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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 44774
Short Caption:L.V. POLICE PROTECTIVE ASS'N VS. L.V.M.P.D. CITIZEN REVIEW BD. C/W 44677Court:Supreme Court
Consolidated: 44677 *, 44774Related Case(s): 44677
Lower Court Case(s):Clark Co. - Eighth Judicial District - A495988Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/30/2005 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/30/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
03/01/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Las Vegas Police Protective Association Metro, Inc.--check no. 5473.
03/01/2005Notice 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.) 05-03968
03/03/2005Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days.
03/08/2005Transcript RequestFiled Certificate of No Transcript Request. 05-04568
03/08/2005Docketing StatementFiled Docketing Statement. 05-04572
03/10/2005Docketing StatementFiled Response to Docketing Statement. 05-04835
03/10/2005MotionFiled Motion to Consolidate. Nos. 44677/44774. 05-04863
03/14/2005MotionFiled Response to Motion. Appellant's Response to Motion to Consolidate Cases and for Expedited Hearing. Nos. 44774/44677. 05-04967
03/15/2005Docketing StatementFiled Response to Docketing Statement. (Respondent's) Amended Response to Docketing Statement. 05-05086
04/06/2005Order/ProceduralFiled Order. Order Consolidating Cases and Setting Expedited Briefing Schedule. Docket No. 44677 is a petition for a writ of certiorari or prohibition, filed by the Las Vegas Police Protective Association Metro, Inc. (PPA). Docket No. 44774 is an appeal, also filed by PPA, from the same district court order. Unopposed motions to consolidate and expedite have been filed in both proceedings. We consolidate this writ proceeding and this appeal. Expedited briefing is warranted in the appeal. PPA shall have 20 days from the date of this order to file and serve an opening brief and appendix. Respondent Citizen Review Board (CRB) shall have 20 days thereafter to file and serve an answering brief and any supplemental appendix. PPA may then file and serve any reply brief within 10 days. Extensions of this briefing schedule shall be permitted only upon demonstration of extreme and unforeseeable circumstances. The parties shall address any substantive issue not already addressed in the documents previously filed in the writ proceeding. We conclude that en banc treatment of this consolidated matter is warranted. We direct the clerk of this court to schedule this matter for oral argument before the full court on the next available oral argument calendar. Argument shall be limited to 30 minutes. fn6[We maintain this court's February 15, 2005 temporary stay pending further order of this court; accordingly, the motion to vacate the stay, filed in Docket No. 44677, is denied. We note that a motion to file an amicus curiae brief was filed in Docket No. 44677 on March 23, 2005; a proposed amicus brief was provisionally received on the same day. Therefore, we deny as moot the March 7, 2005 motion for an extension of time to file a motion regarding the amicus brief. We defer ruling on the motion to file the amicus curiae brief.] Nos. 44677/44774. (05-06682)
04/20/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 30, 2005, at 11:30 a.m. (En Banc) (Nos. 44677/44774)
04/26/2005BriefFiled Opening Brief. Nos. 44677/44774 (05-08170).
04/26/2005AppendixFiled Joint Appendix. Vols. 1 and 2. Nos. 44677/44774 (05-08171).
05/16/2005BriefFiled Answering Brief. Real Party in Interest/Respondent's Answering Brief. Nos. 44677/44774 (05-09513).
05/26/2005BriefFiled Reply Brief. Petitioner/Appellant's Reply Brief. Nos. 44677/44774 (05-10352).
06/07/2005Notice/OutgoingIssued Letter. to Clark Co. Clerk requesting copy of LVMPD Citizen Review Board confidential report sealed per d.c. order entered March 3, 2005. Nos. 44677/44774
06/08/2005BriefFiled Supplemental Authorities. Petitioner/Appellant's Supplemental Memorandum. Nos. 44677/44774 (05-11223).
06/13/2005Other Other. Filed Confidential Report submitted by the L.V.M.P.D. Citizen Review Board - filed in the district court on 3/3/05--SEALED. Nos. 44677/44774 - placed in 44677 only (05-11551). [MISSING]
06/14/2005Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 44677/44774)
06/16/2005BriefFiled Supplemental Authorities. Real Party in Interest/Respondent's Supplemental Memorandum. Nos. 44677/44774 (05-11890).
06/21/2005BriefFiled Supplemental Authorities. Real Party in Interest/Respondent's Supplemental Memorandum. Nos. 44677/44774. (05-12160)
06/23/2005Letter/IncomingFiled Letter. (received via fax on 6/22/05) from Brian Allen of KLAS TV News requesting media coverage for oral argument on June 30. Nos. 44677/44774 [05-12338]
06/23/2005Order/ProceduralFiled Order Granting Motion. for leave to file Amicus Curiae Brief. The clerk of this court shall file the proposed brief, provisionally received in this court on March 23, 2005. fn3[Although the proposed brief was filed (received) in Docket No. 44677 only, we note that Docket No. 44677 has since been consolidated with Docket No. 44774; accordingly, the amicus brief should be filed in both dockets.] Nos. 44677/44774. (05-12353)
06/23/2005BriefFiled Amicus Brief. Brief of Amici Curiae in Opposition to Petition for Writ of Certiorari or in the Alternative Writ of Prohibition and Motion to Dissolve Stay. Nos. 44677/44774. (05-05699)
06/24/2005Order/ProceduralFiled Order. A request having been made seeking access to the Supreme Court of Nevada for the purpose of photographic or electronic coverage of the hearing to be held June 30, 2005, at 11:30 a.m., in the above-entitled consolidated matters. Counsel for the parties having been advised of the request, permission is granted for photographic or electronic media coverage of the aforesaid matters, for news purposes and not for commercial exploitation. All persons participating in such photographic or electronic coverage shall observe the standards set forth in the Supreme Court Rules in all respects, and Brian Allen of KLAS-TV is designated as pool coordinator. All equipment necessary to allow for such photographic or electronic coverage of such proceedings shall be placed in the courtroom after 10:30 a.m. and before 11:00 a.m. Nos. 44677/44774. (05-12419)
06/30/2005Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 44677/44774.
03/16/2006Opinion/DispositionalFiled Authored Opinion. These are consolidated cases. Petition denied (Docket No. 44677); affirmed (Docket No. 44774). "Petition denied." fn45[In light of this opinion, we vacate the temporary stay entered in this matter on February 15, 2005; PPA's motion for an emergency stay is denied as moot.] Before the Court EN BANC. Author: Douglas, J. We concur: Becker and Parraguirre, JJ. Rose, C.J., concurring and dissenting. Maupin, J., concurring and dissenting. Gibbons, J., with whom Hardesty, J., agrees, concurring in part and dissenting in part. 122 Nev. Adv. Opn. No. 21. EN BANC. Nos. 44677/44774. 06-05638
04/11/2006RemittiturIssued Remittitur. 06-06025
04/11/2006Case Status Update Remittitur Issued/Case Closed.
04/13/2006Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 7, 11 and 18 of the original majority opinion filed on March 16, 2006. Nos. 44677/44774.
04/20/2006RemittiturFiled Remittitur. Received by County Clerk on April 13, 2006. 06-06025