| Case Information: 40940 | |||
| Short Caption: | STATE, DEP'T OF CONSERVATION VS. FOLEY | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A458143 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 02/28/2003 / Trost, Janet | SP Status: | Completed |
| Oral Argument: | 01/10/2005 at 2:00 PM | Oral Argument Location: | Las Vegas Office |
| Submission Date: | 01/10/2005 | How Submitted: | After Oral Argument |
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | The State of Nevada Department of Conservation and Natural Resources | Jill E. Drake (Former) (Attorney General/Carson City) Michael L. Wolz (Attorney General/Carson City) |
| Appellant | The State of Nevada Division of Water Resources | Jill E. Drake (Former) (Attorney General/Carson City) Michael L. Wolz (Attorney General/Carson City) |
| Respondent | Charles F. Foley | R. Nathan Gibbs John T. Kelleher (Kelleher & Kelleher, LLC) |
| Respondent | Denise C. Foley | R. Nathan Gibbs John T. Kelleher (Kelleher & Kelleher, LLC) |
| Respondent | Louis C. Foster | R. Nathan Gibbs John T. Kelleher (Kelleher & Kelleher, LLC) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 02/14/2003 | Filing Fee | Filing Fee Waived. | ||
| 02/14/2003 | 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.) | 03-02617 | |
| 02/27/2003 | Docketing Statement | Filed Docketing Statement. | 03-03302 | |
| 02/28/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Janet Trost. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 02/28/2003 | Notice/Outgoing | Letter. Janet Trost. (docketing statement) | ||
| 05/19/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: June 10, 2003 at 10:00 a.m. | 03-08419 | |
| 06/13/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: July 15, 2003. | 03-09902 | |
| 07/22/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: September 4, 2003 at 4:00 p.m. | 03-12316 | |
| 09/25/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: October 1, 2003. | 03-16055 | |
| 10/06/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: November 10, 2003. | 03-16606 | |
| 11/17/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 03-19108 | |
| 11/24/2003 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. 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). | 03-19559 | |
| 12/09/2003 | Transcript Request | Filed Certificate of No Transcript Request. | 03-20500 | |
| 12/16/2003 | Notice/Incoming | Filed Notice. Notice of Change of Representation of Appellant. Jill E. Drake, Deputy A.G. in place of Michel L. Wolz, Deputy A.G. | 03-20934 | |
| 03/23/2004 | Brief | Filed Opening Brief. | 04-05474 | |
| 03/23/2004 | Appendix | Filed Joint Appendix. | 04-05475 | |
| 04/30/2004 | Motion | Filed Stipulation. | 04-07938 | |
| 04/30/2004 | Order/Clerk's | Filed Clerk's Order Approving Stipulation. The clerk shall file the answering brief received on April 29, 2004. Appellant shall have 30 days from the date of this order to file a reply brief, if deemed necessary. | 04-07966 | |
| 04/30/2004 | Brief | Filed Answering Brief. | 04-07910 | |
| 06/01/2004 | Brief | Filed Reply Brief. | 04-09940 | |
| 11/17/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 10, 2005, at 2:00 p.m. (SNP05-RR/MG/JH) | ||
| 12/20/2004 | Notice/Incoming | Filed Notice. Notice of Change of Representation of Appellant. Deputy Attorney General Michael L. Wolz in place of Deputy Attorney General Jill E. Drake. | 04-23132 | |
| 12/23/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 01/04/2005 | Motion | Filed Motion. Motion to Continue Hearing set for January 10, 2005. | 05-00155 | |
| 01/04/2005 | Motion | Filed Response to Motion. Statement of Non-Opposition to Motion to Continue Hearing Set for January 10, 2005. | 05-00179 | |
| 01/07/2005 | Order/Procedural | Filed Order Denying Motion. Respondents have moved to continue the oral argument in this matter scheduled for January 10, 2005, at the hour of 2 p.m. Appellants have filed a statement of non-opposition to the motion. No good cause appearing, we deny the motion to continue oral argument. | 05-00430 | |
| 01/10/2005 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP05-RR/MG/JH | ||
| 04/14/2005 | Opinion/Dispositional | Filed Authored Opinion. "Reversed." Before Rose, Gibbons and Hardesty, J. Author: Hardesty, J. By the Court, Hardesty, J. We concur: Rose and Gibbons, JJ. 121 Nev. Adv. Opn. No. 8. SNP05 | 05-07282 | |
| 05/10/2005 | Remittitur | Issued Remittitur. | 05-07737 | |
| 05/10/2005 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 05/16/2005 | Remittitur | Filed Remittitur. Received by County Clerk on May 12, 2005. | 05-07737 | |