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Case Information: 88557
Short Caption:DAILYPAY, INC. VS. AGUILAR (BALLOT ISSUE)Court:Supreme Court
Related Case(s):88526
Lower Court Case(s):Carson City - First Judicial District - 24 OC 00021 1BClassification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
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
04/26/2024Filing FeeFiling Fee due for Appeal. Check forwarded by District Court. (SC)
04/26/2024Notice of Appeal DocumentsFiled Notice of Appeal (DailyPay, Inc.). Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.). (SC)24-14632
04/26/2024Notice/OutgoingIssued Notice of Exemption from Settlement Program/File Documents. Transcript request due: 14 days. Opening brief due: 120 days. (SC)24-14634
04/29/2024Filing FeeFiling Fee Paid. $250.00 from Holland & Hart LLP. Check no. 66009783. (SC)
05/08/2024Filing FeeFiling Fee due for Appeal. NFC & Bauer. (SC)
05/08/2024Notice of Appeal DocumentsFiled Notice of Appeal (NFC & Bauer). Appeal docketed in the Supreme Court this day. (SC)24-16118
05/08/2024Notice/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)24-16123
05/08/2024Transcript RequestFiled Appellant's (DailyPay, Inc.) Certificate of No Transcript Request. (SC)24-16176
05/09/2024Filing FeeE-Payment $250.00 from Daniel Ross Brady. (NFC & Bauer) (SC)
05/10/2024Filing FeeFiling Fee due for Appeal (Activehours, Inc. & Press). (SC)
05/10/2024Notice of Appeal DocumentsFiled Notice of Appeal. (Activehours, Inc. & Press) Appeal docketed in the Supreme Court this day. (SC)24-16400
05/10/2024Notice/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)24-16403
05/10/2024BriefFiled (DailyPay, Inc.) Answering Brief (REJECTED PER NOTICE FILED ON 5/13/2024). (SC)
05/13/2024Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)24-16597
05/13/2024Filing FeeFiling Fee Paid (Activehours, Inc. & Stacy Press). $250.00 from Kaempfer Crowell LTD. Check no. 0860. (SC)
05/13/2024Order/ProceduralFiled Order. Nevadans for Financial Choice's and Christina Bauer's appeal was docketed in this court on May 8, 2024. Activehours, Inc.'s, and Stacy Press' appeal was docketed in this court on May 10, 2024. These appellants shall have 14 days from the date of this order to file and serve a transcript request form or a certificate that no transcripts are being requested. See NRAP 9. These appellants shall have 21 days from the date of this order to file and serve the docketing statement. Appellant DailyPay, Inc., is reminded that its docketing statement is due to be filed by May 17, 2024. All appellants shall have until August 26, 2024, to file and serve their opening briefs. Respondents shall have 30 days from service of the last filed opening brief to file and serve a single answering brief. (SC)24-16766
05/14/2024Filing FeeFiling Fee due for Appeal. (PCF & Alliance). Check Forwarded by District Court. (SC)
05/14/2024Notice of Appeal DocumentsFiled Notice of Appeal (PCF & Alliance). Appeal docketed in the Supreme Court this day. (SC)24-16805
05/14/2024Order/ProceduralFiled Order. Preferred Capital Funding Nevada's and Alliance for Responsible Consumer Legal Funding's appeal was docketed in this court on May 14, 2024. These appellants shall have 14 days from the date of this order to file and serve a transcript request form or a certificate that no transcripts are being requested. These appellants shall have 21 days from the date of this order to file and serve the docketing statement. All appellants shall have until August 26, 2024, to file and serve their opening briefs. Respondents shall have 30 days from service of the last filed opening brief to file and serve a single answering brief that addresses all issues raised in the opening briefs. (SC)24-16869
05/15/2024Filing FeeFiling Fee Paid (PCF & Alliance). $250.00 from Sorokac Law Office, Pllc. Check no. 4411. (SC)
05/17/2024Docketing StatementFiled Appellant's (DailyPay, Inc.) Docketing Statement. (SC)24-17423
05/28/2024Transcript RequestFiled Appellants' (Preferred Capital Funding and Alliance for Responsible Consumer Legal Funding) Certificate of No Transcript Request. (SC)24-18474
05/28/2024Transcript RequestFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Certificate of No Transcript Request. (SC)24-18591
05/29/2024MotionFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Motion for Summary Reversal Or, in the Alternative, Munsingwear Vacatur. (SC)24-18802
06/03/2024MotionFiled Respondents' (Kate Feldman and Stop Predatory Lending NV) Response to Motion for Summary Reversal or Vacatur. (SC)24-19390
06/03/2024Docketing StatementFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Docketing Statement. (SC)24-19439
06/04/2024Docketing StatementFiled Appellants' (Activehours Inc. and Stacy Press) Docketing Statement (REJECTED PER NOTICE FILED ON 6/5/2024). (SC)
06/04/2024Docketing StatementFiled Appellants' (Alliance for Responsible Consumer Legal Funding and Preferred Capital Funding Nevada, LLC) Docketing Statement. (SC)24-19619
06/05/2024Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)24-19630
06/05/2024Docketing StatementFiled Appellant's (Activehours Inc. and Stacy Press) Docketing Statement (SC)24-19736
06/05/2024MotionFiled Motion for Extension of Time to File Docketing Statement(SC)24-19737
06/07/2024MotionFiled Appellant DailyPay, Inc.'s Limited Non-Opposition to Motion for Summary Reversal(SC)24-20014
06/10/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants Christina Bauer and Nevadans for Financial Choice shall have until June 24, 2024, to file and serve the reply to respondents' response to motion for summary reversal or vacatur. (SC)24-20124
06/10/2024MotionFiled Respondent's Motion To Strike Appellant Daily Pay Inc's Limited Non-Opposition To Motion For Summary Reversal (SC)24-20185
06/10/2024MotionFiled Respondent's Motion For Expedited Consideration Of Appeal(SC)24-20190
06/11/2024MotionFiled Appellant DailyPay, Inc.'s Opposition to Respondents' Motion to Strike(SC)24-20293
06/12/2024MotionFiled Appellant Preferred Capital Funding Nevada, LLC and Alliance For Responsible Consumer Legal Funding's Response to Respondents' Motion for Expedited Consideration of Appeal(SC)24-20492
06/17/2024MotionFiled Appellants Activehours, INC.'S and Stacy Press; Response to Respondents' Motion for Expedited Consideration of Appeal. (SC)24-21097
06/18/2024MotionFiled Respondent's Reply in Support of Motion for Expedited Consideration of Appeal(Immediate Consideration Request(SC)24-21126
06/24/2024MotionFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Reply in Support of Motion for Summary Reversal Or, in the Alternative, Munsingwear Vacatur (REJECTED PER NOTICE FILED ON 6/26/2024). (SC)
06/26/2024Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)24-22157
06/26/2024MotionFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Reply in Support of Motion for Summary Reversal Or, in the Alternative, Munsingwear Vacatur. (SC)24-22172
07/11/2024Order/ProceduralFiled Order Regarding Motions. Appellants Nevadans for Financial Choice and Christina Bauer (collectively hereinafter, NFC) have filed a motion for summary reversal or, alternatively, for vacatur pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950). Having considered the motion, the opposition filed by respondents Kate Feldman and Stop Predatory Lending NV (collectively hereinafter, Feldman), and NFC's reply, this court is not convinced that summary reversal is warranted or that this appeal is moot and vacatur of the district court order is warranted at this time. This court has also considered the limited non-opposition to NFC's motion filed by appellant DailyPay. To the extent the filing requests relief from this court, the request is denied. Feldman moves to expedite the briefing and processing of this appeal based on the short time frame available to collect signatures (until November 20, 2024). Appellants Activehours, Inc.; Stacy Press; Preferred Capital Funding Nevada, LLC; and Alliance for Responsible Consumer Legal Funding oppose the motion and Feldman has replied. This court is not convinced that the compressed briefing schedule suggested by Feldman is warranted where the challenged district court order rejected the legal challenges to Feldman's petition and nothing appears to prevent Feldman from collecting signatures while this appeal proceeds. Given the nature of the issues raised in this appeal, however, the motion is granted to the following extent. Appellants' opening briefs remain due to be filed by August 26, 2024. Respondents shall have 14 days from the date of service of the last-filed opening brief to file and serve their answering briefs. Appellants shall have 14 days from the date of service of the last-filed answering brief to file and serve any reply briefs. Motions for extensions of time to file briefs in this matter will be closely scrutinized and, upon completion of briefing, this court will expedite its consideration of this matter to the extent that its docket permits. This court will make a determination whether to schedule oral argument at a later date. fn1[The motion of appellants Activehours, Inc. and Stacy Press for an extension of time to file their docketing statement is granted. NRAP 14(d). The docketing statement was filed on June 5, 2024.] fn2[Feldman's motion to strike the limited non-opposition is denied.] (SC)24-24187
08/26/2024MotionFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Motion for Extension of Time to File Opening Brief. (STRICKEN PER 8/27/24 ORDER). (SC)
08/26/2024AppendixFiled Appellants' (JOINT) Appendix to Opening Brief - Vol. 1. (SC)24-30610
08/26/2024AppendixFiled Appellants' (JOINT) Appendix to Opening Brief - Vol. 2. (SC)24-30616
08/26/2024AppendixFiled Appellants' (JOINT) Appendix to Opening Brief - Vol. 3. (SC)24-30617
08/26/2024AppendixFiled Appellants' (JOINT) Appendix to Opening Brief - Vol. 4. (SC)24-30618
08/26/2024BriefFiled Appellants' (Activehours Inc. and Stacy Press) Opening Brief. (SC)24-30619
08/26/2024AppendixFiled Appellants' (JOINT) Appendix to Opening Brief - Vol. 5. (SC)24-30620
08/26/2024AppendixFiled Appellants' (JOINT) Appendix to Opening Brief - Chronological Index. (SC)24-30621
08/26/2024AppendixFiled Appellants' (JOINT) Appendix to Opening Brief - Alphabetical Index. (SC)24-30622
08/26/2024BriefFiled Appellant's (DailyPay Inc.) Opening Brief. (SC)24-30627
08/26/2024BriefFiled Appellants' (Alliance for Responsible Consumer Legal Funding and Preferred Capital Funding Nevada, LLC) Opening Brief. (SC)24-30637
08/27/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient "Motion for Extension of Time to File Opening Brief - First Request". Corrected motion due: 7 days. (SC)24-30848
08/27/2024MotionFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Corrected Motion for Extension of Time to File Opening Brief. (SC)24-30852
09/05/2024BriefFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Opening Brief. (SC)24-32263
09/09/2024BriefFiled Respondent (Francisco Aguilar) Limited Answering Brief. (SC)24-32764
09/11/2024Order/ProceduralFiled Order Granting Motion. The motion of appellants Nevadans for Financial Choice and Christina Bauer for an extension of time to file their opening brief is granted. The opening brief was filed on September 5, 2024. Respondents Kate Feldman and Stop Predatory Lending NV shall have until September 19, 2024, to file and serve their answering brief. (SC)24-33323
09/16/2024MotionFiled Respondents' (Stop Predatory Lending NV and Kate Feldman) Motion to Expedite Decision and Forego Oral Argument. (SC)24-34130
09/17/2024MotionFiled Appellant's (DailyPay, Inc.) Opposition to Respondents' Motion to Expedite and Forego Oral Argument. (SC)24-34328
09/17/2024BriefFiled Respondents' (Kate Feldman and Stop Predatory Lending NV) Omnibus Answering Brief. (SC)24-34359
09/18/2024MotionFiled Respondents' (Kate Feldman and Stop Predatory Lending NV) Reply In Support of Motion to Expedite Decision and Forego Oral Argument. (SC)24-34452
09/18/2024MotionFiled Appellants' (Preferred Capital Funding Nevada LLC. and Alliance for Responsible Consumer Legal Funding) Opposition to Respondents' Motion to Expedite Decision and Forego Oral Argument. (SC)24-34519
09/20/2024MotionFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) (1) Suggestion of Mootness and (2) Response to Respondents' Motion to Expedite Decision and Forego Oral Argument. (SC)24-34921
09/23/2024MotionFiled Appellants' (Active Hours, Inc. and Stacy Press) Joinder to Appellants' (Nevadans for Financial Choice and Christina Bauer) (1) Suggestion of Mootness and (2) Response to Respondents' Motion to Expedite Decision and Forego Oral Argument. (STRICKEN PER ORDER FILED ON 9/25/24) (SC)
09/25/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Joinder from Active Hours, Inc. and Stacy Press. Corrected Joinder due: 7 days from the date of this order. (SC)24-35734
09/27/2024Order/ProceduralFiled Order Denying Motion to Expedite Decision and Forego Oral argument. On September 16, 2024, respondents Kate Feldman and Stop Predatory Lending NV (collectively hereinafter, Feldman) filed a motion to expedite decision and forego oral argument. Having considered the motion, the oppositions thereto and the reply, this court is not convinced that further expediting of this appeal is warranted. On September 16, 2024, respondents Kate Feldman and Stop Predatory Lending NV (collectively hereinafter, Feldman) filed a motion to expedite decision and forego oral argument. Having considered the motion, the oppositions thereto and the reply, this court is not convinced that further expediting of this appeal is warranted. This court reiterates that it will only expedite its consideration of this matter to the extent that its docket permits. And again, as previously noted, this court will decide whether to schedule the matter for oral argument at a later date, once briefing is completed and the matter is reviewed on the merits. fn1[This court further declines appellants Christina Bauer and Nevadans for Financial Choice's invitation to issue an order to show cause regarding mootness. As appellants note, the deadline to obtain signatures is November 20, 2024; therefore, this appeal does not appear moot at this time.] (SC)24-36027
10/01/2024BriefFiled Appellants' (Nevadans for Financial Choice and Christina Bauer) Reply Brief (REJECTED PER PHONE CALL WITH ATTORNEY OFFICE). (SC)
10/01/2024BriefFiled Appellants' (Nevadans for Financial Choice and Christina Bauer) Reply Brief. (SC)24-36622
10/01/2024BriefFiled Appellant's (DailyPay, Inc.) Reply Brief. (SC)24-36647
10/01/2024BriefFiled (Active Hours Inc. and Stacy Press) Reply Brief. (STRICKEN PER ORDER FILED ON 10/2/24) (SC)
10/01/2024BriefFiled Appellants' (Alliance for Responsible Consumer Legal Funding and Preferred Capital Funding Nevada LLC) Reply Brief. (SC)24-36680
10/02/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Reply Brief. Corrected Brief from Active Hours Inc and Stacey Press due: 7 days from the date of this order. (SC)24-36838
10/03/2024BriefFiled Appellants' (Active Hours Inc. and Stacy Press) Reply Brief. (SC)24-37094
10/04/2024Case Status UpdateBriefing Completed/To Screening. (SC)
11/20/2024Notice/IncomingFiled Appellants' (Christina Bauer and Nevadans for Financial Choice) Notice Suggestion of Mootness. (SC)24-44300
11/21/2024Notice/IncomingFiled Appellant's (DailyPay Inc.) Suggestion of Mootness. (SC)24-44501
11/22/2024Notice/IncomingFiled Appellants' (Preferred Capital Funding Nevada, LLC and Alliance for Responsible Consumer Legal Funding) Joinder to Appellant DailyPay, Inc.'s Suggestion of Mootness. (SC)24-44836
11/22/2024Order/ProceduralFiled Order Directing Response. Appellants Christina Bauer, Nevadans for Financial Choice, and DailyPay have filed notices of suggestion of mootness asserting that respondents have not submitted any signatures to county clerks for verification by the deadline, as required by NRS 295.056, and therefore the appeal is moot. Respondents shall have 14 days to file simultaneous responses to appellants' notices filed on November 20 and 21, 2024, and demonstrate why this appeal should not be dismissed as moot. (SC)24-44847
12/05/2024MotionFiled Respondents' (Kate Feldman and Stop Predatory Lending NV) Response to Notices re: Mootness. (SC)24-46441
12/06/2024MotionFiled Appellant's (DailyPay, Inc.) Reply in Support of Notice of Mootness. (SC)24-46580
12/09/2024MotionFiled Appellant's (Christina Bauer and Nevadans for Financial Choice) Reply to Response to Notices re Mootness. (SC)24-46903
12/19/2024Order/DispositionalFiled Order Dismissing Appeal as Moot. "ORDER this appeal DISMISSED." EN BANC. (SC)24-48996
01/09/2025RemittiturIssued Remittitur.(SC)25-01177
01/09/2025Case Status UpdateRemittitur Issued/Case Closed.(SC)
01/15/2025RemittiturFiled Remittitur. Received by County Clerk on 1/13/25. (SC)25-01177