Case Information: 70462
Short Caption:	DESERT AIRE WELLNESS, LLC VS. GB SCIENCES NEVADA, LLC	Court:	Supreme Court
		Related Case(s):	69909
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A728448	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:	06/01/2016 / Jimmerson, James	SP Status:	Completed
Oral Argument:	12/05/2017 at 10:30 AM	Oral Argument Location:	Las Vegas
Submission Date:	12/05/2017	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant/Cross-Respondent	Desert Aire Wellness, LLC	Richard H. Bryan (Fennemore Craig, P.C./Las Vegas) Margaret A. McLetchie (McLetchie Law) Patrick J. Sheehan (Fennemore Craig, P.C./Las Vegas) Alina M. Shell (McLetchie Law)
Respondent	The State of Nevada Department of Health and Human Services, Division of Public and Behavioral Health	Linda C. Anderson (Attorney General/Las Vegas)
Respondent/Cross-Appellant	GB Sciences, LLC	Sheldon A. Herbert (Smith & Shapiro, PLLC) James E. Shapiro (Smith & Shapiro, PLLC)

Docket Entries
Date	Type	Description	Pending?	Document
05/25/2016	Filing Fee	Filing fee due for Appeal.
05/25/2016	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day.		16-16528
05/25/2016	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.		16-16531
05/25/2016	Filing Fee	E-Payment $250.00 from Margaret A. McLetchie
05/26/2016	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.		16-16570
05/26/2016	Filing Fee	Filing fee due for Cross-Appeal. (GB Sciences Nevada)
05/26/2016	Notice of Appeal Documents	Filed Notice of Cross-Appeal. (GB Sciences Nevada)		16-16593
05/26/2016	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)		16-16595
05/27/2016	Motion	Filed Motion for Leave to File Brief in Excess of Page/Type Volume Limitation.		16-16694
05/31/2016	Order/Procedural	Filed Order Granting Temporary Stay. We temporarily stay the April 28, 2016, order in Eight Judicial District Court Case No. A-15-728448-C to the extent that it directs respondent 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. Respondent/cross-appellant GB Sciences, LLC, and respondent the Division shall each have 11 days from the date of this order to file a response to the stay motion. Appellant shall have 11 days from the service of the last response to file and serve a single reply. fn1[The motion to file the 19-page stay motion is granted; the clerk shall file the "Emergency Motion for Stay Pending Appeal Filed under NRAP 27(e)" submitted on May 27, 2016.]		16-16846
05/31/2016	Motion	Filed Emergency Motion for Stay Pending Appeal Filed Under NRAP 27(e) (Request for Consideration by Single Justice) (Action Needed As Soon As Possible).		16-16858
05/31/2016	Filing Fee	Filing Fee Paid. $250.00 from McLetchie Shell, LLC. Check No. 1122.
06/01/2016	Filing Fee	Respondent/Cross-Appellant's Filing Fee Paid. $250.00 from Smith & Shapiro PLLC. Check No. 2547.
06/01/2016	Settlement Notice	Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: James J. Jimmerson.		16-17120
06/08/2016	Motion	Filed State Response To Emergency Motion For Stay.		16-17779
06/13/2016	Motion	Filed Motion for Leave to File Brief in Excess of Page/Type Volume Limitation (Respondent/Cross-Appellant's Opposition to Emergency Motion for Stay Pending Appeal Filed Under NRAP 27(e)).		16-18365
06/15/2016	Motion	Filed Motion to Consolidate Appeal No. 70462 and Appeal No. 69909.		16-18709
06/16/2016	Docketing Statement	Filed Docketing Statement Civil Appeal.		16-18851
06/16/2016	Docketing Statement	Filed Docketing Statement Civil Appeals.		16-18859
06/21/2016	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant/Cross-Respondent's Opposition to Motion to Consolidate due: July 6, 2016.		16-19435
07/05/2016	Order/Procedural	Filed Order Granting Motion. The clerk shall file the "Opposition to Emergency Motion for Stay Pending Appeal Filed Under NRAP 27(e)" received on June 13, 2016. Appellant/cross-respondent Desert Aire Wellness, LLC, shall have 11 days from the date of this order to file a single reply to both the opposition of GB Sciences, LLC, and the response filed by the respondent State Division of Public and Behavioral Health.		16-20816
07/05/2016	Motion	Filed Response to Motion Opposition to Emergency Motion for Stay Pending Appeal Filed Under NRAP 27(e)		16-20818
07/06/2016	Notice/Incoming	Filed NRAP 26.1 Disclosure.		16-20984
07/07/2016	Motion	Filed Response in Opposition to Respondent GB Sciences Nevada LLC's Motion to Consolidate Appeal Nos. 69909 and 70462.		16-21058
07/08/2016	Settlement Program Report	Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation.		16-21313
07/13/2016	Motion	Filed Reply to Appellant Desert Aire Wellness, LLC's Opposition to Motion to Consolidate Appeal No. 70462 and Appeal No. 69909.		16-21819
07/14/2016	Notice/Incoming	Filed NRAP 26.1 Disclosure.		16-22013
07/19/2016	Motion	Filed Motion for Leave to File Motion in Excess of Page/Type Volume Limitation (Reply in Support of Motion for Stay). (DETACHED REPLY AND FILED PER 8/26/16 ORDER.)		16-22341
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.		16-26630
08/26/2016	Motion	Filed Reply In Support of Motion For Stay.		16-26631
09/01/2016	Transcript Request	Filed Appellant/Cross-Respondent's Request for Transcript of Proceedings. Transcripts requested: 2/23/16, 3/15/16, and 5/16/16. To Court Reporter: Lisa Lizotte.		16-27262
09/09/2016	Transcript Request	Filed Respondent/Cross-Appellant Request for Transcript of Proceedings. Transcripts requested: 03/15/16. To Court Reporter: Lisa Lizotte.		16-28040
10/13/2016	Transcript	Filed Notice from Court Reporter. Lisa Lizotte stating that the requested transcripts were delivered. Dates of transcripts: 02/23/16, 03/15/16.		16-31928
11/18/2016	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Opening Brief & Appendix due: December 12, 2016.		16-36079
12/13/2016	Brief	Filed Appellant/Cross-Respondent's Opening Brief.		16-38491
12/13/2016	Appendix	Filed Joint Appendix - Volume I.		16-38494
12/13/2016	Appendix	Filed Joint Appendix - Volume II.		16-38495
12/13/2016	Appendix	Filed Joint Appendix - Volume III.		16-38496
12/13/2016	Appendix	Filed Joint Appendix - Volume IV.		16-38497
12/13/2016	Appendix	Filed Joint Appendix - Volume V.		16-38498
12/21/2016	Brief	Filed Respondent The State of Nevada Department of Health and Human Services, Division of Public and Behavioral Health's Answering Brief.		16-39754
01/12/2017	Motion	Filed Stipulation for Extension of Time to File Respondent/Cross-Appellant GB Sciences Nevada, LLC's Answering Brief on Appeal and Opening Brief on Cross-Appeal.		17-01148
01/12/2017	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. Respondent/Cross-Appellant GB Sciences Nevada, LLC's Answering Brief on Appeal and Opening Brief on Cross-Appeal due: January 26, 2017.		17-01152
01/26/2017	Brief	Filed Respondent / Cross Appellant GB Sciences Nevada, LLC's Answering Brief on Appeal and Opening Brief on Cross-Appeal.		17-02931
01/30/2017	Brief	Filed Respondent's Answering Brief To Cross Appeal.		17-03224
02/28/2017	Brief	Filed Appellant/Cross-Respondent's Reply Brief on Appeal and Answering Brief on Cross-Appeal.		17-06775
02/28/2017	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent/cross-appellant's Reply brief to State's Answering Brief to Opening Brief on Cross-Appeal due: March 15, 2017.		17-06878
03/14/2017	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Reply Brief on cross-appeal due: March 28, 2017.		17-08471
03/15/2017	Brief	Filed Respondent/Cross-Appellant GB Sciences Nevada, LLC's Reply to State Respondent's Answering Brief on Cross-Appeal.		17-08702
03/29/2017	Brief	Filed Respondent / Cross Appellant GB Sciences Nevada, LLC's Reply to Desert Aire's Answering Brief on Cross-Appeal.		17-10425
03/29/2017	Case Status Update	Briefing Completed/To Screening.
06/27/2017	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.		17-21342
10/25/2017	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, December 5, 2017, at 10:30 a.m. for 30 minutes in Las Vegas.		17-36674
11/29/2017	Notice/Outgoing	Issued Oral Argument Reminder Notice.		17-41069
12/05/2017	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court.
04/27/2018	Order/Dispositional	Filed Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." EN BANC		18-16088
05/23/2018	Remittitur	Issued Remittitur.		18-19725
05/23/2018	Case Status Update	Remittitur Issued/Case Closed.
06/05/2018	Remittitur	Filed Remittitur. Received by District Court Clerk on May 29, 2018.		18-19725