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Case Information: 82014
Short Caption:IN RE: D.O.T. LITIGATIONCourt:Supreme Court
Related Case(s):79669, 80230, 80637, 85314, 86070, 86071, 86151, 86275, 86276, 86739, 86741, 86771
Lower Court Case(s):Clark Co. - Eighth Judicial District - A787004Classification:Civil Appeal - General - Other
Disqualifications:Bell, SilverCase Status:Remittitur Issued/Case Closed
Replacement:Senior Justice None for Justice BellPanel Assigned: En Banc
To SP/Judge:11/10/2020 / Levitt, LansfordSP Status:Completed
Oral Argument:06/05/2023 at 10:00 AMOral Argument Location:Las Vegas
Submission Date:06/05/2023How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/02/2020Filing FeeFiling Fee Paid. $250.00 from Clark Hill PLC. Check no. 17000105. (SC)
11/02/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)20-39860
11/02/2020Notice/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. (SC)20-39862
11/10/2020Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. (SC).20-41036
11/10/2020Filing FeeFiling Fee due for Appeal. (Appellants, THC Nevada, Herbal Choice) (SC)
11/10/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Appellants, THC Nev, Herbal Choice) (SC)20-41092
11/10/2020Notice/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. (Appellants, THC Nevada, Herbal Choice) (SC)20-41094
11/10/2020Filing FeeFiling Fee due for Appeal. (Appellants, Red Earth, NEVCANN LLC, Green Therapeutics, Green Leaf Farms Holdings) (SC)
11/10/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Appellants, Red Earth, NEVCANN LLC, Green Therapeutics, Green Leaf Farms Holdings) (SC)20-41107
11/10/2020Notice/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. (Appellants, Red Earth, NEVCANN LLC, Green Therapeutics, Green Leaf Farms Holdings) (SC)20-41110
11/17/2020Filing FeeE-Payment $250.00 from Nicolas R. Donath. (Appellants, Red Earth, NEVCANN LLC, Green Therapeutics, Green Leaf Farms Holdings) (SC)
11/17/2020Filing FeeE-Payment $250.00 from Amy L. Sugden. (Appellants, THC Nevada, Herbal Choice) (SC)
11/23/2020Filing FeeReturned Filing Fee. Check No. 3665 returned to Sigal Chattah Associates, LLC. (Appellants, THC Nevada, Herbal Choice) (SC)
11/23/2020Docketing StatementFiled TGIG, LLC; Nevada Holistic Medicine, LLC; GBS Nevada Partners, LLC; Fidelis Holdings, LLC; Gravitas Nevada, LLC, Nevada Pure, LLC; Medifarm, LLC; and Medifarm IV, LLC's Docketing Statement. (SC)20-42729
11/30/2020Docketing StatementFiled Appellants' Civil Joinder Docketing Statement for THC Nevada, LLC and Herbal Choice, Inc.(SC)20-43311
11/30/2020Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. (SC)20-43318
12/01/2020Docketing StatementFiled Green Leaf Farms Holdings LLC, Green Therapeautics LLC, Red Earth LLC, and NevCann LLC's Joinder to Docketing Statement (Civil Appeals). (SC)20-43519
12/05/2020Notice/IncomingFiled Appellants' Proof of Service on Settlement Judge. (SC)20-44145
12/21/2020Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for January 20, 2021, at 9:00 AM via videoconference. (SC)20-46088
01/22/2021Settlement Program ReportFiled Interim Settlement Program Report. The settlement process is continued to the following date: April 19, 2021, at 9:00 AM via Zoom. (SC)21-02047
04/21/2021Settlement Program ReportFiled Interim Settlement Program Report. The settlement process is continued to the following date: May 10, 2021, at 9:00 AM via Zoom. (SC)21-11542
05/14/2021Settlement Program ReportFiled Interim Settlement Program Report. The settlement process is continued to the following date: June 29, 2021, at 9:00 AM via Zoom. Per the agreement of the parties, the Settlement Judge requests this extension of time to conclude the settlement negotiations. (SC)21-14030
05/17/2021Settlement Order/ProceduralFiled Order Granting Extension of Time for Status Report. The time for filing a Final Settlement Conference Status Report is extended to July 2, 2021. (SC)21-14178
06/30/2021Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)21-18835
07/01/2021Settlement 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)21-18904
07/14/2021Transcript RequestFiled Appellants' (Green Leaf Farms Holdings, Green Therapeutics, NEVCANN, and Red Earth) Certificate of No Transcript Request. (SC)21-20316
07/14/2021Transcript RequestFiled Appellant's (THC Nevada LLC) Certificate of No Transcript Request. (SC)21-20327
07/15/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/2/20. To Court Reporter: Jill Hawkins. (REJECTED PER NOTICE ISSUED ON 1/15/21) (SC)
07/15/2021Notice/OutgoingIssued Notice of Deficient Transcript Request. (SC)21-20416
07/15/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/2/20. To Court Reporter: Jill Hawkins. (SC)21-20478
08/23/2021TranscriptFiled Notice from Court Reporter. Jill Hawkins stating that the requested transcripts were delivered. Dates of transcripts: 11/2/20. (SC)21-24579
08/30/2021MotionFiled Stipulation to Extend Time for Filing the Opening Brief. Pursuant to NRAP 26(b)(2)(SC)21-25168
08/30/2021Notice/OutgoingIssued Notice Motion/Stipulation Approved for Opening Brief and Appendix. Due date November 1, 2021. (SC)21-25214
10/20/2021MotionFiled Appellants' (Green Leaf Farms Holdings LLC, Green Therapeutics LLC, NEVCANN LLC, and Red Earth LLC) Motion to Extend Time to File Opening Brief and Appendix. (SC)21-30111
10/28/2021Order/ProceduralFiled Order Granting Motion. The motion filed by appellants Green Leaf Farms Holdings LLC; Green Therapeutics LLC, NEVCANN LLC; and Red Earth LLC (collectively, Green Leaf), requesting a second extension of time to file the opening brief is granted. Green Leaf shall have until December 1, 2021, to file and serve the opening brief and appendix. Respondent shall have 30 days from the date the last opening brief is filed to file and serve the answering brief. (SC)21-31134
10/29/2021MotionFiled Appellants' Motion to Extend Time to File Opening Brief. (SC)21-31243
11/05/2021Order/ProceduralFiled Order Granting Motion. The motion filed by appellants TGIG, LLC; Nevada Holisitic Medicine, LLC; GBS Nevada Partners, LLC; Fidelis Holdings, LLC; Gravitas Nevada, LLC; Nevada Pure, LLC; Medifarm, LLC; Medifarm IV LLC; THC Nevada, LLC; and Herbal Choice, Inc. (collectively, TGIG appellants), for an extension of time to file the opening brief is granted. The TGIG appellants shall have until December 1, 2021, to file and serve the opening brief(s) and appendix. (SC)21-31845
11/22/2021MotionFiled Appellant's (THC Nevada LLC) Emergency Motion to Extend Time to File Opening Brief and Notice of Respondent's Non-Opposition. (SC)21-33592
12/03/2021Order/ProceduralFiled Order Granting Motion. Appellants' Opening Brief and Appendix due: December 22, 2021. (SC).21-34566
12/22/2021BriefFiled Appellants' Opening Brief. (SC)21-36556
12/22/2021BriefFiled Appellants' Opening Brief. (SC)21-36558
12/22/2021BriefFiled Appellants' Opening Brief. (SC)21-36580
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 1-20. (SC)21-36609
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 21-40. (SC)21-36991
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 41-60. (SC)21-36993
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 61-80. (SC)21-36996
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 81-100. (SC)21-36997
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 101-120. (SC)21-36998
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 121-140. (SC)21-37000
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 141-160. (SC)21-37001
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 161-180. (SC)21-37003
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 181-200. (SC)21-37004
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 201-220. (SC)21-37007
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 221-240. (SC)21-37008
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 241-260. (SC)21-37011
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 261-280. (SC)21-37012
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 281-300. (SC)21-37013
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 301-320. (SC)21-37017
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 321-340. (SC)21-37019
12/23/2021AppendixFiled Joint Appendix to Opening Brief. Vols. 341-343. (SC)21-37020
12/29/2021AppendixFiled Joint Appendix to Opening Brief. Vol 250. (SC)21-37101
01/07/2022MotionFiled Respondents' Unopposed Motion to Extend Time to File Answering Brief. (SC)22-00754
01/12/2022Notice/IncomingFiled Notice of Appearance of Counsel Eric D. Hone, Joel Z. Schwarz, and Jamie L. Zimmerman of Hone Law will appear as counsel for Respondent Lone Mountain Partners, LLC. (SC)22-01297
01/12/2022Notice/IncomingFiled Respondent Lone Mountain Partners, LLC's Joinder in Respondent The State of Nevada Department of Taxation's Unopposed Motion to Extend Time to File Answering Briefs. (SC)22-01300
01/19/2022Order/ProceduralFiled Order. Respondent shall have until March 22, 2022, to file and serve the answering brief. The clerk of this court shall add attorneys Eric D. Hone, Joel Z. Schwarz and Jamie L. Zimmerman of Hone Law to the docket for notice purposes only. This court takes no action in regard to Lone Mountain's joinder in respondent's motion to extend the time to file the answering brief. (SC)22-01874
03/14/2022Notice/IncomingFiled Notice of Appearance for Todd L. Bice and Jordan T. Smith for Parties integral Associates, LLC d/b/a Essence Cannabis Dispensaries, Essence Tropicana, LLC, and Essence Henderson, LLC. (SC)22-08082
03/14/2022MotionFiled Motion to Dismiss Appeal or Stay Appeal Pending Cure of Jurisdictional Defect. (The Essence Entities') (SC)22-08083
03/18/2022MotionFiled Respondent's Unopposed Second Motion to Extend Time to File Answering Briefs Due to Illness. (SC)22-08608
03/21/2022MotionFiled Appellants' Response to Essence Entities Motion to Dismiss or Stay Appeal Pending Cure of Jurisdictional Defect. (SC)22-08765
03/21/2022Notice/IncomingFiled Respondents' Notice of Non-Opposition to Essence Entities' Motion to Dismiss or Stay Pending Cure of Jurisdictional Defect. (SC)22-08896
03/21/2022MotionFiled Appellants' (THC Nevada, LLC' and Herbal Choice, Inc.'s) Joinder to Essence Entities' Motion to Dismiss or Stay Appeal Pending Cure of Jurisdictional Defect. (SC)22-08903
03/21/2022MotionFiled Appellants' Joinder to Essence Entities' Motion to Dismiss or Stay Appeal Pending Cure of Jurisdictional Defect. (SC)22-08907
03/28/2022MotionFiled Essence Entities' Reply in Support of Motion to Dismiss or Stay Appeal Pending Cure of Jurisdictional Defect. (SC)22-09598
03/29/2022BriefFiled Respondent's Answering Brief to the Respective Opening Briefs of Herbal Choice, THC Nevada, Nevcann, et al. (SC)22-09785
03/29/2022BriefFiled Respondent Attorney Akke Levin's Answering Brief. (SC)22-09786
03/29/2022AppendixFiled Respondent's Appendix to Answering Brief. Vols. 1-3. (SC)22-09787
06/02/2022OtherJustice Abbi Silver disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal
06/08/2022Order/ProceduralFiled Order. Attorneys Todd L. Bice and Jordan T. Smith of Pisanelli Bice PLLC have filed a notice of appearance on behalf of defendants in intervention below, Integral Associates, LLC d/b/a Essence Cannabis Dispensaries; Essence Tropicana, LLC; and Essence Henderson, LLC (the Essence Entities), and request that the Essence Entities be added as parties to this appeal. The request is granted, and the clerk of this court shall add the Essence Entities as respondents to this appeal represented by Mr. Bice and Mr. Smith. The Essence Entities have filed a motion to dismiss the appeal. This court defers ruling on the Essence Entities' motion to dismiss this appeal pending review of the supplemental briefing. The Essence Entities' request to stay the proceedings in this appeal is granted to the following extent. The briefing schedule related to the merits briefing of this appeal shall be suspended pending further order of this court. Appellants' supplemental briefs due: 14 days. Respondents, including the Essence Entities, shall have 14 days from service of the supplemental briefs to file and serve supplemental responses, including addressing these issues. Appellants shall then have 7 days from service of the supplemental responses to file and serve any supplemental replies. fn2 [Respondent's second motion to extend time to file its answering briefs is granted. The answering briefs were filed on March 29, 2022.] (SC)22-18238
06/22/2022BriefFiled Appellants' (Clark Hill PLLC Parties) Supplemental Brief in Response to Essence Entities' Motion to Dismiss or Stay Appeal Pending Cure of Jurisdictional Defect. (SC)22-19791
06/22/2022BriefFiled Appellants' (GLF Parties) Supplemental Response to Essence Entities' Motion to Dismiss or Stay Pending Cure of Jurisdictional Defect; Joinder. (SC)22-19803
06/22/2022BriefFiled THC Nevada, LLC and Herbal Choice, Inc.'s Joinder to Appellants' Supplemental Responses to Essence Entities' Motion to Dismiss or Stay Appeal Pending Cure of Jurisdictional Defect. (SC)22-19850
06/29/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent Integral Associates LLC's supplemental response due: July 20, 2022. (SC)22-20453
07/06/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent The State of Nevada Department of Taxation shall have until July 20, 2022, to file and serve its supplemental response. (SC)22-21214
07/20/2022BriefFiled Respondent (Essence Entities') Supplemental Brief in Response to June 8, 2022 Order. (SC)22-22828
07/20/2022BriefFiled Respondent (The State of Nevada Department of Taxation) Joinder to Essence Entities' Supplemental Brief in Response to June 8, 2022 Order. (SC)22-22855
08/05/2022Notice/IncomingFiled Appellants' Notice of Issuance of Order Certifying Orders on Appeal as Final Pursuant to NRCP 54(b) in Compliance with Supreme Court Order Dated June 8, 2022. (SC)22-24591
08/19/2022Notice/IncomingFiled Respondent's (The State of Nevada Department of Taxation) Notice of Appearance Heidi Parry Stern. (SC)22-26005
08/19/2022Notice/IncomingFiled Respondent's (The State of Nevada Department of Taxation) Notice of Appearance for Craig A. Newby. (SC)22-26046
08/25/2022Order/ProceduralFiled Order Reinstating Briefing. Having reviewed the supplemental briefing and the district court's order, this appeal may proceed. The merits briefing is reinstated as follows. The Essence Entities shall have 21 days from the date of this order to file and serve an answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (SC)22-26634
09/02/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents Essence Entities' answering brief due: September 29, 2022. (SC)22-27604
09/14/2022Filing FeeCross-Appeal Filing Fee Waived. State/County/Municipality. (SC)
09/14/2022Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) (State Bd. of Taxation) (SC)22-28754
09/29/2022MotionFiled Motion Lone Mountain Partners, LLC's Motion to be Added as a Respondent and for Leave to File an Answering Brief. (SC)22-30755
09/29/2022BriefFiled Cross-Respondents' (The Essence Entities') Answering Brief. (SC)22-30764
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 1 of 16. (SC)22-30765
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 2 of 16. (SC)22-30766
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 3 of 16. (SC)22-30767
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 4 of 16. (SC)22-30768
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 5 of 16. (SC)22-30769
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 6 of 16. (SC)22-30770
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 7 of 16. (SC)22-30771
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 8 of 16. (SC)22-30772
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 9 of 16. (SC)22-30775
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 10 of 16. (SC)22-30777
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 11 of 16. (SC)22-30778
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 12 of 16. (SC)22-30780
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 13 of 16. (SC)22-30782
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 14 of 16. (SC)22-30786
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 15 of 16. (SC)22-30787
09/29/2022AppendixFiled Cross-Repondent's (The Essence Entities') Supplemental Appendix, Volume 16 of 16. (SC)22-30788
10/05/2022Docketing StatementFiled Respondent/Cross-Appellant's Docketing Statement Civil Appeals. (SC)22-31474
10/17/2022Order/ProceduralFiled Order Granting Motion. The clerk of this court shall add Lone Mountain to the docket as a cross-respondent and shall amend the caption to conform to the caption on this order. The clerk shall detach Lone Mountain's answering brief from the motion and shall file it separately. fn1 [The clerk of this court shall add attorneys Eric D. Hone, Joel Z. Schwarz, and Jamie L. Zimmerman, and Hone Law to the docket as counsel for Lone Mountain.] (SC)22-32613
10/17/2022BriefFiled Cross-Respondent Lone Mountain Partners, LLC's Answering Brief. (SC)22-32624
11/15/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Requests. Appellants/Cross-Respondents' due: November 30, 2022. (SC)22-35811
11/30/2022BriefFiled Appellant/Cross-Respondents' (TGIG Reply) (Omnibus Reply) (Lone Mountain Partners, LLC, Essence Entities and The State of Nevada Department of Taxation Answering Briefs) (SC)22-37699
11/30/2022BriefFiled Appellant/Cross-Respondents' (Green Leaf Farms Holdings, LLC, Green Therapeutics LLC, Inc., NEVCANN LLC, Red Earth LLC) Reply Brief. (SC)22-37706
12/01/2022BriefFiled Appellant/Cross-Respondents' (Herbal Choice and THC) Reply Brief. (SC)22-37776
01/04/2023Case Status UpdateBriefing Completed/To Screening. (SC)
03/13/2023Notice/IncomingFiled Appellant/Cross-Respondent's Notice of Change of Address for Clark Hill, PLLC. (SC)23-07618
04/03/2023Notice/IncomingFiled Respondent/Cross-Appellant's (The State of Nevada Department of Taxation) Notice of Substitution of Counsel FROM Craig A. Newby, Steven Shevorski and Akke Levin TO Heidi Parry Stern and Kiel B. Ireland. (SC)23-10175
05/05/2023Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on June 5, 2023, at 10:00 a.m. in Las Vegas. Argument shall be limited to 30 minutes. (SC)23-14315
05/22/2023Notice/OutgoingIssued Oral Argument Reminder Notice.(SC)23-16026
05/30/2023MotionFiled Respondent/Cross-Appellant's Emergency Request to Enlarge and Divide Argument Time Among Respondents. (SC)23-16865
05/31/2023OtherJustice Linda Bell disqualified from participation in this matter. Disqualification Reason: Parties
06/01/2023MotionFiled Motion - Media Request to the Court. (SC)23-17142
06/01/2023Order/ProceduralFiled Order Granting Media Request. A request having been made by Mark Bradley with WeedTV seeking access to the Supreme Court oral arguments for the purpose of photographic or electronic coverage of the hearing to be held on June 5, 2023, beginning at 10:00 a.m., in the Las Vegas courtroom, in the above-entitled matter. All equipment necessary to allow for such photographic or electronic coverage of such proceedings shall be in place 10 minutes prior to the start of argument. (SC)23-17242
06/01/2023Order/ProceduralFiled Order Granting Motion. This matter is scheduled for oral argument on June 5, 2023, at 10:00 a.m. in Las Vegas. Respondent/cross-appellant has filed a motion to enlarge the time for its argument to 20 minutes. The motion is granted. Accordingly, each side will be premitted 20 minutes for oral argument. Argument shall be limited to a total of 40 minutes. (SC)23-17265
06/05/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Panel . (SC)
09/08/2023Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." EN BANC (SC)23-29491
10/03/2023RemittiturIssued Remittitur. (SC)23-32354
10/03/2023Case Status UpdateRemittitur Issued/Case Closed.(SC)
10/24/2023RemittiturFiled Remittitur. Received by District Court Clerk on 10/04/23. (SC)23-32354