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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 33665
Short Caption:SECRETARY OF STATE VS. TRETIAKCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A377720Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:01/28/1999 / Buchanan, WilliamSP Status:Completed
Oral Argument:02/07/2001 at 10:30 AMOral Argument Location:Carson City
Submission Date:02/07/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
01/27/1999Filing Fee Filing Fee Waived.
01/27/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-00558
01/28/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/18/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Callister & Reynolds--check no. 23462.
02/18/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 99-01084
02/18/1999Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
02/26/1999Notice/Outgoing Letter. Buchanan.
03/03/1999Docketing StatementFiled Docketing Statement. from cross-appellant (Mailed on: Fed-Ex 3/2/99). 99-01485
03/15/1999Order/ProceduralFiled Order. Appellant/cross-respondent shall, within 10 days of the date of this order, file and serve the docketing statement. 99-01832
03/15/1999Notice of Appeal DocumentsFiled Case Appeal Statement. Amended Case Appeal Statement filed in district court on: 2/25/99. Mailed on: 3/10/99. 99-01858
03/23/1999Docketing StatementFiled Docketing Statement. (Mailed on: Fed-Ex 3/22/99). 99-02086
04/05/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 4/27/99. 99-02506
05/10/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 27, 1999. 99-03712
05/28/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-04434
06/10/1999MotionFiled Motion. Motion to withdraw as Counsel of Record for Respondent/Cross-Appellant. 99-04921
08/12/1999Order/ProceduralFiled Order Granting Motion. Order Granting Motion to Withdraw as Counsel. The parties were unable to agree to a settlement of this appeal. Attorney Matthew Q. Callister has filed a motion to withdraw as counsel of record for appellants/cross-respondents (the Tretiak Group). We grant counsel's motion. Attorney Callister shall, within 10 days from the date of this order, serve a copy of this order on the Tretiak Group and provide this court with proof of service. The Tretiak Group shall have 30 days from the date of this order to retain new counsel and cause new counsel to file a notice of appearance with this court. We direct the clerk to modify the caption by designating the Secretary of State as appellant/cross-respondent and the Tretiak Group as respondents/cross-appellants. The Secretary of State, shall have 15 days from the date of this order to file and serve a transcript request form or certificate of no transcript request and 120 days to file and serve the opening brief and appendix. We caution the Tretiak Group that failure to obtain counsel within the time specified by this order may result in their being precluded from filing an answering brief and in the dismissal of their cross-appeal. 99-07482
08/19/1999Notice/IncomingFiled Proof of Service. (for motion to withdraw). 99-07728
08/27/1999Transcript RequestFiled Request for Transcript of Proceedings. December 8, 19998 Proceedings: To Court Reporter: Chris Johnson. 99-08025
09/13/1999Notice/IncomingFiled Notice of Appearance. Representing respondent: D. Brian Boggess, of the firm Christiansen & Boggess 99-08611
12/07/1999AppendixFiled Joint Appendix. Volumes 1 through 3. 99-12239
12/09/1999BriefFiled Opening Brief. Mailed on: Fed Ex 12/09/99. 99-12338
12/09/1999Notice/IncomingFiled Proof of Service. Receipt of copy to joint appendix. 99-12342
12/30/1999MotionFiled Stipulation and Order. Brief due: February 9, 2000. 99-13426
02/09/2000BriefFiled Answering Brief. Mailed on: Airborne Express. Respondent/Cross-Appellant. 00-02051
02/09/2000AppendixFiled Appendix to Answering Brief. Respondent/Cross-Appellant. 00-02052
02/11/2000Notice/IncomingFiled Proof of Service. (Respondents'/Cross-Appellants' Answering Brief and the Respondents'/Cross-Appellants' Appendix). 00-02200
03/06/2000MotionFiled Stipulation and Order. Brief due: April 10, 2000. 00-03479
03/31/2000BriefFiled Reply Brief on Cross-Appeal. Mailed on: 3/29/00. Appellant/Cross-Respondent Reply Brief. 00-05218
04/26/2000MotionFiled Stipulation and Order. Brief due: May 31, 2000. 00-06767
06/02/2000BriefFiled Reply Brief on Cross-Appeal. Mailed on: Las Vegas Drop Box 5/31/00. Respondents'/Cross-Appellants' Reply Brief. 00-09295
06/02/2000AppendixFiled Appendix to Reply Brief. Respondents'/Cross-Appellants' Reply Appendix. 00-09296
12/20/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 7, 2001 at 10:30 a.m. (En Banc)
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
05/15/2001Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part; reversed in part." fn25[On cross-appeal, respondents raise several other arguments as to why the division's final decision should be set aside in its entirety. Specifically, respondents argue that the Division's complaint did not provide adequate notice; the hearing officer utilized the wrong standard of proof; the hearing officer improperly analyzed Tretiak's Securities and Exchange Commission Rule 144 violations, 15 U.S.C. secs. 77a-77aa (1998); and the Division failed to follow the requirements of NRS 233B.124. We conclude that these arguments lack merit.] Before the Court En Banc. Per Curiam. 117 Nev. Adv. Opn. No. 30. En Banc 01-08048
06/12/2001RemittiturIssued Remittitur. 01-08088
06/12/2001Case Status Update Remittitur Issued/Case Closed.
07/05/2001RemittiturFiled Remittitur. Received by County Clerk on June 19, 2001. 01-08088
08/20/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed August 13, 2001, and placed on the docket as No. 01-5819. 01-14105
10/15/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. (No action required.) 01-17406