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Case Information: 87794
Short Caption:HERNANDEZ VS. THE HOME DEPOT, INC. (NRAP 5)Court:Supreme Court
Lower Court Case(s):NONEClassification:Original Proceeding - NRAP 5 - U.S. District Court
Disqualifications:Case Status:Briefing Completed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/21/2023Filing FeeFiling Fee due for Appeal. (SC).
12/21/2023Order/IncomingFiled Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada and the Honorable Andrew P. Gordon, U.S. District Court Judge. (SC).Y23-41454
02/23/2024Order/ProceduralFiled Order Accepting Certified Question, Directing Briefing and Directing Submission of Filing Fee. Appellant shall have 30 days from the date of this order to file and serve an opening brief. Respondent Ridge Tool Company shall have 30 days from the date the opening brief is served to file and serve an answering brief. Appellant shall then have 21 days from the date the answering brief is served to file and serve any reply brief. The parties' briefs shall comply with NRAP 28, 28.2, 31(c), and 32. See NRAP 5(g)(2). The parties may file a joint appendix containing any portions of the record before the U.S. District Court that are necessary to this court's resolution of the certified questions. Lastly, in any proceeding under NRAP 5, fees "shall be the same as in civil appeals . . . and shall be equally divided between the parties unless otherwise ordered by the certifying court." NRAP 5(e). The U.S. District Court's order does not address the payment of this court's fees. Accordingly, appellant and Ridge Tool Company shall each tender to the clerk of this court, within 14 days from the date of this order, the sum of $125, representing half of the filing fee. fn1[Although Home Depot is listed as a respondent, it does not appear that Home Depot is involved with the issues that generated the certified question. We will presume that Home Depot does not wish to be involved in this matter unless notified otherwise by the time an answering brief is due.] En Banc (SC)24-06524
03/11/2024Filing FeeFiling Fee Paid. $125.00 from Law Office of David Sampson. Check no. 3503. (SC)
03/11/2024Filing FeeFiling Fee Paid. $125.00 from Wilson, Elser, Moskowitz, Edelman & Dicker LLP. Check no. 021607. (SC)
03/12/2024MotionFiled Appellant's Motion for Extension of Time to File Appellant's Opening Brief and Appendix(SC)(First Request)(SC)24-08792
03/12/2024Notice/OutgoingIssued Notice Motion/Stipulation Approved "Opening Brief and Appendix Due date: 04-24-24(SC)24-08820
04/22/2024Notice/IncomingFiled Notice of Appearance of Amicus Counsel(Tom W. Stewart and Matthew L. Sharp for Amicus Nevada Justice Association)(SC)24-14021
04/22/2024MotionFiled Amicus Curiae Motion for Extension of Time to File Amicus Brief of the Nevada Justice Association(First Request)(SC)24-14026
04/23/2024BriefFiled Appellant's Opening Brief (REJECTED PER NOTICE ISSUED ON 04-23-2024)(Appendix attached to Brief)(SC)
04/23/2024Notice/OutgoingIssued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. "Opening Brief and Appendix Due date:04-29-2024(SC)24-14195
04/24/2024MotionFiled Respondents The Home Depot, Inc., and Ridge Tool Company's Opposition to Motion for Extension of Time to File Amicus Brief of the Nevada Justice Association(SC)24-14260
04/26/2024AppendixFiled Appellant's Appendix Volume 1(SC)24-14673
04/26/2024BriefFiled Appellant's Opening Brief(SC)24-14674
05/10/2024Order/ProceduralFiled Order Granting Motion. Proposed amicus Nevada Justice Association (NJA) has filed a motion for an extension of time to file its motion for leave to file an amicus brief in support of appellant. Respondents oppose the motion. Having reviewed the parties' arguments, this court grants NJA's motion to the following extent. NJA shall have until May 28, 2024, to file and serve its motion for leave to file an amicus brief, accompanied by the proposed brief. (SC)24-16462
05/28/2024BriefFiled Respondent's Answering Brief(SC)24-18441
05/28/2024AppendixFiled Respondent's Appendix (SC)24-18443
05/28/2024MotionFiled Motion for Leave to File Amicus Brief of the Nevada Justice Association. (DETACHED BRIEF AND FILED PER 6/7/24 ORDER). (SC)24-18485
05/30/2024MotionFiled Respondents' (The Home Depot, Inc. and Ridge Tool Company) Response to Motion for Leave to File Amicus Brief of the Nevada Justice Association. (SC)24-18907
05/30/2024MotionFiled Respondents' (The Home Depot, Inc. and Ridge Tool Company) Motion for Leave to File Response to Brief. (SC)24-18908
06/03/2024Notice/IncomingFiled Notice of Appearance of Amicus Amicus CuriaeProduct Liability Advisory Council, Inc. and Skylar Nicole Arakawa-Pamphilon (Snell & Wilmer, LLP/Las Vegas) & Chad R. Fears (Evans Fears & Schuttert LLP) in Support of Respondent)(SC)24-19375
06/03/2024MotionFiled Amicus Curiae Motion of Products Liability Advisory Council, Inc. For Leave to File Amicus Curiae Brief in Support of Respondent (BRIEF DETACHED AND FILED PER 6/7/24 ORDER). (SC)24-19413
06/07/2024Order/ProceduralFiled Order Granting Motion. Proposed amicus Nevada Justice Association (NJA) has filed a motion requesting leave to file an amicus brief in support of appellant. Respondents do not oppose the motion and have moved for leave to conditionally file a response to NJA's brief should they deem that a response is appropriate and necessary, and for an extension until June 28, 2024, to file any response. The motion is granted. The clerk of this court shall detach the proposed brief from NJA's motion filed on May 28, 2024, and shall file it separately. Respondents shall have until June 28, 2024, to file any response to NJA's brief, which shall not exceed 7,000 words. Proposed amicus curiae The Product Liability Advisory Counsel, Inc. (PLAC) has filed a motion for leave to file a brief of amicus curiae in support of respondents. The motion is granted. The clerk of this court shall detach the amicus brief from the motion filed on June 3, 2024, and shall file it separately. (SC)24-19960
06/07/2024BriefFiled Amicus Brief of the Nevada Justice Association. (SC)24-19964
06/07/2024BriefFiled Products Liability Advisory Council, Inc. Amicus Curiae Brief in Support of Respondent. (SC)24-19966
06/12/2024BriefFiled Appellant's Reply Brief (SC)24-20477
06/13/2024Case Status UpdateBriefing Completed. (SC).
06/27/2024BriefFiled Respondent's Brief in Response to Amicus Brief Submitted by the Nevada Justice Association (SC)24-22440
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