| Case Information: 39596 | |||
| Short Caption: | MERIDIAN GOLD CO. VS. STATE, DEP'T OF TAXATION | Court: | Supreme Court |
| Related Case(s): | 37372 | ||
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CV9708366 | Classification: | Civil Appeal - Administrative Agency - General |
| Disqualifications: | Leavitt | Case Status: | Remittitur Issued/Case Closed |
| Replacement: | Panel Assigned: | En Banc | |
| To SP/Judge: | 05/16/2002 / Weise, Cathy | SP Status: | Completed |
| Oral Argument: | 11/13/2003 at 11:00 AM | Oral Argument Location: | Carson City |
| Submission Date: | 11/13/2003 | How Submitted: | After Oral Argument |
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | The Meridian Gold Company | Paul D. Bancroft Anthony J. Blackwell (Former) |
| Respondent | County of Mineral | Cheri K. Emm-Smith (Mineral County District Attorney) |
| Respondent | County of Nye, Sheriff's Office | Robert S. Beckett (Kravitz Schnitzer Johnson, A Professional Corporation/Las Vegas) Peter L. Knight (Kravitz Schnitzer Johnson, A Professional Corporation/Las Vegas) Marla Zlotek (Kravitz Schnitzer Johnson, A Professional Corporation/Las Vegas) |
| Respondent | Nevada Tax Commission | Joshua J. Hicks (Attorney General/Carson City) |
| Respondent | The State of Nevada Department of Taxation | Joshua J. Hicks (Attorney General/Carson City) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 05/07/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Paul D. Bancroft, P.C.--check no. 2358. | ||
| 05/07/2002 | Notice of Appeal Documents | Filed 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.) | 02-07993 | |
| 05/16/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Cathy Valenta Weise. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 05/17/2002 | Docketing Statement | Filed Docketing Statement. | 02-08756 | |
| 05/20/2002 | Notice/Outgoing | Letter. Cathy Valenta Weise. (Docketing statement) | ||
| 05/20/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: June 4, 1998; April 16, 1999 and November 28, 2001. To Court Reporter: Kate Murray. | 02-08902 | |
| 06/10/2002 | Transcript | Filed Transcript. Proceedings: June 4, 1998; April 16, 1999 and November 28, 2001. Court Reporter: Eric V. Nelson. | 02-10044 | |
| 07/12/2002 | Motion | Filed Motion to Extend Time. (Response to Docketing Statement) | 02-12010 | |
| 07/19/2002 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed July 12, 2002. The clerk shall file respondent's response to docketing statement received on July 10, 2002. | 02-12363 | |
| 07/19/2002 | Docketing Statement | Filed Response to Docketing Statement. | 02-11805 | |
| 07/29/2002 | Notice/Outgoing | Letter. Kathy Valenta Weise. (Response to Docketing Statement) | ||
| 08/16/2002 | Motion | Filed Stipulation. re: respondents County of Nye and County of Mineral. | 02-14025 | |
| 08/19/2002 | Notice/Outgoing | Letter. Cathy Valenta Weise. (Stipulation) | ||
| 08/22/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: August 29, 2002. | 02-14421 | |
| 09/05/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: October 4, 2002. | 02-15308 | |
| 09/10/2002 | Order/Procedural | Filed Order. The clerk of this court shall modify this court's docket to indicate that respondent County of Nye is represented by the Nye County District Attorney's Office and respondent County of Mineral is represented by the Mineral County District Attorney's Office. Appellant shall have 10 days from the date of this order to serve respondents County of Nye and County of Mineral with a copy of the notice of appeal, the docketing statement, and the transcript request form, and file proof of such service with the clerk of this court. On August 16, 2002, appellant filed a Stipulation indicating that the settlement conference could go forward without the participation of the County Defendants, County of Nye and County of Mineral. All requests to excuse the attendance of any party at a settlement conference must be presented to the settlement judge. Accordingly, no action will be taken on the stipulation. We note, however, that the settlement judge has filed a status report indicating that she has excused the participation of County of Nye and County of Mineral (the Counties) at the settlement conference. The status report also reserves the right to have the Counties participate in future settlement conferences, if deemed necessary. | 02-15667 | |
| 09/24/2002 | Notice/Incoming | Filed Notice. Notice of Filing in Response to 09/10/02 order: serve respondents County of Nye and County of Mineral with a copy of notice of appeal, docketing statement, and transcript request form, and file proof of such service with the clerk of this court. | 02-16520 | |
| 10/10/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 02-17562 | |
| 10/16/2002 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for filing briefs. Appellant: 70 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). | 02-17957 | |
| 12/19/2002 | Motion | Filed Stipulation and Order. Brief due: January 27, 2003. | 02-21791 | |
| 01/23/2003 | Notice/Incoming | Filed Notice. Notice of Change of Representation of Respondents The State of Nevada Ex Rel. Department of Taxation and Nevada Tax Commission. Deputy Attorney General Joshua J. Hicks in place of Senior Deputy Attonrey General Elaine Guenaga. | 03-01284 | |
| 01/27/2003 | Brief | Filed Opening Brief. Mailed on: Fed Ex 01/24/03. | 03-01385 | |
| 01/27/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 5. | 03-01386 | |
| 01/30/2003 | Notice/Incoming | Filed Proof of Service. (Opening Brief & Appendix). | 03-01656 | |
| 02/25/2003 | Motion | Filed Stipulation and Order. Brief due: March 28, 2003. | 03-03138 | |
| 03/26/2003 | Brief | Filed Answering Brief. Dep't of Taxation & Nevada Tax Commision. Mailed on: Hand delivered 03/26/03. | 03-05128 | |
| 04/10/2003 | Motion | Filed Motion to Extend Time. | 03-06076 | |
| 04/11/2003 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed April 10, 2003. The clerk shall file the answering brief received on April 10, 2003. Appellant shall have 30 days from the date of this order to file and serve a reply brief, if deemed necessary. | 03-06151 | |
| 04/11/2003 | Brief | Filed Answering Brief. Mineral County's Responding Brief. Mailed on: Hand delivered 04/10/03. | 03-06077 | |
| 04/14/2003 | Notice/Incoming | Filed Certificate of Compliance. Mineral County's Responding Brief filed on 04/11/03. Attached to inside back cover of original and copies of brief. | 03-06281 | |
| 04/15/2003 | Order/Procedural | Filed Order. Re: Answering Brief. To date, respondent Nye County has failed to file an answering brief or a motion to extend the time to file an answering brief. Respondent Nye County shall have 10 days from the date of this order to file and serve an answering brief or join in one or both of the answering briefs filed by its co-respondents. In the event Nye County elects not to file or join in an answering brief and this court schedules this matter for oral argument, Nye County shall not be heard at such argument. | 03-06393 | |
| 04/23/2003 | Motion | Filed Stipulation and Order. (Reply to State of Nevada). Brief due: May 28, 2003. | 03-06912 | |
| 04/24/2003 | Brief | Filed Answering Brief. Respondent Nye County's Answering Brief. | 03-06959 | |
| 04/24/2003 | Appendix | Filed Appendix to Answering Brief. Respondent Nye County. | 03-06960 | |
| 04/28/2003 | Letter/Incoming | Filed Letter. from attorney Paul D. Bancroft advising this Court that Anthony Blackwell is no longer employed by his firm. | 03-07209 | |
| 04/30/2003 | Motion | Filed Stipulation. (Reply to County of Mineral). | 03-07349 | |
| 05/06/2003 | Order/Clerk's | Filed Clerk's Order Approving Stipulation. filed April 30, 2003. Appellant shall have until May 28, 2003, to file and serve its reply brief to Mineral County's answering brief. | 03-07654 | |
| 05/09/2003 | Motion | Filed Stipulation. (Reply to County of Nye). | 03-07967 | |
| 05/14/2003 | Order/Clerk's | Filed Clerk's Order Approving Stipulation. filed May 9, 2003. fn1[The stipulation indicates that the reply brief is presently due May 26, 2003. May 26, 2003, being a court holiday, however, the brief is presently not due until May 27, 2003. NRAP 26(c).] Appellant shall have until May 29, 2003, to file and serve its reply brief to County of Nye's answering brief. | 03-08195 | |
| 05/27/2003 | Brief | Filed Reply Brief. | 03-08848 | |
| 09/17/2003 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 13, 2003, at 11:00 a.m. (En Banc) | ||
| 10/29/2003 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 11/05/2003 | Order/Incoming | Filed Executive Order. District Judge Archie E. Blake is appointed to sit in the place of Justice Myron E. Leavitt. | 03-18386 | |
| 11/13/2003 | Case Status Update | Submitted for Decision. Before the En Banc Court. EN BANC | ||
| 12/30/2003 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed." fn1[The Honorable Archie E. Blake, Judge of the Third Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Leavitt, Justice. Nev. Const. Art. 6, sec. 4.] Before the Court En Banc. Author: Gibbons, J. We concur: Agosti, C.J., Rose, J., Becker, J. and Blake, D.J. Shearing, J., concurring. Maupin, J., concurring. 119 Nev. Adv. Opn. No. 65. EN BANC. | 03-21608 | |
| 01/27/2004 | Remittitur | Issued Remittitur. | 04-00161 | |
| 01/27/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 02/09/2004 | Remittitur | Filed Remittitur. Received by County Clerk on January 29, 2004. | 04-00161 | |