| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 06/07/2016 | Filing Fee | Filing Fee due. | | |
| 06/07/2016 | Order/Incoming | Filed Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorable Alex Kozinski, U.S. Court of Appeals Judge. | | 16-17696
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| 06/07/2016 | Other Incoming Document | Filed General Docket Sheet and Opening, Answering and Reply Briefs filed in the U.S. Court of Appeals, Ninth Circuit | | 16-17697
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| 06/07/2016 | Other Incoming Document | Filed Appellant's Appendix, Volumes 1 through 4 filed in the U.S. Court of Appeals, Ninth Circuit. | | 16-17698
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| 06/07/2016 | Other Incoming Document | Filed Supplemental Excerpts of Record, Volumes 1 through 4 filed in the U.S. Court of Appeals, Ninth Circuit. | | 16-17699
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| 07/22/2016 | Order/Procedural | Filed Order Accepting Certified Question, Directing Briefing and Directing Submission of Filing Fee. Appellants shall have 30 days from the date of this order to file and serve an opening brief. Respondent shall have 30 days from the date the opening brief is served to file and serve an answering brief. Appellants shall then have 20 days from the date the answering brief is served to file and serve any reply brief. Appellants and respondent shall each tender to the clerk of this court, within 11 days from the date of this order, the sum of $125, representing half of the filing fee. | | 16-22793
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| 07/25/2016 | Filing Fee | Filing Fee Paid. $125.00 from Atkin Winner & Sherrod, Ltd. Check No. 45430. | | |
| 08/03/2016 | Filing Fee | Appellant's Filing Fee Paid. $125.00 from Christensen Law. Check No. 108007. | | |
| 08/09/2016 | Notice/Incoming | Filed Notice of Association of Counsel (Dennis Prince as counsel for the Appellants'). | | 16-24588
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| 08/15/2016 | Motion | Filed Stipulation for Extension of Time to File Opening Brief Regarding Certified Question of Law. | | 16-25272
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| 08/15/2016 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Opening Brief and Appendix due: September 20, 2016. | | 16-25277
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| 08/29/2016 | Motion | Filed Appellee/Respondent's Motion To Associate Counsel. | | 16-26809
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| 09/07/2016 | Other | Chief Justice Ron Parraguirre disqualified from participation in this matter. | | |
| 09/07/2016 | Order/Procedural | Filed Order Granting Motion to Associate Counsel. We grant the motion to associate. Mr. Scott and Mr. Cole shall be permitted to appear on behalf of respondent in this matter. Nevada attorney Matthew J. Douglas of Atkin Winner & Sherrod shall be responsible for all matters presented by Mr. Scott and Mr. Cole in this appeal. | | 16-27746
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| 09/14/2016 | Motion | Filed Stipulation For Extension Of Time To File Opening Brief And Amend The Briefing Schedule Regarding Certified Question Of Law. | | 16-28608
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| 09/28/2016 | Notice/Incoming | Filed Notice of Association of Counsel. Scott A. Cole, Esq. of the law firm Cole, Scott & Kissane, P.A. associating as counsel of record for respondent. | | 16-30212
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| 09/28/2016 | Notice/Incoming | Filed Notice of Association of Counsel. Thomas E. Scott, Esq. of the law firm Cole, Scott & Kissane, P.A. associating as counsel of record for respondent. | | 16-30213
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| 09/30/2016 | Order/Procedural | Filed Order Granting Motion. The parties have filed a second stipulation to extend the time to file the briefs. We elect to treat the stipulation as a joint motion for an extension of time, and we grant the motion. Opening Brief and Appendix due: November 7, 2016. Answering Brief due: January 6, 2017. Reply due: February 2, 2017. | | 16-30479
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| 11/09/2016 | Brief | Filed Appellants' Opening Brief. | | 16-34934
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| 11/17/2016 | Motion | Filed Motion for Leave to File Brief of Amicus Curiae of the Nevada Justice Association in Support of Appellants NTS. (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER 12/12/16 ORDER.) | | 16-35827
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| 11/17/2016 | Motion | Filed Motion for An Extension of Time to File Amicus Brief (United Policyholders). | | 16-35852
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| 11/18/2016 | Notice/Incoming | Filed Certificate of Service. (Motion for Leave to File Brief of Amicus Curiae of the Nevada Justice Association in Support of Appellants NTS.) | | 16-36123
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| 12/12/2016 | Order/Procedural | Filed Order Granting Motions. Cause appearing, we grant the unopposed motion of the Nevada Justice Association to file an amicus brief. We direct the clerk of this court to detach from the motion the amicus brief of the Nevada Justice Association in support of appellants and file it separately. Cause appearing, we grant the motion of proposed amicus United Policyholders for an extension of time to file a motion for leave to file an amicus brief in support of appellants. United Policyholders shall have until December 19, 2016, to file the motion and submit the proposed brief. | | 16-38302
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| 12/12/2016 | Brief | Filed Brief of Amicus Curiae of the Nevada Justice Association in Support of Appellants NTS. | | 16-38309
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| 12/14/2016 | Motion | Filed Motion to Associate Counsel. | | 16-38795
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| 12/14/2016 | Notice/Incoming | Filed Notice of Motion to Associate Counsel. | | 16-38796
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| 12/15/2016 | Motion | Filed Amended Motion To Associate Counsel. | | 16-38991
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| 12/20/2016 | Motion | Filed Motion For Leave to File Brief of Amicus Curiae of United Policyholders in Support of Appellants. | | 16-39419
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| 01/06/2017 | Brief | Filed Respondent's Answering Brief. | | 17-00601
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| 01/17/2017 | Motion | Filed The Complex Insurance Claims Litigation Assocition (CICLA)'s Motion for Leave to File Amicus Curiae Brief. | | 17-01540
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| 01/17/2017 | Motion | Filed The Complex Insurance Claims Litigation Assocition (CICLA)'s Motion to Associate Laura Anne Foggan as Counsel. | | 17-01541
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| 01/18/2017 | Order/Procedural | Filed Order Granting Motion To Associate Counsel. We grant the motion to associate. Mr. Boyle shall be permitted to appear on behalf of appellants in this matter. Nevada attorney David T. Pursiano of Pursiano Barry Bruce Lavelle, LLP shall be responsible for all matters presented by Mr. Boyle in this appeal. | | 17-01818
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| 01/24/2017 | Order/Procedural | Filed Order Granting Motions to File Amicus Briefs and to Associate Counsel. We direct the clerk of this court to file the amicus brief of United Policyholders in support of appellants received on December 20, 2016. We direct the clerk of this court to file the amicus brief received on January 17, 2017. We grant the motion to associate. Attorney Laura Anne Foggan of Crowell & Moring LLP shall be permitted to appear on behalf of amici curiae CICLA, AIA, and PCI in this matter. Nevada attorney Joel D. Henriod of Lewis Roca Rothgerber Christie LLP shall be responsible for all matters presented by Ms. Foggan in this appeal. | | 17-02620
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| 01/24/2017 | Brief | Filed Brief of Amicus Curiae of United Policy Holders in Support of Appellants. | | 17-02624
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| 01/24/2017 | Brief | Filed Amici Curiae Brief of Complex Insurance Claims Litigation Association, American Insurance Association, and Property Casualty Insurers Association of America in Support of Respondent. | | 17-02626
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| 01/25/2017 | Motion | Filed Stipulation for Extension of Time to File Reply Brief Regarding Certified Question of Law. | | 17-02749
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| 01/25/2017 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Reply Brief due: February 16, 2017. | | 17-02751
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| 02/17/2017 | Brief | Filed Appellants' Reply Brief. | | 17-05701
|
| 02/17/2017 | Case Status Update | Briefing Completed/To Screening. | | |
| 03/14/2017 | Notice/Incoming | Filed Respondent's Notice Of Filing Of Its Motion To Dismiss For Lack Of Standing Before The Ninth Circuit. | | 17-08574
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| 06/13/2017 | Notice/Outgoing | Filed Notice. On March 14, 2017, respondent United Automobile Insurance Company (UAIC) filed a Motion to Dismiss with the United States Court of Appeals for the Ninth Circuit (Docket No. 13-17441). UAIC filed a courtesy copy of its motion with this court the same day. Should the Ninth Circuit grant UAIC's motion, it will render the NRAP 5 certified question posed to this court advisory. Therefore, we are staying our consideration of the certified question until after the Ninth Circuit grants or denies the motion. The Clerk of the Court shall deliver this Notice to the United States Court of Appeals for the Ninth Circuit. | | 17-19439
|
| 01/10/2018 | Order/Incoming | Filed Second Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorable Diarmuid F. O'Scannlain, U.S. Circuit Judge. | | 18-01301
|
| 01/11/2018 | Order/Incoming | Filed Second Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorable Diarmuid F. O'Scannlain, U.S. Circuit Judge. | | 18-01693
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| 02/23/2018 | Order/Procedural | Filed Order Accepting Second Certified Question and Directing Supplemental Briefing. Appellants shall have 30 days from the date of this order to file and serve a supplemental opening brief. Respondent shall have 30 days from the date the supplemental opening brief is served to file and serve a supplemental answering brief. Appellants shall then have 20 days from the date the supplemental answering brief is served to file and serve any supplemental reply brief. fn1[The Honorable Ron D. Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.] | | 18-07125
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| 03/22/2018 | Motion | Filed Stipulation for Extension of Time to File Supplemental Opening Brief Regarding Second Certified Question of Law. | | 18-11250
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| 04/05/2018 | Order/Procedural | Filed Order. Appellants' Supplemental Opening Brief due: May 25, 2018. | | 18-12939
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| 05/24/2018 | Motion | Filed Appellant's Motion for Extension of Time to File Supplemental Opening Brief Regarding Second Certified Question of Law. | | 18-19972
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| 05/24/2018 | Order/Procedural | Filed Order Granting Motion. Appellant's Supplemental Opening Brief due: July 2, 2018. | | 18-20025
|
| 06/29/2018 | Motion | Filed Appellant's Motion For Extension Of Time To File Supplemental Opening Brief Regarding Second Certified Question Of Law. | | 18-24885
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| 07/23/2018 | Order/Procedural | Filed Order Granting Motion. Appellants' Supplemental Opening Brief due: August 1, 2018. | | 18-28066
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| 08/02/2018 | Brief | Filed Appellants' Supplemental Opening Brief Regarding Second Certified Question of Law. | | 18-29609
|
| 08/02/2018 | Appendix | Filed Appellant's Supplemental Appendix Volume 1. | | 18-29611
|
| 08/17/2018 | Motion | Filed Stipulation for Extension of Time for Respondent to File Respondents' Supplemental Opening Brief Regarding Second Certified Question of Law (Answering Brief). | | 18-31902
|
| 08/23/2018 | Order/Procedural | Filed Order Regarding Motion. Respondent's Supplemental Answering Brief due: October 19, 2018. | | 18-33026
|
| 10/16/2018 | Motion | Filed Respondent's Motion For Extension Of Time To File Supplemental Opening Brief Regarding Second Certified Question Of Law. | | 18-40513
|
| 10/25/2018 | Order/Procedural | Filed Order Granting Motion. Respondent's Supplemental Answering Brief due: November 19, 2018. | | 18-42004
|
| 11/19/2018 | Brief | Filed Respondent's Supplemental Answering Brief to Second Certified Question. (SC) | | 18-904776
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| 11/20/2018 | Appendix | Filed Appendix to Respondent's Supplemental Answering Brief - Vol. 1. (SC) | | 18-904968
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| 11/20/2018 | Appendix | Filed Appendix to Respondent's Supplemental Answering Brief - Vol. 2. (SC) | | 18-904970
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| 11/20/2018 | Appendix | Filed Appendix to Respondent's Supplemental Answering Brief - Vol. 3. (SC) | | 18-904971
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| 12/11/2018 | Motion | Filed Appellants' Motion To Strike Portions Of Respondent's Supplemental Answering Brief To Second Certified Question And Appendix. (SC) | | 18-908070
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| 12/11/2018 | Motion | Filed Appellants' Motion To Stay Briefing Pending This Court's Decision On Appellants' Motion To Strike Portions Of Respondents Supplemental Answering Brief To Second Certfied Question And Appendix. (SC) | | 18-908073
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| 12/18/2018 | Motion | Filed Respondent's Response In Opposition To Appellants' Motion to Strike Portions of Respondent's Supplemental Answering Brief to Second Certified Question and Appendix. (SC) | | 18-909272
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| 12/18/2018 | Motion | Filed Respondent's Response to Appellants' Motion to Stay Briefing Pending This Court's Decision On Appellants' Motion to Strike Portions of Respondents Supplemental Answering Brief Second Certified Question and Appendix. (SC) | | 18-909390
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| 12/24/2018 | Motion | Filed Appellants' Reply in Support of Motion to Strike Portions of Respondent's Supplemental Answering Brief to Second Certified Question and Appendix. (SC) | | 18-910239
|
| 12/24/2018 | Motion | Filed Appellants' Reply in Support of Motion to Stay Briefing Pending this Court's Decision on Appellants' Motion to Strike Portions of Respondent's Supplemental Answering Brief and Appendix. (SC) | | 18-910240
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| 01/16/2019 | Motion | Filed Respondent United Automobile Insurance Company's Motion for Leave to File Supplemental Briefing. (SC) | | 19-02503
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| 01/23/2019 | Order/Procedural | Filed Order Regarding Motions. Appellants have filed a motion to strike portions of respondent's supplemental answering brief and appendix. The motion to strike is denied without prejudice to this court's consideration of the issue on disposition of the merits. Respondent's motion for leave to file a supplemental brief addressing recent case law is granted. The clerk of this court shall file the "Supplemental Brief Addressing Recent Case Law" received via e-flex on January 16, 2019. Appellants shall have 15 days from the date of this order to file and serve a reply that addresses both the original answering brief and the supplemental brief. No extensions of time will be granted. fn1[Appellants' motion to stay briefing pending resolution of the motion to strike is denied as moot.] (SC) | | 19-03539
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| 01/23/2019 | Brief | Filed Respondent's Supplemental Brief Addressing Recent Case Law. (SC) | | 19-03540
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| 02/08/2019 | Brief | Filed Appellants' Reply Brief Regarding Second Certified Question Of Law And Response To Supplemental Brief Addressing Recent Case Law. (SC). | | 19-06034
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| 02/08/2019 | Appendix | Filed Appendix to Appellants Reply Brief Volume 1. (SC) | | 19-06035
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| 05/01/2019 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, June 3, 2019, at 1:30 p.m. for 30 minutes in Las Vegas. (SC) | | 19-19134
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| 05/02/2019 | Notice/Incoming | Filed Errata to Appellants' Briefs Regarding First and Second Certified Questions of Law. (SC) | | 19-19313
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| 05/15/2019 | Brief | Filed Appellants' Notice of Supplemental Authority Pursuant to NRAP 31(e). (SC) | | 19-21484
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| 05/20/2019 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (SC) | | 19-21876
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| 05/22/2019 | Notice/Incoming | Filed Notice of Appearance of Counsel (Daniel F. Polsenberg, J. Christopher Jorgensen, Abraham G. Smith for Respondent). (SC) | | 19-22409
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| 05/22/2019 | Brief | Filed Respondent's NRAP 31(e) Supplemental Authorities and Response to Appellant's NRAP 31(e) Supplemental Authorities. (SC) | | 19-22411
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| 06/03/2019 | Case Status Update | Oral argument held this day. Case submitted for decision. Before the En Banc Court (SC) | | |
| 06/24/2019 | Order/Procedural | Filed Order of Assignment. IT IS HEREBY ORDERED that the Honorable Nancy M. Saitta, Senior Justice, is assigned to participate in the determination of this matter in the place of Justice Parraguirre. (SC) | | 19-27113
|
| 07/10/2019 | Notice/Incoming | Filed Notice of Appearance and Change of Firm Name (Dennis M. Prince and Kevin T. Strong of Prince Law Group for Appellants). (SC | | 19-29239
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| 07/11/2019 | Notice/Incoming | Filed Notice of Change of Firm Name for Amicus Curiae United Policyholders Attorney (Pursiano Barry Bruce Lavelle, LLP is now Pursiano Barry Bruce Demetriades Simon, LLP). (SC) | | 19-29637
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| 07/26/2019 | Notice/Incoming | Filed Notice of Attorney Lien from the law firm of Eglet Adams. | | 19-31673
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| 08/06/2019 | Order/Procedural | Filed Order Submitting for Decision Without Oral Argument. (VACATED PER ORDER FILED 8/13/19). (SC) | | 19-33109
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| 08/13/2019 | Order/Procedural | Filed Order. On June 3, 2019, this case was submitted for decision after oral argument. Subsequently, on August 6, 2019, an order submitting this matter for decision without oral argument was erroneously filed. Accordingly, this court's August 6, 2019, order is hereby vacated. (SC) | | 19-34000
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| 09/20/2019 | Order/Dispositional | Filed Order Answering Certified Questions. "We therefore decline to answer the question posed in Century Surety again, or differently, in this case. We answer the second certified question in the negative." fn1[The Honorable Nancy Saitta, Senior Justice, was appointed to sit in place of the Honorable Ron Parraguirre, Justice, who recused.] Cadish, J., with whom Hardesty, J., and Saitta, Sr., J., agrees, concurring. (SC) | | 19-39322
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| 10/04/2019 | Motion | Filed Respondent's Motion to Reissue Order as an Opinion. (SC) | | 19-41247
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| 10/08/2019 | Post-Judgment Petition | Filed Appellants' Petition for Rehearing. (SC) | | 19-41719
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| 10/08/2019 | Filing Fee | Filing fee paid. E-Payment $150.00 from Thomas Christensen. (SC) | | |
| 10/09/2019 | Post-Judgment Petition | Filed Appellants' Errata to Petition for Rehearing. (SC) | | 19-41899
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| 10/16/2019 | Notice/Incoming | Filed Notice of Firm Name Change (Respondent's attorney Atkin Winner Sherrod has changed its firm name to Winner & Sherrod). (SC) | | 19-42889
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| 11/15/2019 | Order/Procedural | Filed Order Denying Motion to Publish. fn1[The Honorable Nancy M. Saitta, Senior Justice, was appointed to sit in place of the Honorable Ron Parraguirre, Justice, who recused.] (SC) | | 19-46891
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| 11/15/2019 | Post-Judgment Order | Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[The Honorable Nancy M. Saitta, Senior Justice, was appointed to sit in place of the Honorable Ron Parraguirre, Justice, who recused.] (SC) | | 19-46892
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| 11/20/2019 | Order/Procedural | Filed Order to Issue Remittitur. In accordance with NRAP 41(a)(1), the clerk of this court is directed to issue the remittitur in this matter. (SC). | | 19-47531
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| 11/20/2019 | Remittitur | Issued Remittitur. (SC). | | 19-47533
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| 11/20/2019 | Case Status Update | Remittitur Issued/Case Closed. (SC). | | |
| 01/31/2020 | Remittitur | Filed Remittitur. Received by U.S. Court of Appeals 9th Circuit Court Clerk January 23, 2020. (SC) | | 19-47533
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