Combined Case Information: 69909
Short Caption:	NULEAF CLV DISPENSARY, LLC VS. STATE, DEP'T. OF HEALTH AND HUMAN SERV.'S	Court:	Supreme Court
		Related Case(s):	70462
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A710597	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:	03/11/2016 / Jimmerson, James	SP Status:	Completed
Oral Argument:	12/05/2017 at 10:00 AM	Oral Argument Location:	Las Vegas
Submission Date:	12/05/2017	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	Nuleaf CLV Dispensary, LLC	Todd L. Bice (Pisanelli Bice, PLLC) Dustun H. Holmes (Pisanelli Bice, PLLC)
Respondent	Acres Medical, LLC	Tami D. Cowden (Greenberg Traurig, LLP/Las Vegas) Mark E. Ferrario (Greenberg Traurig, LLP/Las Vegas) Moorea L. Katz (Greenberg Traurig, LLP/Las Vegas)
Respondent	GB Sciences, LLC	Sheldon A. Herbert (Smith & Shapiro, PLLC) James E. Shapiro (Smith & Shapiro, PLLC)
Respondent	The State of Nevada Department of Health and Human Services, Division of Public and Behavioral Health	Linda C. Anderson (Attorney General/Las Vegas) Adam Paul Laxalt (Attorney General/Carson City)

Docket Entries
Date	Type	Description	Pending?	Document
03/07/2016	Filing Fee	Filing fee due for Appeal.
03/07/2016	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day.		16-07224
03/07/2016	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days.		16-07227
03/07/2016	Filing Fee	E-Payment $250.00 from Todd L. Bice
03/07/2016	Notice/Outgoing	Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 20 days.		16-07265
03/11/2016	Settlement Notice	Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: James J. Jimmerson.		16-07841
03/29/2016	Docketing Statement	Filed Docketing Statement.		16-09720
04/07/2016	Filing Fee	Filing fee due for Cross-Appeal. (GB Sciences)
04/07/2016	Notice of Appeal Documents	Filed Notice of Cross-Appeal. (GB Sciences)		16-10982
04/07/2016	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (Cross-Appeal/GB Sciences).		16-10986
04/07/2016	Notice/Outgoing	Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.		16-10987
04/08/2016	Filing Fee	GB Sciences - Cross-Appellant Filing Fee Paid. $250.00 from Smith & Shapiro PLLC. Check No. 2371.
04/14/2016	Letter/Incoming	Filed Letter "In Response to Notice of Modification of Caption, dated April 7, 2016."		16-11772
04/20/2016	Docketing Statement	Filed GB Sciences - Cross-Appellant's Docketing Statement Civil Appeal.		16-12313
04/20/2016	Exhibit	Filed Exhibits 9-14 of GB Sciences - Cross-Appellant's Docketing Statement Civil Appeal.		16-12316
04/20/2016	Motion	Filed Motion to Remove Counsel from CM/ECF Service List and Request to Discontinue Notice and Special Notice List.		16-12365
04/25/2016	Settlement Program Report	Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation and should be removed from the settlement program.		16-12944
05/02/2016	Settlement Order/Procedural	Filed Order Regarding Caption and Reinstating Briefing. We direct the clerk of this court to modify the caption of this appeal to remove Desert Aire Wellness, LLC as a respondent to the appeal and the City of Las Vegas as a respondent to the cross-appeal. If any party objects to the modification of the caption, that party shall so notify this court, in writing, within 11 days of the date of this order. Pursuant to the recommendation of the settlement judge and good cause appearing, this appeal is removed from the settlement program. See NRAP 16. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent Nuleaf CLV Dispensary, LLC, and respondent/cross-appellant GB Sciences, LLC shall each have 15 days from the date of this order to file and serve a transcript request form. See NRAP 9(a). Further, Nuleaf CLV Dispensary shall have 90 days from the date of this order to file and serve the appendix and opening brief on appeal. Thereafter, briefing shall proceed in accordance with NRAP 28.1(c). fn1[Given this order, Desert Aire Wellness, LLC will be removed from the service list of this appeal and cross-appeal. We therefore take no action on counsel for Desert Aire's motion to be removed from the service list.]		16-13715
05/13/2016	Transcript Request	Filed Appellant/Cross-Respondent's (Nuleaf CLV Dispensary, LLC) Certificate of No Transcript Request.		16-15096
05/17/2016	Transcript Request	Filed Respondent/Cross-Appellant's Request for Transcript of Proceedings. Transcripts requested: 01/26/16. To Court Reporter: Amber Riggio.		16-15509
06/15/2016	Motion	Filed Motion to Consolidate Appeal No. 69909 and Appeal No. 70462.		16-18700
07/06/2016	Notice/Incoming	Filed NRAP 26.1 Disclosure.		16-20987
07/29/2016	Motion	Filed Stipulation To Extend Time To File Opening Brief.		16-23677
07/29/2016	Notice/Outgoing	Issued Notice - Stipulation Approved. Opening Brief and Appendix due: August 31, 2016.		16-23686
08/26/2016	Order/Procedural	Filed Order. GB Sciences, LLC, has filed a motion to consolidate the matters. We conclude that consolidation is not warranted, as these appeals arise from different district court actions, see NRAP 3(b)(2), and do not involve all of the same parties, and the motion to consolidate is therefore denied. However, these appeals shall be clustered based on any overlapping legal issues to ensure that they are resolved in a consistent and efficient manner. In Docket No. 70462, we previously entered a temporary stay, pending receipt and consideration of additional briefing regarding the motion. Having reviewed the motion for stay, the responses thereto, and the reply, we conclude that a stay is warranted, pending our further consideration of the appeal. Accordingly, we stay the district court's April 28, 2016, order in Eighth Judicial District Court Case No. A-15-728448-C to the extent that it directed that State Division of Public and Behavioral Health (the Division) to "rescind or withdraw the dispensary registration previously issued to Desert Aire," pending further order of this court. Further, pursuant to the recommendation of the settlement judge and good cause appearing, the appeal in Docket No. 70462 is removed from the settlement program. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs in that appeal. Appellant/cross-respondent Desert Aire and respondent/cross-appellant GB Sciences shall each have 15 days from the date of this order to file and serve a transcript request form. Further, Desert Aire shall have 90 days from the date of this order to file and serve the appendix and opening brief on appeal. Thereafter, briefing shall proceed in accordance with NRAP 28.1(c). fn1[We grant Desert Aire's motion to exceed the page limit for the reply in support of its stay motion. The clerk shall detach the reply attached to the motion filed on July 19, 2016, and file it separately herein.] Nos. 69909/70462.		16-26626
08/30/2016	Motion	Filed Stipulation to Extend Time to File Opening Brief.		16-26872
09/06/2016	Order/Procedural	Filed Order Granting Motion. Appellant/cross-respondent NuLeaf CLV Dispensary, LLC, shall have until September 14, 2016, to file and serve the opening brief and appendix.		16-27546
09/09/2016	Transcript Request	Filed Respondent's Request for Transcript of Proceedings. Transcripts requested: 02/23/16. To Court Reporter: Lisa Lizotte.		16-28041
09/12/2016	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 11/09/15. To Court Reporter: Amber Riggio.		16-28099
09/15/2016	Brief	Filed Appellant's Opening Brief.		16-28630
09/15/2016	Appendix	Filed Appendix to Opening Brief - Vol. 1.		16-28632
09/15/2016	Appendix	Filed Appendix to Opening Brief - Vol. 2.		16-28633
09/15/2016	Appendix	Filed Appendix to Opening Brief - Vol. 3.		16-28634
10/13/2016	Brief	Filed Respondent The State of Nevada Department of Health and Human Services, Division of Public and Behavioral Health"s Answering Brief.		16-31913
10/17/2016	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent GB Sciences, LLC Answering Brief due: October 31, 2016.		16-32268
10/18/2016	Order/Clerk's	Filed Order Granting Telephonic Extension. Respondent Acres Medical, LLC's Answering Brief due: October 31, 2016.		16-32414
11/01/2016	Brief	Filed Answering Brief of Respondent Acres Medical, LLC.		16-34077
11/01/2016	Brief	Filed Respondent / Cross-Appellant GB Sciences Nevada, LLC's Responding Brief on Appeal and Opening Brief on Cross-Appeal.		16-34078
11/01/2016	Appendix	Filed Respondent / Cross Appellant GB Sciences Nevada, LLC's Appendix - Volume 1.		16-34079
11/01/2016	Appendix	Filed Respondent / Cross Appellant GB Sciences Nevada, LLC's Appendix - Volume 2.		16-34080
11/30/2016	Motion	Filed Stipulation To Extend Time To File Reply Brief.		16-37130
12/02/2016	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent Acres Medical, LLC's Answering Brief due: December 15, 2016.		16-37295
12/05/2016	Order/Procedural	Filed Order approving Stipulation. Nuleaf CLV Dispensary, LLC, shall have until January 3, 2017, to file and serve the combined answering brief on cross-appeal and reply brief on appeal.		16-37565
12/15/2016	Motion	Filed Stipulation for Extension of Time to File Answering Brief on Cross Appeal.		16-38992
01/04/2017	Brief	Filed Appellant's Reply Brief (Nuleaf CLV Dispensary, LLC combined answering brief on cross-appeal and reply brief on appeal).		17-00215
01/18/2017	Order/Procedural	Filed Order Approving Stipulation in Part. The clerk shall file the answering brief received on December 22, 2016. Respondent/cross-appellant GB Sciences, LLC, filed its combined answering brief on appeal and opening brief on cross-appeal on November 1, 2016. Accordingly, the answering brief on cross-appeal from The State of Nevada Department of Health and Human Services, Division of Public and Behavioral Health, is overdue. The State of Nevada shall have 11 days from the date of this order to file and serve its answering brief on cross-appeal. We take no action on the stipulation to the extent it seeks an extension of time for appellant/cross-respondent Nuleaf CLV Dispensary to file and serve its combined reply brief on appeal and answering brief on cross-appeal as that brief was inadvertently filed on January 4, 2017. GB Sciences shall have 30 days from the date that the State of Nevada files its answering brief on cross-appeal to file and serve a single brief in reply to all answering briefs on cross-appeal.		17-01811
01/18/2017	Brief	Filed Answering Brief of Cross Respondent Acres Medical, LLC.		17-01813
01/19/2017	Notice/Incoming	Filed Notice of State Respondent.		17-02091
01/23/2017	Order/Procedural	Filed Order. The State of Nevada informs this court that it does not take a position with respect to the cross-appeal and submits that no further briefing appears necessary on its behalf. Accordingly, respondent/cross-appellant GB Sciences shall have 30 days from the date of this order to file and serve a single brief in reply to the answering briefs on cross-appeal.		17-02395
02/22/2017	Brief	Filed Respondent / Cross Appellant GB Sciences Nevada, LLC's Reply Brief on Cross-Appeal.		17-06178
02/22/2017	Case Status Update	Briefing Completed/To Screening.
07/27/2017	Order/Clerk's	Filed Order Re: Scheduling Oral Argument. This matter will be scheduled for oral argument on the next available calendar.		17-24964
10/25/2017	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, December 5, 2017, at 10:00 a.m. for 30 minutes in Las Vegas.		17-36673
11/29/2017	Notice/Outgoing	Issued Oral Argument Reminder Notice.		17-41068
12/05/2017	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court.
03/29/2018	Opinion/Dispositional	Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court En Banc. Author: Parraguirre, J. Majority: Parraguirre/Douglas/Cherry/Gibbons/Pickering/Hardesty/Stiglich. 134 Nev. Adv. Opn. No. 17. EN BANC		18-12048
04/17/2018	Post-Judgment Petition	Filed Cross-Respondent Acres Medical, LLC's Petition for Rehearing.		18-14605
04/17/2018	Filing Fee	Filing fee paid on rehearing. E-Payment $150.00 from Tami D. Cowden.
05/24/2018	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c).		18-19993
06/18/2018	Remittitur	Issued Remittitur.		18-23130
06/18/2018	Case Status Update	Remittitur Issued/Case Closed.
07/09/2018	Remittitur	Filed Remittitur. Received by District Court Clerk on June 21, 2018.		18-23130