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Case Information: 80636
Short Caption:IN RE: NEWPORT CORP. SHAREHOLDER LITIG.Court:Supreme Court
Related Case(s):84806
Lower Court Case(s):Clark Co. - Eighth Judicial District - A733154Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/02/2020 / Haberfeld, StephenSP Status:Completed
Oral Argument:12/15/2021 at 11:30 AMOral Argument Location:Carson City
Submission Date:12/15/2021How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/21/2020Filing FeeFiling Fee due for Appeal. (SC)
02/21/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)20-07175
02/21/2020Notice/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. (SC)20-07179
02/28/2020Filing FeeFiling Fee Paid. $250.00 from The O'Mara Law Firm. Check no. 1963. (SC)
02/28/2020Notice/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. Docketing Statement mailed to counsel for appellant - due: 21 days. (SC)20-08143
03/02/2020Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. (SC)20-08280
03/19/2020Docketing StatementFiled Appellant's Docketing Statement. (SC)20-10850
03/20/2020Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge (Docketing Statement). (SC)20-10903
03/23/2020MotionFiled Appellant's Motion to File Under Seal. (Docketing Statement). (SC).20-11183
03/23/2020Docketing StatementFiled Docketing Statement Civil Appeals. (SC).20-11185
03/23/2020Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge (Appellant's Motion to File Under Seal). (SC).20-11217
03/30/2020Notice/IncomingFiled Certificate of Service- Motion to File Docketing Statement (Served on settlement judge). (SC).20-12031
04/09/2020Order/ProceduralFiled Order Granting Motion. The clerk of this court is directed to file under seal appellants' docketing statement Exhibits 1 and 2 received on March 25, 2020. (SC).20-13565
04/09/2020Docketing StatementFiled Exhibits 1 and 2 of Docketing Statement (SEALED). (SC).
04/13/2020Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 21, 2020, at 9:00 AM via Zoom. (SC)20-13929
05/19/2020Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)20-19095
05/26/2020Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellants: 14 days transcript request; 90 days opening brief and appendix. (SC).20-19807
06/04/2020Transcript RequestFiled Request for Transcript of Proceedings. (REJECTED PER 6/5/20 NOTICE). (SC)
06/05/2020Notice/OutgoingIssued Notice of Deficient Transcript Request. (SC)20-21178
06/05/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/3/19, 5/1/19, 11/21/19, 10/10/19 To Court Reporter: None Listed. (SC)20-21203
06/24/2020TranscriptFiled Notice from Court Reporter. Brynn White stating that the requested transcripts were delivered. Dates of transcripts: 1/3/19, 5/1/19, 11/21/19, 10/10/19. (SC)20-23394
08/03/2020Order/Clerk'sFiled Order Granting Telephonic Extension. Appellants' Opening Brief and Appendix due: September 8, 2020. (SC)20-28151
08/18/2020MotionFiled Appellant's Unopposed Motion to Extend Time to File Opening Brief. (SC)20-30461
08/27/2020Order/ProceduralFiled Order. Appellant's Opening Brief and Appendix due: October 23, 2020. (SC)20-31633
10/23/2020MotionFiled Appellant's Motion to File the Opening Brief and Appendix Volumes 3-29 Under Seal. (SC)20-38867
10/23/2020ExhibitFiled Appellant's Exhibit to Motion to Seal. (SC)20-38940
10/23/2020AppendixFiled Joint Appendix Volume I. (SC)20-38963
10/23/2020AppendixFiled Joint Appendix Volume II. (SC)20-38964
11/09/2020Order/ProceduralFiled Order Partially Granting Motion to Seal. Appellants have filed an unopposed motion to file the opening brief and portions of the appendix under seal. The motion to file portions of the appendix under seal is granted. The clerk shall file the volumes of the appendix received on October 23, 2020, under seal. The motion to file the opening brief under seal is denied without prejudice. Within 7 days of the date of this order, appellants may renew the motion to file the opening brief under seal provided that the motion demonstrates why sealing rather than redaction is warranted. Alternatively, within the same time period, appellants may move to file a redacted opening brief. (SC)20-40879
11/09/2020AppendixFiled Appellant's Appendix to Opening Brief. (SEALED) Vols.-3-29. (SC)
11/10/2020MotionFiled Stipulation to Extend the Time for Respondents to File Their Answering Brief and for Appellants to File Their Reply Brief. (REJECTED PER NOTICE FILED ON 11/10/2020) (SC)20-41156
11/10/2020Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)20-41182
11/16/2020MotionFiled Respondents' Motion to Redact Appellants' Opening Brief. (SC).20-41705
11/16/2020MotionFiled Appellants' Renewed Motion to Seal. (DETACHED REDACTED OPENING BRIEF AND FILED SEPARATELY PER ORDER 11/30/2020). (SC).20-41754
11/30/2020Order/ProceduralFiled Order Granting Motions. The clerk shall detach the redacted opening brief from respondents' November 16, 2020, motion and file it on this court's public docket. The clerk shall file the unredacted opening brief received on October 23, 2020, under seal. Respondents shall have 30 days from the date of this order to file and serve the answering brief. (SC)20-43219
11/30/2020BriefFiled Appellant's Redacted Opening Brief. (SC)20-43224
11/30/2020BriefFiled Appellant's Opening Brief. (SEALED). (SC)
12/02/2020MotionFiled Stipulation to Extend the Time for Respondents to File their Answering Brief and for Appellants to File Their Reply Brief. (SC)20-43589
12/07/2020Order/ProceduralFiled Order Approving Stipulation. Respondents' answering brief due: January 29, 2021. Appellants' reply brief due: March 30, 2021. (SC)20-44409
01/15/2021Notice/IncomingFiled Appellant's Notice of Substitution of Liaison Counsel. Appellants do hereby consent to the substitution of Eric D. Hone, Joel Z. Schwarz, and Jamie L. Zimmerman of the law firm H1 Law Group as their Nevada liaison counsel of record. (SC)21-01522
01/26/2021Order/ProceduralFiled Order Regarding Counsel. The clerk shall remove attorney David O'Mara as counsel of record for appellants. The clerk shall add Eric D. Hone, Joel Z. Schwarz, and Jamie L. Zimmerman, of H1 Law Group as counsel of record for appellants. (SC)21-02424
01/29/2021MotionFiled Respondents' Motion to File a Redacted Answering Brief. (SC)21-02891
01/29/2021BriefFiled Respondents' Redacted Answering Brief. (SC)21-02909
02/12/2021Order/ProceduralFiled Order Granting Motion. The clerk shall file the unredacted answering brief received on February 1, 2021, under seal. Appellants shall have 30 days from the date of this order to file and serve a reply brief, if deemed warranted. (SC)21-04252
02/12/2021BriefFiled Respondent's (SEALED) Unredacted Answering Brief. (SC)
02/18/2021Letter/IncomingFiled Appellant's Letter requesting clarification of deadline for Reply Brief. (SC)21-04884
02/22/2021Order/ProceduralFiled Order. Appellants have filed a letter requesting clarification regarding the due date for the reply brief. Consistent with this court's December 7, 2020, order, the reply brief is due to be filed by March 30, 2021. The due date set in this court's February 12, 2021, order shall be disregarded.(SC)21-05208
03/11/2021MotionFiled Respondents' Motion Associate Counsel Andrew J. Wilhelm. (SC)21-07177
03/19/2021Order/ProceduralFiled Order Granting Motion to Associate Counsel. Attorney Andrew J. Wilhelm of the law firm of Gibson Dunn & Crutcher LLP shall be permitted to appear on behalf of respondents in this appeal. Nevada attorney Maximilien D. Fetaz, of the law firm of Brownstein Hyatt Farber Schreck, LLP, shall be responsible for all matters presented by Mr. Wilhelm in this matter. (SC)21-08010
03/30/2021MotionFiled Appellants' Unopposed Motion to File Reply Brief Under Seal. (SC)21-09266
03/30/2021BriefFiled Appellants' Redacted Version of Reply Brief. (SC)21-09268
04/09/2021Order/ProceduralFiled Order Granting Motion. Appellants have filed an unopposed motion for leave to file the reply brief under seal. The motion is granted to the following extent. The redacted reply brief was filed on March 30, 2021. Appellants shall have 7 days from the date of this order to submit, via mail, an unredacted version of the reply brief to this court for filing. Upon receipt, the clerk of this court shall file the unredacted reply brief under seal. (SC)21-10328
04/13/2021BriefFiled Appellant's (SEALED) Reply Brief. (SC)
04/13/2021Case Status UpdateBriefing Completed/To Screening. (SC)
04/19/2021MotionFiled Respondents' Motion to Associate Counsel Joshua S. Lipshutz. (SC)21-11157
04/23/2021Order/ProceduralFiled Order Granting Motion to Associate Counsel. Joshua S. Lipshutz of the law firm of Gibson Dunn & Crutcher LLP shall be permitted to appear on behalf of respondents in this appeal. Nevada attorney Maximilien D. Fetaz, of the law firm of Brownstein Hyatt Farber Schreck, LLP, shall be responsible for all matters presented by Mr. Lipshutz in this matter. (SC)21-11729
10/05/2021Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on December 15, 2021, at 11:30 a.m. in Carson City. The argument shall be limited to 30 minutes. (SC)21-28491
12/01/2021Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)21-34247
12/01/2021MotionFiled Joint Motion to Appear at Oral Argument Virtually. (SC)21-34313
12/02/2021Order/ProceduralFiled Order regarding Oral Argument. The parties have filed a motion to conduct the oral argument in this matter remotely. Cause appearing, the motion is granted and the oral argument currently scheduled for December 15, 2021, at 11:30 a.m. will be videoconferenced. The parties shall each have 20 minutes for argument. Argument will be limited to a total of 40 minutes. Within i5 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. (SC)21-34428
12/15/2021Case Status UpdateOral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. (SC).
02/16/2022MotionFiled Respondents' Motion to Withdraw Andrew Wilhelm, Esq. as Counsel of Record. (SC)22-05158
02/25/2022Order/ProceduralFiled Order Granting Motion to Withdraw. Respondents' motion to withdraw counsel of record is granted. NRAP 46(e)(3). The clerk shall remove attorney Andrew Wilhelm as counsel of record for respondents. (SC)22-06222
03/30/2022Order/DispositionalFiled Order of Affirmance. "ORDER the judgments of the district court AFFIRMED." NNP21-EC/KP/DH (SC)22-09886
04/25/2022RemittiturIssued Remittitur. (SC)22-12969
04/25/2022Case Status UpdateRemittitur Issued/Case Closed. (SC)
05/05/2022Notice/IncomingFiled Appellants' Substitution of Attorneys. (SC)22-14368
05/20/2022RemittiturFiled Remittitur. Received by District Court Clerk on April 26, 2022. (SC)22-12969