Docket Entries |
Date | Type | Description | Pending? | Document |
02/13/2009 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from McDonald firm - check no. 17292. | | |
02/13/2009 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. --SEALED--Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) | | |
02/18/2009 | Motion | Filed Motion for Stay. Motion for Stay Pending Appeal Without Bond. | | 09-04175
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02/18/2009 | Appendix | Filed Appendix. Volume 1. Appendix to Motion for Stay Pending Appeal Without Bond. | | 09-04177
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02/18/2009 | Appendix | Filed Appendix. Volume 2. Appendix to Motion for Stay Pending Appeal Without Bond. | | 09-04178
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02/18/2009 | Appendix | Filed Appendix. Volume 3. Appendix to Motion for Stay Pending Appeal Without Bond. | | 09-04179
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02/18/2009 | Notice/Outgoing | Issued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days. | | 09-04262
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02/19/2009 | Other | Disqualification of Justice Saitta. Sat in district court proceedings. | | |
02/19/2009 | Notice/Outgoing | Issued Notice of Justice Disqualification. Justice Saitta sat in district court proceedings. | | 09-04346
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02/23/2009 | Docketing Statement | Filed Docketing Statement. | | 09-04703
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02/24/2009 | Motion | Filed Motion to Extend Time. Respondent Gilbert P. Hyatt's Motion for Extension of Time Within Which to Serve and File Opposition to Appellant's Motion for Stay Pending Appeal Without Bond. | | 09-04736
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02/26/2009 | Transcript Request | Filed Certificate of No Transcript Request. Certificate Pursuant to NRAP 9(a). | | 09-05063
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02/26/2009 | Order/Procedural | Filed Order Granting Motion. for an Extension of Time to File Opposition. Respondent shall file and serve his opposition by March 12, 2009. | | 09-05068
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03/11/2009 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Hutchison & Steffen, LLC--check no. 4820. | | |
03/11/2009 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. --FILED UNDER SEAL--(Docketing statement mailed to counsel for cross-appellant.) | | 09-06209
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03/12/2009 | Motion | Filed Response to Motion. Respondents Gilbert P. Hyatt's Opposition to Appellant's Motion for Stay Pending Appeal Without Bond. | | 09-06362
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03/12/2009 | Appendix | Filed Appendix. Volume 1 Hyatt's Appendix of Exhibits in Support of Respondent Gilbert P. Hyatt's Motion for Stay Pending Appeal Without Bond. | | 09-06365
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03/13/2009 | Order/Incoming | Filed District Court Order. Copy of Discovery Commissioner's Report and Recommendation filed March 18, 1999, stating, "The court file in this case is sealed. All documents filed with the Court shall be done so under seal." | | 09-06549
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03/17/2009 | Notice/Outgoing | Issued Notice to Confirm as Counsel. Issued to all counsel. Due Date: 10 days | | 09-06710
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03/18/2009 | Notice of Appeal Documents | Filed Case Appeal Statement. Amended Case Appeal Statement. | | 09-06887
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03/20/2009 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant Gilbert Hyatt. | | 09-07129
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03/20/2009 | Transcript Request | Filed Certificate of No Transcript Request. Submitted by counsel for respondent/cross-appellant. | | 09-07130
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03/20/2009 | Letter/Incoming | Filed Letter. from attorney Robert L. Eisenberg confirming as counsel of record for appellant Franchise Tax Board. | | 09-07151
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03/24/2009 | Letter/Incoming | Filed Letter. from attorney Carla B. Higginbotham of McDonald Carano Wilson confirming as counsel for Appellant/Cross-Respondent. | | 09-07408
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03/27/2009 | Motion | Filed Motion for Permission to File Document. Request for Permission to File Reply in Support of Motion for Stay Pending Appeal Without Bond. | | 09-07680
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03/27/2009 | Motion | Received Reply to Response. Reply in Support of Motion for Stay Pending Appeal Without Bond. FILED PER ORDER OF 4/8/09. | | 09-07683
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04/02/2009 | Motion | Filed Response to Motion. Objection by Respondent Gilbert P. Hyatt to Appellant's Request to File Reply in Support of Motion for Stay Pending Appeal Without Bond. | | 09-08293
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04/02/2009 | Appendix | Filed Appendix. Volume 1 Hyatt's Supplemental Appendix of Exhibits in Support of Respondent Gilbert P. Hyatt's Objection to Appellant's Request to File reply in Support of Motion for Stay Pending Appeal Without Bond. | | 09-08296
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04/03/2009 | Notice/Incoming | Filed Notice. Errata to Appellant's Request for Permission to File Reply, and to Proposed Reply, Regarding Motion for a Stay Without a Bond. | | 09-08444
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04/08/2009 | Order/Procedural | Filed Order Granting Motion. for Stay without Bond. We grant the motion for stay and direct the clerk of this court to file the reply provisionally received on March 27, 2009. | | 09-08787
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04/08/2009 | Motion | Filed Reply to Response. in Support of Motion for Stay Pending Appeal without Bond. | | 09-07683
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05/15/2009 | Filing Fee | Returned Filing Fee. Check No. 17661 returned to McDonald Carano Wilson. | | |
05/15/2009 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 09-12079
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05/18/2009 | Motion | Filed Motion. Motion for Prehearing Conference Pursuant to NRAP 33. | | 09-12287
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05/18/2009 | Motion | Filed Motion. Motion to Suspend Briefing Schedule Pending Determination of Motion for Prehearing Conference Pursuant to NRAP 33. | | 09-12288
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05/21/2009 | Motion | Filed Response to Motion. Response by Respondent Gilbert P. Hyatt to Appellant's Motion for Prehearing Confenece Pursuant ot NRAP 33. | | 09-12636
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05/28/2009 | Letter/Incoming | Filed Letter. from Peter C. Bernhard confirming as counsel for Respondent/Cross-Appellant. (Filed via fax). | | 09-13340
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06/02/2009 | Order/Procedural | Filed Order Denying Motion. Requesting an NRAP 33 Prehearing Conference. Fn1 [In light of our resolution, we deny as moot appellant/cross-respondent's motion to suspend briefing pending resolution of the motion for a prehearing conference.] | | 09-13659
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06/08/2009 | Motion | Filed Motion and Order Extending Time. (Appellant/Cross-Respondent). Brief due: July 20, 2009. | | 09-14286
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06/26/2009 | Notice/Incoming | Filed Notice of Change of Address. Notice of Change of Firm and Address (Peter C. Bernhard). | | 09-15842
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06/30/2009 | Notice/Incoming | Filed Notice of Change of Address. Notice of Change of Firm Address (Donald J. Kula of Perkins Coie). | | 09-16164
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07/20/2009 | Motion | Filed Motion for Excess Pages. Motion for Permission to File an Opening Brief in Excess of Thirty Pages. (118 pages). | | 09-17722
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07/20/2009 | Brief | Filed Amicus Brief. Amicus Curiae Brief of the State of Utah. (Joined in by the States of Arkansas, Colorado, Delaware, Florida, Idaho, Maine, Maryland, Missouri, Ohio, Oklahoma, North Dakota, Tennessee, Vermont, Virginia and Washington). | | 09-17734
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07/20/2009 | Notice/Incoming | Filed Notice. Notice of Concurrence. | | 09-17739
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07/20/2009 | Motion | Filed Motion. Filed Motion to Allow Association of Counsel for Purpose of Permitting Filing of Brief by States as Amici Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Clark Len Snelson, Esq.) | | 09-17747
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07/20/2009 | Motion | Filed Motion. Filed Motion to Allow Association of Counsel for Purpose of Permitting Filing of Brief by Multistate Tax Commission as Amici Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Bruce J. Fort, Esq.) | | 09-17750
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07/20/2009 | Motion | Filed Motion. Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Multistate Tax Commission) | | 09-17753
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07/22/2009 | Motion | Filed Motion. Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Multistate Tax Commission (MTC)) | | 09-17943
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07/22/2009 | Motion | Filed Motion. (STRICKEN PER ORDER 08/07/09). Motion to Strike Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. | | 09-17947
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07/29/2009 | Motion | Filed Motion. Respondent Gilbert P. Hyatt's: (1) Opposition to Motion by Multistate Tax Commission for Leave to File Amicus Curiae Brief; (2) Motion to Strike Amicus Curiae Brief of the State of Utah; (3) Motion to Strike Notice of Concurrence. | | 09-18503
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07/31/2009 | Notice/Incoming | Filed Joinder. Joinder to Amicus Curiae Brief of the State of Utah. (States of Louisiana and New Jersey). | | 09-18734
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08/06/2009 | Motion | Filed Response to Motion. Response to Hyatt's Motion to Strike Amicus Curiae Brief and Notice of Concurrence. | | 09-19209
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08/06/2009 | Motion | Filed Motion. Motion to Extend Time and Permit Expanded Briefing for Respondent's Answering Brief. (Respondent/Cross-Appellant) | | 09-19221
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08/06/2009 | Motion | Filed Response to Motion. Opposition to Respondent Gilbert P. Hyatt's (1) Opposition to Motion by Multistate Tax Commission for Leave to File Amicus Curiae Brief; (2) Motion to Strike Amicus Curiae Brief of the State of Utah; (3) Motion to Strike Notice of Concurrence. | | 09-19246
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08/06/2009 | Motion | Filed Response to Motion. Opposition to Respondent Gilbert P. Hyatt's Motion to Strike Amicus Curiae of the State of Utah and Motion to Strike Notice of Concurrence. | | 09-19247
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08/07/2009 | Order/Procedural | Filed Order. Resolving Motions. We direct the clerk of this court to file the opening brief and appendices received on July 20, 2009. Two motions for association of counsel for purposes of filing amicus curiae briefs have been filed by the Solicitor General for the State of Nevada, one for association of Clark Len Snelson, Esq., for filing an amicus curiae brief on behalf of the state of Utah and 15 other states, and one for association of Bruce J. Fort, Esq., for filing an amicus curiae brief on behalf of the Multistate Tax Commission. Having reviewed the motions, we grant both. The Nevada Solicitor General also filed a motion on behalf of the Multistate Tax Commission requesting leave to file an amicus curiae brief. Then, the Nevada Solicitor General filed a motion to strike the previous motion because the Multistate Tax Commission filed its own motion requesting leave to file an amicus curiae brief. We grant the motion to strike the motion to file an amicus curiae brief filed by the Nevada Solicitor General. We grant the motion by the Multistate Tax Commission to file an amicus curiae brief and deny Hyatt's motions to strike. We direct the clerk of this court to file the amicus curiae brief of the Multistate Tax Commission that was provisionally received on July 22, 2009. | | 09-19313
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08/07/2009 | Brief | Filed Opening Brief. Appellant/Cross-Respondent. | | 09-17730
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08/07/2009 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 93. | | 09-17732
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08/07/2009 | Brief | Filed Amicus Brief. Brief of Amicus Curiae Multistate Tax Commission in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. | | 09-17945
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08/10/2009 | Motion | Filed Response to Motion. Notice of Non-Opposition. | | 09-19437
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08/17/2009 | Motion | Filed Response to Motion. Amicus Curiae Multistate Tax Commission's Notice of Non-Opposition. | | 09-19932
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08/21/2009 | Order/Procedural | Filed Order. Granting in Part Requests for Extension of Time and to File Brief with Excess Pages. Respondent/Cross-Appellant shall have 90 days from the date of our August 7, 2009, order, which directed the filing of appellant/cross-respondent's openng brief.Respondent/Cross-Appellant may file a brief with excess pages, however, he is limited to 20 pages longer then appellant/cross-respondent's opening brief. | | 09-20456
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08/21/2009 | Notice/Incoming | Filed Notice. Notice of Change of Firm Name (Kaempfer Crowell Renshaw Gronauer & Fiorentino). | | 09-20467
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09/14/2009 | Letter/Incoming | Filed Letter. - copy of letter from attorney Pat Lundval to opposing counsel providing corrections to the opening brief. | | 09-22290
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09/29/2009 | Motion | Filed Motion for Permission to File Document. Motion for Leave to File a Supplemental Appendix. (Appellant/Cross-Respondent) (DETACHED AND FILED SUPPLEMENTAL APPENDIX PER ORDER 10/06/09). | | 09-23725
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09/29/2009 | Notice/Incoming | Filed Errata. To Appellant/Cross-Respondent's Opening Brief. | | 09-23726
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09/30/2009 | Motion | Filed Response to Motion. Notice of Non-Opposition | | 09-23849
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10/06/2009 | Order/Procedural | Filed Order. Granting Motion to File Supplemental Appendix. We grant appellant/cross-respondent Franchise Tax Board of the State of California's motion to file a supplemental appendix. We direct the clerk of this court to detach and file the supplemental appendix attached to the motion. | | 09-24429
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10/06/2009 | Appendix | Filed Appendix. Supplemental Appellant's Appendix. | | 09-24437
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10/14/2009 | Motion | Filed Motion to Extend Time. Respondent/Cross-Appellant. | | 09-25108
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10/19/2009 | Motion | Filed Response to Motion. Limited opposition to Hyatt's motion for an extension of time for respondent's answering brief. | | 09-25506
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10/22/2009 | Motion | Filed Motion for Permission to File Document. Motion for Leave to File Limited Reply in Support of Motion to Extend Time for Respondent's Answering Brief. PER ORDER OF 10/06/09 DETACHED AND FILED REPLY. | | 09-25904
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11/06/2009 | Order/Procedural | Filed Order Granting Motion. for extension of time. Combined answering brief and opening brief due: 12/21/09. Fn1 [We grant Respondent/cross-appellant's motion to file a reply to the opposition to this motion. We direct the clerk of this court to detach and file the reply attached to the motion.] | | 09-27138
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11/06/2009 | Motion | Filed Reply to Response. Limited Reply in Support of Motion to Extend Time for Respondent's Answering Brief. | | 09-27148
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11/23/2009 | Notice/Incoming | Filed Notice of Change of Address. Kaempfer Crowell Renshaw Gronauer & Fiorentino. | | 09-28559
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12/04/2009 | Notice/Incoming | Filed Notice. Notice of Related Case and Request for Notification to the Panel in Xtreme Faith Academy v. Landry, Case No. 52044 of This Matter. | | 09-29363
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12/14/2009 | Notice/Incoming | Filed Notice. Hyatt's Response to FTB's Notice of Related Case and Request for Notification to Panel in Xtreme Faith Academy v. Landry, Case No. 52044 of this Matter. | | 09-30190
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12/21/2009 | Appendix | Filed Appendix to Answering Brief. Volumes 1-101. (Responsent/Cross-Appellant) | | 09-30822
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12/21/2009 | Notice/Incoming | Filed Proof of Service. -Respondent's Appendix. | | 09-30851
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12/21/2009 | Motion | Filed Motion to Extend Time. (15) days. | | 09-30869
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12/22/2009 | Motion | Filed Response to Motion. Opposition to Hyatt's Third Motion for an Extension of Time to File Respondent's Answering Brief | | 09-31043
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12/28/2009 | Order/Procedural | Filed Order. Granting Motion for Extension of Time. Respondent/cross-appellant Gilbert P. Hyatt's combined answering brief and opening brief due: January 5, 2010. We will not consider another extension of time for Hyatt to file his brief. If Hyatt fails to file his brief in this court by January 5, the case shall stand submitted without his brief. | | 09-31289
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01/05/2010 | Motion | Filed Motion for Excess Pages. Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief. (Respondent/Cross-Appellant) | | 10-00251
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01/06/2010 | Notice/Incoming | Filed Notice. Submission of Responsent's Appendix in Electronic Format (CD). (Respondent/Cross-Appellant) | | 10-00273
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01/07/2010 | Motion | Filed Response to Motion. Opposition to Motion to Permit Expanded Briefing for Respondent's Brief | | 10-00532
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01/11/2010 | Motion | Filed Motion for Permission to File Document. Motion for leave to File Reply in Support of Motion to Permit Expanded Briefing For Respondent's Answering Brief And Opening Cross Appeal Brief. (DETACHED AND FILED SEPARATELY PER ORDER 01/26/10 Reply in Support of Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief). | | 10-00734
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01/26/2010 | Order/Procedural | Filed Order. Granting Motion to File Brief with Excess Pages. We direct the clerk ot this court to file the Hyatt's proposed brief received on January 6, 2010. fn1We grant Hyatt's motion for permission to file a reply to the opposition to the motion for permission to file a brief with excess pages. We direct the clerk of this court to detach and file the proposed reply attached to Hyatt's motion.] | | 10-02103
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01/26/2010 | Brief | Filed Answering Brief. Respondent/Cross-Appellant. | | 10-00270
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01/26/2010 | Motion | Filed Reply to Response. Reply in Support of Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief. | | 10-02116
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01/27/2010 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Second Supplemental and/or Amended Notice of Appeal. | | 10-02266
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02/01/2010 | Motion | Filed Motion to Extend Time. Appellant/Cross-Respondent FTB's Motion to Extend Time to File Appellant's Reply Brief. | | 10-02696
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02/04/2010 | Motion | Filed Response to Motion. Notice of Non-Opposition to FTB's Motion to Extend Time to File Appellant's Reply Brief. (Respondent/Cross-Appellant) | | 10-03171
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02/19/2010 | Order/Procedural | Filed Order. Granting Motion for Extension of Time. Appellant/Cross-Respondent: Combined Reply Brief and Answering Brief on Cross-Appeal due on or before April 30, 2010. | | 10-04588
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03/12/2010 | Order/Procedural | Filed Order. Regarding Second Supplement to Notice of Appeal. Supplemental Opening Brief due: 75 days. Supplemental Answering Brief due: 30 days from service of Supp. OB, and Supplemental Reply Brief due: 30 days from service of Supp. AB. | | 10-06609
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04/08/2010 | Motion | Filed Motion to Extend Time. Franchise Tax Board's Second Motion to Extend Time for Reply Brief on Appeal and Answering Bried on Cross-Appeal. | | 10-09144
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04/09/2010 | Motion | Filed Response to Motion. Notice of Non-Opposition to FTB's Second Motion to Extend Time for Reply Brief on Appeal and Answering Brief on Cross-Appeal. | | 10-09324
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04/16/2010 | Order/Procedural | Filed Order Granting Motion. for extention of time. Franchise Tax Board combined brief due May 31, 2010. | | 10-09949
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05/06/2010 | Motion | Filed Motion to Extend Time. FTB's Motion to Extend Time to File Appellant's Supplemental Opening Brief Regarding Award of Costs. (14) days. | | 10-11773
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05/07/2010 | Motion | Filed Response to Motion. Notice of Non-Opposition to FTB's Motion to Extend Time to File Appellant's Supplemetnal Opening Brief Regarding Award of Costs. | | 10-11899
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05/21/2010 | Order/Procedural | Filed Order. Granting Extension of Time. Appellant/cross-respondent's Supplemental Opening Brief due: June 8, 2010. The supplemental briefing shall then proceed as outlined in our March 12, 2010, order. | | 10-13279
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06/01/2010 | Motion | Filed Motion for Excess Pages. Motion for Permission to File Reply Brief in Excess of 30 Pages. | | 10-14030
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06/01/2010 | Appendix | Filed Appendix to Reply Brief. Vols. 1 through 48. CD-ROM included. (Appellant/Cross-Respondent). | | 10-14032
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06/08/2010 | Brief | Filed Supplemental Brief. Appellant's Supplemental Opening Brief Regarding Costs. (Appellant/Cross-Respondent) | | 10-14617
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06/08/2010 | Appendix | Filed Appendix. Appellant's Supplemental Opening Brief Regarding Costs Appendix Vols 1-26. (Appellant/Cross-Respondent) | | 10-14619
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06/11/2010 | Order/Procedural | Filed Order. Granting Motion. We direct the clerk of this court to file the combined reply brief received on June 1, 2010. | | 10-15139
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06/11/2010 | Brief | Filed Reply Brief. Appellant/Cross-Respondent. | | 10-14031
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06/28/2010 | Motion | Filed Motion to Extend Time. Motion to Extend Time for Respondent's Answering Brief Regarding Costs. (67) days. (Respondent/Cross-Appellant) | | 10-16851
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06/28/2010 | Motion | Filed Motion to Extend Time. Motion to Extend Time for Respondent's Reply Brief in Cross-Appeal. (75) days. (Respondent/Cross-Appellant) | | 10-16852
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07/19/2010 | Order/Procedural | Filed Order. Granting in Part Motions for Extensions of Time. Hyatt's Reply Brief due: August 16, 2010. Hyatt's Supplemental Answering Brief due: September 13, 2010. | | 10-18312
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08/11/2010 | Notice/Incoming | Filed Notice. Notice of Submission of FTB's Embedded Appeal Briefs. | | 10-20725
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08/13/2010 | Motion | Filed Motion. Motion for Leave to file Sur-reply of 30 pages in Partial Response to the FTB's 145 page Reply Brief. (DETACHED AND RETURNED UNFILED REPSONDENT'S SUR-REPLY PER ORDER 10/04/10). | | 10-21058
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08/13/2010 | Brief | Filed Reply Brief on Cross-Appeal. Respondent's Reply Cross-Appeal Brief. | | 10-21059
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08/16/2010 | Appendix | Filed Appendix to Reply Brief. Appendix of Exhibits for Respondent's Proposed Sur-Reply. Vols. 1 through 3. (STRICKEN PER ORDER 10/04/10). | | |
08/24/2010 | Motion | Filed Response to Motion FTB's Opposition to Hyatt's Motion for Leave to File Sur-Reply | | 10-21659
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09/13/2010 | Brief | Filed Supplemental Brief-Respondent's Supplemental Answering Brief Regarding Costs. | | 10-23579
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09/14/2010 | Appendix | Filed Appendix of Exhibits for Respondent's Supplemental Answering Brief Regarding Costs. | | 10-23581
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09/14/2010 | Notice/Incoming | Filed Certificate of Service of Appendix in Support of Respondent's Supplemental Answering Brief Regarding Costs. | | 10-23582
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10/04/2010 | Order/Procedural | Filed Order Denying Motion to File Sur-Reply. We deny the motion for leave to file a sur-reply and direct the clerk of this court to return, unfiled, the proposed sur-reply submitted by Hyatt on August 13, 2010, and to strike the appendix to the sur-reply filed on August 16, 2010. | | 10-25521
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10/12/2010 | Brief | Filed Appellant's Supplemental Reply Brief Regarding Costs. | | 10-26724
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12/09/2010 | Notice/Incoming | Filed Notice of Submission of FTB's Embedded Supplemental Briefs Regarding Costs. | | 10-32154
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01/20/2011 | Notice/Incoming | Filed FTB's Notice of Submission of Respondent's Embedded Briefs. | | 11-02055
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01/21/2011 | Notice/Incoming | Filed Hyatt's Notice of Intent to Submit Embedded (i) Respondent's Answering and Opening Cross Appeal Brief; (ii) Respondent's Reply Cross-Appeal Brief; and (iii) Respondent's Supplemental Answering Brief Regarding Costs. | | 11-02177
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02/04/2011 | Notice/Incoming | Filed Notice of Submission of Hyatt's Embedded (i) Answering Brief and Opening Cross Appeal Brief: (ii) Reply Brief on Cross Appeal; and (iii) Answering Brief on Cost Appeal. | | 11-03559
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02/24/2012 | Order/Procedural | Filed Order Setting Oral Argument. We direct the clerk of this court to schedule oral argument on the next available calendar before the full court. Argument shall be one hour. | | 12-05946
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02/27/2012 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, April, 3, 2012, @ 10:00 a.m.. Argument shall be limited 60 minutes. | | 12-06127
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03/05/2012 | Motion | Filed Motion to Postpone Oral Argument for 30 Days. | | 12-06887
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03/06/2012 | Motion | Filed Opposition to Motion to Postpone Oral Argument. | | 12-07091
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03/06/2012 | Motion | Filed Reply in Support of Motion to Postpone Oral Argument for 30 Days. | | 12-07226
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03/07/2012 | Order/Clerk's | Filed Order Granting Motion. Oral argument presently scheduled for April 3, 2012, at 10:00 a.m., is hereby vacated. The clerk of this court is directed to schedule this appeal for oral argument before the en banc court on May 7, 2012. Argument shall be limited to 60 minutes | | 12-07339
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04/02/2012 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral argument is scheduled for Monday, May 7, 2012, at 1:30 p.m. in Carson City. Argument shall be limited to one hour. | | 12-10235
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04/13/2012 | Brief | Filed Appellant's Supplemental Authorities (Oral Argument: May 7, 2012). | | 12-11889
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04/17/2012 | Notice/Incoming | Filed Notice of Appearance (Daniel Polsenberg of Lewis and Roca appearing on behalf of respondent/cross-appellant Gilbert P. Hyatt. | | 12-12204
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04/23/2012 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 12-12897
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04/26/2012 | Brief | Filed Respondent's Supplemental Authorities and Response to Appellant's Supplemental Authorities. | | 12-13229
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05/07/2012 | Case Status Update | Oral argument held this day. Case submitted for decision before the En Banc Court. | | |
05/11/2012 | Order/Procedural | Filed Order Scheduling Additional Oral Argument. The clerk of this court shall schedule this matter for oral argument on Monday, June 18, 2012, at 10:00 a.m., at the courtroom in Carson City. Argument shall be limited to 60 minutes. | | 12-15172
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05/14/2012 | Notice/Outgoing | Issued Notice Scheduling Additional Oral Argument. Oral argument is scheduled for Monday, June 18, 2012, at 10: a.m. in Carson City. Argument shall be limited to 60 minutes. | | 12-15226
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05/21/2012 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 12-15960
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06/18/2012 | Case Status Update | Oral argument held this day. Case submitted for decision before the En Banc Court. | | |
06/22/2012 | Notice/Incoming | Filed Appellant's Supplement Provided at the Request of the Court. | | 12-19658
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06/26/2012 | Notice/Incoming | Filed Respondent's/Cross-Appellant's Supplement Provided at the Request of the Court. | | 12-19965
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06/27/2012 | Motion | Filed Appellant's Motion for Permission to Reply to Respondent's Supplement. | | 12-20186
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06/27/2012 | Motion | Filed Respondent's Opposition to Appellant's Motion for Permission to Reply to Respondent's Supplement (Oral Argument: June 18, 2012) | | 12-20260
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06/28/2012 | Motion | Filed FTB's Reply in Support of Motion for Permission to Reply to Respondent's Supplement. | | 12-20417
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07/16/2012 | Order/Procedural | Filed Order Denying Motion for Leave to File Reply. Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] | | 12-22276
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07/01/2014 | Motion | Filed Motion to Allow Withdrawal of Counsel for Amicus Curiae Multistate Tax Commission. | | 14-21407
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07/17/2014 | Order/Procedural | Filed Order Granting Motion to Withdraw as Counsel. The clerk of this court shall remove Bruce J. Fort as counsel of record for amicus curiae Multistate Tax Commisison in this appeal. | | 14-23249
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09/18/2014 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Gibbons/Pickering/Parraguirre/Douglas/Cherry. 130 Nev. Adv. Opn. No. 71. EN BANC | | 14-30944
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10/06/2014 | Motion | Filed Motion for Permission to File Petition for Rehearing in Excess of Word Limit. | | 14-33049
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10/07/2014 | Post-Judgment Petition | Filed Respondent/Cross-Appellant Gilbert P. Hyatt's Petition for Rehearing. | | 14-33200
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10/07/2014 | Filing Fee | Filing fee paid. E-Payment $150.00 from Peter C. Bernhard | | |
10/07/2014 | Order/Procedural | Filed Order Granting Motion for Leave to File Oversized Rehearing Petition and Directing Answers. The clerk of this court is directed to file Franchise Tax Board's rehearing petition which was provisionally received on October 6, 2014. FTB's answer to Gilbert P. Hyatt's petition for rehearing due: 15 days. Mr. Hyatt's answer to FTB's petition for rehearing due: 15 days. | | 14-33271
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10/07/2014 | Post-Judgment Petition | Filed Petition for Rehearing - Appellant/Cross-Respondent's Petition for Rehearing | | 14-33272
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10/07/2014 | Filing Fee | Filing fee paid. E-Payment $150.00 from Robert L. Eisenberg | | |
10/21/2014 | Post-Judgment Petition | Filed Appellant/Cross-Respondent Franchise Tax Board's Answer to Respondent's Petition for Rehearing. | | 14-35087
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10/22/2014 | Motion | Filed Respondent Gilbert P. Hyatt's Motion for Permission to File Answer in Excess of Word Limit. | | 14-35256
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10/23/2014 | Order/Procedural | Filed Order Granting Motion. The clerk of this court shall file respondent/cross-appellant's answer to the petition for rehearing received on October 22, 2014. | | 14-35357
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10/23/2014 | Post-Judgment Petition | Filed Respondent Gilbert P. Hyatt's Answer to Appellant Franchise Tax Board of the State of California's Petition for Rehearing. | | 14-35358
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11/25/2014 | Post-Judgment Order | Filed Order Denying Petitions for Rehearing. "We deny both petitions.." NRAP 40(c).Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] | | 14-38932
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12/15/2014 | Motion | Filed Motion to Stay Remittitur Pending Application to U.S. Supreme Court for a Writ of Certiorari, or to Enlarge Time for Issuance of Remittitur. | | 14-40739
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12/23/2014 | Notice/Outgoing | Issued Letter dated December 17, 2014 to Publishers with corrections to recently filed opinions. Nos. 59976/60091/60622/59630/56591/(60598/61038)/61655/61681/61082/62890/59210/62768/62944/62160/63871/(58530/59162)/61820/63444/53264/60050/63078. (Letter entered in 59976 as document no. 14-41986) | | |
01/02/2015 | Order/Procedural | Filed Order Staying Remittitur. We hereby stay issuance of the remittitur until April 22, 2015. If the clerk of this court receives written notice by April 22, 2015, from the clerk of the United States Supreme Court that appellant/cross-respondent has fied a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by April 22, 2015, the remittitur shall issue on April 23, 2015. | | 15-00017
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01/21/2015 | Notice/Incoming | Filed Notice from the U. S. Supreme Court extending the time within which to file a petition for writ of certiorari to March 23, 2015. | | 15-02203
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03/31/2015 | Notice/Incoming | Filed Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed 3/25/15 and placed on the docket as Case No. 14-1175. | | 15-09679
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07/07/2015 | Notice/Incoming | Filed Notice from US Supreme Court. The Petition for Writ of Certiorari is Granted Limited to Question 2 and 3 Presented by the Petition. | | 15-20652
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09/24/2015 | Notice/Incoming | Filed Notice of Change of Address. (Kaempfer Crowell) | | 15-28936
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04/25/2016 | Notice/Incoming | Filed Notice from the Supreme Court of the Untied States, Office of the Clerk regarding an opinion that was announced. | | 16-12978
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05/23/2016 | Motion | Filed Appellant's Motion for Permission to File Motion in Excess of 10 Pages (Appellant's Motion for Supplemental Briefing Following Mandate from the Supreme Court of the United States). | | 16-16068
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05/24/2016 | Order/Incoming | Filed Mandate and Judgment from Supreme Court of the United States. | | 16-16184
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06/01/2016 | Motion | Filed Respondent Gilbert P. Hyatt's Response to Appellant's Motion for Permission to File Motion in Excess of 10 Pages. | | 16-17074
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06/06/2016 | Motion | Filed Appellant's Reply in Support of Motion for Permission to File Motion in Excess of 10 Pages. | | 16-17504
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06/24/2016 | Order/Procedural | Filed Order Directing Supplemental Briefing. Appellant/cross-respondent Franchise Tax Board has filed a motion requesting leave to file a motion for supplemental briefing with excess pages. We grant the motion and direct the clerk of this court to file the proposed motion for supplemental briefing received in this court on May 23, 2016. Franchise Tax Board shall have 30 days from the date of this order to file and serve an opening supplemental brief. Gilbert Hyatt shall have 30 days from service of the supplemental opening brief to file and serve a supplemental answering brief. Franchise Tax Board shall then have 15 days following service of the supplemental answering brief to file and serve any supplemental reply brief. | | 16-19810
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06/24/2016 | Motion | Filed Appellant's Motion for Supplemental Briefing Following Mandate from the Supreme Court of the United States. | | 16-19812
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06/28/2016 | Motion | Filed Appellant's Unopposed Motion to Extend Briefing Deadlines Regarding Supplemental Briefs. | | 16-20281
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06/29/2016 | Motion | Filed Notice of Non-Opposition. | | 16-20371
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07/12/2016 | Order/Procedural | Filed Order Granting Motion. Appellant/cross-respondent shall have until August 24, 2016, to file and serve the supplemental opening brief. Respondent/cross-appellant shall have 30 days from service of the supplemental opening brief to file and serve the supplemental answering brief. Appellant/cross-respondent shall then have 15 days from service of the supplemental answering brief to file and serve a supplemental reply brief, if deemed necessary. | | 16-21608
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08/22/2016 | Brief | Filed Appellant's Supplemental Opening Brief Following Mandate From the Supreme Court of the United States. | | 16-25990
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08/25/2016 | Motion | Filed Respondent's Motion for an Extension of Time to File Supplemental Answering Brief (First Request). | | 16-26536
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08/29/2016 | Order/Procedural | Filed Order Granting Motion. Respondent/Cross-Appellant shall have until October 21, 2016, to file and serve the supplemental answering brief. Appellant/cross-respondent shall have 15 days from service of the supplemental answering brief to file and serve a supplemental reply brief, if deemed necessary. | | 16-26867
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10/24/2016 | Appendix | Filed Respondent/Cross-Appellant Gilbert P. Hyatt's Supplemental Appendix, Vol. 1. | | 16-33134
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10/24/2016 | Appendix | Filed Respondent/Cross-Appellant Gilbert P. Hyatt's Supplemental Appendix, Vol. 2. | | 16-33135
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10/25/2016 | Brief | Filed Respondent/Cross-Appellant's Gilbert P. Hyatt's Supplemental Answering Brief Following Mandate From the Supreme Court of the United States. | | 16-33305
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11/01/2016 | Motion | Filed Appellant/Cross-Respondent's Motion for an Extension of Time to File Supplemental Reply Brief. | | 16-33948
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11/07/2016 | Order/Procedural | Filed Order Granting Motion. Appellant/Cross-Respondent's Supplemental Reply Brief due: December 2, 2016. | | 16-34744
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12/05/2016 | Brief | Filed Appellant's Supplemental Reply Brief Following Mandate From the Supreme Court of the United States. | | 16-37452
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12/05/2016 | Appendix | Filed Appendix to Reply Brief Appellant's Supplemental Appendix in Support of Supplemental Briefs Following Mandate From the Supreme Court of the United States | | 16-37458
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12/05/2016 | Notice/Incoming | Filed Appellant's Request for Judicial Notice. | | 16-37459
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12/13/2016 | Motion | Filed Respondent/Cross-Appellant's Gilbert P. Hyatt's Response to Appellant Franchise Tax Board of California's Request for Judicial Notice. | | 16-38551
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12/20/2016 | Motion | Filed Appellant/Cross-Respondent's Reply in Support of Appellant's Request for Judicial Notice. | | 16-39478
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01/12/2017 | Order/Procedural | Filed Order Granting Motion. Appellant/cross-respondent Franchise Tax Board of the State of California has filed a request that this court take judicial notice of certain publicly available documents from the ongoing companion case to this appeal in respondent/cross-appellant Gilbert Hyatt's administrative appeal against the FTB. Hyatt disputes the FTB's characterization of the import of the documents but supports the request for judicial notice. Although this court will not generally take judicial notice of records in another and different case, an exception exists where there is a "close relationship" between the cases. Cause appearing, the motion is granted. | | 17-01197
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03/23/2017 | Order/Clerk's | Filed Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar. | | 17-09631
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03/28/2017 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, May 2, 2017, at 10:30 a.m. for 30 minutes in Carson City. | | 17-10210
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04/07/2017 | Motion | Filed Respondent's Motion for Guidance Regarding Subjects to be Discussed at Oral Argument. | | 17-11601
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04/10/2017 | Order/Procedural | Filed Order. Respondent/cross-appellant has filed a motion for guidance regarding subjects to be discussed at oral argument. Having considered the motion, we provide guidance as follows. The parties should be prepared to discuss the scope of the review of this court's decision in Franchise Tax Bd. of Cal. v. Hyatt, 130 Nev., Adv. Op. 71, 335 P.3d 125 (2014), that this court must undertake based on the Supreme Court of the United States' subsequent decision in Franchise Tax Bd. of Cal. v. Hyatt, 578 U.S. ___, 136 S. Ct. 1277 (2016). Furthermore, the parties should be prepared to discuss the applicability of the damages cap in NRS 41.035(1) to respondent/cross-appellant's intentional tort claims. | | 17-11712
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04/10/2017 | Brief | Filed Appellant's Notice of Supplemental Authorities Following Mandate from the Supreme Court of the United States. | | 17-11764
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04/17/2017 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 17-12512
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04/19/2017 | Notice/Incoming | Filed Appellant's Second Request for Judicial Notice. | | 17-12922
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04/25/2017 | Motion | Filed Respondent Gilbert P. Hyatt's Response to Appellant Franchise Tax Board of California's Second Request for Judicial Notice. | | 17-13712
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04/28/2017 | Motion | Filed Appellant's Reply in Support of Second Request for Judicial Notice. | | 17-14196
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05/02/2017 | Case Status Update | Oral argument held this day. Case submitted for decision. Before the En Banc Court. | | |
09/14/2017 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Cherry/Douglas/Gibbons/Pickering/Parraguirre/Stiglich. 133 Nev. Adv. Opn. No. 57. EN BANC (OPINION WITHDRAWN PER ORDER FILED 12/26/17.) | | 17-31054
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10/02/2017 | Post-Judgment Petition | Filed Appellant/Cross-Respondent's Petition for Rehearing. | | 17-33343
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10/02/2017 | Filing Fee | Filing fee paid. E-Payment $150.00 from Debbie A. Leonard | | |
10/30/2017 | Order/Procedural | Filed Order Directing Answer to Petition for Rehearing. Respondent's Answer due: 15 days. | | 17-37053
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11/14/2017 | Post-Judgment Petition | Filed Respondent/Cross-Appellant Gilbert P. Hyatt's Answer to Appellant's Petition for Rehearing. | | 17-39178
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12/26/2017 | Post-Judgment Order | Filed Order Granting Petition for Rehearing. The petition for rehearing is granted and we withdraw our opinion that appears at 133 Nev., Adv. Op. 57 (Sept. 14, 2017). This matter shall stand submitted on the briefs and record previously fIled. | | 17-44419
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12/26/2017 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Cherry/Douglas/Gibbons/Pickering/Parraguirre/Stiglich. 133 Nev. Adv. Opn. No. 102. EN BANC | | 17-44422
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01/17/2018 | Motion | Filed Appellant's Motion to Stay Remittitur Pending Application for Writ of Certiorari to U.S. Supreme Court. | | 18-02245
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02/01/2018 | Order/Procedural | Filed Order to Stay Issuance of Remittitur. We hereby stay issuance of the remittitur until May 22, 2018. If the clerk of this court receives written notice by May 22, 2018, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by May 22, 2018, the remittitur shall issue forthwith. | | 18-04365
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03/19/2018 | Notice/Incoming | Filed Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed March 12, 2018 and placed on the docket as Case No. 17-1299. | | 18-10684
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07/05/2018 | Notice/Incoming | Filed Notice from the US Supreme Court. The Petition for a Writ of Certiorari is Granted. | | 18-25444
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05/17/2019 | Notice/Incoming | Filed Notice from the Supreme Court of the United States, Office of the Clerk regarding an opinion that was announced. (SC). | | 19-21708
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06/03/2019 | Notice/Incoming | Filed Notice of Disassociation of Counsel - Attorney Debbie Leonard is no longer associated with the law firm of McDonald Carano LLP and is no longer counsel of record for Appellant/Cross-Respondent Franchise Tax Board of the State of California. (SC) | | 19-24024
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07/08/2019 | Notice/Incoming | Filed Appellant/Cross-Respondent's Notice Regarding Decision, Mandate and Judgment of the Supreme Court of the United States. (SC) | | 19-28970
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08/05/2019 | Order/Dispositional | Filed Order of Remand. "ORDER this matter REMANDED to the district court for proceedings consistent with this order." En Banc. (SC). | | 19-32774
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08/05/2019 | Remittitur | Issued Remittitur. (SC). | | 19-32778
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08/05/2019 | Case Status Update | Remittitur Issued/Case Closed. (SC). | | |
08/26/2019 | Remittitur | Filed Remittitur. Received by District Court Clerk on August 8, 2019. (SC) | | 19-32778
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