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United States Court Cases

Nevada Supreme/Appellate Court Record

FORTIER VS. STATE ENGINEER

Case Information: 38036
Short Caption:FORTIER VS. STATE ENGINEERCourt:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - CV0014367Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/22/2001 / Simmons, TerrySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/12/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/15/2001OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
06/15/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lionel Sawyer & Collins--check no. 025156.
06/15/2001Notice 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.) 01-10055
06/22/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Terry A. Simmons. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/26/2001Docketing StatementFiled Docketing Statement. 01-10772
06/27/2001Notice/Outgoing Letter. Terry A. Simmons.
09/06/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-15071
09/24/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 01-16037
11/27/2001Transcript RequestReceived Certificate of No Transcript Request. 01-19848
12/19/2001Order/ProceduralFiled Order. On September 24, 2001, this court entered an order reinstating briefing. The order directed appellant to file either a transcript request form or a certificate indicating that no transcripts are being requested by October 9, 2001. On November 27, 2001, appellant submitted an untimely certificate indicating that no transcripts are being requested. In the interest of judicial efficiency, we direct the clerk of this court to file the certificate received on November 27, 2001. We admonish appellant's counsel for violating the Nevada Rules of Appellate Procedure by not complying with NRAP 9(a) in a timely manner. Any future violations of the Nevada Rules of Appellate Procedure may result in the imposition of sanctions. 01-21421
12/19/2001Transcript RequestFiled Certificate of No Transcript Request. 01-19848
01/17/2002MotionFiled Stipulation and Order. Brief due: February 21, 2002. 02-01232
02/21/2002BriefFiled Opening Brief. Mailed on: hand delivered 02/21/02. Signed by: Jeffrey D. Menicucci. 02-03356
02/21/2002AppendixFiled Joint Appendix. Vols. 1 and 2. 02-03357
03/22/2002MotionFiled Stipulation and Order. Brief due: April 24, 2002. 02-05192
04/24/2002BriefFiled Answering Brief. Mailed on: Hand delivered 04/24/02. Signed by: Michael L. Wolz. 02-07256
05/21/2002MotionFiled Stipulation and Order. Brief due: June 27, 2002. 02-08962
06/27/2002BriefFiled Reply Brief. Mailed on: Hand delivered 06/27/02. 02-11114
12/12/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 02-21292
12/12/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03-RR/WM/MG
04/07/2003Order/ProceduralFiled Order. The Office of the State Engineer shall have 15 days from the date of this order to transmit to the clerk of this court a certified copy of the groundwater pumpage inventory documenting the use of water under Permit 24369, Certificate 6818, for the year 1990. fn1[Appellant asserts, in the opening brief, that respondent State Engineer failed to provide the 1990 inventory at the hearing conducted on October 11, 1996, and that such failure constitutes a 'fatal break' in the required five-year period of non-use. The written ruling of the State Engineer suggests, however, that the missing inventory was admitted as 'Exhibit 10' in a prior hearing conducted on May 16, 1994, on Amargosa Resources' forfeiture petition. It appears, therefore, that the 1990 inventory was made a part of the record before the State Engineer.] 03-05808
04/16/2003Record on Appeal DocumentsFiled Record on Appeal Copy. Certified copy of the groundwater pumpage inventory documenting the use of water for the year 1990. 03-06470
04/18/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP03-RR/WM/MG 03-06656
05/09/2003MotionFiled Motion. Motion Requesting Publication for Order of Affirmance. 03-07930
05/13/2003RemittiturIssued Remittitur. 03-06767
05/13/2003Case Status Update Remittitur Issued/Case Closed.
05/19/2003RemittiturFiled Remittitur. Received by County Clerk on May 15, 2003. 03-06767
06/04/2003Order/ProceduralFiled Order Denying Motion. Denying Motion Requesting Publication. Respondent State Engineer has filed a motion requesting that this court publish its decision in this matter as an opinion. After considering the motion, we conclude that publication is not warranted. We deny respondent's motion. 03-09366