82067: Case View

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Case Information: 82067
Short Caption:	BURGAUER VS. DIST. CT. (BURGAUER) C/W 80466	Court:	Supreme Court
Consolidated:	80466*, 82067	Related Case(s):	76650, 76650-COA, 76691, 78872, 78872-COA, 80466, 80466-COA, 82067-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - P094731	Classification:	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:	08/19/2022	How Submitted:	On Briefs

+ Party Information
Role	Party Name	Represented By
Petitioner	Steven Burgauer	James A. Kohl (Howard & Howard Attorneys PLLC/Las Vegas) Gwen Rutar Mullins (Howard & Howard Attorneys PLLC/Las Vegas)
Real Party in Interest	Margaret Burgauer	Dale A. Hayes, Jr. (Hayes Wakayama Juan) Thomas W. Stewart (The Powell Law Firm) Liane K. Wakayama (Hayes Wakayama Juan)
Real Party in Interest	Premier Trust	Douglas McLellan Edwards Melissa A. Edwards
Respondent	The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark
Respondent	Trevor L. Atkin

Docket Entries
Date	Type	Description	Pending?	Document
11/12/2020	Filing Fee	Filing fee paid. E-Payment $250.00 from James A. Kohl. (SC)
11/12/2020	Petition/Writ	Filed Petition for Writ of Mandamus or Prohibition. (STRICKEN PER 12/16/20 ORDER). (SC)
11/12/2020	Motion	Filed Motion to Exceed Page Limitation On Petition For Writ of Prohibition And/Or Mandamus. (SC)		20-41349
11/12/2020	Appendix	Filed Appendix - Volume 1. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41351
11/12/2020	Appendix	Filed Appendix - Volume 2. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41352
11/12/2020	Appendix	Filed Appendix - Volume 3. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41353
11/12/2020	Appendix	Filed Appendix - Volume 4. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41354
11/12/2020	Appendix	Filed Appendix - Volume 5. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41356
11/12/2020	Appendix	Filed Appendix - Volume 6. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41357
11/12/2020	Appendix	Filed Appendix - Volume 7. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41358
11/12/2020	Appendix	Filed Appendix - Volume 8. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41359
11/12/2020	Appendix	Filed Appendix - Volume 9. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41360
11/12/2020	Appendix	Filed Appendix - Volume 10. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41361
11/12/2020	Appendix	Filed Appendix - Volume 11. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41365
11/12/2020	Appendix	Filed Appendix - Volume 12. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		20-41363
12/16/2020	Order/Procedural	Filed 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
01/06/2021	Petition/Writ	Filed Petition for Writ of Mandamus or Prohibition. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 01/25/21 NOTICE).		21-00351
01/06/2021	Filing Fee	Filing fee paid. E-Payment $250.00 from James A. Kohl. (REFUNDED)
01/25/2021	Notice/Outgoing	Issued Notice of Transfer Case to Court of Appeals. (SC).		21-02242
01/25/2021	Case Status Update	Transferred to Court of Appeals. (SC).
09/23/2021	Order/Dispositional	Filed 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)
09/30/2021	Notice/Incoming	Filed Appellant's Proof of Service for Writ of Prohibition. Nos. 80466/82067 (SC)		21-28164
09/30/2021	Case Status Update	Transferred from Court of Appeals
10/01/2021	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Margaret Burgauer's petition for review due: October 25, 2021. Nos 80466/82067. (SC)		21-28255
10/20/2021	Post-Judgment Petition	Filed Respondent's (Margaret Burgauer) Petition for Review. Nos. 80466/82067. (SC)		21-30267
11/02/2021	Order/Procedural	Filed Order/Answer Petition for Review. Appellant's Answer due: 14 days. Nos. 80466/82067. (SC)		21-31539
11/12/2021	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's answer to petition for review due: November 30, 2021. Nos. 80466/82067. (SC)		21-32558
11/24/2021	Post-Judgment Petition	Filed Appellant's Answer to Petition for Review. Nos. 80466/82067. (SC)		21-33845
01/06/2022	Post-Judgment Order	Filed 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
01/10/2022	Notice/Incoming	Filed 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
02/04/2022	Order/Clerk's	Filed 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
02/22/2022	Brief	Filed Appellant's Supplemental Opening Brief. Nos. 80466/82067 (SC)		22-05827
03/17/2022	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent Margaret Burgauer's supplemental answering brief due: April 7, 2022. Nos 80466/82067. (SC)		22-08538
04/05/2022	Brief	Filed Respondent Margaret Burgauer's Supplemental Answering Brief. Nos. 80466/82067 (SC)		22-10572
04/20/2022	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant/Petitioner's Supplemental Reply Brief due: May 4, 2022. Nos 80466/82067. (SC)		22-12454
05/04/2022	Brief	Filed Appellant's Supplemental Reply Brief. Nos. 80466/82067 (SC)		22-14290
08/19/2022	Order/Procedural	Filed Order Submitting for Decision Without Oral Argument. Nos. 80466/82067. (SC)		22-25952
12/15/2022	Opinion/Dispositional	Filed 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
12/15/2022	Writ	Issued 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
12/20/2022	Notice/Incoming	Filed Appellant's Proof of Service for Writ of Prohibition. Nos. 80466/82067 (SC)		22-39986
12/22/2022	Writ	Filed Returned Writ. Original Writ returned. Served on Judge Barisich on 12/20/22. Nos. 80466/82067(SC).		22-40259
01/09/2023	Case Status Update	Remittitur Issued/Case Closed. NOS 82067. (SC)
01/09/2023	Remittitur	Issued Remittitur. NOS 80466/82067. (SC)		23-00593
01/27/2023	Remittitur	Filed Remittitur. Received by District Court County Clerk on January 10, 2022. (SC)		23-00593

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