STATE ENGINEER VS. HAPPY CREEK, INC. ( 2019 )

74266: Case View

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Cases Participant Search 19-38083: 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: 74266 Short Caption: STATE ENGINEER VS. HAPPY CREEK, INC. Court: Supreme Court Lower Court Case(s): Humboldt Co. - Sixth Judicial District - CV 20,869 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Exempt Oral Argument: 02/05/2019 at 2:00 PM Oral Argument Location: Carson City Submission Date: 02/05/2019 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Nevada State Engineer James N. Bolotin (Attorney General/Carson City) Justina Alyce Caviglia (Former) (Attorney General/Carson City) Appellant The State of Nevada Department of Conservation and Natural Resources, Division of Water Resources James N. Bolotin (Attorney General/Carson City) Justina Alyce Caviglia (Former) (Attorney General/Carson City) Appellant Tim Wilson, P.E. James N. Bolotin (Attorney General/Carson City) Respondent Happy Creek, Inc. Timothy D. O'Connor (Taggart & Taggart, Ltd.) Paul G. Taggart (Taggart & Taggart, Ltd.) Docket Entries Date Type Description Pending? Document 10/20/2017 Filing Fee Filing Fee Waived - State/County/Municipality. 10/20/2017 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 17-36054 10/20/2017 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. 17-36056 10/23/2017 Settlement Notice Issued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellant(s) 15 days transcript request form; 120 days opening brief: 17-36144 10/25/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 08/14/17. To Court Reporter: Deborah Hines. 17-36729 11/07/2017 Transcript Filed Notice from Court Reporter. Debbie Hines stating that the requested transcripts were delivered. Dates of transcripts: None listed. 17-38255 11/08/2017 Docketing Statement Filed Docketing Statement Civil Appeals. 17-38433 02/16/2018 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Opening Brief and Appendix due: March 6, 2018. 18-06473 03/06/2018 Brief Filed Appellant's Opening Brief. 18-08881 03/06/2018 Appendix Filed Appendix to Opening Brief, Joint Appendix - Vols. 1 thru 4. 18-08882 03/06/2018 Appendix Filed Appendix to Opening Brief, Joint Appendix - Vols. 5 thru 8. 18-08887 03/06/2018 Appendix Filed Appendix to Opening Brief, Joint Appendix - Vols. 9 thru 12. 18-08888 03/06/2018 Appendix Filed Appendix to Opening Brief, Joint Appendix - Vols. 13 thru 16. 18-08889 03/06/2018 Appendix Filed Appendix to Opening Brief, Joint Appendix - Vol. 17 18-08890 04/02/2018 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondent's Answering Brief due: April 19, 2018. 18-12500 04/20/2018 Brief Filed Respondent's Answering brief. 18-15271 05/11/2018 Notice/Incoming Filed Change of Attorney for Appellant State Engineer. Deputy Attorney General James N. Bolotin appearing in place of Justina A. Caviglia. 18-18169 05/21/2018 Brief Filed Appellant's Reply Brief. 18-19384 05/21/2018 Case Status Update Briefing Completed/To Screening. 01/04/2019 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, February 5, 2019, at 2:00 p.m. for 30 minutes in Carson City. (SC) 19-00589 01/18/2019 Notice/Incoming Filed Notice of Substitution of Appellant Jason King, Nevada State Engineer. (SC) 19-02962 01/22/2019 Order/Procedural Filed Order of Substitution. Pursuant to the notice of substitution filed on January 18, 2019, Tim Wilson, P.E., is substituted in this matter in place of Jason King P.E., as Nevada State Engineer. The clerk shall amend the caption accordingly. (SC). 19-03330 01/23/2019 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 19-03393 01/31/2019 Brief Filed Respondent Happy Creek, Inc.'s Notice of Supplemental Authority (NRAP 31(e)). (SC) 19-04824 02/01/2019 Brief Filed Appellant State Engineer's Response to Respondent Happy Creek, Inc.'s Notice of Supplemental Authority (NRAP 31(e)). (SC) 19-05168 02/05/2019 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. (SC) 09/12/2019 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Pickering, J. Majority: Gibbons/Pickering/Parraguirre/Cadish/Silver. Hardesty, J., with whom Stiglich, J., agrees dissenting. 135 Nev. Adv. Opn. No. 41. EN BANC (SC) 19-38083 10/07/2019 Remittitur Filed Remittitur. (SC) 19-41384 10/07/2019 Case Status Update Remittitur Issued/Case Closed. (SC) 10/15/2019 Remittitur Filed Remittitur. Received by County Clerk on October 8, 2019. (SC) 19-41384 Combined Case View