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Case Information: 81764
Short Caption:BORGER VS. POLARIS INDUS., INC.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A751896Classification:Civil Appeal - General - Other
Disqualifications:ParraguirreCase Status:Remittitur Issued/Case Closed
Replacement:None for Justice ParraguirrePanel Assigned: En Banc
To SP/Judge:09/11/2020 / Haberfeld, StephenSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/23/2021How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/10/2020Filing FeeFiling Fee due for Appeal. (SC)
09/10/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)20-33381
09/10/2020OtherJustice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Law Firms. (SC)
09/10/2020Notice/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)20-33383
09/10/2020Filing FeeE-Payment $250.00 from Chad A. Bowers. (SC)
09/10/2020Notice/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 appellants - due: 21 days. (SC)20-33418
09/11/2020Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (SC)20-33443
09/11/2020Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. (SC)20-33563
09/15/2020Notice/IncomingFiled Appellant's of Appearance Attorney Kyle Ferrar. (SC)20-33909
09/15/2020Notice/IncomingFiled Appellant's Certificate of Service for Notice of Appearance (SC)20-33920
09/22/2020Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for October 13, 2020, at 9:00 am. (SC).20-34887
09/29/2020Docketing StatementFiled Appellant's Civil Docketing Statement (REJECTED PER NOTICE ISSUED ON 9/29/2020)
09/29/2020Notice/OutgoingIssued Notice of Deficient Docketing Statement. Corrected docketing statement due: 5 days. (SC)20-35675
10/01/2020Docketing StatementFiled Docketing Statement. (REJECTION PER PHONE CALL TO KYLE WAYNE FARRAR). (SC)
10/01/2020Docketing StatementFiled Docketing Statement. (SC)20-35983
10/13/2020Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC).20-37610
10/14/2020Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC)20-37652
10/28/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/19/19. To Court Reporter: Sharon Howard. (REJECTED PER NOTICE ISSUED ON 10/28/20) (SC)
10/28/2020Notice/OutgoingIssued Notice of Deficient Transcript Request. Due in 5 days. (SC)20-39515
10/29/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/19/19. To Court Reporter: Sharon Howard. (SC)20-39613
01/12/2021BriefFiled Appellants' Opening Brief. (REJECTED PER NOTICE FILED 1/12/21) (SC)
01/12/2021Notice/OutgoingIssued Notice of Deficient Brief. Corrected brief due: 5 days. (SC)21-00993
01/13/2021BriefFiled Appellants' Opening Brief. (SC)21-01089
01/13/2021AppendixFiled Appendix to Opening Brief. Vol. 1. (SC)21-01090
01/13/2021AppendixFiled Appendix to Opening Brief. Vol. 2. (SC)21-01091
01/21/2021MotionFiled Stipulation to Extend Time to File Respondent's Answering Brief. (SC)21-01849
01/22/2021Notice/OutgoingIssued Notice Motion/Stipulation Approved for Answering Brief. Due date March 15, 2021. (SC)21-01905
03/15/2021BriefFiled Respondent's Answering Brief. (SC)21-07484
03/15/2021AppendixFiled Respondent's Index to Appendix. (SC)21-07485
03/15/2021AppendixFiled Respondent's Appendix. Vol. 1. (SC)21-07500
04/13/2021BriefFiled Appellants' Reply Brief. (SC)21-10658
04/13/2021Case Status UpdateBriefing Completed/To Screening. (SC)
06/04/2021Order/ProceduralFiled Order Directing Supplemental Appendix. Appellant's Supplemental Appendix due: 5 days. (SC)21-16093
06/07/2021AppendixFiled Appellants' Supplemental Appendix Volume 3. (SC)21-16207
07/23/2021Order/ProceduralFiled Order Submitting for Decision Without Oral Argument. (SC)21-21271
01/27/2022Notice/IncomingFiled Respondent's Substitution of Attorneys from Matthew T. Albaugh, Anthony Sgro, and Jennifer V. Willis Arledge to Debra L. Spinelli and Dustun H. Holmes of Pisanelli Bice PLLC. (SC)22-02804
01/28/2022Order/ProceduralFiled Order Substituting Counsel. Pursuant to the notice of substitution filed on January 27, 2022, the clerk of this court shall remove the law firms of Sgro & Roger and Faegre Drinker Biddle & Reath, LLP, and attorneys Matthew T. Albaugh, Anthony Sgro, and Jennifer V. Willis Arledge, from the docket as counsel for respondent and shall replace them with attorneys Debra L. Spinelli and Dustun H. Holmes and the law firm of Pisanelli Bice PLLC. (SC)22-02912
03/16/2022Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." LS/AS/JH Hardesty, J., dissenting. (SC)22-08405
03/28/2022Post-Judgment PetitionFiled Appellant's Petition for En Banc Reconsideration. (REJECTED PER NOTICE ISSUED ON 3/28/22) (SC)
03/28/2022Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)22-09516
03/31/2022Post-Judgment PetitionFiled Appellant's Petition for Rehearing. (SC)22-10080
03/31/2022Filing FeeFiling fee paid. E-Payment $150.00 from Chad A. Bowers. (SC)
04/12/2022Order/ProceduralFiled Order Directing Answer. Answer to petition for rehearing due: 14 days. (SC)22-11482
04/22/2022Notice/IncomingFiled Notice of Appearance. Jordan T. Smith of Pisanelli Bice, PLLC appearing as counsel for respondent. (SC)22-12807
04/22/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent's Answer to Petition for Rehearing due: May 10, 2022. (SC)22-12816
05/10/2022Post-Judgment PetitionFiled Respondent's Answer to Petition for Rehearing. (SC)22-14879
05/24/2022Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Hardesty, J., dissenting. (SC)22-16437
06/06/2022Post-Judgment PetitionFiled Appellants' Petition for En Banc Reconsideration. (SC)22-17862
06/23/2022Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Respondent's answer to petition due: 14 days. (SC)22-19878
07/01/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent's Answer to Petition for En Banc Reconsideration due: July 21, 2022. (SC)22-20804
07/21/2022Post-Judgment PetitionFiled Respondent's Answer to Petition for En Banc Reconsideration. (SC)22-23034
09/12/2022Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." Hardesty, J., dissenting. fn1[The Honorable Ron Parraguirre, Chief Justice, did not participate in the decision of this matter.] EN BANC22-28354
10/07/2022RemittiturIssued Remittitur. (SC).22-31675
10/07/2022Case Status UpdateRemittitur Issued/Case Closed. (SC).
11/04/2022RemittiturFiled Remittitur. Received by District Court Clerk on October 10, 2022. (SC)22-31675
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