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United States Court Cases

Nevada Supreme/Appellate Court Record

WE THE PEOPLE VS. NEVADA STATE EDUCATION ASS'N

Case Information: 52390
Short Caption:WE THE PEOPLE VS. NEVADA STATE EDUCATION ASS'NCourt:Supreme Court
Lower Court Case(s):Carson City - First Judicial District - 08OC002951BClassification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Disposition Filed/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
09/11/2008Filing Fee Filing Fee due.
09/11/2008MotionFiled Motion. Emergency Motion for Stay of Injunction against Placing Initiative Petition on the Ballot pending Appeal. 08-23454
09/11/2008Order/ProceduralFiled Order/Show Cause. This court appears to lack jurisdiction to consider this appeal. Appellant: shall have until 5 p.m. on September 15, 2008, to show cause why this matter should not be dismissed for lack of jurisdiction. The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondent may file any reply to appellant's response by 5 p.m. on September 17, 2008. Service of documents permitted by this order shall be made in person or by facsimile transmission. Fn4 [. . . All documents shall be filed personally or by facsimile transmission with the clerk in Carson City.] Fn6 [We defer ruling on appellant's motion for stay pending resolution of the perceived jurisdictional defect.] 08-23593
09/12/2008Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Donald G. Gustavson--check no. 347.
09/12/2008Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 08-23604
09/12/2008Other Other. Filed Plaintiffs' Index of Trial Exhibits Errata, filed in district court on 9/12/08. (Submitted by attorney James Penrose) 08-23693
09/15/2008MotionFiled Response to Order to Show Cause. Respondent's Response to Order to Show Cause. 08-23721
09/15/2008Order/IncomingFiled District Court Order. Findings of Fact, Conclusions of Law and Judgment, Notice of Entry of Judgment. And Certificate of Service of Hand Delivery (to the Supreme Court). Certified copy of order filed in district court on 9/15/08. 08-23793
09/15/2008MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. (Filed via fax). 08-23803
09/16/2008Order/ProceduralFiled Order. respondents shall have until 4:30 p.m. today, September 16, 2008, to file and serve any opposition to the stay motion, with particular emphasis on the likelihood of success on the merits. Filing and service must be performed via personal delivery or facsimile. 08-23831
09/16/2008MotionFiled Response to Motion. Respondent's Nevada State Education Association Opposition to Motion for Stay Pending Appeal. 08-23927
09/16/2008MotionFiled Motion. Motion to Disqualify Trial Judge, Vacate Injunction, and/or Declare Mistrial. (Filed via fax). 08-23940
09/16/2008MotionFiled Response to Order to Show Cause. Response Pursuant to Order Directing Opposition to Motion for Stay. 08-23941
09/17/2008Order/ProceduralFiled Order. Directing Response to Motion to Disqualify. Respondents shall have until 4 p.m. tomorrow, September 18, 2008, to file a response to the motion to disqualify Trial Judge, Vacate Injunction, and/ or Declare Mistrial. As directed in our September 11, 2008, order, filing and service must be performed via personal delivery or facsimile. 08-23953
09/17/2008MotionFiled Motion. Motion for Leave to File Reply in Support of Emergency Motion for Stay. (Filed via fax). 08-24083
09/17/2008MotionReceived Reply to Response. Reply in Support of Emergency Motion for Stay. (Received via fax). FILED PER ORDER OF 9/23/08. 08-24084
09/18/2008Other Other. Filed Disclosure of Non-Disqualifying Interest. I see no reason to recuse myself from consideration of this appeal. Hardesty, J. 08-24151
09/18/2008MotionFiled Response to Motion. Opposition to Motion to Disqualify Trial Judge, Vacate Injunction, and/or Declare Mistrial (submitted by Dyer, Lawrence firm). 08-24233
09/18/2008MotionFiled Response to Motion. Response Pursuant to Order Directing Response to Motion to Disqualify (submitted by the A.G.'s Office). 08-24236
09/19/2008MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply Points and Authorities in Support of Motion to Disqualify. (Filed via fax). 08-24256
09/19/2008MotionReceived Reply to Response. Reply Points and Authorites in Support of Motion to Disqualify. (Received via fax). FILED PER ORDER OF 9/23/08. 08-24260
09/19/2008MotionFiled Response to Motion. Oppostion to Motion for Leave to File Reply. 08-24268
09/19/2008Order/ProceduralFiled Order. Disclosure of Non-Disqualifying Interest (Justice Maupin). 08-24282
09/19/2008Docketing StatementFiled Docketing Statement. 08-24302
09/23/2008Order/ProceduralFiled Order. Denying Motion for Disqualification and Denying Motion for Stay. Appellant's motion for disqualification is wholly lacking in merit and is denied. As the factors considered in deciding a stay motion weigh against imposing a stay in this case, we deny appellant's stay motion. Fn1 [. . . Justice Maupin has voluntarily recused himself from participation in the decision of this matter.] Fn4 [We grant appellant's motion for leave to file a reply in support of this motion and direct the clerk to file the proposed reply provisionally received on September 19, 2008.] Fn6[We grant appellant's motion for leave to file a reply in support of this motion and direct the clerk to file the proposed reply provisionally received on September 17, 2008.] 08-24570
09/23/2008OtherDisqualification of Justice Maupin.
09/23/2008MotionFiled Reply to Response. Reply in Support of Emergency Motion for Stay. 08-24084
09/23/2008MotionFiled Reply to Response. Reply Points and Authorities in Support of Motion to Disqualify. 08-24260
09/25/2008MotionFiled Motion. Objection to Memorandum of Costs and Motion to Retax Costs. (Filed via fax). 08-24815
10/01/2008MotionFiled Response to Motion. Response to "Objection to Memorandum of Costs and Motion to Retax Costs". 08-25363
10/02/2008MotionFiled Motion. Emergency Motion for Reconsideration/Rehearing of Motion for Stay Pending Appeal. (Filed via fax). 08-25562
10/03/2008MotionFiled Motion. Notice of Withdrawal of Objection to Memorandum of Costs and Motion to Retax Costs. (Filed via fax). 08-25680
10/09/2008MotionFiled Response to Motion. The Secretary's Response to Emergency Motion for Reconsideration/Rehearing of Motion for Stay Pending Appeal. 08-26103
10/09/2008MotionFiled Response to Motion. Opposition to "Emergency Motion for Reconsideration/Rehearing of Motion for Stay Pending Appeal." 08-26105
10/10/2008MotionFiled Motion. Motion for Leave to File Reply Points and Authorities in Support of Motion For Reconsideration. (Filed via-fax) 08-26234
10/21/2008Order/ProceduralFiled Order. Denying Motion for Reconsideration. We are not persuaded that reconsideration is warranted, as appellant has not demonstrated that it is likely to succeed on the merits of this appeal. Fn1[Appellant also filed a document entitled, 'Objection to Memorandum of Costs and Motion to Retax Costs,' which respondents opposed. Appellant then withdrew the motion. Accordingly, we deny the motion as moot.] Fn2 [We grant appellant's motion for leave to file a reply and direct the clerk of this court to file the reply provisionally received on October 10, 2008.] Fn3 [The Honorable A. William Maupin, Justice, voluntarily recused himself from participation in the decision of this matter.] 08-27061
10/21/2008MotionFiled Reply to Response. The People's Reply in Support of Emergency Motion for Reconsideration. 08-26235
10/21/2008Order/ProceduralFiled Order. Setting Briefing Schedule. We issue the following expedited transcript request and briefing schedule. Appellant: 10 days to file a transcript request or certificate of no transcript request. If requested, deliver certified copies to appellant, and file in this court a certificate acknowledging delivery of the transcript. Opening Brief and Appendix due 45 days. 08-27065
11/06/2008MotionFiled Stipulation/Dismiss Appeal. 08-28398
11/17/2008Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." Fn1[The Honorable A. William Maupin, Justice, voluntarily recused himself from participation in the decision of this matter. EN BANC-MG/JH/RP/MD/MC/NS. 08-29245
11/17/2008Case Status Update Case Closed. No remittitur issued.