REPUBLIC SILVER STATE DISPOSAL, INC. VS. CASH ( 2020 )

78572: Case View

Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts Case Search Participant Search

Cases Participant Search 20-47000: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 78572 Short Caption: REPUBLIC SILVER STATE DISPOSAL, INC. VS. CASH Court: Supreme Court Related Case(s): 72123, 77867 Lower Court Case(s): Clark Co. - Eighth Judicial District - A738123 Classification: Civil Appeal - General - Other Disqualifications: Silver Case Status: Remittitur Issued/Case Closed Replacement: Justice Pickering for Justice Silver Panel Assigned: Panel To SP/Judge: 04/15/2019 / Shirinian, Ara SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: 11/23/2020 How Submitted: On Briefs + Party Information Role Party Name Represented By Appellant Republic Silver State Disposal, Inc. David L. Barron (Barron & Pruitt, LLP) John D. Barron (Barron & Pruitt, LLP) Joel D. Henriod (Lewis Roca Rothgerber Christie LLP/Las Vegas) Daniel F. Polsenberg (Lewis Roca Rothgerber Christie LLP/Las Vegas) Abraham G. Smith (Lewis Roca Rothgerber Christie LLP/Las Vegas) Respondent Andrew M. Cash, M.D. Heather S. Hall (McBride Hall) Robert C McBride (McBride Hall) John W. Muije (John W. Muije & Associates) Respondent Andrew M. Cash, M.D., P.C. Heather S. Hall (McBride Hall) Robert C McBride (McBride Hall) John W. Muije (John W. Muije & Associates) Respondent Desert Institute of Spine Care, LLC Heather S. Hall (McBride Hall) Robert C McBride (McBride Hall) John W. Muije (John W. Muije & Associates) Docket Entries Date Type Description Pending? Document 04/15/2019 Filing Fee Filing Fee Paid. $250.00 from Barron & Pruitt. Check no. 18915. (SC) 04/15/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 19-16369 04/15/2019 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. (SC) 19-16371 04/15/2019 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. (SC). 19-16503 04/30/2019 Notice/Incoming Filed Appellant's Notice - Copy of District Court Order filed on April 25, 2019 and Notice of Entry filed April 29, 2019. (SC) 19-18870 05/01/2019 Filing Fee Filing Fee due for Cross-Appeal. (SC) 05/01/2019 Notice of Appeal Documents Filed Notice of Cross-Appeal. (SC) 19-19043 05/01/2019 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (Cross-Appeal) (SC) 19-19046 05/06/2019 Filing Fee Filing Fee Paid. $250.00 from Carroll, Kelly, Trotter, Franzen, McKenna & Peabody. Check no. 53800. (Cross-Appeal) (SC) 05/07/2019 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant/Cross-Respondent's Docketing Statement due: May 20, 2019. (SC) 19-19896 05/09/2019 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for July 10, 2019, at 10:00 am. (SC). 19-20311 05/20/2019 Docketing Statement Filed Appellant/Cross-Respondent's Docketing Statement Civil Appeals. (SC) 19-21885 05/22/2019 Docketing Statement Filed Respondent/Cross-Appellants' Docketing Statement Civil Appeals. (SC) 19-22462 07/17/2019 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 19-30314 07/18/2019 Settlement Order/Procedural Filed Order Reinstating Briefing. The parties were unable to agree to a settlement. Appellant(s) and Respondent(s): 14 days transcript request; Appellant(s): 90 days opening brief and appendix. Respondent(s): 30 days from opening brief to file combined answering brief on appeal and opening brief on cross-appeal. Appellant(s): 30 days from that combined brief to file combined reply brief on appeal and answering brief on cross-appeal. Respondent(s): 14 days from that combined brief to file reply brief on cross-appeal. (SC) 19-30494 07/29/2019 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 03/04/19, 03/11/19, 04/03/19. To Court Reporter: Kimberly Farkas. (SC) 19-31821 08/23/2019 Transcript Filed Notice from Court Reporter. Kimberly Farkas stating that the requested transcripts were delivered. Dates of transcripts: 03/11/19, 004/03/19. (SC) 19-35421 10/15/2019 Motion Filed Stipulation to Extend Time to Submit Opening Brief and Appendix. (SC) 19-42597 10/15/2019 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant/Cross-Respondent's Opening Brief and Appendix due: November 15, 2019. (SC) 19-42684 11/12/2019 Motion Filed Stipulation to Extend Time to Submit Appellant/Cross-Respondent's Opening Brief and Appendix (2nd Request). (SC) 19-46262 11/26/2019 Order/Procedural Filed Order Granting Motion. Appellant/cross-respondent shall have until December 16, 2019, to file and serve the opening brief and appendix. (SC) 19-48397 12/16/2019 Motion Filed Appellant/Cross-Respondent's Republic Silver State Disposal, Inc.'s Motion to Extend Time to Submit Opening Brief and Appendix (Third Request). (SC) 19-50813 12/19/2019 Notice/Incoming Filed Respondent/Cross-Appellants' Non-Opposition To Appellant's Motion To Extend Time To Submit Opening Brief And Appendix (Third Request). (SC) 19-51429 12/23/2019 Order/Procedural Filed Order Granting Motion. Appellant/Cross-Respondent's Opening Brief and Appendix due: January 6, 2020. (SC). 19-51789 01/06/2020 Notice/Incoming Filed Notice of Appearance. Joel D. Henriod, Daniel F. Polsenberg, and Abraham G. Smith of Lewis Roca Rothgerber Christie LLP appearing as counsel for appellant/cross-respondent Republic Silver State Disposal. (SC) 20-00683 01/06/2020 Motion Filed Appellant/Cross-Respondent's Motion for Extension of Time to File Opening Brief and Appendix. (SC) 20-00685 01/16/2020 Order/Procedural Filed Order Granting Motion. Appellant/cross-respondent shall have until February 5, 2020, to file and serve the opening brief and appendix. (SC) 20-02119 02/05/2020 Appendix Filed Joint Appendix - Volume 1. (SC) 20-05057 02/05/2020 Appendix Filed JJoint Appendix - Volume 2. (SC) 20-05060 02/05/2020 Appendix Filed Joint Appendix - Volume 3. (SC) 20-05061 02/05/2020 Appendix Filed Joint Appendix - Volume 4. (SC) 20-05062 02/05/2020 Brief Filed Appellant's Opening Brief. (SC) 20-05064 02/05/2020 Appendix Filed Joint Appendix - Volume 5. (SC) 20-05065 02/05/2020 Appendix Filed Joint Appendix - Volume 6. (SC) 20-05068 02/05/2020 Appendix Filed Joint Appendix - Volume 7. (SC) 20-05072 02/12/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents/Cross-Appellants' Answering Brief on Appeal and Opening Brief on Cross-Appeal due: March 20, 2020. (SC). 20-05874 03/12/2020 Motion Filed Respondents/Cross-Appellants' Motion For Extension Of Time To File Answering Brief And Appendix (Second Request). (SC) 20-09786 03/16/2020 Order/Procedural Filed Order Granting Motion. Respondents/Cross-Appellants' Answering Brief on Appeal and Opening Brief on Cross-Appeal due: April 20, 2020. (SC). 20-10202 04/20/2020 Brief Filed Respondents/Cross-Appellants' Answering Brief On Appeal And Opening Brief on Cross-Appeal. (SC) 20-14988 04/30/2020 Notice/Incoming Filed Respondents, Andrew M. Cash, M.D.; Andrew M. Cash, M.D., P.C., Aka Andrew Miller Cash, M.D., P.C.; And Desert Institute Of Spine Care, Llc's Substitution Of Attorney (Robert McBride and Heather Hall are now with McBride Hall). (SC). 20-16438 05/19/2020 Motion Filed Stipulation and Order to Extend Time to Submit Appellant's Reply Brief on Appeal and Answering Brief on Cross-Appeal. (SC) 20-19040 05/19/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant/Cross-Respondent's Reply Brief Due: June 19, 2020. (SC) 20-19109 06/15/2020 Motion Filed Appellant/Cross Respondent's Motion to Dismiss Cross-Appeal. (SC) 20-22357 06/29/2020 Motion Filed Respondents/Cross-Appellants' Opposition to Appellant Republic Silver State Disposal, INC.'s Motion to Dismiss Cross-Appeal. (SC) 20-24034 07/06/2020 Order/Procedural Filed Order Dismissing Cross-Appeal. Appellant's motion is granted and the cross-appeal is dismissed. The clerk of this court shall amend the caption on the docket sheet to conform to the caption on this order. Appellant shall have 14 days from the date of this order to file and serve a reply brief on appeal, if deemed necessary. (SC) 20-24784 07/21/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: August 3, 2020. (SC). 20-26590 08/03/2020 Motion Filed Appellant's Motion for Extension of Time to File Reply Brief. (SC) 20-28266 08/04/2020 Motion Filed Respondents' Opposition To Appellant's Motion For Extension Of Time To File Reply Brief. (SC) 20-28446 08/11/2020 Motion Filed Appellant's Reply Brief on Motion for Extension of Time to File Reply Brief. (SC). 20-29666 08/13/2020 Order/Procedural Filed Order Denying Motion. Appellant shall have 14 days from the date of this order to file and serve the reply brief. (SC) 20-29911 08/27/2020 Brief Filed Appellant's Reply Brief. (SC) 20-31751 08/28/2020 Case Status Update Briefing Completed/To Screening. (SC) 11/02/2020 Other Justice Abbi Silver disqualified from participation in this matter. Disqualification Reason: Parties 11/23/2020 Order/Procedural Filed Order Submitting for Decision Without Oral Argument. (SC) 20-42564 12/31/2020 Opinion/Dispositional Filed Authored Opinion. "Reversed and remanded." Before: Pickering/Gibbons/Stiglich. Author: Stiglich, J. Majority: Stiglich/Pickering/Gibbons. 136 Nev. Adv. Opn. No. 88. SNP20-KP/MG/LS. (SC). 20-47000 01/12/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents' petition for rehearing due: February 2, 2021. (SC) 21-01004 01/28/2021 Notice/Incoming Filed Respondents' Notice of Appearance for John W. Muije. (SC) 21-02692 02/02/2021 Petition/Bar Filed Respondents' Petition for Rehearing. (REJECTED PER PHONE CALL) (SC) 02/02/2021 Post-Judgment Petition Filed Respondents' Petition for Rehearing. (SC) 21-03248 02/02/2021 Filing Fee Filing fee paid. E-Payment $150.00 from Heather S. Hall. (SC) 02/08/2021 Order/Procedural Filed Order. Respondents have filed a notice associating attorney John W. Muije of the Law Offices of John W. Muije & Associates as additional counsel. The clerk of this court shall add Mr. Muije to the service list as counsel for respondents for this appeal. (SC) 21-03710 02/16/2021 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[The Honorable Mark Gibbons, did not participate in the decision of this matter due to his retirement January 4, 2021.] (SC) 21-04542 03/08/2021 Motion Filed Respondents' ( Andrew M. Cash, M.D.; Andrew M. Cash, M.D., P.C., Aka Andrew Miller Cash, M.D., P.C.; And Desert Institute Of Spine Care, LLC's) Motion To Stay Issuance Of Remittitur. (SC) 21-06739 03/11/2021 Order/Procedural Filed Order Staying Issuance of Remittitur. This court hereby stays issuance of the remittitur until July 6, 2021. If the clerk of this court receives written notice by July 6, 2021, from the clerk of the United States Supreme Court that respondents have filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by July 6, 2021, the clerk shall issue the remittitur. (SC) 21-07058 05/27/2021 Motion Filed Respondents, Andrew M. Cash, M.D.; Andrew M. Cash, M.D., P.C., aka Andrew Miller Cash, M.D., P.C.; and Desert Institute of Spine Care, LLC's Motion to Stay Issuance of Remittitur. (SC) 21-15285 06/07/2021 Motion Filed Appellant's Opposition to Further Motion to Stay Issuance of Remittitur and Countermotion to Vacate Stay and Motion for Retroactive Extension of Response Deadline. (SC) 21-16256 06/11/2021 Order/Procedural Filed Order. Respondents request that issuance of the remittitur be stayed until August 16, 2021. Appellant has filed an opposition and "Countermotion to Vacate Stay and Motion for Retroactive Extension of Response Deadline. This court declines to lift the stay at this point and the countermotion is denied. Respondents' motion for an extension is granted to the following extent. Issuance of the remittitur is stayed until July 30, 2021. If the clerk of this court receives written notice by July 30, 2021, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If notice is not received by July 30, 2021, the clerk shall issue the remittitur. fn [The motion for leave to file an untimely opposition to the motion to extend the stay of remittitur is granted. The opposition was filed on June 7, 2021.] (SC) 21-16835 08/12/2021 Remittitur Issued Remittitur. (SC) 21-23482 08/12/2021 Case Status Update Remittitur Issued/Case Closed. (SC) 09/07/2021 Remittitur Filed Remittitur. Received by District Court Clerk on August 16, 2021. (SC) 21-23482 Combined Case View