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United States Court Cases

Nevada Supreme/Appellate Court Record

FRANCHISE TAX BOARD VS. DISTRICT COURT C/W 35549

Case Information: 36390
Short Caption:FRANCHISE TAX BOARD VS. DISTRICT COURT C/W 35549Court:Supreme Court
Consolidated: 35549 *, 36390Related Case(s): 35549 , 39274 , 39312 , 47141, 53264 , 80884
Lower Court Case(s):Clark Co. - Eighth Judicial District - A382999Classification:Original Proceeding - Civil - Mandamus
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/09/2001 at 8:30 AMOral Argument Location:Carson City
Submission Date:02/09/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/07/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from McDonald firm-check no. 26713.
07/07/2000Petition/WritFiled Petition for Writ of Mandamus. Franchise Tax Board of the State of California's Petition for a Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of this case. CONFIDENTIAL INFORMATION FILED UNDER SEAL. 00-11567
07/07/2000AppendixFiled Appendix. Appendix of Exhibits to Franchise Tax Board of the State of California's Petition for a Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of this case, Vols. 1 through 4. CONFIDENTIAL INFORMATION FILED UNDER SEAL. 00-11569
07/07/2000MotionFiled Motion to Consolidate. Franchise Tax Board of the State of California's Motion to Consolidate Writ (nos. 35549/36390). 00-11570
07/07/2000OtherDisqualification of Justice Becker. Attorney Thomas R.C. Wilson.
07/07/2000Notice/OutgoingIssued Notice of Procedural Deficiency. Due Date: 10 days (affidavit).
07/14/2000Petition/WritFiled Affidavit in Support of Petition for Writ. Affidavit of Robert L. Dunn in Support of Franchise Tax Board of the State of California's Petition for a Writ of Mandmaus, or Alternatively for a Writ of Probhibition and Mandmaus Limiting the Scope of this Case. 00-12169
08/08/2000MotionFiled Motion for Permission to File Document. Franchise Tax Board of the State of California's Request to file Reply in Support of its Motion to Consolidate Petitions for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (CONFIDENTIAL INFORMATION FILED UNDER SEAL). (Nos. 35549 and 36390).
08/08/2000MotionReceived Reply to Response. Franchise Tax Board of the State of California's Reply in Support of its Motion to Consolidate Petitions for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (CONFIDENTIAL INFORMATION FILED UNDER SEAL). (Nos. 35549 and 36390). RETURNED UNFILED 09/13/00.
09/13/2000Order/ProceduralFiled Order. Order Consolidating Petitions in Docket Nos. 35549 and 36390, Directing an Answer in Docket No. 36390 and Clarifying Order Granting Temporary Stay in Docket No. 35549. On July 7, 2000, petitioner filed a motion to consolidate. We hereby consolidate docket No. 35549 and docket No. 36390 for disposition. fn1[In light of our order consolidating, we deny as moot petitioner's August 8, 2000, request to file a reply in support of its motion to consolidate these two petitions. We grant petitioner's request to file a reply in support of its petition for writ of mandamus or prohibition in Docket No. 35549. The clerk shall file the reply and appendix provisionally received on August 8, 2000. We deny the real party in interest's motions to strike proposed replies filed on August 21, 2000.] The real party in interest, on behalf of respondents, shall have 30 days from the date of this order to file an answer in Docket No. 36290. On June 15, 2000, the real party in interest filed a motion for clarification of our June 7, 2000, stay order entered in Docket No. 35549. fn2[In light of our order, we deny as moot the real party in interest's request to file a reply in support of its motion for clarification.] In our June 7, 2000, order we temporarily stayed the district court's orders imposing a protective order and compelling petitioner to release certain documents, as well as the proceedings in District Court Case No. A382999. Our June 7, 2000, order was intended to stay all proceedings in the district court. The stay of the district court proceedings will remain in effect until further order of this court. Nos. 35549, 36390. Document No. 00-16084.
09/13/2000MotionFiled Reply to Response. Franchise Tax Board of the State of California's Reply in Support of its Petition for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (CONFIDENTIAL INFORMATION FILED UNDER SEAL). Nos. 35549, 36390. Document No. 00-13796.
09/13/2000AppendixFiled Appendix. Appendix of Exhibits to Franchise Tax Board of the State of California's Reply in Support of its Petition for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (CONFIDENTIAL INFORMATION FILED UNDER SEAL). Nos. 35549, 36390. Document No. 00-13797.
09/13/2000Notice/OutgoingIssued Letter. to attorney Thomas R. C. Wilson: returned unfiled, original and two copies of Franchise Tax Board of the State of California's Repy in Support of its Motion to Consolidate Petitions for Writ of Mandamus, or in the Alternative, Writ of Prohibition. (Confidential Informantion filed Under Seal.) Nos. 35549, 36390. Document No. 00-13794.
10/17/2000Petition/WritFiled Answer to Petition for Writ. Real Party in Interest Gilbert P. Hyatt's Answer to the FTB's Petition for Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of the Case (filed in no. 36390 --- nos. 35549/36390). CONFIDENTIAL INFORMATION FILED UNDER SEAL. 00-18373
10/17/2000ExhibitFiled Exhibits (copies). Exhibits to Answer: Volume X - Exhibits 28 and 29; Volume XI - Exhibits 30-32; Volume XII - Exhibits 33-37; Exhibits XIII - 38-48; and Volume XIV Exhibit 49 (filed in no. 36390 --- nos. 35549/36390). CONFIDENTIAL INFORMATION FILED UNDER SEAL. 00-18375
12/20/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 9, 2001 at 8:30 a.m. (Nos. 35549 and 36390) (En Banc)
12/26/2000MotionFiled Motion. Franchise Tax Board of the State of California's Request to File a Reply in Support of its Petition for a Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of this Case. Nos. 35549/36390. Doc no. 00-22491
12/26/2000Other Other. Received Franchise Tax Board of the State of California's Reply in Support of its Petition for a Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of this Case--"Confidential Information Filed under Seal." Nos. 35549/36390
12/26/2000Other Other. Received Appendix of Exhibits to Franchise Tax Board of the State of California's Reply in Support of its Petition for a Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of this Case--"Confidential Information Filed under Seal." Nos. 35549/36390 Doc. No. 00-22494
12/28/2000Order/ProceduralFiled Order Granting Motion. On December 26, 2000, petitioner filed a motion to file a reply in support of its writ petition. We grant petitioner's motion. The clerk of this court shall file, without delay, the reply and appendix received provisionally on December 26, 2000. Nos. 35549, 36390. Document No. 00-22654.
12/28/2000Petition/WritFiled Reply to Answer to Petition. Franchise Tax Board of the State of California's Reply in Support of its Petition for a Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of this Case--"Confidential Information Filed under Seal." Nos. 35549/36390. Document No. 00-22492.
12/28/2000AppendixFiled Appendix. Appendix of Exhibits to Franchise Tax Board of the State of California's Reply in Support of its Petition for a Writ of Mandamus Ordering Dismissal, or Alternatively for a Writ of Prohibition and Mandamus Limiting the Scope of this Case--"Confidential Information Filed under Seal." Nos. 35549/36390. Document No. 00-22494.
01/02/2001MotionFiled Response to Motion. Real Party in Interest Gilbert P. Hyatt's Opposition to Franchise Tax Board of the State of California's Request to File a Reply in Support of its Petition or, in the Alternitive , Motion file Surreply (Confidential Information to be filed Under Seal) Nos. 35549/36390.
01/04/2001Order/ProceduralFiled Order Denying Motion. On January 2, 2001, the real party in interest filed an opposition to petitioner's motion and, in the alternative, a motion to file a 'surreply.' We elect to treat the real party in interest's opposition as a motion for reconsideration of our December 28, 2000, order granting petitioner's motion. No good cause appearing, we deny the real party in interest's motion for reconsideration and, in the alternative, motion to file a 'surreply.' No. 35549 c/w 36390. Document no. 01-00217.
01/24/2001Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 35549 and 36390.
02/02/2001MotionFiled Motion. Motion for Leave to File Amicus Curiae Brief pursuant to NRAP 29 and for Leave to File Late Brief. (filed via fax) Nos. 35549/36390 (01-02258)
02/02/2001BriefReceived Amicus Brief. Via fax. Nos. 35549/36390 (01-02258)
02/05/2001MotionFiled Motion. Motion for Leave to file Amicus Curiae Brief pursuant to N.R.A.P. 29 and for Leave to file Late Brief. Nos. 35549 and 36390 (01-02289).
02/05/2001BriefReceived Amicus Brief. Multistate Tax Commission's Brief of Amicus Curiae. Mailed on: Fed-Ex 2/1/01. Nos. 35549 and 36390 (01-02292).
02/05/2001MotionFiled Response to Motion. Real Party in Interest Gilbert P. Hyatt's Opposition to Motion for Leave to File Amicus Curiae Brief Pursuant to NRAP 29 and for Leave to File Late Brief. Filed via FAX. Nos. 35549/36390 (01-02353)
02/06/2001MotionFiled Response to Motion. Real Party in Interest Gilbert P. Hyatt's Opposition to Motion for Leave to File Amicus Curiae Brief Pursuant to N.R.A.P. 29 and for Leave to File Late Brief (nos. 35549/36390). Document NO. 01-02395.
02/06/2001Order/ProceduralFiled Order Granting Motion. We have reviewed the motion and the opposition and we grant the motion. The clerk of this court shall file the amicus curiae brief of the Multistate Tax Commission received on February 2, 2001. Nos. 35549/36390. (01-02421)
02/06/2001BriefFiled Amicus Brief. Multistate Tax Commission's Brief of Amicus Curiae. Nos. 35549/36390. (01-02260 faxed copies and 01-02292 original copies).
02/09/2001Case Status Update Submitted for Decision. EN BANC-WM/CY/MS/DA/RR/ML. Nos. 35549/36390.
02/22/2001Notice/IncomingFiled Notice. Real Party in Interest Gilbert P. Hyatt's Notice of Recent Authority. Nos. 35549/36390 (01-03349)
02/27/2001Other Other. Filed Franchise Tax Board of the State of California's Response to Notice of Recent Authority Submitted by Real Party in Interest Gilbert P. Hyatt. Nos. 35549/36390 (01-03657)
03/02/2001Order/ProceduralFiled Order. These consolidated writ petitions were argued before the en banc court on February 9, 2001. On February 22, 2001, real party in interest Hyatt filed a "Notice of Recent Authority." On February 27, 2001, petitioner filed a response to Hyatt's notice of recent authority. Petitioner notes that Hyatt has failed to obtain leave of this court to file a late supplemental authority and, consequently, requests this court to strike the notice as an unauthorized document. We admonish real party in interest Hyatt for filing a supplemental authority after oral argument without first having obtained leave to file such an authority. Nevertheless, we decline to strike the notice and will consider the supplemental authority and petitioner's response thereto in resolving these matters. We caution counsel for Hyatt that failure to comply with the Nevada Rules of Appellate Procedure in the future may result in the imposition of sanctions. Nos. 35549/36390 (01-03897).
06/13/2001Order/DispositionalFiled Order Granting Petition. Order Granting Petition (Docket No. 36390) and Dismissing Petition (Docket No. 35549). Consistent with our discussion above, we 'GRANT the petition in Docket No. 36390 AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS.' fn16[The Honorable Nancy Becker, Justice, voluntarily recused herself from participation in the decision of this matter.] EN BANC-WM/CY/MS/DA/RR/ML. Nos. 35549/36390. NOTE: THIS DISPOSITION WAS VACATED BY ORDER FILED 4/4/02 01-09900
06/13/2001WritIssued Writ. Original and one copy of writ and copy of order mailed to Thomas R.C. Wilson II for service upon Judge Saitta. 01-09914
06/20/2001MotionFiled Motion. Real Party in Interest Gilbert P. Hyatt's Motion to Enlarge Time and Exceed Page Limitation of Petition for Rehearing. Nos. 35549/36390 (01-10365).
06/21/2001MotionFiled Response to Motion. Opposition to Motion of Real Party in Interest Gilbert P. Hyatt's Motion to Enlarge Time and Exceed Page Limitation of Petition for Rehearing. Nos. 35549/36390 [01-10500]
06/25/2001MotionFiled Motion for Permission to File Document. Real Party in Interest Gilbert P. Hyatt's Request to File Reply in Support of Motion to Enlarge Time and Exceed Page Limitation of Petition for Rehearing. Nos. 35549/36390 (01-10643).
06/25/2001MotionReceived Reply to Response. Real Party in Interest Gilbert P. Hyatt's Reply in Support of Motion to Enlarge Time and Exceed Page Limitation of Petition for Rehearing. Nos. 35549/36390 (01-10648).
07/03/2001WritFiled Writ. Served on Judge Saitta on June 29, 2001. 01-09914
07/03/2001Other Other. Memorandum of Nev. R. App. Rule 39(c) Costs and Disbursements. Nos. 35549/36390 (01-11252).
07/05/2001Post-Judgment PetitionFiled Petition for Rehearing. Real Party in Interest Gilbert P. Hyatt's Petition for Rehearing Re the Court's June 13, 2001 Order Granting Petition for Writ of Mandamus. Mailed on: Las Vegas Drop Box 7/2/01. CONFIDENTIAL INFORMATION TO BE FILED UNDER SEAL (This petition is within the 10-page limit and was timely filed; however, Hyatt's 6/20/01 motion is still pending and not moot as he wants to file a supplemental petition raising additional points). (Filed in case no. 36390 only - 35549 dismissed as moot.) 01-11322
07/05/2001Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Bernhard and Leslie - check no. 004414.
07/13/2001Order/ProceduralFiled Order/Motion Granted in Part. Order Granting Motion in Part, and Directing Answer. On June 13, 2001, this court entered an order dismissing the petition in Docket No. 35549 and granting the petition in Docket No. 36390 in these consolidated writ proceedings. On June 25, 2001, Mr. Hyatt filed a motion for permission to file a reply in support of his motion for an extension of time. We grant that motion. The clerk shall file Mr. Hyatt's reply received on June 25, 2001. On July 5, 2001, Mr. Hyatt filed, in Docket No. 36390 only, a timely ten page petition for rehearing. Mr. Hyatt may file a 15 page supplement to the petition for rehearing that was filed in Docket No. 36390 on July 5, 2001. That supplement shall be filed and served within 10 days from the date of this order. The Tax Board shall have 15 days from the date of service of Mr. Hyatt's supplement to the petition for rehearing to file a 25 page answer to the petition and supplement. Failure to meet any of the filing deadlines set forth in this order may be deemed as a waiver of the right to file either the supplement or the answer, respectively. Nos. 35549/36390. (01-11919)
07/13/2001MotionFiled Reply to Response. Real Party in Interest Gilbert P. Hyatt's Reply in Support of Motion to Enlarge Time and Exceed Page Limitation of Petition for Rehearing. Nos. 35549/36390. (01-10648)
07/25/2001Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Real Party in Interest Gilbert P. Hyatt's 15 Page Supplement to his Petition for Rehearing re the Court's June 13, 2001 Order Granting Petition for Writ of Mandamus. CONFIDENTIAL INFORMATION TO BE FILED UNDER SEAL. (Filed in no. 36390 only.) 01-12586
07/26/2001Notice/IncomingFiled Proof of Service. of Real Party in Interest Gilbert P. Hyatt's 15 Page Supplement to his Petition for Rehearing re the Court's June 13, 2001 Order Granting Petition for Writ of Mandamus and Supplemental Appendix of Exhibits. 01-12678
08/07/2001Post-Judgment PetitionFiled Answer to Petition for Rehearing. Answer to Hyatt's Petition for Rehearing and Supplemental Petition for Rehearing. CONFIDENTIAL INFORMATION FILED UNDER SEAL. (No. 36390 only--35549 was dismissed as moot.) Nos. 35549/36390 01-13349
08/07/2001AppendixFiled Appendix. Appendix to Answer to Hyatt's Petition for Rehearing and Supplemental Petition for Rehearing, Volumes 1 and 2. CONFIDENTIAL INFORMATION FILED UNDER SEAL. (No. 36390 only--35549 was dismissed as moot.) Nos. 35549/36390 01-13350
08/14/2001Notice/IncomingFiled Errata. Errata to Real Party in Interest Gilbert P. Hyatt's 15 Page Supplement to His Petition for Rehearing Re The Court's June 13, 2001, Order Granting Petition for Writ of Mandamus. CONFIDENTIAL INFORMATION TO BE FILED UNDER SEAL. Filed in case no. 36390 only - case no. 35549 was dismissed as moot. Nos. 35549/36390. 01-13806
08/22/2001Other Other. Response to Errata. CONFIDENTIAL INFORMATION FILED UNDER SEAL. Filed in case no. 36390 only - case no. 35549 dismissed as moot. Nos. 35549/36390. 01-14265
04/04/2002Order/DispositionalFiled Order Granting Petition. Order Granting Petition for Rehearing, Vacating Previous Order, Granting Petition for a Writ of Mandamus in Part in Docket No. 36390, and Granting Petition for a Writ of Prohibition in Part in Docket No. 35549. We grant Hyatt's petition for rehearing, vacate our June 13, 2001 order and issue this order in its place. We conclude that the district court should have declined to exercise jurisdiction over the negligence claim as a matter of comity. Accordingly, we grant the petition in Docket No. 36390 in part; the clerk of this court shall issue a writ of mandamus directing the district court to grant Franchise Tax Board's motion for summary judgment as to the negligence claim. We deny the petition in Docket No. 36390 with respect to the intentional tort claims, and we deny the alternative petition to limit the scope of trial. We conclude that the district court exceeded its jurisdiction by ordering the release of one privileged document, but that Franchise Tax Board has not demonstrated that the district court exceeded its jurisdiction by ordering it to release any of the other discovery documents at issue. Accordingly, we grant the petition in Docket No. 35549 in part; the clerk of this court shall issue a writ of prohibition prohibiting the district court from requiring Franchise Tax Board to release document FTB No. 07381. We deny the writ petition in Docket No. 35549 with respect to all other documents. We vacate our stay of the district court proceedings. fn28 [The Honorable Nancy Becker, Justice, voluntarily recused herself from participation in the decision of this matter.] EN BANC-WM/CY/MS/DA/ML. Rose, J., concurring in part and dissenting in part. Nos. 35549/36390 02-05956
04/04/2002WritIssued Writ. Original and one copy of writ and copy of order mailed to Thomas R.C. Wilson II for service upon Judge Nancy M. Saitta. 02-06026
04/16/2002WritFiled Writ. Served on Judge Nancy M. Saitta on April 11, 2002. 02-06026
04/30/2002RemittiturIssued Notice in Lieu of Remittitur. 02-06514
04/30/2002Case Status Update Remittitur Issued/Case Closed.
07/15/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed July 2, 2002 and placed on the docket as Case No. 02-42. Nos. 35549/36390. (02-12063).
08/09/2002Order/ProceduralFiled Order. On July 3, 2001, petitioner in the above consolidated matters filed a memorandum of costs pursuant to NRAP 39(c) for costs incurred in Docket No. 36390 based on our decision entered on June 13, 2001, granting the petition in Docket No. 36390. On April 4, 2002, this court entered an order on rehearing that, among other things, vacated our June 13, 2001, order. We disapprove the cost memorandum. fn1[On April 30, 2002, a notice in Lieu of Remittitur was issued and these consolidated cases were closed. Nos. 35549/36390. (02-13659)
10/30/2002Letter/IncomingFiled Letter. from attorney Thomas R.C. Wilson. The U.S. Supreme Court has granted FTB's Petition for a Writ of Certiorari. He requests a complete copy of all files in nos. 35549, 36390, 39274 and 39312. [02-18691]
11/07/2002Letter/IncomingFiled Letter. (via fax) from law firm of Bernhard, Bradley & Johnson, Chtd. They are requesting copies of all documents in 35549, 36390, 39274 and 39312. [02-19212]
11/15/2002Other Other. Provided copies of all documents from docket numbers 35549, 36390, 39274 and 39312 to McDonald Carano law firm and Bernhard, Bradley & Johnson law firm. Nos. 35549/36390/ 39274/39312
11/18/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. The petition for a writ of ceritorari to the Supreme Court of Nevada is granted (filed October 15, 2002). Nos. 35549/36390/39274/39312 (02-19798)
01/07/2003Letter/IncomingFiled Letter. from U.S. Supreme Court requesting transmission of certified copies of the entire record to their office. Nos. 35549/36390/39274/39312
01/09/2003Other Other. Transmitted to United States Supreme Court (via Federal Express) certified copies of entire record of proceedings in Nos. 35549, 36390, 39274, 39312 (Volumes 1 through 13 and nine white binders containing exhibits).
04/28/2003Letter/IncomingFiled Letter. and copy of Opinion filed in the United States Supreme Court (no action required). Nos. 35549/36390 (03-07218).
05/19/2003Notice/OutgoingIssued Letter. to Bryan Murray (Bernhard & Bradley) regarding the status of these consolidated cases. Nos. 35549/36390.