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United States Court Cases

Nevada Supreme/Appellate Court Record

NANOPIERCE TECHNOLOGIES VS. DEPOSITORY TRUST

Case Information: 45364
Short Caption:NANOPIERCE TECHNOLOGIES VS. DEPOSITORY TRUSTCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0401079Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:06/10/2005 / Eisenberg, RobertSP Status:Completed
Oral Argument:02/06/2007 at 2:00 PMOral Argument Location:Carson City
Submission Date:02/06/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/03/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lionel Sawyer & Collins--check no. 029865.
06/03/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 05-10914
06/10/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert Eisenberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/20/2005Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 05-12111
06/22/2005Notice/IncomingFiled Proof of Service. of Docketing Statement Civil Appeals. 05-12305
07/01/2005Settlement Program ReportFiled Interim Settlement Program Report. This appeal should be removed from the program. 05-13132
07/12/2005Settlement Order/Procedural Order Removing From Settlement Program/Briefing Reinstated. and Reinstating Briefing. Pursuant to the recommendation of the settlement judge and good cause appearing, this appeal is removed from the settlement conference program. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-13768
08/15/2005Notice/OutgoingIssued Notice to File Transcript Request. Due Date: 10 days.
08/24/2005Transcript RequestFiled Certificate of No Transcript Request. 05-16775
09/06/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 02/16/05. To Court Reporter: 05-17574
09/06/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: To Court Reporter: Molezzo Reporters. 05-17574
09/06/2005Notice/IncomingFiled Notice. Notice Pursuant to NRAP 9(a)(2). 05-17573
09/30/2005MotionFiled Stipulation and Order. Brief due: November 9, 2005. 05-19449
11/09/2005MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. 05-22123
11/09/2005BriefFiled Opening Brief. 05-22126
11/09/2005AppendixFiled Joint Appendix. Vols. 1 through 10. 05-22127
11/23/2005Notice/IncomingFiled Errata. Errata to Appellants' Opening Brief. 05-23089
11/29/2005AppendixFiled Appendix to Opening Brief. Vol. 11. 05-23459
11/29/2005MotionFiled Stipulation and Order. Brief due: January 9, 2006. 05-23462
01/09/2006BriefFiled Answering Brief. 06-00605
01/09/2006MotionFiled Motion. Respondent's Request for Judicial Notice. 06-00606
02/03/2006MotionFiled Stipulation and Order. Brief due: March 10, 2006. 06-02532
02/06/2006MotionFiled Motion. Motion of the Securities and Exchange Commission for Leave to File Brief Amicus Curiae. 06-02585
02/22/2006MotionFiled Motion. Appellant's Provisional Request that the Court Consider Controverting Amicus Curiae Filings. 06-03845
02/27/2006MotionFiled Response to Motion. Respondent's Opposition to Appellants' "Provisional Request" for Amicus Curiae Filings. 06-04512
03/07/2006MotionFiled Motion to Extend Time. 06-04956
03/07/2006Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Reply in Support of Appellants' Provisional Request that the Court Consider Controverting Amicus Curiae Filings."
03/10/2006MotionFiled Motion for Permission to File Document. Motion for Permission to File Reply in Support of Appellants' Provisional Request that the Court Consider Controverting Amicus Curiae Filings. 06-05258
03/13/2006MotionFiled Response to Motion. for reply brief 06-05349
03/30/2006Order/ProceduralFiled Order. The parties have included the transcript in their joint appendix. Accordingly, Molezzo Reporters is not required to file the February 16, 2005, transcript in this court. We grant the motion of respondents and we will take judicial notice of the documents attached to respondents' motion filed January 9, 2006, to the extent we find them helpful to our resolution of this appeal. fn2[The copy of Exhibit A ends in the middle of a sentence. Respondents shall file a complete copy of the order in this court within 5 days.] We grant SEC's motion. The clerk shall file the amicus curiae brief received on February 6, 2006. We grant appellants' motion to file a reply. The clerk shall file the reply received on March 10, 2006. Having considered the provisional request, the opposition thereto, and the reply, and cause appearing, we deny appellants' 'provisional request.' We grant the extension motion to file the reply brief. Appellants shall have 30 days to file a single reply brief that responds to both respondents' answering brief and SEC's amicus curiae brief. 06-06717
03/30/2006BriefFiled Amicus Brief. Brief of the Securities and Exchange Commission. 06-02587
03/30/2006MotionFiled Reply to Response. Reply in Support of Appellants' Provisional Request that the Court Consider Controverting Amicus Curiae Filings. 06-05260
04/06/2006Notice/IncomingFiled Errata. Errata to Respondent's Request for Judicial Notice. 06-07294
05/02/2006MotionFiled Motion and Order/Excess Pages. Granted: 41 pages. 06-09199
05/02/2006BriefFiled Reply Brief. Appellants' Consolidated Reply Brief and Response to the Brief of the Securties and Exchange Commission, Amicus, Curiae, on the Issue Addressed. 06-09200
05/04/2006MotionFiled Motion. National Coalition Against Naked Shortselling. 06-09353
05/05/2006MotionFiled Motion. Motion of Amicus Curiae North American Securities Administrators Association, Inc., for Leave to file Brief in Support of Appellants. 06-09500
05/05/2006BriefReceived Amicus Brief. Brief of Amicus Curiae North American Securities Administrators Association, Inc.clerk1 07/11/06 Order: filed amicus brief.jcr 06-09501
05/08/2006MotionFiled Response to Motion. Respondent's Opposition and Response to the Motions Filed by (1) North American Securities Administrators Association and (2) National Coalition Against Naked Short-Selling Seeking Leave to File Amicus Curiae Briefs. 06-09671
05/15/2006Letter/IncomingFiled Letter. from Brian G. Cartwright of the Securities and Exchange Commission in response to the Amicus Curiae Brief of the Northern American Securities Administrators.clerk5 07/11/06 order: returned unfiled.jcr 06-10108
05/23/2006MotionFiled Motion to Strike. Motion to Strike Unsolicited Letter Submitted by the General Counsel for the Securities and Exchange Commission. 06-10792
07/11/2006Order/ProceduralFiled Order. Filing Amicus Curiae Briefs. The clerk shall file the proposed amicus briefs submitted on May 4, 2006, and May 5, 2006.Respondents shall have 30 days from the date of this order to file a single brief responding to the briefs of NCANS and NASAA. The clerk shall return the letter received on May 15, 2006, unfiled, to SEC. As SEC's letter has not been filed, appellants' motion to strike it is denied as moot. 06-14263
07/11/2006BriefFiled Amicus Brief. National Coalition Against Naked Shortselling. 06-09354
07/11/2006BriefFiled Amicus Brief. Brief of Amicus Curiae North American Securities Administrators Association, Inc. 06-09501
07/11/2006Other Returned Unfiled Document. Letter from Brian G. Cartwright of the Securities and Exchange Commission in response to the Amicus Curiae Brief of the Northern American Securities Administrators received on May 15, 2006 to SEC.
07/19/2006Notice/IncomingFiled Errata. to Brief of Amicus Curiae North American Securites Administrators Association. 06-15014
08/01/2006BriefFiled Supplemental Brief. Respondents' Supplemental Brief in Response to the Amicus Curiae Briefs of NASAA and NCANS. 06-15984
11/28/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 6, 2007, at 2:00 p.m. (En Banc)
01/19/2007BriefFiled Supplemental Authorities. Appellants. 07-01483
01/23/2007Notice/OutgoingIssued Oral Argument Reminder Notice.
01/25/2007BriefFiled Supplemental Authorities. Respondent's Response to Appellants' Supplemental Memorandum. 07-02055
01/26/2007MotionFiled Motion. Motion of the Securities and Exchange Commission, Amicus Curiae, for Leave to Participate in Oral Argument. 07-02085
01/29/2007MotionFiled Motion. to Extend Length of Oral Argument to Permit the North American Securities Administrators Association, Inc. ("NASAA") to also Participate in Oral Argument. 07-02269
01/31/2007MotionFiled Motion. Motion of Amicus Curiae North American Securities Administrators Association, Inc., for Leave to Participate in Oral Argument. 07-02523
02/01/2007Notice/IncomingFiled Proof of Service. of Motion of Amicus Curiae. 07-02589
02/02/2007Order/ProceduralFiled Order. Allowing Amicus Curiae to Participate in Oral Argument. We further grant appellants' motion to increase oral argument to 60 minutes. Counsel for appellants and respondents are each allowed 20 minutes to present their arguments and the Securities and Exchange Commission and the NASAA are allowed 10 minutes each. 07-02790
02/06/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
06/22/2007MotionFiled Motion. Respondents' Motion for Leave of Court to File Statement of Supplemental Authorities. 07-13730
06/22/2007BriefReceived Supplemental Authorities. 07-13732
07/02/2007MotionFiled Response to Motion. Appellant's Response and Opposition to Respondent's Motion for Leave of Court to File Statement of Supplemental Authorities. 07-14380
09/20/2007Opinion/DispositionalFiled Authored Opinion. "Affirmed." fn1-[We direct the clerk to file respondents' Statement of Supplemental Authorities, provisionally received on June 22, 2007.] Before the Court EN BANC. Author: Saitta, Nancy M.. Majority: Saitta/Maupin/Gibbons/Parraguirre/Cherry. Concur/Dissent: Hardesty/Douglas. 123 Nev. Adv. Opn. No. 38. EN BANC. 07-20741
09/20/2007BriefFiled Supplemental Authorities. Respondents' Statement of Supplemental Authorities. 07-13732
10/08/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from Lionel Sawyer & Collins--check no. 032364.
10/08/2007Post-Judgment PetitionFiled Petition for Rehearing. and/or Clarification. 07-22120
11/05/2007Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing is not warranted." NRAP 40(c). 07-24140
11/30/2007RemittiturIssued Remittitur. 07-25864
11/30/2007Case Status Update Remittitur Issued/Case Closed.
12/06/2007RemittiturFiled Remittitur. Received by County Clerk on December 3, 2007. 07-25864
12/26/2007Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. On December 14, 2007, Justice Kennedy granted an extension of time to file a petition for a writ of certiorari to and including February 4, 2008. 07-27996
02/13/2008Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed February 4, 2008 and placed on the docket as Case No. 07-1006. 08-03683
05/19/2008Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 08-12503