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United States Court Cases

Nevada Supreme/Appellate Court Record

HARVEY VS. DISTRICT COURT

Case Information: 35144
Short Caption:HARVEY VS. DISTRICT COURTCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - NONEClassification:Original Proceeding - Civil - Prohibition/Other
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/07/2001 at 11:30 AMOral Argument Location:Carson City
Submission Date:02/07/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/17/1999Filing Fee Filing Fee Waived.
11/17/1999Petition/WritFiled Petition for Writ of Prohibition. Complaint for Usurpation of Office under NRS 35.050 and Application for Writ of Prohibition. 99-11440
01/20/2000Notice/IncomingFiled Notice of Appearance. Representing respondents: P. Mark Ghan, Solicitor General, and Creighton C. Skau, Assistant Solicitor General. 00-00951
01/27/2000Order/ProceduralFiled Order/Answer Writ Petition. Answer due from respondents: 20 days from the date of this order. Petitioners have leave to file a reply within 15 days after the answer is served. 00-01332
02/04/2000MotionFiled Motion to Extend Time. Stipulated Motion to Extend Time to File Answer. 00-01829
02/15/2000Order/ProceduralFiled Order Extending Time. On February 4, 2000, respondents filed a stipulated motion for extension of time to file the answer. We grant the motion. Respondents shall have until and including March 24, 2000, to file their answer. 00-02344
02/15/2000MotionFiled Motion. Motion of Shirley Parraguirre for Leave to Appear as Amicus Curiae. 00-02410
03/10/2000MotionFiled Motion. Motion for Leave to File a Brief of an Amicus Curiae (Nevada Association of County Clerks and County Election Officials) 00-03797
03/20/2000Notice/IncomingFiled Notice. Respondent's Notice of Non-Opposition. (re: amicus brief) 00-04449
03/21/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall forthwith file the amicus brief received from the Association on March 10, 2000. Parraguirre shall have 20 days from the date of this order to file and serve her amicus brief. For each amicus brief, defendants/respondents shall have 15 days from the date the brief is served in which to file and serve any answer. fn1[In the event that the Association has already served its brief upon defendant/respondents, they shall have 15 days from the date of this order to file and serve any answer to the brief. 00-04497
03/21/2000BriefFiled Amicus Brief. Brief of an Amicus Curiae (Nevada Association of County Clerks and County Election Officials). 00-03798
03/24/2000MotionFiled Motion and Order/Excess Pages. Granted: 37 pages (Respondents' Answer to Application). 00-04792
03/24/2000Petition/WritFiled Answer to Petition for Writ. Respondents' Answer to Application and Complaint and Motion to Dismiss. 00-04796
03/24/2000Petition/WritFiled Exhibits to Petition for Writ. Respondents' Appendix to Answer to Application and Complaint. 00-04797
03/31/2000MotionFiled Response to Motion. 00-05264
04/04/2000MotionFiled Stipulation. Stipulation for Order Extending Time to File Petitioner's Reply to Respondent's Answer to Petition and Complaint. 00-05441
04/05/2000BriefFiled Answering Brief. Respondent' Answer to Amicus Curiae Brief of Nevada Association of County Clerks and County Election Officials. 00-05530
04/11/2000BriefFiled Amicus Brief. Brief of Amicus Curiae Shirley B. Parraguire (Clark County Clerk). 00-05786
04/13/2000Order/Clerk'sFiled Clerk's Order Approving Stipulation. Petitioner shall have to and including April 24, 2000, to file and serve her reply to respondents' answer to the petition filed in this matter. 00-05912
04/13/2000Notice/IncomingFiled Proof of Service. Affidavit of Service (of Respondents' Answer to Application and Complaint and Motion to Dismiss). 00-05970
04/21/2000Petition/WritFiled Reply to Answer to Petition. Plaintiff's Reply to Respondent's Answer. 00-06462
04/26/2000BriefFiled Amicus Brief. Defendants/Respondents Brief in Response to Amicus Curiae Brief of Shirley B. Parraguirre. 00-06823
07/26/2000Order/ProceduralFiled Order Resolving Motion or Stipulation. On March 24, 2000, defendants/respondents filed an answer to plaintiff/petitioner's application, which incorporates a motion to dismiss the complaint under NRCP 12(b)(5) for failure to state a claim upon which relief can be granted. fn1[Although defendants/respondents' motion seeks to dismiss the entire complaint/petition, we note that a motion to dismiss is inappropriate as to plaintiff/petitioner's alternative petition for a writ of prohibition, which does not fall under the purview of NRCP 12(b)(5).] We deny the motion. Defendant/respondents' arguments shall be considered when the merits of this proceeding are decided. 00-12918
12/20/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 7, 2001 at 11:30 a.m. (En Banc)
01/17/2001Notice/IncomingFiled Substitution of Attorneys. First Assistant Attorney General Thomas M. Patton has assumed responsibility for representing the Respondents. 01-01067
01/24/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
02/07/2001Case Status Update Submitted for Decision. EN BANC-WM/CY/MS/DA/RR/ML/NB
10/10/2001Opinion/DispositionalFiled Authored Opinion. "Complaint dismissed." fn1[The Nevada Association of County Clerks and County Election Officials and Shirley Parraguirre, Clark County Clerk, filed amicus curiae briefs in this action.] Before the Court En Banc. By the Court, Becker, J. We concur: Shearing, Agosti and Rose, JJ. Maupin, C.J., concurring. Leavitt, J., with whom Young, J., agrees, dissenting. 117 Nev. Adv. Opn. No. 64. EN BANC 01-17022
11/06/2001RemittiturIssued Notice in Lieu of Remittitur. 01-17303
11/06/2001Case Status Update Remittitur Issued/Case Closed.