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Case Information: 82067
Short Caption:BURGAUER VS. DIST. CT. (BURGAUER) C/W 80466Court:Supreme Court
Consolidated:80466*, 82067Related Case(s):76650, 76650-COA, 76691, 78872, 78872-COA, 80466, 80466-COA, 82067-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - P094731Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:08/19/2022How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/12/2020Filing FeeFiling fee paid. E-Payment $250.00 from James A. Kohl. (SC)
11/12/2020Petition/WritFiled Petition for Writ of Mandamus or Prohibition. (STRICKEN PER 12/16/20 ORDER). (SC)
11/12/2020MotionFiled Motion to Exceed Page Limitation On Petition For Writ of Prohibition And/Or Mandamus. (SC)20-41349
11/12/2020AppendixFiled Appendix - Volume 1. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41351
11/12/2020AppendixFiled Appendix - Volume 2. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41352
11/12/2020AppendixFiled Appendix - Volume 3. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41353
11/12/2020AppendixFiled Appendix - Volume 4. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41354
11/12/2020AppendixFiled Appendix - Volume 5. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41356
11/12/2020AppendixFiled Appendix - Volume 6. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41357
11/12/2020AppendixFiled Appendix - Volume 7. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41358
11/12/2020AppendixFiled Appendix - Volume 8. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41359
11/12/2020AppendixFiled Appendix - Volume 9. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41360
11/12/2020AppendixFiled Appendix - Volume 10. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41361
11/12/2020AppendixFiled Appendix - Volume 11. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41365
11/12/2020AppendixFiled Appendix - Volume 12. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).20-41363
12/16/2020Order/ProceduralFiled Order Denying Motion. Petitioner has filed a motion to exceed the page limitation on his petition for a writ of prohibition and/or mandamus. The motion is denied. The clerk shall strike the petition filed on November 12, 2020. Petitioner shall have 21 days from the date of this order to file a petition that complies with the page or type-volume limitations of NRAP 21(d). (SC)20-45615
01/06/2021Petition/WritFiled Petition for Writ of Mandamus or Prohibition. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).21-00351
01/06/2021Filing FeeFiling fee paid. E-Payment $250.00 from James A. Kohl. (REFUNDED)
01/25/2021Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).21-02242
01/25/2021Case Status UpdateTransferred to Court of Appeals. (SC).
09/23/2021Order/DispositionalFiled Order Granting Petition (Docket No. 82067-COA), Vacating (Docket No. 80466-COA) and Remanding. "ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF PROHIBITION instructing the district court to vacate its order denying petitioner's petition to dismiss and to enter an order granting petitioner's petitioner to dismiss (Docket No. 82067-COA), AND VACATE all other orders issued in the underlying litigation (Docket No. 80466-COA) and REMAND to the district court to return the trust to the status quo before litigation commenced in Nevada, to the extent feasible, including returning the proceeds of the Florida sale back to the marital trust and vacating the orders removing Steven as trustee and appointing Premier as temporary trustee." Court of Appeals- MG/JT/BB. Nos. 80466/82067. (COA)
09/30/2021Notice/IncomingFiled Appellant's Proof of Service for Writ of Prohibition. Nos. 80466/82067 (SC)21-28164
09/30/2021Case Status UpdateTransferred from Court of Appeals
10/01/2021Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Margaret Burgauer's petition for review due: October 25, 2021. Nos 80466/82067. (SC)21-28255
10/20/2021Post-Judgment PetitionFiled Respondent's (Margaret Burgauer) Petition for Review. Nos. 80466/82067. (SC)21-30267
11/02/2021Order/ProceduralFiled Order/Answer Petition for Review. Appellant's Answer due: 14 days. Nos. 80466/82067. (SC)21-31539
11/12/2021Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's answer to petition for review due: November 30, 2021. Nos. 80466/82067. (SC)21-32558
11/24/2021Post-Judgment PetitionFiled Appellant's Answer to Petition for Review. Nos. 80466/82067. (SC)21-33845
01/06/2022Post-Judgment OrderFiled Order Granting Petition for Review and Directing Supplemental Briefing. Appellant shall have 30 days from the date of this order to file and serve a supplemental brief addressing the question presented for review. Respondents shall have 30 days from service of appellant's brief to file and serve a supplemental answering brief, and appellant shall have 15 days thereafter to file and serve any supplemental reply brief. Briefing shall comply with the relevant provisions of NRAP 28 to 32, and the parties may cite to appendices submitted with the original briefs. Nos. 80466/82067. (SC)22-00520
01/10/2022Notice/IncomingFiled Notice of Appearance. Liane K. Wakayama, Esq., Dale A. Hayes, Jr., Esq. and Jeremy D. Holmes, Esq. of the law firm of Hayes Wakayama are hereby appearing in this matter as co-counsel for Margaret Burgauer with Tom W. Stewart, Esq. of The Powell Law Firm. Nos. 80466/82067. (SC)22-00865
02/04/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant Steven Burgauer shall have until February 22, 2022, to file and serve his supplemental brief. Nos. 80466/82067. (SC)22-03875
02/22/2022BriefFiled Appellant's Supplemental Opening Brief. Nos. 80466/82067 (SC)22-05827
03/17/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent Margaret Burgauer's supplemental answering brief due: April 7, 2022. Nos 80466/82067. (SC)22-08538
04/05/2022BriefFiled Respondent Margaret Burgauer's Supplemental Answering Brief. Nos. 80466/82067 (SC)22-10572
04/20/2022Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant/Petitioner's Supplemental Reply Brief due: May 4, 2022. Nos 80466/82067. (SC)22-12454
05/04/2022BriefFiled Appellant's Supplemental Reply Brief. Nos. 80466/82067 (SC)22-14290
08/19/2022Order/ProceduralFiled Order Submitting for Decision Without Oral Argument. Nos. 80466/82067. (SC)22-25952
12/15/2022Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded with instructions (Docket No. 80466); petition granted (Docket No. 82067). Before the Court En Banc. Author: Cadish, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Pickering/Herndon. fn7 [The Honorable Abbi Silver having retired, this matter was decided by a six-justice court.] 138 Nev. Adv. Opn. No. 79. En Banc. Nos. 80466/82067. (SC).22-39348
12/15/2022WritIssued Writ with letter. Original and one copy of Writ of Prohibition and copy of Opinion mailed to James A. Kohl for service upon Judge Trevor L. Atkin. Nos. 80466/82067. (SC)22-39383
12/20/2022Notice/IncomingFiled Appellant's Proof of Service for Writ of Prohibition. Nos. 80466/82067 (SC)22-39986
12/22/2022WritFiled Returned Writ. Original Writ returned. Served on Judge Barisich on 12/20/22. Nos. 80466/82067(SC).22-40259
01/09/2023Case Status UpdateRemittitur Issued/Case Closed. NOS 82067. (SC)
01/09/2023RemittiturIssued Remittitur. NOS 80466/82067. (SC)23-00593
01/27/2023RemittiturFiled Remittitur. Received by District Court County Clerk on January 10, 2022. (SC)23-00593