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Case Information: 85569
Short Caption:ADKINS VS. UNION PAC. R.R. CO.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A827461Classification:Civil Appeal - General - Other
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/01/2022 / Levitt, LansfordSP Status:Completed
Oral Argument:01/10/2024 at 2:00 PMOral Argument Location:Las Vegas
Submission Date:01/10/2024How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/31/2022Filing FeeFiling Fee due for Appeal. (SC)
10/31/2022Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)22-34028
10/31/2022OtherSenior Justice Mark Gibbons disqualified from participation in this matter. Disqualification Reason: Parties. (SC)
10/31/2022Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)22-34032
10/31/2022Filing FeeE-Payment $250.00 from Craig Allen Mueller. (SC)
11/01/2022Notice/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)22-34179
11/01/2022Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. (SC)22-34238
11/03/2022Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (SC)22-34565
11/10/2022Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC)22-35519
11/10/2022Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 14 days transcript request; 90 days opening brief. (SC)22-35572
11/14/2022Notice/IncomingFiled Respondent s' (CalNev Pipe Line, LLC; Kinder Morgan Pipeline, LLC; Kinder Morgan Energy Partners, L.P.; and Kinder Morgan, Inc.) Notice of Appearance for M. Ray Hartman III. (SC)22-35727
11/17/2022Docketing StatementFiled Appellants' Civil Docketing Statement. (SC)22-36206
11/17/2022Docketing StatementFiled Appellants' Civil Docketing Statement Exhibits 21-28. (SC)22-36208
11/17/2022Docketing StatementFiled Appellants' Civil Docketing Statement Exhibit 31. (SC)22-36212
11/17/2022Docketing StatementFiled Appellants' Civil Docketing Statement Exhibits 32-38. (SC)22-36213
11/18/2022Docketing StatementFiled Appellants' Civil Docketing Statement Exhibits 31 part 2. (Duplicate) (SC)22-36421
11/18/2022Docketing StatementFiled Appellants' Civil Docketing Statement Exhibits 1-10. (SC)22-36423
11/18/2022Docketing StatementFiled Appellants' Civil Docketing Statement Exhibits 29-30. (SC)22-36426
11/29/2022Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/23/22, 09/06/22. To Court Reporter: Bill Nelson. (SC).22-37419
12/06/2022Order/ProceduralFiled Order. Appellants shall have 7 days from the date of this order to file and serve an appendix to the docketing statement that contains all documents required by Item 27. The exhibits shall be clearly labeled and paginated consecutively. Appellants shall also include an index to the exhibits. (SC)22-38255
12/13/2022Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants appendix to docketing statement due: December 27, 2022. (SC)22-39000
12/27/2022AppendixFiled Appellants' Index to Appendix for Docketing Statement. (SC)22-40557
12/27/2022Docketing StatementFiled Appellants' Docketing Statement. Vol. 1. (SC)22-40575
12/27/2022Docketing StatementFiled Appellants' Docketing Statement. Vol. 2. (SC)22-40579
12/27/2022Docketing StatementFiled Appellants' Docketing Statement. Vol. 3. (SC)22-40581
12/27/2022Docketing StatementFiled Appellants' Docketing Statement. Vol. 4. (SC)22-40582
12/27/2022Docketing StatementFiled Appellants' Docketing Statement. Vol. 5. (SC)22-40586
12/27/2022Docketing StatementFiled Appellants' Docketing Statement. Vol. 6. (SC)22-40590
01/23/2023MotionFiled Appellants' Motion to Extend Time to File Opening Brief and Appendix. (SC)23-02114
01/23/2023Notice/OutgoingIssued Notice Motion/Stipulation Approved for Opening Brief and Appendix. Due date March 10, 2023. (SC)23-02123
03/09/2023BriefFiled Appellants' Opening Brief. (SC)23-07212
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 1 of 9. (SC)23-07215
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 2 of 9. (SC)23-07216
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 3 of 9. (SC)23-07217
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 4 of 9. (SC)23-07218
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 5 of 9. (SC)23-07219
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 6 of 9. (SC)23-07221
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 7 of 9. (SC)23-07222
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 7 of 9. (SC)23-07223
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 8 of 9. (SC)23-07224
03/09/2023AppendixFiled Appellants' Appendix to Opening Brief Vols. 9 of 9. (SC)23-07225
03/14/2023MotionFiled Nevada Justice Association's Motion for Permission to File Amicus Brief. (SC)23-07879
03/14/2023BriefFiled Nevada Justice Association's Amicus Curiae Brief. (SC)23-07880
03/31/2023Order/ProceduralFiled Order Granting Motion. The unopposed motion of the Nevada Justice Association for leave to file a brief of amicus curiae in support of appellants is granted. NRAP 29. The amicus brief was filed on March 14, 2023. Respondents may include any response to the amicus brief in their answering briefs. (SC)23-09962
04/02/2023Notice/IncomingFiled Amicus Curiae's (Nevada Justice Association) Notice of Appearance for A. J. Sharp. (SC)23-10005
04/06/2023MotionFiled Joint Stipulation to Extend Deadline for Answering Briefs. (SC)23-10585
04/07/2023Notice/OutgoingIssued Notice Stipulation to Extend Time to File Answering Briefs Approved. New Due Date: May 10th, 2023. (SC)23-10633
05/10/2023BriefFiled Respondents' (CalNev Pipe Line, LLC; Kinder Morgan Pipeline, LLC; Kinder Morgan Energy Partners, L.P.; Kinder Morgan, Inc., Monsanto Company, Pharmacia LLC, Solutia Inc., and City of Las Vegas Downtown Redevelopment Agency) Joint Answering Brief. (STRICKEN PER 5/23/23 ORDER). (SC)23-14753
05/10/2023BriefFiled Respondent's (Union Pacific Railroad Company) Joinder to Answering Brief (REJECTED PER NOTICE ISSUED 5/11/23) (SC)
05/11/2023Notice/OutgoingIssued Notice of Rejection of Deficient Joinder to Answering Brief. Corrected brief due: 5 days. (SC)23-14847
05/11/2023Notice/IncomingFiled Respondent's (Union Pacific Railroad Company) Notice of Appearance for Tami D. Cowden. (SC)23-14973
05/11/2023BriefFiled Respondent's (Union Pacific Railroad Company) Joinder to Answering Brief. (SC)23-14986
05/11/2023AppendixFiled Respondent's (Union Pacific Railroad Company) Appendix to Joinder to Answering Brief Vol. 1 of 2. (SC)23-14991
05/11/2023AppendixFiled Respondent's (Union Pacific Railroad Company) Appendix to Joinder to Answering Brief Vol. 2 of 2. (SC)23-14993
05/23/2023Order/ProceduralFiled Order. The clerk shall strike the answering brief filed on May 10, 2023. All respondents except Union Pacific Railroad Company shall have 7 days from the date of this order to file an amended answering brief that is substantively identical to the brief filed on May 10, 2023, but that fully complies with NEFCR 11 and NRAP 25(a)(5). Respondent Union Pacific Railroad Company has filed a purported joinder to the answering brief discussed above. The joinder contains additional issues and argument not contained in the answering brief. Therefore, the purported joinder shall be treated as an answering brief. Appellants shall have 30 days from service of the amended answering brief to file and serve any reply brief. (SC)23-16295
05/30/2023BriefFiled Respondent's (CalNev Pipe Line, LLC; Kinder Morgan Pipeline, LLC; Kinder Morgan Energy Partners, L.P.; Kinder Morgan, Inc., Monsanto Company, Pharmacia LLC, Solutia Inc., and City of Las Vegas Downtown Redevelopment Agency) Amended Answering Brief. (SC)23-16898
05/31/2023Notice/IncomingFiled Respondent's (Monsanto Company, Pharmacia LLC and Solutia, INC) Notice of Appearance for Chad R. Fears. (SC)23-17009
06/29/2023BriefFiled Appellants' Combined Reply Brief. (SC)23-20750
06/29/2023AppendixFiled Appellants' Combined Appendix to Reply Brief. (SC)23-20755
06/29/2023Case Status UpdateBriefing Completed/To Screening. (SC)
11/02/2023Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for December 19, 2023, at 2:00 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC)23-35662
11/28/2023Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)23-38486
12/06/2023Notice/IncomingFiled Appellants' Notice of Appearance for Joel Henriod. (SC)23-39474
12/14/2023Notice/IncomingFiled Respondent's (Union Pacific Railroad Company) Notice of Appearance Regarding Oral Argument for Alayne Opie. (SC)23-40583
12/18/2023MotionFiled Appellant's Emergency Motion Under NRAP 27(e) to Reschedule Oral Argument. (Resolution Requested by 5:00 Today)SC)23-40928
12/18/2023Notice/IncomingFiled Appellants' Notice of Non-Opposition to Emergency Motion Under NRAP 27(e) to Reschedule Oral Argument. (SC)23-40962
12/18/2023Order/ProceduralFiled Order Rescheduling Oral Argument. Appellants have filed an emergency motion to continue oral argument in this matter. Respondents do not oppose the motion. Cause appearing, the motion is granted. The argument currently scheduled for December 19, 2023, at 2:00 p.m. is hereby vacated. This matter is rescheduled for argument on January 10, 2024, at 2:00 p.m. in Las Vegas. Argument shall be limited to 30 minutes. (SC)23-40971
12/20/2023Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)23-41204
01/09/2024Notice/IncomingFiled Respondents' (Monsanto Co., Solutia Inc., and Pharmacia LLC) Notice of Withdrawal of Appearance for Thomas Goutman (REJECTED PER PHONE CALL WITH ATTORNEY OFFICE). (SC)
01/10/2024Case Status UpdateOral argument held this day. Case submitted for decision before the Northern Nevada Panel: Chief Justice Cadish presiding. (SC)
01/12/2024Notice/IncomingFiled Appellants' Notice of Change of Address for Joel Henriod. (SC)24-01423
01/12/2024BriefFiled Appellants' Response To Request For Citation. (SC)24-01426
02/27/2024Order/ProceduralFiled Order Directing Supplemental Briefing. Having considered the briefs and the record before us, we conclude that additional briefing will assist this court in resolving this appeal. We direct the parties to file supplemental briefing. Appellants shall have 14 days from the date of this order to file and serve a supplemental opening brief. Thereafter, respondents shall file a supplemental answering brief within 14 days after the supplemental opening brief is served. Appellants shall then have 14 days after supplemental answering brief is served to serve and file any supplemental reply brief. Briefing shall comply with the relevant provisions of NRAP 28 to 32. NNP23-EC/KP/LB (SC)24-06956
02/29/2024Notice/IncomingFiled Respondents' (Monsanto Company, Solutia Inc, and Pharmacia, LLC) Notice of Appearance for Richard Lydon Campbell (REJECTED PER NOTICE FILED ON 2/29/2024). (SC)
02/29/2024Notice/IncomingFiled Respondents' (Monsanto Company, Solutia Inc, and Pharmacia, LLC) Notice of Appearance for David Strickler Haase (REJECTED PER NOTICE FILED ON 2/29/2024). (SC)
02/29/2024Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)24-07419
03/07/2024MotionFiled Appellants' Motion For Extension of Time To File Supplemental Briefing. (SC)24-08240
03/12/2024MotionFiled Stipulation Non-Opposition and Joint Stipulation to Extend Briefing Deadlines for Supplemental Briefing(SC)24-08758
03/13/2024Order/ProceduralFiled Order. Appellants' motion for an extension of time to file supplemental briefing and the parties' stipulation to extend briefing deadlines are granted. Appellants shall have until April 11, 2024, to file and serve the supplemental brief. Respondents shall have until May 13, 2024, to file and serve the supplemental answering brief. Thereafter, appellants shall have 14 days from service of the supplemental answering brief to file any supplemental reply brief. (SC)24-09054
04/11/2024BriefFiled Appellants' Supplemental Brief (SC)
04/11/2024BriefFiled Appellants' Supplemental Brief (SC)24-12770
04/11/2024AppendixFiled Appellant's Supplemental Appendix Volume 1(SC)24-12771
04/23/2024Notice/IncomingFiled Respondent's (City of Las Vegas Downtown Redevelopment Agency) Notice of Appearance of Counsel for Timothy Geswein in Place of Jeffrey Galliher. (SC)24-14122
05/13/2024BriefFiled Respondents' Supplemental Answering Brief (REJECTED PER NOTICE FILED ON 5/14/2024). (SC)
05/14/2024Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (SC)24-16797
05/20/2024BriefFiled Respondents' Supplemental Brief. (SC)24-17594
06/03/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' supplemental reply brief due: June 17, 2024. (SC)24-19431
06/17/2024BriefFiled Appellants' Reply In Support of Supplemental Brief. (SC)24-21050
08/15/2024Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before: Cadish/Pickering/Bell. Author: Pickering, J. Majority: Cadish/Pickering/Bell. 140 Nev. Adv. Opn. No. 48. NNP23-EC/KP/LB. (SC).24-28924
09/09/2024RemittiturIssued Remittitur.(SC)24-32664
09/09/2024Case Status UpdateRemittitur Issued/Case Closed.(SC)
09/17/2024RemittiturFiled Remittitur. Received by District Court clerk on 9/10/24. (SC)24-32664
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