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Case Information: 85693
Short Caption:MASS LAND ACQUISITION, LLC VS. DIST. CT. (SIERRA PAC. POWER CO.)Court:Supreme Court
Lower Court Case(s):Storey Co. - First Judicial District - 22RP000011EClassification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/05/2024 at 1:30 PMOral Argument Location:Carson City
Submission Date:03/05/2024How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/28/2022Filing FeeFiling fee paid. E-Payment $250.00 from Kermitt L. Waters. (SC)
11/28/2022Petition/WritFiled Petition for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (SC)22-37112
11/28/2022AppendixFiled Appendix to Petition for Writ - Volume 1. (SC)22-37114
11/28/2022AppendixFiled Appendix to Petition for Writ - Volume 2. (SC)22-37115
11/28/2022AppendixFiled Appendix to Petition for Writ - Volume 3. (SC)22-37116
11/28/2022AppendixFiled Appendix to Petition for Writ - Volume 4. (SC)22-37119
11/28/2022AppendixFiled Appendix to Petition for Writ - Volume 5. (SC)22-37120
11/28/2022AppendixFiled Appendix to Petition for Writ - Volume 6. (SC)22-37121
11/28/2022AppendixFiled Appendix to Petition for Writ - Volume 7. (SC)22-37122
11/28/2022Letter/IncomingFiled Petitioner's Notice Regarding a Constitutional Issue. (SC)22-37131
11/28/2022Notice/IncomingFiled Notice of Filing Petition for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (SC).22-37132
11/29/2022MotionFiled Petitioner's Motion to Stay Pending Writ Review. (SC).22-37185
12/02/2022MotionFiled Petitioner's Procedural Motion to Withdraw Motion for Stay Pending Writ Review. (SC)22-37985
12/06/2022Notice/IncomingFiled Notice of Appearance for Kirby C. Gruchow, Jr. and Jeremy B. Duke. (SC)22-38303
12/06/2022MotionFiled Real Party In Interest's Response to Petitioner's Procedural Motion to Withdraw Motion for Stay Pending Writ Review. (SC)22-38305
12/13/2022Order/ProceduralFiled Order Directing Answer and Granting Motion to Withdraw Motion for Stay. Real party in interest's answer due: 28 days. Petitioners shall have 14 days from service of the answer to file and serve any reply. Petitioner's motion filed December 2, 2022, to withdraw petitioner's prior motion seeking a stay of the district court proceedings is granted. Accordingly, we take no action on petitioner's November 29, 2022, motion to stay the district court proceedings. (SC)22-39099
01/10/2023Petition/WritFiled Real Party in Interest's Answer to Petition for Writ. (SC)23-00831
01/19/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Petitioner's reply to the answer to petition for writ due: February 7, 2023. (SC)23-01818
02/07/2023Petition/WritFiled Petitioner's Reply to Answer to Petition for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (SC)23-03754
08/02/2023Order/ProceduralFiled Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in this matter. Accordingly, oral argument is scheduled for September 6, 2023, at 10:30 a.m., in Carson City. The argument shall be limited to 30 minutes. (SC)23-24814
08/15/2023MotionFiled Petitioner's Joint Motion to Postpone Oral Argument to Court's October En Banc Calendar. (SC)23-26576
08/17/2023Order/ProceduralFiled Order Vacating Oral Argument. The parties have filed a joint motion to continue oral argument in this matter pending settlement negotiations. Cause appearing, the motion is granted. Accordingly, the oral argument presently scheduled for September 6, 2023, at 10:30 a.m. in Carson City is vacated. Within 30 days of the date of this order, the parties shall file either a status report regarding settlement negotiations or a stipulation to dismiss. (SC)23-26912
09/14/2023Notice/IncomingFiled Joint Status Report Regarding Settlement Negotiations. (SC)23-30086
09/15/2023Order/ProceduralFiled Order. The parties have filed a status report. The status report indicates that settlement negotiations are ongoing and requests an additional 30 days to finalize negotiations. The request is granted. The parties shall have until October 18, 2023, to file either a second status report. (SC)23-30325
10/18/2023Notice/IncomingFiled Second Joint Status Report Regarding Settlement Negotiations. (SC)23-33947
11/15/2023Notice/IncomingFiled Petitioner's (Mass Land Acquisition) and Real Party in Interest (Sierra Pacific Power Company) Third Joint Status Report Regarding Settlement Negotiations and Request to Re-set Oral Argument. (SC)23-37163
11/29/2023Order/ProceduralFiled Order Rescheduling Oral Argument. This matter was originally scheduled for oral argument on September 6, 2023. Due to pending settlement negotiations, argument was vacated on August 17, 2023. The parties have advised the court that settlement negotiations were unsuccessful. Accordingly, argument is rescheduled for March 5, 2024, at 1:30 p.m. in Carson City. Argument shall be limited to 30 minutes. (SC)23-38667
01/26/2024Notice/IncomingFiled Petitioner's (Mass Land Acquisition) Errata to Petition for Writ of Mandamus, or in the Alternative, Writ of Prohibition Filed on November 28, 2022 to Provide Documents for Now Inactive Hyperlink Citation. (SC)24-03101
02/08/2024MotionFiled Amicus Curiae (Las Vegas Valley Water District and Southern Nevada Water Authority) Motion for Leave to File Amicus Brief and Amicus Brief in Support of Real Party in Interest (NV Energy) Answer to Writ Petition. (DEATCHED BRIEF PER ORDER ON 2/13/24 AND FILED) (SC)24-04865
02/09/2024MotionFiled Amicus Curiae (Public Utilities Commission of Nevada) Motion for Permission to File Amicus Brief. (SC)24-04959
02/09/2024BriefFiled Amicus Curiae (Public Utilities Commission of Nevada) Brief. (SC)24-04960
02/09/2024MotionFiled Motion of Edison Electric Institute and American Gas Association for Leave to File a Brief as Amici Curiae in Support of Real Party in Interest and Denial of the Petition. (DETACHED BRIEF PER 2/13/24 ORDER AND FILED) (SC).24-05011
02/13/2024Order/ProceduralFiled Order Granting Motions. Proposed amici Las Vegas Valley Water District, Southern Nevada Water Authority, Public Utilities Commission of Nevada (PUC), Edison Electric Institute, and American Gas Association have filed untimely motions for leave to file amicus briefs in support of real party in interest. Notwithstanding their untimeliness and cause appearing, the motions are granted. The clerk shall detach the amicus briefs from the motions filed on February 8 and 9, 2024, and file them separately. PUC's amicus brief was filed on February 9, 2024. Petitioner shall have 14 days from the date of this order to file and serve any reply to these amicus briefs. The reply shall not exceed 15 pages or 7,000 words. (SC)24-05297
02/13/2024BriefFiled Southern Nevada Water Authority and Las Vegas Valley Water District's Amicus Brief in Support of Real Party in Interest. (SC)24-05302
02/13/2024BriefFiled Edison Electric Institute and American Gas Association Amicus Brief in Support of Real Party in Interest. (SC)24-05307
02/13/2024MotionFiled Amicus Curiae (Valley Electric Association, Inc.) Motion for Leave to File Amicus Brief and Joinder to Southern Nevada Water Authority and Las Vegas Valley Water District's Amicus Curiae Brief. (SC)24-05404
02/14/2024MotionFiled Amicus Curiae (Rainbow Bend Homeowners Association) Motion for Leave to File Amicus Brief. (BRIEF DETACHED AND FILED PER 2/14/24 ORDER). (SC)24-05450
02/14/2024Order/ProceduralFiled Order Granting Motions. Proposed amicus Valley Electric Association, Inc. (VEA) has filed an untimely motion for leave to appear as amicus curiae in support of real party in interest and to join in the amicus brief filed by Southern Nevada Water Authority and Las Vegas Valley Water District on February 13, 2024. Proposed amicus Rainbow Bend Homeowners Association (Rainbow Bend) has filed an untimely motion for leave to file an amicus brief in support of real party in interest. The motions are granted. VEA is permitted to appear as amicus and to join in the amicus brief filed by Southern Nevada Water Authority and Las Vegas Valley Water District. The clerk shall detach the amicus brief from Rainbow Bend's motion filed on February 14, 2024, and file it separately. Petitioner may file a single reply responding to all amicus briefs within the time period set forth in this court's February 13, 2024, Order Granting Motions. The reply shall not exceed 15 pages or 7,000 words. (SC)24-05654
02/14/2024BriefFiled Amicus Curiae (Rainbow Bend Homeowners Association) Amicus Brief. (SC)24-05656
02/20/2024Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)24-06059
02/20/2024MotionFiled Amicus Curiae (Southwest Gas Corporation) Motion For Leave To File An Amicus Curiae Brief in Support of Real Party in Interest (Sierra Pacific Power Company). (DETACHED AMICUS BRIEF AND FILED PER 2/22/24 ORDER) (SC)24-06084
02/21/2024Notice/IncomingFiled Petitioner's (Mass Land Acquisition) Notice of Appearance for James Leavitt. (SC)24-06250
02/22/2024Order/ProceduralFiled Order Granting Motion. Proposed amicus Southwest Gas Corporation has filed an untimely motion for leave to appear as amicus curiae in support of real party in interest. This court is advised that proposed amicus has not obtained petitioner's consent to file this untimely motion. Notwithstanding its untimeliness and cause appearing, the motion is granted. Southwest Gas is permitted to appear as amicus. The clerk shall detach the amicus brief from the motion filed on February 20, 2024, and file it separately. Petitioner may file a single reply responding to all amicus briefs within the time period set forth in this court's February 13, 2024, Order Granting Motions. The reply shall not exceed 15 pages or 7,000 words. (SC)24-06434
02/22/2024BriefFiled Amicus Brief for Southwest Gas Corporation. (SC)24-06435
02/23/2024MotionFiled Amicus Curiae (Edison Electric Institute) Motion to Associate Counsel for Jeremy Marwell. (SC)24-06617
02/27/2024Notice/IncomingFiled Real Party in Interest (NV Energy) Notice of Supplemental Authorities-Answer-Petition for Writ. (SC)24-07068
02/27/2024AppendixFiled Real Party in Interest (NV Energy) Appendix to Supplemental Authorities. (SC)24-07074
02/27/2024BriefFiled Petitioner's (Mass Land Acquisition) Reply to Amici Curiae (Public Utilities Commission of Nevada, Southern Nevada Water Authority, Las Vegas Valley Water District, Valley Electric Association Inc., Edison Electric Institute, and Rainbow Bend HOA) Briefs in Support of Real Party in Interest. (SC)24-07080
02/28/2024MotionFiled Petitioner's Response to Real Party in Interest Supplemental Authorities to Answer to Petition for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (SC)24-07186
03/01/2024Order/ProceduralFiled Order Granting Motion. Amicus curiae Edison Electric Institute has filed a motion to associate attorney Jeremy Marwell of Vinson & Elkins, LLP pursuant to SCR 42. Attached to the motion to associate Mr. Marwell is a verified application, certificates of good standing from the District of Columbia Court of Appeals and the Appellate Division of the Supreme Court of the State of New York, and a statement pursuant to SCR 42 from the State Bar of Nevada. Accordingly, the motion to associate is granted. SCR 42(8). Mr. Marwell shall be permitted to appear on behalf of amicus curiae Edison Electric Institute in this matter. Nevada attorney Adam D. Hosmer-Henner of McDonald Carano, LLP shall be responsible for all matters presented by Mr. Marwell in this writ proceeding. (SC)24-07580
03/05/2024Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. (SC)
09/24/2024Order/ProceduralFiled Notice of Voluntary Disclosure for Justice Lee. (SC)24-35188
10/17/2024Opinion/DispositionalFiled Authored Opinion. "Petition denied." Before the Court En Banc. Author: Pickering, J. Majority: Cadish/Stiglich/Pickering/Herndon/Lee/Parraguirre/Bell. 140 Nev. Adv. Opn. No. 67. En Banc. (SC).24-39155
11/07/2024RemittiturIssued Notice in Lieu of Remittitur.(SC)24-42094
11/07/2024Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed.(SC)