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Case Information: 87775
Short Caption:STUCKEY VS. APEX MATERIALS, LLCCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A872387Classification:Civil Appeal - General - Other
Disqualifications:LeeCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/28/2023 / Kohl, JamesSP Status:Completed
Oral Argument:01/07/2025 at 1:00 PMOral Argument Location:Carson City
Submission Date:01/07/2025How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/18/2023Filing FeeFiling Fee due for Appeal. (SC)
12/18/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)23-40973
12/18/2023Notice/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)23-40975
12/18/2023OtherJustice Patricia Lee disqualified from participation in this matter. Disqualification Reason: Law Firms
12/18/2023Filing FeeE-Payment $250.00 from Leon M. Greenberg. (SC)
12/19/2023Notice/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)23-41013
12/19/2023Notice/IncomingFiled Respondents' (Apex Materials, Elkhorn Environmental, Werdco BC, Inc, Werdco LLC, and Harbor Company Inc.) Notice of Appearance for Michael D. Dissinger and Andrew S. Clark. (SC) Added counsel per SW.23-41175
12/20/2023Notice/IncomingFiled Respondent's (Tab Contractors) Notice of Appearance for Nicole Lovelock and Donna DiMaggio. (SC)23-41287
12/22/2023Notice/IncomingFiled Respondents' (Boyd Martin Construction LLC and CG&B Enterprises LLC) Notice of Appearance for Heather Caliguire Fleming. (SC)23-41660
12/28/2023Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: James A. Kohl. (SC)23-42099
01/08/2024Docketing StatementFiled Appellants' Docketing Statement. (SC)24-00766
01/09/2024Notice/IncomingFiled Respondent's (Baldwin Development LLC) Notice of Appearance for Stewart Fitts and Russell Carr. (SC)24-00981
01/19/2024Notice/IncomingFiled Respondent's (Tand, Inc.) Notice of Appearance for Christopher McCullough. (SC)24-02042
01/22/2024Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC)24-02435
01/23/2024Settlement 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)24-02564
02/01/2024Transcript RequestFiled Appellants' Certificate of No Transcript Request. (SC)24-03911
04/18/2024MotionFiled Appellants' Motion for Extension of Time to File Opening Brief and Appendix. (SC)24-13641
04/19/2024Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 7 days. (SC)24-13703
04/19/2024Notice/OutgoingIssued Notice Motion/Stipulation Approved. (SC)24-13705
04/22/2024Notice/IncomingFiled Appellants' Certificate of Service for Motion for Extension of Time to File Opening Brief and Appendix. (SC)24-13927
04/23/2024Notice/IncomingFiled Respondents' (Boyd Martin Construction LLC and CG&B Enterprises Inc.) Notice of Disassociation of Counsel for Heather Caliguire Fleming. (SC)24-14207
05/02/2024MotionFiled Respondents' Joint Stipulation for an Extension of Time to File Answering Brief. (SC)24-15490
05/08/2024Order/ProceduralFiled Order Disapproving Stipulation. Appellants' opening brief and appendix are due to be filed on or before May 22, 2024. Respondents have filed a stipulation for an extension of time to file the answering briefs. The stipulation is premature because the answering briefs are not yet due. The stipulation is disapproved. The parties may file an appropriate stipulation or respondents may file a motion for an extension of time, if needed, once the answering briefs are due. (SC)24-16169
05/09/2024Notice/IncomingFiled Respondent's (Baldwin Development) Notice of Disassociation of Counsel for Russell Carr. (SC)24-16269
05/22/2024BriefFiled Appellants' Opening Brief. (SC)24-17976
05/22/2024AppendixFiled Appellants' Appendix to Opening Brief. (SC)24-17977
05/29/2024MotionFiled Amici Curiae (Southern Nevada Labor Management Cooperation Committee, Northern Nevada Labor Management Fund, and Southern Nevada Chapter of the National Electrical Contractors Association) Motion for Leave to File Amicus Brief. (SC)24-18844
05/29/2024BriefFiled Amici Curiae (Southern Nevada Labor Management Cooperation Committee, Northern Nevada Labor Management Fund, and Southern Nevada Chapter of the National Electrical Contractors Association) Amicus Brief. (SC)24-18845
05/29/2024MotionFiled Amici Curiae (International Brotherhood of Electrical Workers, Local 357, International Brotherhood of Electrical Works, Local 396, International Brotherhood of Electrical Works, Local 1245, Southern Nevada Building Trades Unions, and Building and Construction Trades Council of Northern Nevada) Motion for Leave to File Amicus Brief. (SC)24-18846
05/29/2024BriefFiled Amici Curiae (International Brotherhood of Electrical Workers, Local 357, International Brotherhood of Electrical Works, Local 396, International Brotherhood of Electrical Works, Local 1245, Southern Nevada Building Trades Unions, and Building and Construction Trades Council of Northern Nevada) Amicus Brief. (SC)24-18847
05/29/2024MotionFiled Amicus Curiae (Nevada Justice Association) Motion for Leave to file Amicus Brief in Support of Appellants. (DETACHED BRIEF AND FILED SEPARATELY PER ORDER ON 7/11/24) (SC)24-18853
06/03/2024MotionFiled Stipulation for Extension of Time for Respondents to File Answering Brief. (SC)24-19332
06/03/2024Notice/OutgoingIssued Notice Motion/Stipulation Approved. (SC)24-19353
06/06/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents Tab Contractors; Baldwin Development LLC; Boyd Martin Construction LLC; CG&B Enterprises, Inc; and all respondents represented by Littler Mendelson, P.C.; shall have until June 20, 2024, to file and serve the response to the May 29, 2024, motions for leave to file amicus briefs. (SC)24-19787
06/20/2024Notice/IncomingFiled Notice of Appearance (Ramez Ghally as counsel for Respondent Baldwin Development) (SC).24-21494
06/20/2024MotionFiled Respondent Baldwin Development, LLC's Opposition to Motions for leave to File Amicus Brief. (SC).24-21500
06/20/2024BriefFiled Respondents Apex Materials, LLC, Elkhorn Environmental, LLC, Werdco BC, Inc., & Harber Company, LLC's Joinder to Respondent Baldwin Development LLC's Opposition to Motions for Leave File Amicus Briefs. (SC).24-21509
06/21/2024Notice/IncomingFiled Respondents Boyd Martin Construction LLC's and CG&B Enterprises Inc.'s Joinder to Respondent Baldwin Development, LLC's Opposition to Motions for Leave to File Amicus Brief(SC)24-21673
06/22/2024MotionFiled Proposed Amicus Curiae Nevada Justice Association's Reply to Oppositions to Motions for Leave to File Amicus Brief in Support of Appellants(SC)24-21721
06/24/2024MotionFiled Amici Curiae (International Brotherhood of Electrical Workers, Local 357; International Brotherhood of Electrical Workers, Local 396; International Brotherhood of Electrical Workers, Local 1245; The Southern Nevada Building Trades Unions; The Building and Construction Trades Council of Northern Nevada; The Southern Nevada I.B.E.W.-N.E.C.A. Labor Management Cooperation Committee; IBEW-NECA Northern Nevada Labor Management Fund; and the Southern Nevada Chapter of the National Electrical Contractors Association) Reply In Support of Motion For Leave To File Amicus Briefs. (SC)24-21901
07/11/2024Order/ProceduralFiled Order. This is an appeal from a district court order dismissing the underlying employment tort action with prejudice. Proposed amici Southern Nevada IBEW-NECA Labor Management Cooperation Committee; IBEW-NECA Northern Nevada Labor Management Fund; Southern Nevada Chapter of the National Electrical Contractors Association; International Brotherhood of Electrical Workers, Local 357; International Brotherhood of Electrical Workers, Local 396; International Brotherhood of Electrical Workers, Local 1245; Southern Nevada Building Trades Unions; Building and Construction Trades Council of Northern Nevada; and Nevada Justice Association have moved for leave to file amicus briefs in support of appellants. Respondent Baldwin Development, LLC has opposed the motions, and respondents Apex Materials, LLC; Elkhorn Environmental, LLC; Werdco BC, INC.; Harber Company, LLC; Boyd Martin Construction LLC; and CG&B Enterprises Inc. have joined in Baldwin Development, LLC's opposition. Proposed amici have replied. Having considered the motions and based on the court's review of the proposed briefs, this court finds respondents' arguments in opposition unpersuasive and concludes that the briefs may assist in the resolution of this appeal. The amicus briefs were filed on May 29, 2024. Respondents may respond to the arguments raised by amici in their answering brief(s) if deemed necessary. (SC)24-24098
07/11/2024BriefFiled Amicus Brief for Nevada Justice Association in Support of Appellants in Seeking Reversal. (SC)24-24102
07/22/2024BriefFiled Respondents' (Boyd Martin Construction and CG&B Enterprises) Answering Brief. (SC)24-25426
07/22/2024BriefFiled Respondents' (Aggregate Industries and Holcim Company) Answering Brief.(SC)24-25476
07/22/2024BriefFiled Respondents' (Apex Materials, Elkhorn Environmental, Harber Company, Werdco BC Inc., and Werdco LLC) Answering Brief. (SC)24-25490
07/22/2024AppendixFiled Respondents' Joint Appendix to Answering Brief - Vol. 1. (SC)24-25491
07/22/2024AppendixFiled Respondents' Joint Appendix to Answering Brief - Vol. 2. (SC)24-25492
07/22/2024BriefFiled Respondent's (Tand Inc.) Joinder to Respondents' Answering Briefs. (SC)24-25522
07/22/2024BriefFiled Respondent's (Tab Contractors) Joinder to Respondents' Answering Briefs. (SC)24-25530
07/22/2024BriefFiled Respondent's (Baldwin Development LLC) Answering Brief. (SC)24-25549
07/23/2024Notice/OutgoingIssued Notice to Provide Proof of Service for Tand Inc's Joinder Respondents' Answering Briefs. Due date: 7 days. (SC)24-25591
07/23/2024BriefFiled Respondent's (Tand Inc.) Joinder Certificate of Service for Joinder to Respondents' Answering Brief. (SC)24-25614
08/16/2024MotionFiled Appellants' Motion for Extension of Time to File Reply Brief. (SC)24-29297
08/26/2024BriefFiled Respondent's (William Charles Construction, LLC) Joinder Respondents' Answering Briefs (REJECTED FILED DOCUMENT PER NOTICE FILED ON 8/28/2024). (SC)
08/28/2024Notice/OutgoingIssued Notice of Rejection of Filed Document - William Charles Construction LLC. Joinder Respondents' Answering Brief. (SC)24-30896
08/29/2024Order/ProceduralFiled Order Denying Motion. Appellants have filed a motion for an extension of time to file the reply brief. The motion does not provide any cause in support of the requested extension. Accordingly, the motion is denied. Appellants shall have 7 days from the date of this order to file and serve the reply brief. (SC)24-31272
09/05/2024BriefFiled Appellants' Reply Brief. (STRICKEN PER ORDER FILED ON 9/9/24) (SC)
09/05/2024AppendixFiled Appellants' Supplemental Appendix to Reply Brief - Vol. 1. (STRICKEN PER ORDER FILED ON 9/9/24) (SC)
09/09/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Reply Brief and Appendix. Corrected documents due: 14 days from the date of this order. (SC)24-32631
09/10/2024BriefFiled Appellants' Reply Brief. (SC)24-32976
09/10/2024AppendixFiled Appellants' Supplemental Appendix to Reply Brief. (SC)24-32978
09/10/2024AppendixFiled Appellants' Index to Supplemental Appendix to Reply Brief. (SC)
09/10/2024AppendixFiled Appellants' Index to Supplemental Appendix to Reply Brief. (SC)24-32989
09/11/2024Case Status UpdateBriefing Completed/To Screening. (SC)
09/18/2024MotionFiled Respondent's (William Charles Construction Company) Unopposed Motion for Extension of Time to File A Joinder to Respondents' Answering Briefs. (SC)24-34451
09/20/2024BriefFiled Respondent's (William Charles Construction LLC) Joinder to Respondents' Answering Brief. (SC)24-34877
09/30/2024Order/ProceduralFiled Order Granting Motion. Respondent William Charles Construction Company has filed a motion for extension of time to file a joinder to respondents' answering briefs. The motion is granted. The joinder to respondents' answering briefs was filed on September 20, 2024. (SC)24-36260
12/02/2024Order/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 January 7, 2024, at 1:00 p.m., in Carson City. The parties shall have 2 minutes of uninterrupted argument at the beginning of each side's presentation in addition to 15 minutes each of argument time. The argument shall be limited to a total of 34 minutes. (SC)24-45614
12/19/2024MotionFiled Respondents' (Aggregate Industries and Holcim (US) Inc.) Motion to Associate Counsel for Blaine Veldhuis. (SC)24-48930
12/24/2024Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)24-49675
12/30/2024Notice/IncomingFiled Notice of Appearance (Noah G. Allison, Esq. of The Allison Law Firm, Chtd., is appearing for oral argument on January 7, 2025, as attorney for Respondents Boyd Martin Construction LLC and CG&B Enterprises, Inc). (SC)24-50340
12/31/2024Notice/IncomingFiled Notice of Appearance (Donna DiMaggio, Esq. of the law firm of Jones Lovelock, is appearing for oral argument on January 7,2025, as attorney for Respondent TAB Contractors, Inc.) (SC)24-50533
12/31/2024Notice/IncomingFiled Notice of Appearance (Montgomery Y. Paek, Esq. and Andrew S. Clark, Esq. of Littler Mendelson, P.C., are appearing for oral argument on January 7, 2025, as attorney for Respondents APEX MATERIALS, LLC; ELKHORN ENVIRONMENTAL, LLC; WERDCO BC, INC.; WERDCO LLC, AND HARBER COMPANY, INC.) (SC)24-50570
01/02/2025Notice/IncomingFiled Respondent's Notice of Change of Firm Name. (SC)25-00152
01/02/2025Notice/IncomingFiled NOTICE OF WITHDRAWAL OF RESPONDENT TAB CONTRACTORS, INC.'S NOTICE OF APPEARANCE FOR ORAL ARGUMENT(Donna DiMaggio, Esq. hereby withdraws the Notice of Appearance for Oral Argument filed on December 31, 2024, as Docket 87775, Document 2024-50533.) (SC)25-00156
01/03/2025Notice/IncomingFiled Notice (Nicole E. Lovelock, Esq. hereby withdraws as attorney of record for the Respondent TAB Contractors, Inc. Therefore, please remove Nicole E. Lovelock, Esq. from all service lists in this matter. Donna DiMaggio, Esq. and Andrea M. Champion, Esq. of Champion Lovelock Law, will continue as counsel on behalf of Respondent in this matter and are to receive all future filings and notices.) (SC)25-00256
01/03/2025Order/ProceduralFiled Order Granting Motion to Associate Counsel. Respondent Holcim (US) Inc. has filed a motion to associate attorney Blaine A. Veldhuis of the law firm Butzel Long in this matter pursuant to SCR 42. This motion is granted. Mr. Veldhuis shall be permitted to appear on behalf of respondent Holcim (US) Inc. in this appeal. Nevada attorney Jeremy E. Beal of the law firm Everett Dorey LLP shall be responsible for all matters presented by Mr. Veldhuis in this matter. (SC).25-00306
01/03/2025Notice/IncomingFiled Respondents' Joint Notice of Division of Oral Argument Time. (SC)25-00311
01/06/2025MotionFiled Motion Under NRAP 27(e) for Blaine Veldhuis Esq. to Appear FPR the January 7, 2025 Oral Argument Without Nevada Counsel in the Alternative. (SC)25-00571
01/06/2025Order/ProceduralFiled Order Regarding Oral Argument. Respondent Holcim (US) Inc. has filed a motion for leave to allow attorney Blaine A. Veldhuis, admitted pro hac vice in this case, to appear at oral argument without Nevada counsel as required by SCR 42(14)(b), or alternatively, allow Nevada counsel, Jeremy Beal, to appear remotely at oral argument. The motion is granted. Mr. Beal may appear remotely at oral argument. The clerk of this court is directed to provide Mr. Beal the login information for the oral argument. (SC)25-00651
01/07/2025Case Status UpdateOral argument held this day. Case submitted for decision. Before the Court En Banc. (SC).
06/10/2025Notice/IncomingFiled Respondent's Notice of Change of Address (Littler Mendelson, P.C.) (Counsel Updated) (SC)25-25615
02/26/2026Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. Author: Pickering, J. Majority: Herndon/Pickering/Parraguirre/Bell/Stiglich/Cadish/Lee. 142 Nev. Adv. Opn. No. 17. En Banc. (SC).26-09022
03/19/2026RemittiturIssued Remittitur. (SC)26-12856
03/19/2026Case Status UpdateRemittitur Issued/Case Closed. (SC)
04/08/2026RemittiturFiled Remittitur. Received by District Court Clerk on 03/24/2026. (SC)26-12856
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