WILSON, P.E. VS. PAHRUMP FAIR WATER, LLC , 2021 NV 2 ( 2021 )

77722: Case View

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Cases Case Search Participant Search 21-05563: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 77722 Short Caption: WILSON, P.E. VS. PAHRUMP FAIR WATER, LLC Court: Supreme Court Lower Court Case(s): Nye Co. - Fifth Judicial District - CV39524 Classification: Civil Appeal - Administrative Agency - General Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Exempt Oral Argument: 11/05/2019 at 10:00 AM Oral Argument Location: Carson City Submission Date: 11/05/2019 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae Nevada Groundwater Association Gregory H. Morrison (Parsons Behle & Latimer/Reno) Jesse J. Richardson Amicus Curiae Water Systems Council Gregory H. Morrison (Parsons Behle & Latimer/Reno) Jesse J. Richardson Appellant Tim Wilson, P.E. James N. Bolotin (Attorney General/Carson City) Respondent Bruce Jabeour David H. Rigdon (Taggart & Taggart, Ltd.) Paul G. Taggart (Taggart & Taggart, Ltd.) Respondent Gerald Schulte David H. Rigdon (Taggart & Taggart, Ltd.) Paul G. Taggart (Taggart & Taggart, Ltd.) Respondent Michael Lach David H. Rigdon (Taggart & Taggart, Ltd.) Paul G. Taggart (Taggart & Taggart, Ltd.) Respondent Pahrump Fair Water, LLC David H. Rigdon (Taggart & Taggart, Ltd.) Paul G. Taggart (Taggart & Taggart, Ltd.) Respondent Paul Peck David H. Rigdon (Taggart & Taggart, Ltd.) Paul G. Taggart (Taggart & Taggart, Ltd.) Respondent Steven Peterson David H. Rigdon (Taggart & Taggart, Ltd.) Paul G. Taggart (Taggart & Taggart, Ltd.) Docket Entries Date Type Description Pending? Document 12/21/2018 Filing Fee Appeal Filing Fee Waived. State/County/Municipality. (SC) 12/21/2018 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 18-909994 12/21/2018 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) 18-909997 12/24/2018 Settlement Notice Issued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellant: 15 days transcript request form; 120 days opening brief. (SC). 18-910192 01/02/2019 Motion Filed Appellant's Emergency Motion Under NRAP 27(e) For Stay of District Court's Order Granting Petition for Judicial Review Pending Appeal Pursuant to NRAP 8(a)(2) and Request for Administrative Stay Pending Decision on Underlying Motion for Stay. (SC) 19-00237 01/03/2019 Docketing Statement Filed Appellant's Docketing Statement Civil Appeals. (SC) 19-00261 01/03/2019 Order/Procedural Filed Order Granting Temporary Stay and Directing Expedited Response. We stay enforcement of the district court's December 6, 2018, order granting judicial review and reversing State Engineer Order 1293A, pending further order of this court. Respondents shall have until 4:00 p.m. on January 9, 2019, to file and serve a response to the motion for stay. Respondents' response shall be filed personally or by facsimile or electronic transmission with the clerk of this court in Carson City. No extensions of time will be granted. (SC). 19-00385 01/03/2019 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 11/08/18. To Court Reporter: Deborah Ann Hines. (SC) 19-00411 01/09/2019 Motion Filed Respondents' Opposition To Emergency Motion Under NRAP 27(E) For Stay Of District Court's Order Granting Petition For Judicial Review Pending Appeal Pursuant To NRAP 8(A)(2) And Request For Administrative Stay Pending Decision on Underlying Motion for Stay. (SC) 19-01311 01/10/2019 Motion Filed Appellant's Reply in Support of State Engineer's Emergency Motion Under NRAP 27(e) for Stay of District Court's Order Granting Petition for Judicial Review Pending Appeal Pursuant to NRAP 8(a)(2). (SC) 19-01594 01/11/2019 Order/Procedural Filed Order Granting Stay and Expediting Appeal. we grant appellant's motion and stay enforcement of the district court's December 6, 2018, order granting judicial review and reversing State Engineer Order 1293A, pending further order of this court. Appellant shall have until February 15, 2019, to file and serve the opening brief and appendix. Briefing shall thereafter proceed in accordance with NRAP 31(a)(1), but no extensions of time will be granted absent extreme and unforeseeable circumstances. (SC) 19-01782 01/18/2019 Notice/Incoming Filed Notice of Substitution of Appellant Jason King, Nevada State Engineer. (SC) 19-02964 01/28/2019 Order/Procedural Filed Order of Substitution. Pursuant to the motion of substitution filed on January 18, 2019, Tim Wilson, P.E., is substituted in this matter in place of Jason King, P.E., as Nevada State Engineer. The clerk shall amend the caption accordingly. (SC). 19-04308 02/15/2019 Appendix Filed Joint Appendix - Vol. I. (SC) 19-07462 02/15/2019 Appendix Filed Joint Appendix - Vol. II. (SC) 19-07463 02/15/2019 Appendix Filed Joint Appendix - Vol. III. (SC) 19-07464 02/19/2019 Brief Filed Appellant's Opening Brief. (SC) 19-07532 02/19/2019 Appendix Filed Joint Appendix - Vol. IV. (SC) 19-07544 02/19/2019 Appendix Filed Joint Appendix - Vol. V. (SC) 19-07545 02/19/2019 Appendix Filed Joint Appendix - Vol. VI. (SC) 19-07547 02/19/2019 Appendix Filed Joint Appendix - Vol. VII. (SC) 19-07549 02/19/2019 Appendix Filed Joint Appendix - Vol. VIII. (SC) 19-07580 02/19/2019 Appendix Filed Joint Appendix - Vol. IX. (SC) 19-07581 02/19/2019 Appendix Filed Joint Appendix - Vol. X. (SC) 19-07588 02/19/2019 Appendix Filed Joint Appendix - Vol. XI. (SC) 19-07595 02/19/2019 Appendix Filed Joint Appendix - Vol. XII. (SC) 19-07612 02/19/2019 Appendix Filed Joint Appendix - Vol. XIII. (SC) 19-07619 02/19/2019 Appendix Filed Joint Appendix - Vol. XIV. (SC) 19-07620 03/21/2019 Brief Filed Respondents' Answering Brief (REJECTED PER NOTICE ISSUED ON 3/22/19). (SC) 03/22/2019 Notice/Outgoing Issued Notice of Deficient Brief. Corrected Answering Brief due: 5 days. (SC) 19-12767 03/22/2019 Motion Filed Motion of the Nevada Groundwater Association and Water Systems Council for Leave to File Amicus Curiae Brief in Support of Respondents. (SC) 19-12814 03/22/2019 Motion Filed Motion to Associate Counsel (Jesse J. Richardson Jr. for Amici Water Systems Council and the Nevada Groundwater Association). (SC) 19-12816 03/26/2019 Brief Filed Respondents' Answering Brief. (SC) 19-13403 03/28/2019 Brief Filed Amicus Brief of the Nevada Groundwater Association and Water Sytems Council (REJECTED PER NOTICE ISSUED ON 03/28/19). (SC) 03/28/2019 Brief Filed Amended Amicus Brief of the Nevada Groundwater Association and Water Systems Council (REJECTED PER NOTICE ISSUED ON 03/28/19). (SC) 03/28/2019 Notice/Outgoing Issued Notice of Deficient Brief. Corrected Amicus Brief due: 5 days. (SC) 19-13856 03/29/2019 Brief Filed Second Amended Amicus Brief of the Nevada Groundwater Association and Water Systems Council. (SC) 19-13910 03/29/2019 Motion Filed Appellant's Response to Motion of the Nevada Groundwater Association and Water Systems Council for Leave to File Amicus Curiae Brief in Support of Respondents. (SC) 19-13986 04/04/2019 Order/Procedural Filed Order Granting Motion. Nevada Groundwater Association and Water Systems Council have filed a motion for leave to file an amicus brief in support of respondents. Having reviewed the proposed brief and appellant's response, the motion is granted. The second amended amicus brief was filed on March 29, 2019. Amici have also filed a motion to associate attorney Jesse J. Richardson Jr., pursuant to SCR 42. Mr. Richardson shall be permitted to appear on behalf of amici curiae in this matter. Nevada attorney Gregory H. Morrison of Parsons Behle & Latimer shall be responsible for all matters presented by Mr. Richardson in this appeal. (SC) 19-14692 04/25/2019 Brief Filed Appellant's Reply Brief. (SC) 19-18320 04/26/2019 Case Status Update Briefing Completed/To Screening. (SC) 09/25/2019 Notice/Incoming Filed Attorney James N. Bolotin's Notice of Unavailability for Oral Argument During Certain Periods of Time. (SC) 19-39863 10/09/2019 Order/Procedural Filed Order Scheduling Oral Argument. The clerk shall schedule this matter for oral argument before the en banc court on November 5, 2019, at 10:00 a.m. in Carson City. The argument shall be limited to 30 minutes. (SC) 19-41892 10/15/2019 Notice/Incoming Filed Respondents' Erratum to Answering Brief. (SC) 19-42581 10/21/2019 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 19-43421 10/29/2019 Notice/Incoming Filed Respondents' Notice of Supplemental Authority (NRAP 31(e)). (SC) 19-44490 11/05/2019 Order/Procedural Filed Notice of Voluntary Disclosure. I have no bias in favor of or against any of the parties to this litigation. However, if any party wishes that I recuse from further participation in this case, you may file a request that I do so with the Supreme Court Clerk within the next ten (10) calendar days from November 5, 2019. (C.J. Gibbons) (SC) 19-45366 11/05/2019 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. (SC) 02/25/2021 Opinion/Dispositional Filed Authored Opinion. "Reversed and remanded with instructions." Before the Court En Banc. Author: Pickering, J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Silver/Pickering/Herndon. 137 Nev. Adv. Opn. No. 2. En Banc. (SC). 21-05563 03/22/2021 Remittitur Issued Remittitur. (SC) 21-08089 03/22/2021 Case Status Update Remittitur Issued/Case Closed. (SC) 04/09/2021 Remittitur Filed Remittitur. Received by County Clerk on March 29, 2021. (SC) 21-08089 Combined Case View