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United States Court Cases

Nevada Supreme/Appellate Court Record

STATE ENGINEER VS. TRUCKEE-CARSON IRRIG. DIST. C/W 34134

Case Information: 33945
Short Caption:STATE ENGINEER VS. TRUCKEE-CARSON IRRIG. DIST. C/W 34134Court:Supreme Court
Consolidated:33945*, 34134 Related Case(s): 34134 , 52329
Lower Court Case(s):Churchill Co. - Tenth Judicial District - 25219Classification:Civil Appeal - General - Venue
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:04/06/1999 / Levitt, LansfordSP Status:Completed
Oral Argument:09/14/2000 at 2:30 PMOral Argument Location:Carson City
Submission Date:09/14/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/26/1999Filing Fee Filing Fee Waived.
03/26/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-02194
04/06/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/09/1999Docketing StatementFiled Docketing Statement. 99-02726
04/19/1999Docketing StatementFiled Response to Docketing Statement. 99-03035
04/20/1999Docketing StatementFiled Response to Docketing Statement. Respondent TCID's Response to State Engineer's Docketing Statement Pursuant to NRAP Rules 14(a) and (f). 99-03078
04/20/1999Notice/IncomingFiled Notice. Notice of Change of Telephone Number (Deputy A.G. Creekman). 99-03101
04/26/1999Letter/IncomingFiled Letter. Letter from attorney Robert S. Pelcyger requesting that he receive copies of all pleadings and correspondence in this matter. 99-03273
04/27/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 99-03294
04/28/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cheri K. Emm--check no. 1290.
04/28/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant Pyramid Lake Paiute Tribe.) 99-03381
05/07/1999Docketing StatementFiled Docketing Statement. from Appellant Pyramid Lake Paiute Tribe. 99-03663
05/13/1999Notice/Outgoing Letter.
05/17/1999Docketing StatementFiled Response to Docketing Statement. Respondent TCID's Response to Pyramid Lake Paiute Tribe's Docketing Statement Pursuant to NRAP Rules 14(a) and (f). 99-04004
05/18/1999Docketing StatementFiled Response to Docketing Statement. Respondent Corkill Bros., Inc., Response to Pyramid Lake Paiute Tribe of Indian's Docketing Statement Pursuant to NRAP Rules 14(a) and (f). 99-04059
05/18/1999MotionFiled Motion to Consolidate. Motion to Consolidate Appeals with Petition for Writ of Mandamus, and to Expedite Consideration of Both Matters (Nos. 33945, 34134). 99-04170
05/21/1999Notice/IncomingFiled Notice. Notice of State Engineer's Joinder (nos. 34134 & 33945). 99-04225
05/28/1999MotionFiled Response to Motion. Respondent TCID's Partial Opposition to Motion to Consolidate (nos. 33945/34134). 99-04444
07/08/1999OtherDisqualification of Justice Maupin. (Relation to counsel in consolidated case no. 34134)
07/08/1999Order/ProceduralFiled Order/Consolidation. We grant appellants' motion to consolidate these proceedings. We deny the real parties in interest's motion for summary dismissal of the writ petition. The real parties in interest, on behalf of respondents, shall have 20 days from the date of this order in which to file an answer. We defer ruling on appellants' motion to expedite resolution of these matters. Briefing and preparation of transcripts in the appeal will remain suspended pending all parties' participation in the settlement conference and further order of this court. Fn 1 [We direct the clerk of this court to conform the captions on this court's docket with the captions on this order.] Fn 3 [We deny the motion to file a reply in support of the motion for summary dismissal. Nos. 33945 & 34134. 99-06037
07/20/1999MotionFiled Motion. Petition for Rehearing/Reconsideration under Nevada Rule of Appellate Procedure 40 (Nos. 33945, 34134) 99-06523
07/28/1999Petition/WritFiled Answer to Petition for Writ. Answer to Petition for Writ of Mandamus. (Nos. 33945, 34134) 99-06857
07/28/1999Notice/IncomingFiled Joinder. Corkill Bros. Inc. Joinder in the Truckee-Carson Irrigation District's Answer to Petition for Writ of Mandamus pursuant to Nevada Rule of Appellate Procedure 21(b) (Nos. 33495 and 34134) 99-06862
07/29/1999Notice/IncomingFiled Notice. Pyramid Lake Paiute Tribe's Memorandum of Points and Authorities in Support of State Engineer's Petition for Rehearing and/or for Reconsideration. (Nos. 33945 and 34134). 99-06945
08/02/1999Post-Judgment PetitionFiled Answer to Petition for Rehearing. Answer of Respondent Truckee-Carson Irrigation District to State Engineer's Petition for Rehearing/Reconsideration under NRAP Rule 40. (Nos. 33945 and 34134). 99-07082
08/03/1999Notice/IncomingFiled Joinder. Real Party in Interest Corkill Bros. Inc. Joinder in the Truckee-Carson Irrigation District's Answer to State Engineer's Petition for Rehearing/Reconsideration under NRAP Rule 40. Nos. 33945, 34134. 99-07131
09/20/1999Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge Levitt recommends removal of this case (No. 33945) from settlement program. Nos. 33945, 34134. 99-08857
11/05/1999Order/ProceduralFiled Order. Pursuant to the written request of the settlement judge, the appeal in Docket No. 33945 is removed from the settlement conference program. Appellants shall have 15 days from the date of this order to file a transcript request form or certificate of no transcript request and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 33945, 34134. 99-10898
11/17/1999Transcript RequestFiled Certificate of No Transcript Request. (nos. 33945 & 34134). 99-11392
11/22/1999Transcript RequestFiled Certificate of No Transcript Request. Pyramid Lake Paiute Tribe's Certificate Regarding Transcript (nos. 33945 & 34134). 99-11664
03/03/2000BriefFiled Opening Brief. Mailed on: Hand delivered 3/3/00. Nos. 33945 & 34134. 00-03411
03/03/2000AppendixFiled Appendix to Opening Brief. 00-03413
03/03/2000BriefFiled Joinder to Brief. Joinder of Sierra Pacific Power Company, Pyramid Lake Paiute Tribe, Cities of Reno and Sparks and the County of Washoe in the Opening Brief of the Nevada State Engineer. Nos. 33945 & 34134. 00-03452
04/05/2000BriefFiled Answering Brief. Mailed on: Fed Ex 4/4/00. Nos. 33945 & 34134. 00-05477
04/06/2000BriefFiled Joinder to Brief. Macdedon & McCormick Joinder to Answering Brief. Nos. 33945 & 34134. 00-05567
04/13/2000Notice/IncomingFiled Notice. Notice of Admission. Attorney Michael Van Zandt was admitted to the State Bar of Nevada on February 22, 2000. Nos. 33945, 34134. 00-05932
05/04/2000BriefFiled Joinder to Brief. Nos. 33945 & 34134. 00-07377
05/05/2000BriefFiled Reply Brief. Mailed on: Hand delivered 5/4/00. Nos. 33945 & 34134. 00-07376
06/15/2000Order/ProceduralFiled Order Granting Motion. The answer to the writ petition having been filed and briefing having been completed, we grant the motion for expedited review, and direct the clerk of this court to set this matter for oral argument on the court's September 2000 en banc calendar. Nos. 33945, 34134. 00-10189
07/21/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 45 minutes in Carson City on September 14, 2000 at 2:30 p.m. (Nos. 33945 and 34134) (En Banc) 00-12626
08/15/2000Order/ProceduralFiled Order. On March 3, 2000, Pyramid Lake Paiute Tribe of Indians, appellant and petitioner in these consolidated matters, as well as Sierra Pacific Power Company, City of Reno, City of Sparks, and the County of Washoe, filed a joinder requesting to join in the opening brief of appellant R. Michael Turnipseed. We approve the joinder in part. Appellant/petitioner Pyramid Lake Paiute Tribe of Indians may join in appellant Turnipseed's opening brief. We note that Sierra Pacific, Reno, Sparks, and Washoe are not parties in either the appeal in Docket Number 33945 or the writ petition in Docket Number 34134. Further, it does not appear that any of those entities were parties in the proceedings below. Sierra Pacific, Reno, Sparks, and Washoe shall show cause, within ten (10) days from the date of this order, why we should not disapprove the joinder insofar as it requests that those entities be allowed to join in the opening brief. Failure to timely comply with this order will result in immediate disapproval of the joinder. Nos. 33945, 34134. 00-14208
08/25/2000MotionFiled Response to Order to Show Cause. Response of Sierra Pacific Power Company, the Cities of Reno and Sparks and Washoe County to Order to Show Cause re: Joinder in Opening Brief filed by the Nevada State Engineer. Nos. 33945/34134 00-14985
08/31/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 33945 and 34134) 00-15347
09/11/2000Order/ProceduralFiled Order. On August 25, 2000, Sierra, Reno, Sparks, and Washoe filed a response to our order of August 15, 2000. Having reviewed the response, it appears those entities are respondents to Turnipseed's petition for judicial review pending in the district court. No other party in these consolidated matters has opposed the joinders or otherwise shown that those entities should not be parties to the appeal in Docket Number 33945. We approve the joinders and we direct the clerk of this court to modify the caption in Docket Number 33945 by adding as respondents: Sierra Pacific Power Company, City of Reno, City of Sparks and the County of Washoe. Nos. 33945, 34134. 00-15914
09/11/2000MotionFiled Motion for Permission to File Document. Request for Leave to File a Response and Proposed Response of Truckee-Carson Irrigation District to Response of Sierra Pacific Power Company, the Cities of Reno and Sparks and Washoe County to Order to Show Cause re: Joinder in Opening Brief filed by the State Engineer. Nos. 33945/34134 00-15989
09/11/2000Notice/IncomingFiled Notice of Association of Counsel. Williams & Emm, attorneys for petitioner Pyramid Lake Paiute Tribe of Indians, hereby associate Woodburn & Wedge, Gordon H. DePaoli and Dale Ferguson as attorneys for Petitioner with respect to these matters. Nos. 33945/34134. Doc. No. 00-15997 00-15997
09/13/2000Post-Judgment OrderFiled Order/Rehearing Denied. On July 20, 1999, appellant R. Michael Turnipseed filed a petition for rehearing and/or reconsideration of the contents of the footnote in the order filed on July 8, 1999. We conclude that rehearing is not warranted; therefore we deny appellants' petition for rehearing. Nos. 33945, 34134. 00-16142
09/14/2000Case Status Update Submitted for Decision. Panel: En Banc. Nos. 33945, 34134.
11/15/2000Notice/IncomingFiled Notice. Notice of Change of Representation of Respondents. Deputy Attorney General Paul Taggart in place of Deputy Attorney General David C. Creekman. Nos. 33945/34134 00-20066
11/30/2000Order/ProceduralFiled Order Denying Motion. On September 11, 2000, Truckee-Carson Irrigation District filed a motion for leave to file an opposition to the response of the joining parties. No good cause appearing, we deny Truckee Carson Irrigation District's motion for leave to file a response. Nos. 33945, 34134. 00-20933
11/30/2000Opinion/DispositionalFiled Per Curiam Opinion. Vacated (Docket No. 33945; Petition granted (Docket No. 34134). " . . . in Docket No. 34134, we grant the Tribe's petition and direct the clerk of this court to issue a writ of mandamus . . . with respect to Docket No. 33945, as Judge Blake lacked authority to rule on the motion for change of venue, we vacate the district court's order denying the motion." fn4[The Honorable A. William Maupin, Justice, did not participate in the decision of this matter.] 116 Nev. Adv. Opn. No.109. En Banc. Nos. 33945, 34134. 00-20934
12/27/2000RemittiturIssued Remittitur. 00-20976
12/27/2000Case Status Update Remittitur Issued/Case Closed.
01/11/2001RemittiturFiled Remittitur. Received by County Clerk on December 28, 2000. 00-20976