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United States Court Cases

Nevada Supreme/Appellate Court Record

DIAZ VS. DISTRICT COURT

Case Information: 32968
Short Caption:DIAZ VS. DISTRICT COURTCourt:Supreme Court
Related Case(s): 33452 , 33959 , 34150 , 34820
Lower Court Case(s):Clark Co. - Eighth Judicial District - A373467Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:YoungCase Status:Notice in Lieu of 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
09/08/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Herbert J. Michel, Jr.--check no. 2484.
09/08/1998Petition/WritFiled Petition for Writ of Mandamus or Prohibition. Petition for Writ of Prohibition, Mandamus or Other Appropriate Relief from an Order of the District Court Denying Petitioners' Motion for Discovery.
09/08/1998AppendixFiled Appendix. Petitioners' Appendix in Support of Petition for Writ of Prohibition, Mandamus or Other Appropriate Relief from an Order of the District Court Denying Petitioners' Motion for Discovery.
09/08/1998Notice/OutgoingIssued Notice of Procedural Deficiency. Affidavit of the party beneficially interested. Due Date: 10 days
09/21/1998Notice/IncomingFiled Affidavit. Affidavit of Herbert L. Michel, Jr. in Support of Petition for Writ of Prohibition, Mandamus or Other Appropriate Relief from an Order of the District Court Denying Petitioners' Motion for Discovery.
09/28/1998Order/ProceduralFiled Order/Answer Writ Petition. The real party in interest, on behalf of respondents, shall have 20 days from the date of this order to file an answer, including authorities, against issuance of the requested writ.
10/19/1998Petition/WritFiled Answer to Petition for Writ. Answer of Real Party in Interest, Glenn Puit, to Petition for Writ of Prohibition, Mandamus or Other Appropriate Relief.
10/20/1998MotionFiled Motion. Motion for Leave to File Amicus Curiae Brief.
10/20/1998BriefReceived Amicus Brief. Amicus Curiae Brief of the Nevada Press Association.
04/13/1999Order/DispositionalFiled Order Granting Petition. fn1-[On October 20, 1998, the Nevada Press Association filed a motion for leave to file an amicus curiae brief. We grant the motion and direct the clerk to file the amicus curiae brief.] " . . . We grant this petition in part and deny in part. We direct the clerk of this court to issue a writ of mandamus compelling the district court to vacate, in part, its order adopting the commissioner's written recommendation denying petitioners' motion to compel. . . . We deny the petition with respect to the remaining requested discovery, which exceeds the issues of whether the statements attributed in the articles to Trooper Harvey were actually made by him and whether the published statements accurately reflect his statements." Agosti, J., and Becker, J. Maupin, J., dissenting. SNP99A-WM/DA/NB.
04/13/1999BriefFiled Amicus Brief. Amicus Curiae Brief of The Nevada Press Association.
04/13/1999WritIssued Writ. Original and one copy of writ and copy of order mailed to Herbert J. Michel, Jr. for service upon Judge Gibbons.
04/22/1999WritFiled Writ. Served upon Judge Mark W. Gibbons on April 19, 1999.
04/22/1999Notice/IncomingFiled Proof of Service. Certificate of Mailing.
04/26/1999Notice/IncomingFiled Notice. Notice of Compliance with Order of April 13, 1999. (From District Judge Mark Gibbons.)
04/30/1999Filing FeeReceived Filing Fee Paid on Filing. $100 from Lionel Sawyer & Collins--check no. 104208.
04/30/1999Post-Judgment PetitionFiled Petition for Rehearing. Mailed on 4/29/99--FedEx. Petition for Rehearing stricken by order 6/1/99.
05/06/1999Other Returned Unfiled Document.
06/01/1999Order/ProceduralFiled Order. Order Vacating Previous Order, Referring Matter to the En Banc Court, and Denying Rehearing as Moot. On April 13, 1999, this panel, in a two-to-one decision, enter an order granting in part and denying in part a writ of mandamus. On the same day, this court issued the writ of mandamus. Two members of this court have requested that this matter be reconsidered by the full court. We therefore vacate our prior granting, in part, the petition for writ of mandamus and specifically direct the district court to vacate any order that it has entered prusuant to the previously issued writ. We refer this matter to the full court for reconsideration and deny as moot, Puit's petition for rehearing and direct the clerk to strike Puit's rehearing petition. Petitioners shall have 15 days from the date of this order to file a supplement to the petition for a writ of mandamus and the real party in interest Puit shall have 30 days from the date of this order to file a supplement to his answer. fn1[Under the circumstances presented here, we conclude that a suspension of NRAP 40's requirement that rehearing petitions of panel dispositions be considered by the panel is warranted]. (Petition for Rehearing filed 4/30/99 STRICKEN). SNP99A-WM/DA/NB 99-04472
06/01/1999Other Other. Prior order filed 4/13/99 vacated. Docket No. 32968 reinstated and matter referred to the en banc court.
06/07/1999Notice/IncomingFiled Notice. Notice of Compliance from District Judge Gibbons. 99-04730
06/16/1999Petition/WritFiled Supplement to Petition for Writ. Supplemental Memorandum of Points and Authorities in Support of Petition for Writ of Prohibition, Mandamus or Other Appropriate Relief from an Order of the District Court Denying Petitioners' Motion for Discovery. FedEx 6/15/99. 99-05201
07/01/1999Petition/WritFiled Supplement to Petition for Writ. Supplement to Answer of Real Party in Interest, Glenn Puit 99-05792
01/27/2000Opinion/DispositionalFiled Authored Opinion. Filed Opinion-"Petition denied." Before the Court En Banc. By the Court, Leavitt, J. We concur: Rose, C.J. and Becker, J. fn8[The Honorable Cliff Young, justice, voluntarily recused himself from participation in the decision of this matter]. Maupin, J., with whom Shearing and Agosti, JJ., agree, concurring. Adv. 9. En Banc. 00-01387
02/23/2000RemittiturIssued Notice in Lieu of Remittitur. 00-02817
02/23/2000Case Status Update Remittitur Issued/Case Closed.