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United States Court Cases

Nevada Supreme/Appellate Court Record

HALVERSON VS. HARDCASTLE (STATE)

Case Information: 49453
Short Caption:HALVERSON VS. HARDCASTLE (STATE)Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - NONEClassification:Original Proceeding - Civil - Other
Disqualifications:Cherry, GibbonsCase 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
05/15/2007Filing Fee Filing Fee Waived.
05/15/2007Petition/WritFiled Petition for Writ. of Quo Warranto (filed via fax). 07-10739
05/15/2007MotionFiled Motion for Stay. Emergency - (filed via fax). 07-10741
05/15/2007OtherDisqualification of Justice Cherry.
05/16/2007Filing Fee Returned Filing Fee. Check No. 005626 returned to Gentile DelPalma, Ltd. (filing fee waived).
05/16/2007Petition/WritFiled Petition for Writ. Original of Petition for Writ of Quo Warranto (filed by fax on 5/15/07). 07-10839
05/16/2007MotionFiled Motion for Stay. Original of Emergency Motion for Stay (filed by fax on 5/15/07). 07-10840
05/17/2007Notice/OutgoingIssued Notice. Disclosure of Non-Disqualifying Interest. I (Justice Mark Gibbons) am disclosing for the record that on or about February 7, 2007, Justice Michael Cherry and I met with Judge Halverson at her office in Las Vegas. While I believe that these conversations do not raise any issue of actual bias, I am disclosing this fact for consideration of the parties as to whether this conduct necessitates my disqualification in the matter. Any party objecting to my participation in the decision of this petition should notify the clerk of this court in writing before 5:00 p.m. on Monday, May 21, 2007. 07-10991
05/17/2007Order/ProceduralFiled Order/Answer Writ Petition. Order Granting Temporary Stay, in Part, and Directing Answer. Petitioner has moved for a stay of respondent's May 10 2007 order barring her from the Regional Justice Center, to maintain the status quo pending our consideration of this matter. We temporarily stay enforcement of that portion fn1[We refer specifically to the language on lines 5-8 on page 3 of the order.] of respondent's May 10 order barring petition from the Regional Justice Center, pending our receipt and consideration of any opposition to the motion. Respondent shall have until 4:00 p.m. on Wednesday, May 23, 2007, to file an answer, including legal support for any claim to the authority challenged above, against issuance of the requested writ. fn2[The Honorable Michael A. Cherry, Justice, has voluntarily recused himself from participation in this matter, and the Honorable Mark Gibbons, Justice, did not participate in the consideration of this order.] Maypin, C.J., Hardesty and Parrguirre, J. Douglas, J., with whom Saitta, J., joins, concurring. 07-10992
05/17/2007Order/ProceduralFiled Order. Vacating Temporary Assignment. The temporary assignment of Senior Judge Huffaker to Department 23 is hereby vacated effective at 5:00 p.m. May 17, 2007. fn1[See Order Granting Temporary Stay, in Part, and Directing Answer, entered May 17,2007, in Halverson v. District Court, No. 49453, temporarily staying enforcement of that portion of Chief Judge Hardcastle's May 10th Administrative Order No. 07-3 barring District Judge Halverson from the Regional Justice Center]. 07-10993
05/21/2007MotionFiled Motion. Motion for Disqualification of Nevada Supreme Court Justice Mark Gibbons. (Filed via fax) 07-11230
05/23/2007MotionFiled Motion. Motion for Disqualification of Nevada Supreme Court Justice Mark Gibbons (filed by fax on 5/21/07). 07-11334
05/23/2007Notice/OutgoingIssued Notice. Notice of Recusal of Justice Mark Gibbons. In response to my notice of May 17, 2007, petitioner District Judge Halverson filed a motion to disqualify me from this matter. Judge Halverson having objected to my participation herein, I hereby recuse myself from this proceeding. 07-11356
05/23/2007Petition/WritFiled Answer to Petition for Writ. Respondent the Honorable Kathy A. Hardcastle, Eighth Judicial District Court Chief Judge Answering Brief. 07-11420
05/23/2007AppendixFiled Appendix. Respondent the Honorable Kathy A. Hardcastle, Eighth Judicial District Court Chief Judge Exhibits, Affidavits and Declarations. 07-11422
05/23/2007Notice/IncomingFiled Notice. Disclosure of Chief Solicitor General Daniel Wong. 07-11423
05/24/2007MotionFiled Motion. Motion for Immediate Redaction and Substitution of Exhibits. 07-11492
05/24/2007Notice/IncomingFiled Affidavit. Respondent The Honorable Kathy A. Hardcastle Submission of Original Affidavits. 07-11525
05/24/2007ExhibitFiled Exhibits (copies). Respondent The Honorable Kathy A. Hardcastle Submission of an Additional Exhibit. 07-11528
06/01/2007Notice/IncomingFiled Notice. Respondent The Honorable Kathy A. Hardcastle Submission of an Original Declaration. 07-12120
06/05/2007Notice/IncomingFiled Notice. Notice of Non-Opposition to Respondent's Motion for Immediate Redaction and Substitution of Exhibits. (Okay to file Faxed copy per Janette.) 07-12291
06/06/2007Notice/IncomingFiled Notice. Notice of Non-Opposition to Respondent's Motion for Immediate Redaction and Substitution of Exhibits. 07-12297
06/07/2007Order/ProceduralFiled Order Granting Motion. The clerk of this court shall remove pages 000010 and 000039 from the appendix filed on May 23, 2007, and shall replace these pages with substitute pages 000010 and 000039 submitted with respondent's motion. Further, the clerk shall post the corrected appendix on this court's website. 07-12438
07/27/2007Opinion/DispositionalFiled Authored Opinion. "Petition Granted in Part and Denied in Part." Before the Court EN BANC. Fn1[The Honorable Mark Gibbons, Justice, and the Honorable Michael A. Cherry, Justice, have voluntarily recused themselves from participation in this matter.] Fn104 [In light of this opinion, we vacate our May 17, 2007, temporary stay and deny Judge Halverson's Emergency Stay as Moot.] Author: Maupin, A. William. Majority: Hardesty/Douglas/Parraguirre/Saitta. 123 Nev. Adv. Opn. No. 29. EN BANC. 07-16605
07/27/2007WritIssued Writ. Original and one copy of writ and copy of opinion mailed to Dominic P. Gentile and William H. Gamage for service upon Chief Judge Kathy A. Hardcastle. 07-16635
08/21/2007RemittiturIssued Notice in Lieu of Remittitur. 07-16865
08/21/2007Case Status Update Remittitur Issued/Case Closed.
09/21/2007Notice/OutgoingIssued Letter. to Daily Journal, Versuslaw and West Group regarding corrections to opinion filed 7/27/07. 07-20905