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United States Court Cases

Nevada Supreme/Appellate Court Record

ATTORNEY GENERAL VS. DIST. CT. (STATE) C/W 43882

Case Information: 43953
Short Caption:ATTORNEY GENERAL VS. DIST. CT. (STATE) C/W 43882Court:Supreme Court
Consolidated: 43882 *, 43953
Lower Court Case(s):Clark Co. - Eighth Judicial District - A463632Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/28/2005 at 1:30 PMOral Argument Location:Carson City
Submission Date:06/28/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/16/2004Filing Fee Filing Fee Waived.
09/16/2004Petition/WritFiled Petition for Writ of Mandamus or Prohibition. 04-17028
09/16/2004AppendixFiled Appendix to Petition for Writ. Volume 1 of 6. 04-17029
09/16/2004AppendixFiled Appendix to Petition for Writ. Volume 2 of 6. 04-23854
09/16/2004AppendixFiled Appendix to Petition for Writ. Volume 3 of 6. 04-23855
09/16/2004AppendixFiled Appendix to Petition for Writ. Volume 4 of 6. 04-23856
09/16/2004AppendixFiled Appendix to Petition for Writ. Volume 5 of 6. 04-23857
09/16/2004AppendixFiled Appendix to Petition for Writ. Volume 6 of 6. 04-23858
09/21/2004Order/ProceduralFiled Order/Answer Writ Petition. The real parties in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. 04-17477
10/01/2004Notice/IncomingFiled Notice. Notice of Related Case. 04-18204
10/21/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to File Response to State of Nevada's Petition for Writ of Prohibition and Petition for Writ of Mandamus. 04-19505
10/25/2004Petition/WritFiled Answer to Petition for Writ. Defendants'/Real Parties in Interest's Answer in Support of State's Petition for Writ of Mandamus and Prohibition (submitted Lionel Sawyer firm). 12/21/04 ORDER: STRICKEN.
10/28/2004MotionFiled Stipulation. Stipulation to Extend Time to File Response to State of Nevada's Petition for Writ of Prohibition and Petition for Writ of Mandamus. 04-19924
12/06/2004MotionFiled Motion. Request for Leave to File a Reply (submitted by Lionel Sawyer & Collins). 12/21/04 ORDER: DETACHED EXHIBIT "A" AND RETURNED UNFILED. 04-22236
12/17/2004MotionFiled Response to Motion. Realtor's Opposition to Certain Defendant's Request for Leave to File a Reply. 04-23000
12/21/2004Order/ProceduralFiled Order. Order Striking Answers and Determining Motions. These original petitions for writs of mandamus and/or prohibition challenge district court orders denying petitioners' motions to dismiss the real parties in interest's false claim actions. In both matters, this court directed the real parties in interest to file answers, on behalf of each petition's respective respondents, against issuance of the requested writs. (Docket Nos. 43882 and 43953). Docket No. 43953. In the district court actions underlying Docket No. 43953, false claim actions were instigated by the State of Nevada ex rel. Beeler, Schad & Diamond, P.C., against the other parties named as real parties in interest to this petition. The State of Nevada, through the Attorney General's Office, filed the writ petition. On October 21, 2004, Beeler, Schad & Diamond filed a motion to extend the time in which to file an answer in response to this court's order; this court received its proposed answer on November 22, 2004. On October 25, 2004, the other named real parties in interest, defendants in the district court actions, filed an answer in support of the Attorney General's requested writ. Certain of those district court defendants filed a December 6, 2004 motion for leave to respond to Beeler, Schad & Diamond's proposed answer. It appears that the interests of the district court defendants, currently listed as real parties in interest, are aligned with those of petitioner, the Attorney General. We direct the clerk of this court to (1) modify the caption on this court's docket in No. 43953 to conform to the caption for Docket No. 43953 on this order, and (2) strike the October 25 answer in support of the writ petition in Docket No. 43953. The district court defendants, should they decide that their involvement in these proceedings is warranted, may, within 10 days of the date of this order, file a joinder to the petition, including points and authorities. Real party in interest Beeler, Schad & Diamond, on behalf of respondents, may file an answer, including authorities, in response to any joinder filed by the district court defendants within 20 days from the date that any joinder is filed and served. We grant Beeler, Schad & Diamond's October 21 motion to extend the time in which to file an answer to the petition in Docket No. 43953. fn1[In light of this order, the October 28, 2004 stipulation to extend time, in Docket No. 43953, is moot.] The clerk of this court shall file Beeler, Schad & Diamond's answer, styled 'Relator's Response,' provisionally received by this court on November 22, 2004. In light of this order, the 'certain' district court defendants' December 6, 2004 motion for leave to respond to Beeler, Schad & Diamond's answer, styled 'request for leave to file a reply,' is denied. fn3[ The clerk shall detach and return, un-filed, the proposed response, styled 'certain defendants' reply in support of State's petition' and attached as exhibit A to the December 6, 2004 motion.] Nos. 43882/ 43953 cases are not consolidated. 04-23227
12/21/2004MotionFiled Answer to Petition for Writ -Relator's Response to Attorney General's Petition for Writ of Mandamus and Writ of Prohibition. 04-21413
12/21/2004Notice/OutgoingIssued Letter. to attorney Sarah E. Harmon. Detached and returned, unfiled, "The proposed response, styled certain defendants' reply in support of State's petition and attached as exhibit A to the December 6, 2004 motion."
12/29/2004MotionFiled Motion. Attorney General's Joinder in Support of Petition for Writ of Mandamus. Nos. 43882/43953 - not consolidated. 04-23693
12/29/2004AppendixFiled Appendix. Attorney General's Appendix to Joinder in Support of Petition for Writ of Mandamus. Nos. 43882/43953 - not consolidated. 04-23695
01/05/2005MotionFiled Motion. Motion of Amicus Curiae Nevada Taxpayers' Association for Leave of Court to File Brief in Support of Petitioners. Nos. 43882/43953 - not consolidated. 05-00264
01/05/2005MotionFiled Motion. Certain Defendants'/Real Parties in Interest's Joinder in the State's Petition for Writs of Mandamus and Prohibition 05-00286
01/05/2005Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
01/11/2005Notice/IncomingFiled Notice. Notice of Counsel of Record for Defendants/Real Parties in Interest. Nos. 43882 and 43953 (not consolidated). 05-00569
01/24/2005Other Other. Filed Relator's Answer to Certain Defendants' Joinder in the State's Petition for Writs of Mandamus and Prohibition. 05-01455
01/26/2005Order/ProceduralFiled Order Granting Motion. motion for leave to file an amicus curiae brief. We have considered NTA's motion and proposed brief, and we conclude that NTA's participation in this matter as an amicus curiae could be helpful to this court's resolution of the matter. Accordingly, NTA's motion for leave to filed an amicus curiae brief is granted. fn2[The clerk of this court shall detach and file, in Docket Nos. 43882 and 43953, NTA's proposed amicus curiae brief, provisionally received in this court on January 5, 2005.] Nos. 43882/43953 cases are not consolidated. 05-01714
01/26/2005BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada Taxpayers' Association in Support of Petitioners. 05-00265
01/31/2005MotionFiled Motion to Consolidate. Nos. 43882/43953. 05-01932
02/15/2005MotionFiled Response to Motion. Relator's Response to Motion to Consolidate. Nos. 43882 and 43953 05-03040
03/23/2005Order/ProceduralFiled Order. Consolidating Writ Petitions. Petitioners in No. 43882 have filed a motion to consolidate these proceedings, real party in interest in No. 43953 has noticed its non-opposition. We conclude that consolidation is warranted, and we consolidate these writ proceedings. We conclude that en banc treatment of these consolidated petitions is warranted. We direct the clerk of this court to schedule these petitions for oral argument before the full court on the next available oral argument calendar. Argument shall be limited to 60 minutes. Nos. 43882/43953. (05-05644)
04/20/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 28, 2005, at 1:30 p.m. (En Banc) (Nos. 43882/43953)
05/06/2005Notice/IncomingFiled Joinder. -Retail Brand Alliance and Petsmart Defendants/Real Parties in Interests' Joinder in the State's Petition for Writs of Mandamus and Prohibition. 05-08934
05/06/2005Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
06/14/2005Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 43882/43953)
06/16/2005MotionFiled Motion. Plaintiff's Motion to Allow Filing of a First Amended Complaint. Nos. 43882/43953 [05-11893]
06/23/2005Order/ProceduralFiled Order Denying Motion. for Leave to File Amended Complaint. On June 16, 2005, real party in interest James McAndrews (Docket No. 43882) filed a motion requesting that this court direct the district court to file his proposed amended false claims act complaint. We have reviewed McAndrews' motion, and we conclude that its requested relief is not warranted under these circumstances. We deny the motion. Nos. 43882/43953. (05-12358)
06/28/2005Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 43882/43953.
02/09/2006Opinion/DispositionalFiled Authored Opinion. "Petitions granted." We direct the clerk to issue writs of mandamus. Before the Court EN BANC. Author: Becker, J. We concur: Gibbons, Douglas, Hardesty and Parraguirre, JJ. Rose, C.J., with whom Maupin, J., agrees, dissenting. 122 Nev. Adv. Opn. No. 13. EN BANC. Nos. 43882/43953. 06-02896
02/09/2006WritIssued Writ. Original and one copy of writ and copy of opinion mailed to Gregory L. Zunino for service upon Judge Valorie Vega.06-02954
03/07/2006RemittiturIssued Notice in Lieu of Remittitur. 06-03917
03/07/2006Case Status Update Remittitur Issued/Case Closed.
03/14/2006WritFiled Writ. Served on Judge Valorie Vega on 3/13/06.
04/05/2006Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 28 and page 33 of the original majority opinion filed February 9, 2006. Nos. 43882/43953