certified Question and Appendix. (SC)18-909390
12/24/2018MotionFiled Appellants' Reply in Support of Motion to Strike Portions of Respondent's Supplemental Answering Brief to Second Certified Question and Appendix. (SC)18-910239
12/24/2018MotionFiled Appellants' Reply in Support of Motion to Stay Briefing Pending this Court's Decision on Appellants' Motion to Strike Portions of Respondent's Supplemental Answering Brief and Appendix. (SC)18-910240
01/16/2019MotionFiled Respondent United Automobile Insurance Company's Motion for Leave to File Supplemental Briefing. (SC)19-02503
01/23/2019Order/ProceduralFiled Order Regarding Motions. Appellants have filed a motion to strike portions of respondent's supplemental answering brief and appendix. The motion to strike is denied without prejudice to this court's consideration of the issue on disposition of the merits. Respondent's motion for leave to file a supplemental brief addressing recent case law is granted. The clerk of this court shall file the "Supplemental Brief Addressing Recent Case Law" received via e-flex on January 16, 2019. Appellants shall have 15 days from the date of this order to file and serve a reply that addresses both the original answering brief and the supplemental brief. No extensions of time will be granted. fn1[Appellants' motion to stay briefing pending resolution of the motion to strike is denied as moot.] (SC)19-03539
01/23/2019BriefFiled Respondent's Supplemental Brief Addressing Recent Case Law. (SC)19-03540
02/08/2019BriefFiled Appellants' Reply Brief Regarding Second Certified Question Of Law And Response To Supplemental Brief Addressing Recent Case Law. (SC).19-06034
02/08/2019AppendixFiled Appendix to Appellants Reply Brief Volume 1. (SC)19-06035
05/01/2019Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, June 3, 2019, at 1:30 p.m. for 30 minutes in Las Vegas. (SC)19-19134
05/02/2019Notice/IncomingFiled Errata to Appellants' Briefs Regarding First and Second Certified Questions of Law. (SC)Y19-19313
05/15/2019BriefFiled Appellants' Notice of Supplemental Authority Pursuant to NRAP 31(e). (SC)19-21484
05/20/2019Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)19-21876
05/22/2019Notice/IncomingFiled Notice of Appearance of Counsel (Daniel F. Polsenberg, J. Christopher Jorgensen, Abraham G. Smith for Respondent). (SC)19-22409
05/22/2019BriefFiled Respondent's NRAP 31(e) Supplemental Authorities and Response to Appellant's NRAP 31(e) Supplemental Authorities. (SC)19-22411
06/03/2019Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court (SC)
06/24/2019Order/ProceduralFiled Order of Assignment. IT IS HEREBY ORDERED that the Honorable Nancy M. Saitta, Senior Justice, is assigned to participate in the determination of this matter in the place of Justice Parraguirre. (SC)19-27113
07/10/2019Notice/IncomingFiled Notice of Appearance and Change of Firm Name (Dennis M. Prince and Kevin T. Strong of Prince Law Group for Appellants). (SC19-29239
07/11/2019Notice/IncomingFiled Notice of Change of Firm Name for Amicus Curiae United Policyholders Attorney (Pursiano Barry Bruce Lavelle, LLP is now Pursiano Barry Bruce Demetriades Simon, LLP). (SC)19-29637
07/26/2019Notice/IncomingFiled Notice of Attorney Lien from the law firm of Eglet Adams.19-31673
08/06/2019Order/ProceduralFiled Order Submitting for Decision Without Oral Argument. (VACATED PER ORDER FILED 8/13/19). (SC)19-33109
08/13/2019Order/ProceduralFiled Order. On June 3, 2019, this case was submitted for decision after oral argument. Subsequently, on August 6, 2019, order submitting this matter for decision without oral argument was erroneously filed. Accordingly, this court's August 6, 2019, order is hereby vacated. (SC)19-34000