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Combined Case Information: 70157
Short Caption:STATE ENGINEER VS. EUREKA CTY.Court:Supreme Court
Related Case(s):61324, 63258, 71090
Lower Court Case(s):Eureka Co. - Seventh Judicial District - CV1108155, CV1108156, CV1108157, CV1112164, CV1112165, CV1202170Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:Exempt
Oral Argument:05/01/2017 at 1:30 PMOral Argument Location:Carson City
Submission Date:05/01/2017How Submitted:After Oral Argument
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/14/2016Filing FeeAppeal Filing fee waived. State/County/Municipality.
04/14/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)16-11776
04/14/2016Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed.16-11828
04/15/2016Settlement NoticeIssued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellant(s) 15 days transcript request form; 120 days opening brief:16-11891
04/18/2016Filing FeeFiling fee due for Appeal. (Kobeh Valley Ranch).
04/18/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Kobeh Valley Ranch).16-12013
04/18/2016Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days.16-12016
04/18/2016Filing FeeE-Payment $250.00 from Paul G. Taggart.
05/05/2016Docketing StatementFiled Docketing Statement Civil Appeals. (Kobeh Valley Ranch, LLC)16-14075
05/06/2016MotionFiled Motion for Extension of Time to File Docketing Statement. (DETACHED DOCKETING STATEMENT FROM MOTION AND FILED PER 5/11/16 ORDER.)16-14180
05/11/2016Notice/IncomingFiled Notice of Association of Counsel, Francis M. Wikstrom (Pro Hac Vice), and Gregory H. Morrison of the law firm Parsons Behle & Latimer, for the appellant Kobeh Valley Ranch, LLC.16-14696
05/11/2016Order/ProceduralFiled Order Granting Motion And Directing Compliance with NRAP 9(a). The clerk shall detach the docketing statement from the motion filed on May 6, 2016, and file it separately. On April 15, 2016, the clerk of this court issued a notice directing appellants to comply with NRAP 9(a) by May 2, 2016. To date, appellants have not complied. Transcript request form or certificate that no transcripts will be requested due: 11 days.16-14793
05/11/2016Docketing StatementFiled Docketing Statement Civil Appeals. (Nevada State Engineer, Office of the State Engineer, et al.)16-14795
05/11/2016Transcript RequestFiled State Engineer and State, Dep't of Conservation's Certificate of No Transcript Request.16-14883
05/17/2016Transcript RequestFiled Certificate of No Transcript Request.16-15323
05/17/2016MotionFiled Motion for Leave to Amend Docketing Statement. (DETACHED DOCKETING STATEMENT AND FILED PER 05/24/16 ORDER.)16-15510
05/20/2016MotionFiled Appellant Kobeh Valley Ranch, LLC's Motion to Expedite Appeal.16-16021
05/24/2016Order/ProceduralFiled Order to Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within 11 days from the date that appellants' response is served. Briefing is suspended. fn1[The motion for leave to file an amended docketing statement is granted. The clerk of this court shall detach the amended docketing statement from the motion filed on May 17, 2016, and file it separately.] fn2[We defer ruling on the May 20, 2016, motion to expedite appeal pending resolution of the potential jurisdictional defect.]16-16287
05/24/2016Docketing StatementFiled Amended Docketing Statement.16-16294
05/26/2016MotionFiled Respondent Eureka County's Response in Opposition to Kobeh Valley Ranch, LLC's Motion to Expedite Appeal.16-16687
05/27/2016Notice/IncomingFiled Joinder to Respondent Eureka County's Response in Opposition to Appellant, Kobeh Valley Ranch, LLC's Motion to Expedite Appeal.16-16796
06/14/2016MotionFiled The State of Nevada Department of Conservation and Natural Resources, Division of Water Resources and The State of Nevada State Engineer's Response to Order to Show Cause as to Why Appeal Should Not be Dismissed for Lack of Jurisdiction.16-18562
06/20/2016MotionFiled Kobeh Valley Ranch LLC's Joinder to the Nevada State Engineer's Reponse to Order to Show Cause.16-19100
07/28/2016Order/ProceduralFiled Order Reinstating Briefing and Granting in Part Motion to Expedite Appeal. Appellants shall each have 20 days from the date of this order to file and serve their opening briefs and appendices. Respondents shall have 30 days from service of the last filed opening brief to file and serve their answering briefs. Thereafter, appellants shall have 11 days from service of last filed answering brief to file and serve their reply briefs. Resolution of this appeal will be expedited to the extent permitted by this court's docket.16-23488
08/18/2016AppendixFiled Appendix to Opening Brief - Joint Appendix - Volume I thru III.16-25695
08/18/2016AppendixFiled Appendix to Opening Brief - Joint Appendix - Volume IV thru VII.16-25696
08/18/2016BriefFiled Appellant Kobeh Valley Ranch, LLC's Opening Brief.16-25707
08/18/2016Other Incoming DocumentFiled Addendum to Kobeh Valley Ranch, LLC's Opening Brief - Rule 28(f) Pamphlet.16-25708
08/18/2016BriefFiled Appellant State of Nevada, Department of Conservation and Natural Resources, State Engineer's Opening Brief.16-25709
09/19/2016BriefFiled Respondents Etcheverrys' and Diamond Cattle Co.'s Answering Brief.16-29067
09/19/2016BriefFiled Respondent Eureka County's Answering Brief.16-29077
09/19/2016AppendixFiled Appendix to Eureka County's Answering Brief - Supplement to Joint Appendix.16-29079
09/30/2016BriefFiled Appellant State of Nevada, Department of Conservation and Natural Resources, State Engineer's Reply Brief.16-30609
10/04/2016BriefFiled Kobeh Valley Ranch, LLC's Reply Brief.16-30760
10/04/2016AppendixFiled Reply Appendix.16-30761
10/04/2016Case Status UpdateBriefing Completed/To Screening.
12/21/2016Order/Clerk'sFiled 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.16-39677
01/26/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument. Argument is scheduled for Tuesday, March 7, 2017, at 1:30 p.m. for 30 minutes in Carson City.17-02987
02/02/2017MotionFiled Unopposed Motion to Postpone Oral Argument Set for March 6, 2017, to April 4, 2017.17-03802
02/02/2017Order/Clerk'sFiled Order Granting Motion and Rescheduling Oral Argument. The oral argument scheduled for March 7, 2017, at 1:30 p.m. is hereby vacated. The matter will be rescheduled for the court's April 4, 2017, calendar (time of argument to be determined). Argument shall be limited to 30 minutes.17-03828
02/23/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, April 4, 2017, at 1:30 p.m. for 30 minutes in Las Vegas.17-06270
02/24/2017MotionFiled Notice of Removal of Attorney. John R. Zimmerman, Esq. is no longer with the law firm of Parsons Behle & Latimer and is no longer counsel of record for appellant Kobeh Valley Ranch, LLC.17-06485
03/02/2017Order/ProceduralFiled Order Granting Motion to Withdraw. The clerk of this court shall remove attorney John R. Zimmerman as counsel for record for appellant Kobeh Valley Ranch.17-07155
03/06/2017Order/ProceduralFiled Order Vacating Oral Argument. Oral argument is vacated and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein.17-07447
03/06/2017Case Status UpdateSubmitted for Decision.
03/07/2017Notice/IncomingFiled Notice of Removal of Attorney Jennifer M. Mahe, Esq.17-07621
03/15/2017Order/ProceduralFiled Order Granting Motion. Attorney Jennifer M. Mahe of Mahe Law, Ltd. has filed a notice of removal of attorney. We construe the notice as a motion to withdraw as counsel of record, and grant the motion. The clerk of this court shall remove Ms. Mahe and Mahe Law, Ltd. as counsel of record for Euerka County.17-08724
03/24/2017Order/ProceduralFiled Order. This matter was previously submitted on the record and briefs filed herein. Upon further review, the 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.17-09871
03/28/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, May 1, 2017, at 1:30 p.m. for 30 minutes in Carson City.17-10208
04/13/2017MotionFiled Appellants' (The State of Nevada Department of Conservation and Natural Resources, Division of Water Resources and The State of Nevada State Engineer) Motion Seeking Guidance Regarding Oral Argument and Subject Matter for Discussion.17-12194
04/13/2017Notice/IncomingFiled Notice of Attorney Change of Address (Schroeder Law Office).17-12275
04/17/2017Notice/OutgoingIssued Oral Argument Reminder Notice.17-12510
04/21/2017Order/ProceduralFiled Order. Appellant has filed a motion requesting that this court identify specific issues of interest at oral argument scheduled for May 1, 2017, at 1:30 p.m. in Carson City. Among the issues the parties should be prepared to address are: (1) whether the district court erred when it interpreted this court's decision to "reverse and remand . . . for proceedings consistent with this opinion" as requiring, or permitting, it to grant the petitions for judicial review; (2) whether the district court should have remanded the matter to the State Engineer for further proceedings; and (3) if remand to the State Engineer was appropriate, what instructions, if any, should the district court have given the State Engineer. The parties should be prepared to address all issues raised in this matter. To the extent that any further specification is requested, the motion is denied.17-13343
05/01/2017MotionFiled Appellant Kobeh Valley Ranch, LLC's Request for Judicial Notice.17-14267
05/01/2017Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
05/23/2017Order/ProceduralFiled Order Granting Motion. We shall take judicial notice of the motion filed in Docket Nos. 61234 and 63258 on September 28, 2015.17-17309
09/27/2017Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. Author: Cherry, C.J. Majority: Cherry/Douglas/gibbons/Parraguirre/Stiglich. Pickering, J., with whom Hardesty, J., agrees, concurring. 133 Nev. Adv. Opn. No. 71. EN BANC17-32855
10/23/2017RemittiturIssued Remittitur.17-36297
10/23/2017Case Status UpdateRemittitur Issued/Case Closed.
12/07/2017RemittiturFiled Remittitur. Received by County Clerk on October 25, 2017.17-36297
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