Case Information: 85668
Short Caption:	STATE, COMM'R OF INS. VS. CHUR C/W 85728/85907/87367	Court:	Supreme Court
Consolidated:	85668*, 85728, 85907, 87367	Related Case(s):	78301, 81857, 84253, 84311, 85728, 85907, 87080, 87367
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A711535	Classification:	Civil Appeal - General - Other
Disqualifications:	Lee	Case Status:	Briefing in Progress
Replacement:		Panel Assigned:	Panel
To SP/Judge:	11/29/2022 / Levitt, Lansford	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information
Role	Party Name	Represented By
Appellant	The State of Nevada Commissioner of Insurance	Tanya M. Fraser (Hutchison & Steffen, LLC/Las Vegas) Mark A. Hutchison (Hutchison & Steffen, LLC/Las Vegas) Robert E. Werbicky (Hutchison & Steffen, LLC/Las Vegas) Brenoch R. Wirthlin (Hutchison & Steffen, LLC/Las Vegas)
Respondent	Barbara Lumpkin	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)
Respondent	Carol Harter	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)
Respondent	Eric Stickels	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)
Respondent	Jeff Marshall	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)
Respondent	Mark Garber	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)
Respondent	Robert Chur	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)
Respondent	Robert Hurlbut	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)
Respondent	Steve Fogg	Joseph Garin (Lipson Neilson P.C.) Angela T. Nakamura Ochoa (Lipson Neilson P.C.)

+ Due Items
Due Date	Status	Due Item	Due From
08/12/2024	Open	Opening Brief & Appendix	Appellant
08/12/2024	Open	Opening Brief & Appendix	Appellant

Docket Entries
Date	Type	Description	Pending?	Document
11/18/2022	Filing Fee	Appeal Filing Fee Waived. State/County/Municipality. (SC)
11/18/2022	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)		22-36376
11/18/2022	Notice/Outgoing	Issued 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)		22-36383
11/18/2022	Notice/Outgoing	Issued Notice to File Case Appeal Statement/Civil. Due date: 7 days. (SC)		22-36387
11/28/2022	Notice/Incoming	Filed Case Appeal Statement. (SC).		22-37130
11/29/2022	Settlement Notice	Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. (SC)		22-37285
11/30/2022	Notice of Appeal Documents	Filed (SEALED) Documents from District Court Clerk. (SC)
12/05/2022	Notice of Appeal Documents	Filed Notice of Appeal/Amended/Supplemental. (SC)		22-38048
12/08/2022	Notice of Appeal Documents	Filed (SEALED) Documents from District Court Clerk. (SC)
12/10/2022	Docketing Statement	Filed Appellant's Civil Docketing Statement. (REJECTED PER NOTICE FILE ON 12/12/22) (SC)
12/12/2022	Notice/Outgoing	Issued Notice of Rejection of Filed Document. (SC)		22-38853
12/12/2022	Notice/Incoming	Filed Errata to Docketing Statement (REJECTED PER 12/13/22 NOTICE) (SC).
12/13/2022	Notice/Outgoing	Issued Notice of Rejection of Filed Document. (SC)		22-39006
12/13/2022	Motion	Filed Appellant's Motion to Extend Time to File Docketing Statement. (SC)		22-39131
12/13/2022	Docketing Statement	Filed Appellant's Civil Docketing Statement. (SC)		22-39132
12/15/2022	Order/Procedural	Filed Order Granting Motion. Appellants motion for an extension of time to file docketing statement is granted. The docketing statement was filed on December 13, 2022. (SC)		22-39300
12/20/2022	Docketing Statement	Filed Respondents' Response to the Docketing Statement. (SC).		22-39850
12/27/2022	Other	Justice Patricia Lee disqualified from participation in this matter. Disqualification Reason: Law Firms
02/07/2023	Settlement Program Report	Filed ECAR/Other. Continued to February 17, 2023, at 9:00 AM due to scheduling conflicts. Case Nos. 85668/85728/85907. (SC)		23-03673
03/01/2023	Settlement Program Report	Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. Case Nos. 85668/85728/85907. (SC)		23-06083
03/08/2023	Settlement Order/Procedural	Filed 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)		23-06994
03/22/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellants transcript request form due: April 5, 2023. (SC)		23-08853
04/05/2023	Transcript Request	Filed Appellant's Request for Transcript of Proceedings. Transcripts requested: 01/27/16, 02/25/16, 10/11/18, 01/24/19, 07/11/19, 07/23/20, 08/26/20, 07/1/21, 09/2/21, 11/24/21, 09/7/22. To Court Reporter: Brynn White. (SC)		23-10464
04/10/2023	Transcript	Filed Notice from Court Reporter. Brynn White stating that the requested transcripts were delivered. Dates of transcripts: 07/01/21. (SC)		23-10914
04/17/2023	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 1/27/16, 2/25/16, 10/11/18, 1/24/19, 7/11/19, 7/23/20, 8/26/20, 7/1/21, 9/2/21, 11/24/21, and 9/7/22. To Court Reporter: Brynn White. DUPLICATE (SC)		23-11767
05/10/2023	Order/Procedural	Filed Order to Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why the identified portions of this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within 14 days from the date that appellants' response is served. Briefing is suspended. (SC)		23-14766
05/26/2023	Motion	Filed Respondents Robert Chur, Steve Fogg, Mark Garber, Carol Harter, Robert Hurlbut, Barbara Lumpkin, Jeff Marshall and Eric Stickel's Motion to Dismiss Appellant's Appeal. (SC).		23-16610
05/31/2023	Transcript	Filed Notice from Court Reporter. stating that the requested transcripts were delivered. Dates of transcripts: 01/27/26, 02/25/16, 10/11/18, 07/11/19, 07/23/20, 08/26/20, 07/01/21, 09/02/21, 09/07/22. (SC).		23-16965
06/01/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellants shall have until June 16, 2023, to file and serve the response to motion to dismiss filed on May 26, 2023 and appellants shall have until June 23, 2023, to file and serve the response to the order to show cause. (SC)		23-17124
06/09/2023	Order/Procedural	Filed Order Consolidating Appeals. These appeals are hereby consolidated. Briefing in Docket No. 85728 is suspended. In Docket No. 85668, the opposition to the motion to dismiss remains due to be filed by June 16, 2023, and the response to the order to show cause remains due to be filed by June 23, 2023. In Docket No. 85907, the response to the order to show cause remains due to be filed by June 23, 2023. Nos 85668/85728/85907 (SC)		23-18377
06/16/2023	Motion	Filed Appellant's Opposition to Motion to Dismiss. Nos. 85668/85728/85907. (SC)		23-19199
06/16/2023	Appendix	Filed Appellant's Appendix (Exhibits) to Opposition to Motion to Dismiss. Nos. 85668/85728/85907. (SC)		23-19211
06/21/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondents represented by Lipson Neilson P.C. shall have until July 7, 2023, to file the reply to opposition to motion to dismiss. Nos. 85668/85728/85907. (SC)		23-19710
06/23/2023	Motion	Filed Appellant's Response to Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)		23-20025
06/23/2023	Motion	Filed Appellant's Response to Order to Show Cause. Nos. 85668/85728/85907. Nos. 85668/85728/85907. ( SC)		23-20026
06/26/2023	Notice/Outgoing	Issued Notice to Provide Proof of Service. Due date: 7 days. Nos. 85668/85728/85907. (SC)		23-20042
06/26/2023	Notice/Incoming	Filed Appellant's Certificate of Service for Response to Order to Show Cause and Response to Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)		23-20125
07/07/2023	Motion	Filed Respondents' (Robert Chur, Steve Fogg, Mark Garber, Carol Harter, Robert Hurlbut, Barbara Lumpkin, Jeff Marshall and Eric Stickel) Reply to the Appellant's Response to Order to Show Cause. Nos. 85668/85728/85907. (SC)		23-21694
07/07/2023	Appendix	Filed Respondents' (Robert Chur, Steve Fogg, Mark Garber, Carol Harter, Robert Hurlbut, B. Lumpkin, J. Marshall and E. Stickel) Appendix of Exhibits in Support of the Reply to the Appellant's Order to Show Cause. Nos. 85668/85728/85907. (SC)		23-21695
07/07/2023	Motion	Filed Respondents' (Robert Chur, Steve Fogg, Mark Garber, Carol Harter, Robert Hurlbut, Barbara Lumpkin, Jeff Marshall and Eric Stickel) Reply in Support of the Motion to Dismiss Appeal. Nos.85668/85728/85907. (SC)		23-21703
07/07/2023	Motion	Filed Respondents' ( U.S. Re Corporation, Uni-ter Claims Services Corporation, and Uni-ter Underwriting Management Corporation) Reply to Appellant's Response to Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)		23-21798
07/07/2023	Appendix	Filed Respondents' (U.S. Re Corporation, Uni-ter Claims Services Corporation, and Uni-ter Underwriting Management Corporation) Appendix of Exhibits in Support of the Reply to Appellant's Response to Order Amending Caption and to Show Cause. Nos 85668/85728/85907. (SC)		23-21799
07/21/2023	Motion	Filed Appellant's Motion for Leave to File a Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907 (SC)		23-23356
07/31/2023	Motion	Filed Respondent's (U.S. Re Corp.) Motion for Extension of Time to File Response to Appellant's Motion for Leave to File a Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)		23-24420
07/31/2023	Motion	Filed Respondent's (U.S. Re Corporation) Response to Appellant's Motion for Leave to File a Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)		23-24422
10/12/2023	Order/Procedural	Filed Order Granting Motion. The motion of the Commissioner of Insurance for the State of Nevada, as Receiver of Lewis and Clark LTC Risk Retention Group, INC. (Commissioner), for leave to file a response to the reply regarding this court's order amending caption and to show cause is granted. Commissioner shall have 14 days from the date of this order to file and serve a response. fn1[ U.S. Re Corporation's motion for an extension of time to file a response to Commissioner's motion is granted. NRAP 26(b)(1)(A). The response was filed on July 31, 2023.] Nos. 85668/85728/85907 (SC)		23-33268
10/26/2023	Motion	Filed Appellant's Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. (Commissioner of Insurance for the State of Nevada, as Receiver of Lewis and Clark LTC Risk Retention Group, INC. ) Nos. 85668/85728/85907 (SC)		23-35106
11/13/2023	Motion	Filed Respondent's (U.S. Re Corporation) Motion to Strike Appellant's Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)		23-36897
11/20/2023	Notice/Incoming	Filed Notice of Appearance.(Robert E. Werbicky for Appellant's)Nos. 85668/85728/85907. (SC)		23-37724
11/20/2023	Motion	Filed Appellant's Response to Respondent's Motion to Strike. Nos. 85668/85728/85907.(SC)		23-37725
11/27/2023	Motion	Filed Respondent U.S. Re Corporation's Reply in Support of Motion to Strike. Nos. 85668/85728/85907 (SC)		23-38394
05/30/2024	Order/Procedural	Filed Order Partially Dismissing Appeal and Reinstating Briefing. Having considered the Commissioner's responses, we conclude that the Commissioner has failed to demonstrate that this court has jurisdiction over the portion of the appeal challenging orders relating solely to Corporate Defendants. Accordingly, this court dismisses the appeal in Docket No. 85668 to the extent it appeals from these orders. The appeal from the remaining orders may proceed, limited to the issues implicating Director Defendants. The clerk of this court shall amend the caption in Docket No. 85668 to remove Corporate Defendants as respondents. Briefing is reinstated in Docket Nos. 85728 and 85907 and is reinstated as to the remaining orders in Docket No. 85668, with respect to issues involving Director Defendants. The Commissioner shall have 60 days from the date of this order to file a single opening brief raising all issues in Docket Nos. 85668 and 85907, and an appendix. Likewise, Director Defendants shall have 60 days from the date of this order to file an opening brief and appendix in Docket No. 85728. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn1[Having considered U.S. RE Corp.'s motion to strike the Commissioner's response to the reply to this court's Order to Show Cause in Docket No. 85907, this court denies the motion to strike. It appears that appellant was attempting to avoid confusion while addressing overlapping issues arising from the consolidated appeals rather than purposefully exceeding the scope of this court's order granting leave to file the response.] Nos. 85668/85728/85907 B24-LS/KP/RP (SC)		24-19004
07/01/2024	Order/Procedural	Filed Order Denying Motion to Dismiss, Consolidating Appeals, and Reinstating Briefing. US Re has filed a motion to dismiss the appeal in Docket No. 87367 for lack of jurisdiction. Commissioner opposes the motion and US Re has replied. The motion to dismiss is denied. Briefing is reinstated in Docket No. 87367. The appeals are hereby consolidated. The combined opening brief in Docket Nos. 85668 and 85907 and the opening brief in Docket No. 85728 remain due to be filed by July 29, 2024. Respondents in docket No. 87367 shall have 30 days from the date of service of the combined opening brief to Docket Nos. 85668 and 85907 to file and serve the answering brief in Docket No. 87367. (SC)		24-22707
07/15/2024	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. State of Nevada Commissioner of Insurance's opening brief and appendix in Docket Nos. 85668 and 85907 due: August 12, 2024. Nos. 85668/85728/85907. (SC)		24-24666
07/25/2024	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellants' opening brief and appendix in 85728 due: August 12, 2024. (SC)		24-26058