THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN , 2018 NV 40 ( 2018 )

69100: Case View

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Cases Participant Search 18-20690: 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: 69100 Short Caption: THE COMM'N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN Court: Supreme Court Lower Court Case(s): Carson City - First Judicial District - 15OC000761B Classification: Civil Appeal - Administrative Agency - General Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 11/04/2015 / Levitt, Lansford SP Status: Completed Oral Argument: 03/05/2018 at 10:00 AM Oral Argument Location: Carson City Submission Date: 03/05/2018 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae City of Reno Karl Schleigh Hall (Reno City Attorney) Jonathan D. Shipman (Reno City Attorney) Amicus Curiae Nevada State Contractors Board Louis A. Ling Amicus Curiae The State of Nevada Board of Medical Examiners Aaron B. Fricke (State Board of Medical Examiners) Robert G. Kilroy (State Board of Medical Examiners) Jasmine K Mehta (State Board of Medical Examiners) Appellant The Commission on Ethics of the State of Nevada Tracy L. Chase (State of Nevada Commission on Ethics) Yvonne M. Nevarez-Goodson (State of Nevada Commission on Ethics) Respondent Ira D. Hansen Brenda J. Erdoes (Legislative Counsel Bureau Legal Division) Eileen G. O'Grady (Legislative Counsel Bureau Legal Division) Kevin C. Powers (Legislative Counsel Bureau Legal Division) Respondent Jim Wheeler Brenda J. Erdoes (Legislative Counsel Bureau Legal Division) Eileen G. O'Grady (Legislative Counsel Bureau Legal Division) Kevin C. Powers (Legislative Counsel Bureau Legal Division) Docket Entries Date Type Description Pending? Document 11/04/2015 Filing Fee Appeal Filing fee waived. State/County/Municipality. 11/04/2015 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 15-33583 11/04/2015 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. 15-33585 11/04/2015 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. 15-33610 11/12/2015 Settlement Program Report Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation and should be removed from the settlement program. 15-34546 11/16/2015 Settlement Order/Procedural Filed Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 15 days transcript request; 90 days opening brief. 15-34979 11/19/2015 Transcript Request Filed Certificate that no Transcript is Being Requested. 15-35365 11/24/2015 Docketing Statement Filed Docketing Statement Civil Appeals. 15-36042 12/07/2015 Motion Filed Respondents' Motion to Exceed Page Limit for Respondents' Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, Etc. 15-37213 12/21/2015 Order/Procedural Filed Order Granting Motion. The clerk of this court shall file the motion to dismiss received on December 7, 2015. Appellant shall have 7 days from the date of this order to file and serve a response to the motion that shall not exceed 18 pages, and respondents shall have 5 days from service of the response to file and serve any reply. 15-38941 12/21/2015 Motion Filed Respondents' Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, Etc. 15-38942 12/22/2015 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Response to Motion to Dismiss Appeal due: January 14, 2016. 15-39185 01/15/2016 Motion Filed Opposition to Respondents' Motion to Dismiss Appeal for Lack of Appellate Jurisdiction. 16-01457 01/25/2016 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents reply to response to motion to dismiss appeal for lack of appellate jurisdiction due: February 9, 2016. 16-02469 02/02/2016 Motion Filed Stipulation and Order Extending Brieifing Schedule Until Issuance of Decision on Motion to Dismiss. 16-03517 02/10/2016 Motion Filed Respondents' Motion to Exceed the Page Limit for their Reply in Support of their Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, Etc. 16-04350 02/17/2016 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant's response to the motion to exceed the page limit for respondents' reply due: March 7, 2016. 16-05127 03/08/2016 Motion Filed Opposition to Respondents' Motion to Exceed Page Limit for Respondents' Reply in Support of Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, etc. and Appellant's Motion to Strike. 16-07286 03/15/2016 Motion Filed Respondents' Reply in Support of their Motion to Exceed the Page Limit for their Reply in Support of their Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, Etc. 16-08110 03/17/2016 Motion Filed Respondents' Response in Opposition to Appellant's Motion to Strike. 16-08443 03/23/2016 Motion Filed Appellant's Reply in Support of Appellant's Motion to Strike. 16-09245 09/21/2016 Order/Procedural Filed Order Submitted For Decision Without Oral Argument. (RESCINDED PER 9/21/16 ORDER.) 16-29235 09/21/2016 Order/Clerk's Filed Order. On September 21, 2016, an order submitting this matter for decision without oral argument was erroneously filed in this matter. Accordingly, the order is hereby rescinded. 16-29365 11/28/2016 Order/Procedural Filed Order. Appellant's motion to strike is denied. Respondents' motion to exceed the page limit for their reply in support of their motion to dismiss this appeal is granted. The clerk of this court shall file the reply received on February 10, 2016, and the supplemental exhibits to the motion to dismiss, received on February 17, 2016. Briefing in this appeal is suspended pending further order of this court. fn1[Based on this order, we take no action on the parties' stipulation to extend the briefing schedule, filed February 2, 2016.] 16-36735 11/28/2016 Motion Filed Respondents' Reply in Support of their Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, Etc. 16-36736 11/28/2016 Appendix Filed Respondents' Supplemental Exhibits to Their Motion to Dismiss Appeal for Lack of Appellate Jurisdiction, Etc. 16-36737 06/29/2017 Opinion/Dispositional Filed Authored Opinion. "Appeal dismissed." Before: Pickering/Hardesty/Parraguirre. Author: Hardesty, J. Majority: Hardesty/Parraguirre. Pickering, J., dissenting. 133 Nev. Adv. Opn. No. 39. SNP16P-KP/JH/RP (OPINION VACATED PER ORDER 12/20/17). 17-21671 07/07/2017 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Petition for Rehearing due: July 31, 2017. 17-22533 08/01/2017 Post-Judgment Petition Filed Appellant's Petition for Rehearing. 17-25425 08/01/2017 Filing Fee Rehearing Filing fee waived. State/County/Municipality. 08/01/2017 Order/Procedural Filed Order Directing Answer to Petition for Rehearing. Respondents' Answer due: 15 days. 17-25501 08/03/2017 Brief Filed City of Reno's Amicus Curiae Brief Supporting Appellant's Petition for Rehearing. 17-25901 08/10/2017 Motion Filed Motion for Leave to File Amicus Curiae Brief in Support of the Commission on Ethics of the State of Nevada's Petition for Rehearing. 17-26828 08/11/2017 Motion Filed Nevada State Contractors Board Motion to File Amicus Curiae Brief In Support Of Petition For Rehearing. (DETACHED AMICUS BRIEF FROM MOTION AND RETURNED UNFILED PER 8/23/17 ORDER.) 17-26972 08/16/2017 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Answer to the Petition for Rehearing due: August 30, 2017. 17-27349 08/23/2017 Order/Procedural Filed Order Granting Motions and Rejecting Briefs. The motions for leave to file amicus briefs in support of appellant's petition for rehearing are granted. However, we are unable to file the submitted amicus briefs at this time because they contain formatting deficiencies. We direct the clerk of this court to reject the brief submitted via E-Flex on August 9, 2017, and detach the brief from the motion filed on August 11, 2017, and return it unfiled. The Nevada State Board of Medical Examiners and the Nevada State Contractors Board Amicus Briefs due: 5 days. Respondents Answer to Petition for Rehearing due: September 15, 2017. 17-28231 08/23/2017 Brief Filed Amicus Curiae Brief of the Nevada State Board of Medical Examiners in Support of the Commission on Ethics of the State of Nevada's Petition for Rehearing. 17-28371 08/24/2017 Brief Filed Nevada State Contractor Board's Amicus Curiae Brief In Support Of Petition For Rehearing. 17-28461 09/18/2017 Post-Judgment Petition Filed Respondents' Answer to Petition for Rehearing. 17-31336 09/29/2017 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Pickering, J., dissenting. 17-33162 10/03/2017 Notice of Appeal Documents Filed Copy of District Court Docket Entries. Updated Docket Sheet. 17-33555 10/05/2017 Order/Clerk's Filed Order Granting Telephonic Extension. Petition for En Banc Reconsideration due: October 30, 2017. 17-33845 10/31/2017 Post-Judgment Petition Filed Appellant's Petition for En Banc Reconsideration. 17-37266 10/31/2017 Filing Fee Rehearing Filing fee waived 11/03/2017 Motion Filed Nevada State Contractors Board's Motion To File Amicus Curiae Brief In Support Of Petition For En Banc Reconsideration. 17-37771 11/03/2017 Order/Procedural Filed Order Directing Answer to Petition for En Banc Reconsideration. Respondent's Answer due: 15 days. 17-37801 11/09/2017 Motion Filed Motion for Leave to File Amicus Curiae Brief in Support of the Commission on Ethics of the State of Nevada's Petition for En Banc Reconsideration. (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 11/17/17.) 17-38789 11/17/2017 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Answer to Petition for Rehearing due: December 4, 2017. 17-39694 11/17/2017 Order/Procedural Filed Order Granting Motions. The clerk of this court shall detach the amicus brief from the Board of Medical Examiners' motion filed on November 9, 2017, and file it separately. The Contractors Board shall have until November 27, 2017, to file and serve its amicus brief. 17-39769 11/17/2017 Brief Filed The State of Nevada Board of Medical Examiners' Amicus Brief. 17-39777 11/21/2017 Brief Filed Nevada State Contractors Board's Amicus Curiae Brief In Support Of Petition For En Banc Review. 17-40312 12/05/2017 Post-Judgment Petition Filed Respondents' Answer to Petition for En Banc Reconsideration. 17-41730 12/20/2017 Post-Judgment Order Filed Order Granting En Banc Reconsideration. This appeal is reinstated and the opinion dismissing the appeal entered on June 29, 2017, is hereby vacated. The clerk of this court is directed to schedule this appeal for argument before the en banc court on the next available calendar. 17-43997 01/22/2018 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, March 5, 2018, at 10:00 a.m. for 30 minutes in Carson City. 18-02811 02/16/2018 Notice/Outgoing Issued Oral Argument Reminder Notice. 18-06429 02/27/2018 Notice/Incoming Filed Notice of Appearance at Oral Argument (Tracy Chase and Yvonne Nevarez-Goodson to argue on behalf of Appellant Nevada Commission on Ethics). 18-07572 02/27/2018 Notice/Incoming Filed Notice of Appearance at Oral Argument (Kevin Powers to argue on behalf of Respondents Ira Hansen and Jim Wheeler). 18-07701 02/27/2018 Brief Filed Appellant's Notice of Supplemental Authorities Pursuant to NRAP 31(e). 18-07758 03/01/2018 Notice/Incoming Filed Respondents' Response to Notice of Supplemental Authorities. 18-08268 03/05/2018 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 05/31/2018 Opinion/Dispositional Filed Authored Opinion. "Appeal dismissed." Before the court En Banc. Author: Hardesty, J. Majority: Hardesty/Cherry/Gibbons/Parraguirre. Pickering, J., with whom Douglas, C.J., and Stiglich, J., agree, dissenting. 134 Nev. Adv. Opn. No. 40. EN BANC 18-20690 06/25/2018 Remittitur Issued Remittitur. 18-24089 06/25/2018 Case Status Update Remittitur Issued/Case Closed. 07/09/2018 Remittitur Filed Remittitur. Received by County Clerk on June 26, 2018. 18-24089 Combined Case View