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Case Information: 70648
Short Caption:DUNCAN VS. STATE, OFFICE OF THE STATE TREASURERClassification:Civil Appeal - General - Other
Lower Court Case(s):Clark Co. - Eighth Judicial District - A723703Case Status:Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:SP Status:
Oral Argument:07/29/2016 at 11:30 AMOral Argument Location:Regional Justice Center
Submission Date:07/29/2016How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/23/2016Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court.
06/23/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)16-19767
06/23/2016Notice/OutgoingIssued Notice of Exemption from Settlement Program/File Documents. Transcript request due: 15 days. Opening brief due: 120 days.16-19769
06/24/2016Order/ProceduralFiled Order. Oral argument is hereby scheduled in this matter at 11:30 a.m. on July 29, 2016 at the Regional Justice Center in Las Vegas. District Court Clerk: Complete Certified Trial Record due: 15 days. This court has determined that in order to expedite the decision in this matter, the regular briefing schedule will not apply. Appellants shall have 10 days form the date of this order within which to file a supplement to the pleadings filed below. Respondents shall have 7 days from the filing of the appellants' supplement in which to file a response to the supplement. No reply shall be filed. fn1[The supplement and the response shall not exceed 10 pages. Alternatively, the supplement or response is acceptable if it contains no more than 4,667 words, or, if it uses a monospaced typeface, contains no more than 433 lines of text.] fn2[Application of NRAP 25(a)(2)(B)(ii)-(iv) is suspended. All documents in this matter shall be filed personally, electronically, or by facsimile transmission with the clerk of this court in Carson City. In addition, service of all documents shall be personal, electronic, or by facsimile transmission.]16-19921
06/27/2016MotionFiled Emergency Motion under NRAP 27(E) Motion to Reset Oral Argument and Briefing Schedule.16-19947
06/27/2016Filing FeeFiling Fee Paid. $250.00 from American Civil Liberties Union of Nevada Foundation Inc. Check No. 2261.
06/27/2016MotionFiled Response to Emergency Motion to Reset Oral Argument and Briefing Schedule.16-20056
06/28/2016MotionFiled Respondent-Intervenors' Response to Appellants' Emergency Motion to Reset Oral Argument and Briefing Schedule.16-20123
06/28/2016Order/ProceduralFiled Order Denying Motion. On June 24, 2016, this court entered an order scheduling oral argument and setting a special briefing schedule in this matter. Appellants have now filed a motion requesting this court to reset both the oral argument date and the special briefing schedule, and respondents have filed responses to the motion. No good cause appearing, we deny the motion. The oral argument date and briefing schedule set forth in our June 24, 2016, order stand.16-20133
06/28/2016Order/ProceduralFiled Order. Appellants filed a motion requesting this court to reset both the oral argument date and the special briefing schedule, and respondents have filed responses to the motion. On June 28, 2016, this court denied the motion. Upon further consideration, this court has determined that the motion should be granted to the extent of lifting the page limit previously imposed and allowing full length briefs, as provided in NRAP 32(7)(a). The opening brief shall be filed within 10 days of the date of this order, and the answering brief shall be filed within 7 days of the filing of the opening brief. A reply brief, if one is to be filed, must be filed on or before July 26, 2016. No extensions of time will be granted in the briefing schedule. Oral argument will be held on July 29, 2016, at 11:30 a.m., as previously scheduled. Oral argument will be limited to 60 minutes.16-20276
06/29/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Friday, July 29, 2016, at 11:30 am in Las Vegas for 60 minutes.16-20302
06/29/2016MotionFiled Respondent-Intervenors' Motion to Correct Party Information.16-20434
07/05/2016Record on Appeal DocumentsFiled Record on Appeal Volumes 1-14.16-20739
07/08/2016Letter/IncomingFiled Letter on Behalf of KTNV to Have News Camera Crew Cover Oral Argument being Held July 29, 2016. (via Fax).16-21315
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.16-21607
07/12/2016BriefFiled Appellants' Opening Brief.16-21745
07/15/2016Order/ProceduralFiled Order. Respondents Aimee Hairr, Aurora Espinoza, Elizabeth Robbins, Lara Allen, Jeffrey Smith, and Trina Smith have filed a motion to update C-Track and this court's electronic filing system to reflect that Hutchison & Steffen, LLC is no longer counsel of record for these respondents. This court's records already reflect that Mark A. Hutchison, Jacob A. Reynolds, and Robert T. Stewart of Hutchison & Steffen, LLC are former counsel for the moving respondents. Accordingly, we take no action on the motion.16-22108
07/15/2016MotionFiled Respondent-Intervenors' Unopposed Motion to Divide Argument.16-22178
07/18/2016Notice/OutgoingIssued Oral Argument Reminder Notice.16-22269
07/20/2016MotionFiled Respondent-Intervenors' Motion to Associate Counsel (Timothy Keller).16-22475
07/20/2016MotionFiled Respondent-Intervenors' Motion to Associate Counsel (Keith Diggs).16-22477
07/20/2016MotionFiled Motion To File Amicus Curiae Brief On Behalf Of Proposed Amici American Federation For Children, Hispanics For School Choice, School Choice WI, Dr. Patrick J. Wolf, And WI Inst. For Law & Liberty.16-22583
07/21/2016Order/Clerk'sFiled Order. An unopposed motion to divide argument time was filed in this court on July 15, 2016. The motion is granted and the division of time shall follow as requested in motion.16-22650
07/21/2016BriefFiled Respondent-Intervenors' Answering Brief.16-22790
07/22/2016BriefFiled Respondent's Answering Brief.16-22845
07/22/2016MotionFiled Motion of Amici for Leave to File a Brief of Amici Curiae in Support of Appellants for Reversal of the District Court Decision. (Amicus brief attached.) (DETACHED AMICUS BRIEF AND FILED PER ORDER 7/25/16)16-22847
07/22/2016MotionFiled Motion for Leave to File a Brief as Amicus Curiae (Friedman Foundation for Educational Choice, Inc.)16-22918
07/25/2016MotionFiled Motion for Leave to File Amicus Curiae Brief in Support of Respondents' Answering Brief (Foundation for Excellence in Education).16-22973
07/25/2016Notice/IncomingFiled Notice of Appearance (Micah Echols, Todd Zubler, Daniel Hartman and Kevin Gallagher as counsel for Amicus Party Foundation for Excellence in Education).16-22985
07/25/2016Order/ProceduralFiled Order. Respondents filed motions to associate attorneys Timothy S. Keller and Keith E. Diggs of the law firm Institute for Justice. We grant the motions. Also pending before the court are four motions to file amicus curiae briefs. The motions are granted. The clerk shall file the proposed amicus briefs received on July 20, 2016, July 22, 2016, and July 25, 2016; and detach the proposed amicus brief attached to the motion filed by the BJC on July 22, 2016, and file it separately herein. No responses to the amicus briefs shall be filed unless ordered by this court.16-23043
07/25/2016BriefFiled Brief Of Amici American Federation For Children, Hispanics For School Choice, School Choice Wisconsin, Dr. Patrick J. Wolf, And Wisconsin Institute For Law & Liberty In Support Of The Respondents.16-23046
07/25/2016BriefFiled Brief of The Friedman Foundation for Educational Choice, Inc. as Amicus Curiae in Support of the Respondents.16-23048
07/25/2016BriefFiled Brief of Amicus Curiae Foundation for Excellence in Education in Support of Respondents' Answering Brief and Affirmance.16-23051
07/25/2016BriefFiled Brief of Amici Curiae Baptist Joint Committee for Religious Liberty and Hindu American Foundation in Support of Appellants for Reversal of the District Court Decision.16-23057
07/26/2016Letter/IncomingFiled Letter from Neal Morton of the Las Vegas-Review Journal Requesting Cameras in the Courtroom.16-23164
07/27/2016Order/ProceduralFiled Order Granting Media Request. Neal Morton of the Las Vegas Review-Journal shall coordinate with Larry Ish of KTNV, who was previously designated as pool coordinator.16-23263
07/27/2016BriefFiled Appellants' Reply Brief.16-23280
07/27/2016MotionFiled Motion for Leave to Appear as Amicus Curiae (Becket Fund for Religious Liberty). (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 7/28/16).16-23290
07/27/2016Letter/IncomingFiled Filed Letter from Bob Guerrero of the Las Vegas Television station KSNV Requesting permission to cover Oral Argument Friday July 29, 2016.16-23401
07/28/2016Order/ProceduralFiled Order Granting Media Request. Bob Guerrero of KSNV-TV Las Vegas shall coordinate with Larry Ish of KTNV, who was previously designated as pool coordinator16-23438
07/28/2016Order/ProceduralFiled Order Granting Motion. The clerk shall detach the proposed amicus brief attached to the motion filed by the Becket Fund on July 27, 2016, and file it separately herein. No response to the amicus brief shall be filed unless ordered by this court.16-23534
07/28/2016BriefFiled Becket Fund for Religious Liberty's Amicus Brief. (DETACHED FROM MOTION FILED ON 7/27/16 AND FILED SEPARATELY PER ORDER 7/28/16).16-23535
07/29/2016Letter/IncomingFiled Reporter Dennis Neuhausel of KLAS-TV's Letter Requesting Cameras in the Courtroom. Nos. 69611/70648.16-23618
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.16-23638
07/29/2016Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
09/29/2016Opinion/DispositionalFiled Filed 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. 69611/7064816-30308
10/24/2016RemittiturIssued Remittitur.16-33207
10/24/2016Case Status UpdateRemittitur Issued/Case Closed.
11/18/2016RemittiturFiled Remittitur. Received by District Court Clerk on October 31, 2016.16-33207
02/15/2017Notice/OutgoingIssued Issued 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)