WASHOE CTY. D.A.'S OFF. VS. THE SECOND JUD. DIST. CT. C/W 80008/80009 ( 2020 )

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Cases Participant Search 20-36876: 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: 79792 Short Caption: WASHOE CTY. D.A.'S OFF. VS. THE SECOND JUD. DIST. CT. C/W 80008/80009 Court: Supreme Court Consolidated: 79792*, 80008, 80009 Lower Court Case(s): Washoe Co. - Second Judicial District - CV1901626 Classification: Original Proceeding - Civil - Mandamus/Prohibition Disqualifications: Case Status: Notice in Lieu of Remittitur Issued/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: SP Status: Oral Argument: 07/15/2020 at 1:30 PM Oral Argument Location: Carson City Submission Date: 07/15/2020 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Petitioner Washoe County District Attorney Jennifer P. Noble (Washoe County District Attorney) Respondent Kathleen M. Drakulich Aaron D. Ford (Attorney General/Carson City) Peter P. Handy (Attorney General/Carson City) Gregory D. Ott (Attorney General/Carson City) Respondent The Second Judicial District Court of the State of Nevada, in and for the County of Washoe Aaron D. Ford (Attorney General/Carson City) Peter P. Handy (Attorney General/Carson City) Gregory D. Ott (Attorney General/Carson City) + Due Items Due Date Status Due Item Due From 11/09/2020 Overdue Original Writ Docket Entries Date Type Description Pending? Document 10/14/2019 Filing Fee Petition Filing Fee Waived. State/County/Municipality. (SC) 10/14/2019 Petition/Writ Filed Petition for Writ of Mandamus or Prohibition. (SC) 19-42326 10/14/2019 Appendix Filed Petitioner's Appendix Volume 1. (SC) 19-42343 10/14/2019 Motion Filed Petitioner's Motion to Transmit Exhibits and Pleading Containing Social Security Number. (SC) 19-42344 11/01/2019 Order/Procedural Filed Order Denying Motion. Petitioner has filed a motion for the transmission of exhibits under seal. The motion is denied without prejudice. (SC). 19-44908 12/16/2019 Order/Procedural Filed Order Consolidating Cases, Directing Petitioner to File a Supplemental Appendix, and Directing Respondents to File an Answer. Petitioner shall have 14 days from the date of this order to provide the missing documents in a supplemental appendix. Respondents shall have 28 days from the date of this order to file and serve an answer. A reply may be filed and served within 7 days from the date that the answer is filed in this court. (SC) 19-50802 12/19/2019 Notice/Incoming Filed Notice of Appearance of Counsel (Peter P. Handy for Respondents). Nos. 79792/80008/80009. (SC) 19-51446 12/23/2019 Notice/Incoming Filed Notice of Appearance of Counsel (Greg D. Ott for Respondents). Nos. 79792/80008/80009. (SC) 19-51769 12/30/2019 Motion Filed Petitioner's Motion to File Supplemental Appendix Under Seal. Nos. 79792/80008/80009. (SC) 19-52367 01/06/2020 Motion Filed Respondent's Non-opposition to Motion to File Supplemental Appendix Under Seal. Nos. 79292/80008/80009. (SC) 20-00679 01/09/2020 Order/Procedural Filed Order Granting Motion. The clerk of this court shall file the supplemental appendix received on December 31, 2019. Nos. 79792/80008/80009. (SC). 20-01044 01/09/2020 Appendix Filed Petitioner's Supplemental Appendix. (SEALED). Nos. 79792/80008/80009. (SC) 01/13/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents' Answer to the Petition for Writ of Mandamus or Prohibition due: January 27, 2020. Nos. 79792/80008/80009. (SC). 20-01497 01/27/2020 Petition/Writ Filed Respondents' Answer to the Petitions for Writ of Mandamus or Prohibition. Nos. 79792/80008/80009. (SC) 20-03741 01/27/2020 Appendix Filed Respondents' Appendix. Nos. 79792/80008/80009. (SC) 20-03742 02/03/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Petitioner's Reply to the Answer to the Petition for Writ due: February 18, 2020. Nos. 79792/80008/80009. (SC). 20-04523 02/18/2020 Appendix Filed Petitioner's Reply Appendix. Nos. 79792/80008/80009. (SC) 20-06707 02/18/2020 Motion Filed Petitioner's Motion for Order for Transmission of Sealed Transcript (1/9/20). Nos. 79792/80008/80009. (SC) 20-06708 02/18/2020 Motion Filed Petitioner's Motion for Order for Transmission of Sealed Transcript (12/4/19). Nos. 79792/80008/80009. (SC) 20-06709 02/18/2020 Motion Filed Petitioner's Motion for Order for Transmission of Sealed Transcript (12/19/19). Nos. 79792/80008/80009. (SC) 20-06710 02/18/2020 Petition/Writ Filed Petitioner's Reply in Support of Petition for Writ of Mandamus or Prohibition. Nos. 79792/80008/80009. (SC) 20-06712 02/19/2020 Case Status Update Briefing Completed/To Screening. (SC) 02/25/2020 Motion Filed Respondents' Opposition to Motions for Order for Transmision of Sealed Transcript. Nos. 79792/80008/80009. (SC) 20-07639 03/03/2020 Motion Filed Petitioner's Reply in Support of Motion for Order For Transmission of Sealed Transcript. Nos. 79792/80008/80009. (SC) 20-08563 03/19/2020 Order/Procedural Filed Order Denying Motions. Petitioner has filed three motions to transmit sealed transcripts of district court hearings. The motions to transmit the transcripts are denied without prejudice. fn1 [The information to be sealed shall be kept confidential pending this court's ruling on the motion to seal.] Nos. 79792/80008/80009. (SC). 20-10796 05/29/2020 Motion Filed Petitioner's Motion for Order for Transmission of Sealed Transcript. Nos. 79792/80008/80009. (SC) 20-20340 05/29/2020 Motion Filed Petitioner's Motion to File Supplemental Appendix Under Seal. Nos. 79792/80008/80009. (SC) 20-20345 06/05/2020 Motion Filed Respondents' Non-Opposition to Petitioner's Motions to File Supplemental Appendix Under Seal and for Order for Transmission of Sealed Transcript. Nos. 79792/80008/80009. (SC). 20-21254 06/11/2020 Order/Procedural Filed Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument on July 15, 2020, at 1:30 p.m. in Carson City. The argument shall be limited to 30 minutes. Due to the coronavirus pandemic, while in the courtroom attendees will be required to abide by the court's social distancing standards then in effect as recommended by the CDC. The court will also maintain recommended sanitizing standards from the CDC in the courtroom between each case argued. Nos. 79792/80008/80009. (SC). 20-21892 06/15/2020 Order/Procedural Filed Order Granting Motions. Petitioner has filed a motion to direct the district court clerk to transmit a sealed transcript to this court and a motion to file additional sealed transcripts under seal in a supplemental appendix. The motions are granted. The clerk of the district court shall have 14 days from the date of this order to transmit to this Court, under seal, the transcript of proceedings for the sealing hearing that took place in Department 10 on December 19, 2019, at 9:00 a.m. in the matter of Mailyn Deposoy Kang, District Court Case No. CV19-01896. The clerk of this court shall file the supplemental appendix received on June 3, 2020, under seal. Nos. 79792/80008/80009. (SC). 20-22178 06/15/2020 Appendix Filed Supplemental Appendix (SEALED). Nos. 79792/80008/80009. (SC). 06/17/2020 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on July 15, 2020 at 1:30 p.m. in Carson City. Nos. 78792/80008/80009 (SC) 20-22587 06/25/2020 Transcript Filed Transcipts of Proceedings (SEALED). Nos. 79792/80008/80009. (SC) 06/30/2020 Notice/Outgoing Issued Oral Argument Reminder Notice Nos. 79792/80008/80009. (SC) 20-24161 07/15/2020 Case Status Update Oral argument held this day. Case submitted for decision. Northern Nevada Panel. 79792. (NNP20-RP/EC/JH) (SC) 10/08/2020 Opinion/Dispositional Filed Authored Opinion. "Petitions granted." Before: Parraguirre/Hardesty/Cadish. Author: Parraguirre, J. Majority: Parraguirre/Hardesty/Cadish. fn2 [All three writ petitions name the State of Nevada as the petitioner. This appears to be a clerical error because the Washoe County DA filed the petitions. Accordingly, we direct the clerk of this court to modify the captions on the petitions to conform to the captions in this opinion.] 136 Nev. Adv. Opn. No. 67. NNP20-RP/JH/EC. Nos. 79792/80008/80009. (SC). 20-36876 10/08/2020 Writ Issued Writ with letter. Original and one copy of writ and copy of opinion mailed to WCDA for service upon Judge Drakulich. Nos. 79792/80008/80009. (SC) 20-36901 11/06/2020 Writ Filed Returned Writ. Original Writ returned. Served on Judge Kathleen Drakulich on October 15, 2020. Nos. 79792/80008/80009 (SC) 20-40656 11/23/2020 Remittitur Issued Notice in Lieu of Remittitur. Nos. 79792/80008/80009. 20-42831 11/23/2020 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed. (SC) Combined Case View