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Case Information: 81034
Lower Court Case(s):NONEClassification:Original Proceeding - NRAP 5 - U.S. District Court
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/02/2021 at 10:00 AMOral Argument Location:Carson City
Submission Date:How Submitted:

+ Party Information

Docket Entries
04/20/2020Filing FeeFiling Fee due. (SC)
04/20/2020Order/IncomingFiled Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada and the Honorable Andrew P. Gordon, U.S. District Court Judge. (SC)20-14878
05/13/2020Order/IncomingFiled Amended Order Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada and the Honorable Andrew P. Gordon, U.S. District Court Judge.20-18221
05/22/2020Order/ProceduralFiled Order Accepting Certified Questions, Directing Briefing, and Directing Submission of Filing Fee. Appellants' Opening Brief due: 30 days. Respondents shall have 30 days from the date the opening brief is served to file and serve any answering briefs. Appellants shall then have 21 days from the date the last-filed answering brief is served to file and serve any reply brief. Appellants and respondents shall each tender to the clerk of this court, within 14 days from the date of this order, the sum of $125, representing half of the filing fee. (SC).20-19564
05/29/2020Filing FeeFiling Fee Paid. $125.00 from Matthew L. Sharp, Ltd. Check No. 3334. (Appellant) (SC)
06/04/2020Filing FeeFiling Fee Paid. $125.00 from Snell & Wilmer. Check no. 17417. (Respondent) (SC)
06/16/2020Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Opening Brief due: July 6, 2020. (SC)20-22460
07/02/2020MotionFiled Appellants' Motion to Extend Time to File Opening Brief (Second Extension; First by Motion). (SC)20-24615
07/07/2020Order/ProceduralFiled Order Granting Motion. Appellants' Opening Brief and Appendix due: July 21, 2020. (SC).20-24987
07/21/2020Notice/IncomingFiled Notice of Appearance. Charles H. McCrea, Jr., Paul R. Hejmanowski, for Respondents. (SC)20-26658
07/21/2020BriefFiled Appellants' Opening Brief. (SC)20-26679
07/21/2020AppendixFiled Joint Appendix. (SC)20-26680
07/29/2020MotionFiled Motion for Leave to File Amicus Curiae Brief of the Nevada Justice Association (In Support of Appellants). (SC)20-27646
07/29/2020BriefFiled Amicus Curiae Brief of the Nevada Justice Association (In Support of Appellants). (SC)20-27648
08/10/2020MotionFiled Respondents Daniel Defense, LLC and Sportsman's Warehouse, Inc. Stipulation for Extension of Time to File Answering Brief. (SC)20-29390
08/14/2020Order/ProceduralFiled Order. The Nevada Justice Association has filed a motion for leave to file an amicus brief in support of appellants. NRAP 29. The amicus brief was filed on July 29, 2020. The parties' stipulation to extend the time to file the answering brief is approved. Daniel Defense, LLC and Sportsman's Warehouse, Inc.'s Answering brief due: September 21, 2020. (SC)20-30039
08/26/2020Notice/IncomingFiled Notice of Appearance of Amicus Counsel (In Support of Appellant). (SC)20-31444
09/15/2020Order/ProceduralFiled Filed Notice of Voluntary Disclosure. You are hereby notified that the law firm of Robison, Sharp, Sullivan & Brust previously represented me (Justice Hardesty) in an unrelated matter for which I do not believe disqualification is required. The undersigned makes this disclosure, however, so that any party who believes disqualification is appropriate may file a motion to disqualify pursuant to NRAP 35. Any motion to disqualify must be made in writing within seven (7) days of the filing date of this voluntary disclosure. (SC)20-33871
09/21/2020Notice/IncomingFiled Respondent's Notice to Notice of Voluntary Disclosure. (SC)20-34656
09/21/2020Notice/IncomingFiled Respondent's Notice of Appearance for Kelly Dove and Gil Kahn (Daniel Defense and Sportsman's Warehouse) (SC)20-34683
09/21/2020MotionFiled Appellant's Motion for Notice of Withdrawal (Katherine Messner-Hage) (SC)20-34693
09/21/2020BriefFiled Respondent's Joint Answering Brief (SC)20-34724
09/25/2020BriefFiled Amicus Brief of National Shooting Foundation in support of Respondent's (SC)20-35314
09/25/2020MotionFiled Motion for Permission to File Amicus Curiae Brief Of National Shooting Sports Foundation in Support of Respondents (SC)20-35315
10/01/2020Order/ProceduralFiled Order. The National Sports Shooting Foundation has filed a motion for leave to file an amicus brief in support of respondents. The motion is granted. (SC)20-36119
10/07/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' reply brief due: October 26, 2020. (SC)20-36808
10/26/2020BriefFiled Appellants' Reply Brief. (SC)20-39215
10/27/2020Case Status UpdateBriefing Completed/To Screening, (SC)
11/05/2020MotionFiled Motion to Associate Counsel Victor E. Schwartz as Pro Hac. (SC)20-40346
11/06/2020Notice/IncomingFiled Appellants' Notice of Appearance for Alinor C. Sterling. (SC)20-40589
01/25/2021Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on March 2, 2021, at 10:00 a.m. The parties shall be allotted 30 minutes per side. The Nevada Justice Association and the National Shooting Sports Foundation shall each have 10 minutes to present the position of amici. The argument will be videoconferenced. The argument shall be limited to 80 minutes. The court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. Within 7 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC)21-02210
01/29/2021Notice/IncomingFiled Notice Amended Notice of Attorneys Who Will be Arguing at Oral Argument Set for March 2, 2021 at 10:00 a.m. (SC)21-02917
02/16/2021Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)21-04483
03/01/2021MotionFiled Appellants' Motion to Allow Use of Screen Sharing During Oral Argument. (SC)21-05932
03/01/2021MotionFiled Response to Appellants' Motion to Allow Use of Screen Sharing During Oral Argument. (SC)21-05996
03/01/2021Order/ProceduralFiled Order Denying Motion. Appellant's have filed a motion to allow use of screen sharing during oral argument. In the absence of a stipulation by opposing counsel and a disclosure of the proposed display, the motion is provisionally denied. (SC)21-06008
03/03/2021Case Status UpdateOral Argument held this day (not submitted). Before the En Banc Court. 81034. (SC)
03/03/2021Notice/IncomingFiled Notice of Amicus Curiae National Shooting Sports Foundation Intention to Not File Supplemental Brief. (SC)21-06231
03/09/2021Order/ProceduralFiled Order Submitting Appeal for Decision. This appeal shall stand submitted for decision to the En Banc Court as of March 3, 2021, on the briefs filed herein. (SC)21-06759
08/03/2021Notice/IncomingFiled Notice of Change of Firm and Address. Therese M. Shanks, attorney of record for Amicus Curiae, Nevada Justice Association, has relocated to the law firm of Fennemore Craig, P.C. (SC)21-22576
12/02/2021Opinion/DispositionalFiled Authored Opinion. "Questions answered in part." Before the Court En Banc. Author: Pickering, J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Silver/Pickering/Herndon. 137 Nev. Adv. Opn. No. 72. En Banc. (SC).21-34317
12/20/2021Post-Judgment PetitionFiled Appellants' Petition for Rehearing. (SC)21-36274
12/20/2021Filing FeeFiling fee paid. E-Payment $150.00 from Matthew L. Sharp. (SC)
01/05/2022Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Answer due: 14 days. (SC)22-00351
01/07/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Respondents' Answer to Petition for Rehearing due: February 2, 2022. (SC)22-00756
02/02/2022Post-Judgment PetitionFiled Respondents' Answer to Petition for Rehearing. (SC)22-03515
02/24/2022Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). EN BANC (SC)22-06009
03/21/2022RemittiturIssued Notice in Lieu of Remittitur/Rehearing. (SC)22-08727
03/21/2022Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed. (SC)