Franchise Tax Bd. of Cal. v. Hyatt, 335 P.3d 125

53264: Case View

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Cases Case Search Participant Search 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: 53264 Short Caption: FRANCHISE TAX BD. VS. HYATT Classification: Civil Appeal - General - Other Related Case(s): 35549, 36390, 39274, 39312, 47141 Lower Court Case(s): Clark Co. - Eighth Judicial District - A382999 Case Status: Rehearing Filed Disqualifications: Saitta Panel Assigned: En Banc Replacement: None for Justice Saitta To SP/Judge: SP Status: Oral Argument: 06/18/2012 at 10:00 AM Oral Argument Location: Carson City Submission Date: 06/18/2012 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae Multistate Tax Commission Bruce J. Fort Charles Wayne Howle (Attorney General/Carson City) Clark Len Snelson (Utah Attorney General's Office) Appellant/Cross-Respondent Franchise Tax Board of the State of California James W. Bradshaw (McDonald Carano Wilson LLP/Reno) Robert L. Eisenberg (Lemons, Grundy & Eisenberg) Carrie McCrea Hanlon (Pyatt Silvestri & Hanlon) Carla Higginbotham (McDonald Carano Wilson LLP/Reno) Pat Lundvall (McDonald Carano Wilson LLP/Reno) Megan L. Starich (McDonald Carano Wilson LLP/Reno) Respondent/Cross-Appellant Gilbert P. Hyatt Peter C. Bernhard (Kaempfer Crowell/Las Vegas) Mark A. Hutchison (Hutchison & Steffen, LLC) Don Kula (Perkins Coie) Daniel F. Polsenberg (Lewis Roca Rothgerber LLP/Las Vegas) Michael K. Wall (Hutchison & Steffen, LLC) 14-30944: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 02/13/2009 Filing Fee Received Filing Fee Paid on Filing. $250.00 from McDonald firm - check no. 17292. 02/13/2009 Notice of Appeal Documents Filed Certified Copy of Notice of Appeal/Settlement. --SEALED--Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) 02/18/2009 Motion Filed Motion for Stay. Motion for Stay Pending Appeal Without Bond. 09-04175 02/18/2009 Appendix Filed Appendix. Volume 1. Appendix to Motion for Stay Pending Appeal Without Bond. 09-04177 02/18/2009 Appendix Filed Appendix. Volume 2. Appendix to Motion for Stay Pending Appeal Without Bond. 09-04178 02/18/2009 Appendix Filed Appendix. Volume 3. Appendix to Motion for Stay Pending Appeal Without Bond. 09-04179 02/18/2009 Notice/Outgoing Issued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days. 09-04262 02/19/2009 Other Disqualification of Justice Saitta. Sat in district court proceedings. 02/19/2009 Notice/Outgoing Issued Notice of Justice Disqualification. Justice Saitta sat in district court proceedings. 09-04346 02/23/2009 Docketing Statement Filed Docketing Statement. 09-04703 02/24/2009 Motion Filed Motion to Extend Time. Respondent Gilbert P. Hyatt's Motion for Extension of Time Within Which to Serve and File Opposition to Appellant's Motion for Stay Pending Appeal Without Bond. 09-04736 02/26/2009 Transcript Request Filed Certificate of No Transcript Request. Certificate Pursuant to NRAP 9(a). 09-05063 02/26/2009 Order/Procedural Filed Order Granting Motion. for an Extension of Time to File Opposition. Respondent shall file and serve his opposition by March 12, 2009. 09-05068 03/11/2009 Filing Fee Received Filing Fee Paid on Filing. $250.00 from Hutchison & Steffen, LLC--check no. 4820. 03/11/2009 Notice of Appeal Documents Filed Certified Copy of Notice of Cross-Appeal. --FILED UNDER SEAL--(Docketing statement mailed to counsel for cross-appellant.) 09-06209 03/12/2009 Motion Filed Response to Motion. Respondents Gilbert P. Hyatt's Opposition to Appellant's Motion for Stay Pending Appeal Without Bond. 09-06362 03/12/2009 Appendix Filed Appendix. Volume 1 Hyatt's Appendix of Exhibits in Support of Respondent Gilbert P. Hyatt's Motion for Stay Pending Appeal Without Bond. 09-06365 03/13/2009 Order/Incoming Filed District Court Order. Copy of Discovery Commissioner's Report and Recommendation filed March 18, 1999, stating, "The court file in this case is sealed. All documents filed with the Court shall be done so under seal." 09-06549 03/17/2009 Notice/Outgoing Issued Notice to Confirm as Counsel. Issued to all counsel. Due Date: 10 days 09-06710 03/18/2009 Notice of Appeal Documents Filed Case Appeal Statement. Amended Case Appeal Statement. 09-06887 03/20/2009 Docketing Statement Filed Docketing Statement. Respondent/Cross-Appellant Gilbert Hyatt. 09-07129 03/20/2009 Transcript Request Filed Certificate of No Transcript Request. Submitted by counsel for respondent/cross-appellant. 09-07130 03/20/2009 Letter/Incoming Filed Letter. from attorney Robert L. Eisenberg confirming as counsel of record for appellant Franchise Tax Board. 09-07151 03/24/2009 Letter/Incoming Filed Letter. from attorney Carla B. Higginbotham of McDonald Carano Wilson confirming as counsel for Appellant/Cross-Respondent. 09-07408 03/27/2009 Motion Filed Motion for Permission to File Document. Request for Permission to File Reply in Support of Motion for Stay Pending Appeal Without Bond. 09-07680 03/27/2009 Motion Received Reply to Response. Reply in Support of Motion for Stay Pending Appeal Without Bond. FILED PER ORDER OF 4/8/09. 09-07683 04/02/2009 Motion Filed Response to Motion. Objection by Respondent Gilbert P. Hyatt to Appellant's Request to File Reply in Support of Motion for Stay Pending Appeal Without Bond. 09-08293 04/02/2009 Appendix Filed Appendix. Volume 1 Hyatt's Supplemental Appendix of Exhibits in Support of Respondent Gilbert P. Hyatt's Objection to Appellant's Request to File reply in Support of Motion for Stay Pending Appeal Without Bond. 09-08296 04/03/2009 Notice/Incoming Filed Notice. Errata to Appellant's Request for Permission to File Reply, and to Proposed Reply, Regarding Motion for a Stay Without a Bond. 09-08444 04/08/2009 Order/Procedural Filed Order Granting Motion. for Stay without Bond. We grant the motion for stay and direct the clerk of this court to file the reply provisionally received on March 27, 2009. 09-08787 04/08/2009 Motion Filed Reply to Response. in Support of Motion for Stay Pending Appeal without Bond. 09-07683 05/15/2009 Filing Fee Returned Filing Fee. Check No. 17661 returned to McDonald Carano Wilson. 05/15/2009 Notice of Appeal Documents Filed Certified Copy of Notice of Appeal/Amended/Supplemental. 09-12079 05/18/2009 Motion Filed Motion. Motion for Prehearing Conference Pursuant to NRAP 33. 09-12287 05/18/2009 Motion Filed Motion. Motion to Suspend Briefing Schedule Pending Determination of Motion for Prehearing Conference Pursuant to NRAP 33. 09-12288 05/21/2009 Motion Filed Response to Motion. Response by Respondent Gilbert P. Hyatt to Appellant's Motion for Prehearing Confenece Pursuant ot NRAP 33. 09-12636 05/28/2009 Letter/Incoming Filed Letter. from Peter C. Bernhard confirming as counsel for Respondent/Cross-Appellant. (Filed via fax). 09-13340 06/02/2009 Order/Procedural Filed Order Denying Motion. Requesting an NRAP 33 Prehearing Conference. Fn1 [In light of our resolution, we deny as moot appellant/cross-respondent's motion to suspend briefing pending resolution of the motion for a prehearing conference.] 09-13659 06/08/2009 Motion Filed Motion and Order Extending Time. (Appellant/Cross-Respondent). Brief due: July 20, 2009. 09-14286 06/26/2009 Notice/Incoming Filed Notice of Change of Address. Notice of Change of Firm and Address (Peter C. Bernhard). 09-15842 06/30/2009 Notice/Incoming Filed Notice of Change of Address. Notice of Change of Firm Address (Donald J. Kula of Perkins Coie). 09-16164 07/20/2009 Motion Filed Motion for Excess Pages. Motion for Permission to File an Opening Brief in Excess of Thirty Pages. (118 pages). 09-17722 07/20/2009 Brief Received Opening Brief. (FILED PER ORDER 08/07/09). 07/20/2009 Appendix Received Appendix to Opening Brief. Vols. 1 through 93. (FILED PER ORDER 08/07/09). 07/20/2009 Brief Filed Amicus Brief. Amicus Curiae Brief of the State of Utah. (Joined in by the States of Arkansas, Colorado, Delaware, Florida, Idaho, Maine, Maryland, Missouri, Ohio, Oklahoma, North Dakota, Tennessee, Vermont, Virginia and Washington). 09-17734 07/20/2009 Notice/Incoming Filed Notice. Notice of Concurrence. 09-17739 07/20/2009 Motion Filed Motion. Filed Motion to Allow Association of Counsel for Purpose of Permitting Filing of Brief by States as Amici Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Clark Len Snelson, Esq.) 09-17747 07/20/2009 Motion Filed Motion. Filed Motion to Allow Association of Counsel for Purpose of Permitting Filing of Brief by Multistate Tax Commission as Amici Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Bruce J. Fort, Esq.) 09-17750 07/20/2009 Motion Filed Motion. Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Multistate Tax Commission) 09-17753 07/22/2009 Motion Filed Motion. Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. (Multistate Tax Commission (MTC)) 09-17943 07/22/2009 Brief Received Amicus Brief. (FILED PER ORDER 08/07/09). Brief of Amicus Curiae Multistate Tax Commission in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California 07/22/2009 Motion Filed Motion. (STRICKEN PER ORDER 08/07/09). Motion to Strike Motion for Leave to File Brief as Amicus Curiae in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. 09-17947 07/29/2009 Motion Filed Motion. Respondent Gilbert P. Hyatt's: (1) Opposition to Motion by Multistate Tax Commission for Leave to File Amicus Curiae Brief; (2) Motion to Strike Amicus Curiae Brief of the State of Utah; (3) Motion to Strike Notice of Concurrence. 09-18503 07/31/2009 Notice/Incoming Filed Joinder. Joinder to Amicus Curiae Brief of the State of Utah. (States of Louisiana and New Jersey). 09-18734 08/06/2009 Motion Filed Response to Motion. Response to Hyatt's Motion to Strike Amicus Curiae Brief and Notice of Concurrence. 09-19209 08/06/2009 Motion Filed Motion. Motion to Extend Time and Permit Expanded Briefing for Respondent's Answering Brief. (Respondent/Cross-Appellant) 09-19221 08/06/2009 Motion Filed Response to Motion. Opposition to Respondent Gilbert P. Hyatt's (1) Opposition to Motion by Multistate Tax Commission for Leave to File Amicus Curiae Brief; (2) Motion to Strike Amicus Curiae Brief of the State of Utah; (3) Motion to Strike Notice of Concurrence. 09-19246 08/06/2009 Motion Filed Response to Motion. Opposition to Respondent Gilbert P. Hyatt's Motion to Strike Amicus Curiae of the State of Utah and Motion to Strike Notice of Concurrence. 09-19247 08/07/2009 Order/Procedural Filed Order. Resolving Motions. We direct the clerk of this court to file the opening brief and appendices received on July 20, 2009. Two motions for association of counsel for purposes of filing amicus curiae briefs have been filed by the Solicitor General for the State of Nevada, one for association of Clark Len Snelson, Esq., for filing an amicus curiae brief on behalf of the state of Utah and 15 other states, and one for association of Bruce J. Fort, Esq., for filing an amicus curiae brief on behalf of the Multistate Tax Commission. Having reviewed the motions, we grant both. The Nevada Solicitor General also filed a motion on behalf of the Multistate Tax Commission requesting leave to file an amicus curiae brief. Then, the Nevada Solicitor General filed a motion to strike the previous motion because the Multistate Tax Commission filed its own motion requesting leave to file an amicus curiae brief. We grant the motion to strike the motion to file an amicus curiae brief filed by the Nevada Solicitor General. We grant the motion by the Multistate Tax Commission to file an amicus curiae brief and deny Hyatt's motions to strike. We direct the clerk of this court to file the amicus curiae brief of the Multistate Tax Commission that was provisionally received on July 22, 2009. 09-19313 08/07/2009 Brief Filed Opening Brief. Appellant/Cross-Respondent. 09-17730 08/07/2009 Appendix Filed Appendix to Opening Brief. Vols. 1 through 93. 09-17732 08/07/2009 Brief Filed Amicus Brief. Brief of Amicus Curiae Multistate Tax Commission in Support of Appellant/Cross-Respondent Franchise Tax Board of the State of California. 09-17945 08/10/2009 Motion Filed Response to Motion. Notice of Non-Opposition. 09-19437 08/17/2009 Motion Filed Response to Motion. Amicus Curiae Multistate Tax Commission's Notice of Non-Opposition. 09-19932 08/21/2009 Order/Procedural Filed Order. Granting in Part Requests for Extension of Time and to File Brief with Excess Pages. Respondent/Cross-Appellant shall have 90 days from the date of our August 7, 2009, order, which directed the filing of appellant/cross-respondent's openng brief.Respondent/Cross-Appellant may file a brief with excess pages, however, he is limited to 20 pages longer then appellant/cross-respondent's opening brief. 09-20456 08/21/2009 Notice/Incoming Filed Notice. Notice of Change of Firm Name (Kaempfer Crowell Renshaw Gronauer & Fiorentino). 09-20467 09/14/2009 Letter/Incoming Filed Letter. - copy of letter from attorney Pat Lundval to opposing counsel providing corrections to the opening brief. 09-22290 09/29/2009 Motion Filed Motion for Permission to File Document. Motion for Leave to File a Supplemental Appendix. (Appellant/Cross-Respondent) (DETACHED AND FILED SUPPLEMENTAL APPENDIX PER ORDER 10/06/09). 09-23725 09/29/2009 Notice/Incoming Filed Errata. To Appellant/Cross-Respondent's Opening Brief. 09-23726 09/30/2009 Motion Filed Response to Motion. Notice of Non-Opposition 09-23849 10/06/2009 Order/Procedural Filed Order. Granting Motion to File Supplemental Appendix. We grant appellant/cross-respondent Franchise Tax Board of the State of California's motion to file a supplemental appendix. We direct the clerk of this court to detach and file the supplemental appendix attached to the motion. 09-24429 10/06/2009 Appendix Filed Appendix. Supplemental Appellant's Appendix. 09-24437 10/14/2009 Motion Filed Motion to Extend Time. Respondent/Cross-Appellant. 09-25108 10/19/2009 Motion Filed Response to Motion. Limited opposition to Hyatt's motion for an extension of time for respondent's answering brief. 09-25506 10/22/2009 Motion Filed Motion for Permission to File Document. Motion for Leave to File Limited Reply in Support of Motion to Extend Time for Respondent's Answering Brief. PER ORDER OF 10/06/09 DETACHED AND FILED REPLY. 09-25904 11/06/2009 Order/Procedural Filed Order Granting Motion. for extension of time. Combined answering brief and opening brief due: 12/21/09. Fn1 [We grant Respondent/cross-appellant's motion to file a reply to the opposition to this motion. We direct the clerk of this court to detach and file the reply attached to the motion.] 09-27138 11/06/2009 Motion Filed Reply to Response. Limited Reply in Support of Motion to Extend Time for Respondent's Answering Brief. 09-27148 11/23/2009 Notice/Incoming Filed Notice of Change of Address. Kaempfer Crowell Renshaw Gronauer & Fiorentino. 09-28559 12/04/2009 Notice/Incoming Filed Notice. Notice of Related Case and Request for Notification to the Panel in Xtreme Faith Academy v. Landry, Case No. 52044 of This Matter. 09-29363 12/14/2009 Notice/Incoming Filed Notice. Hyatt's Response to FTB's Notice of Related Case and Request for Notification to Panel in Xtreme Faith Academy v. Landry, Case No. 52044 of this Matter. 09-30190 12/21/2009 Appendix Filed Appendix to Answering Brief. Volumes 1-101. (Responsent/Cross-Appellant) 09-30822 12/21/2009 Notice/Incoming Filed Proof of Service. -Respondent's Appendix. 09-30851 12/21/2009 Motion Filed Motion to Extend Time. (15) days. 09-30869 12/22/2009 Motion Filed Response to Motion. Opposition to Hyatt's Third Motion for an Extension of Time to File Respondent's Answering Brief 09-31043 12/28/2009 Order/Procedural Filed Order. Granting Motion for Extension of Time. Respondent/cross-appellant Gilbert P. Hyatt's combined answering brief and opening brief due: January 5, 2010. We will not consider another extension of time for Hyatt to file his brief. If Hyatt fails to file his brief in this court by January 5, the case shall stand submitted without his brief. 09-31289 01/05/2010 Motion Filed Motion for Excess Pages. Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief. (Respondent/Cross-Appellant) 10-00251 01/06/2010 Brief Received Answering Brief. (FILED PER ORDER 01/26/10). Respondent/Cross-Appellant. 01/06/2010 Notice/Incoming Filed Notice. Submission of Responsent's Appendix in Electronic Format (CD). (Respondent/Cross-Appellant) 10-00273 01/07/2010 Motion Filed Response to Motion. Opposition to Motion to Permit Expanded Briefing for Respondent's Brief 10-00532 01/11/2010 Motion Filed Motion for Permission to File Document. Motion for leave to File Reply in Support of Motion to Permit Expanded Briefing For Respondent's Answering Brief And Opening Cross Appeal Brief. (DETACHED AND FILED SEPARATELY PER ORDER 01/26/10 Reply in Support of Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief). 10-00734 01/26/2010 Order/Procedural Filed Order. Granting Motion to File Brief with Excess Pages. We direct the clerk ot this court to file the Hyatt's proposed brief received on January 6, 2010. fn1We grant Hyatt's motion for permission to file a reply to the opposition to the motion for permission to file a brief with excess pages. We direct the clerk of this court to detach and file the proposed reply attached to Hyatt's motion.] 10-02103 01/26/2010 Brief Filed Answering Brief. Respondent/Cross-Appellant. 10-00270 01/26/2010 Motion Filed Reply to Response. Reply in Support of Motion to Permit Expanded Briefing for Respondent's Answering Brief and Opening Cross Appeal Brief. 10-02116 01/27/2010 Notice of Appeal Documents Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Second Supplemental and/or Amended Notice of Appeal. 10-02266 02/01/2010 Motion Filed Motion to Extend Time. Appellant/Cross-Respondent FTB's Motion to Extend Time to File Appellant's Reply Brief. 10-02696 02/04/2010 Motion Filed Response to Motion. Notice of Non-Opposition to FTB's Motion to Extend Time to File Appellant's Reply Brief. (Respondent/Cross-Appellant) 10-03171 02/19/2010 Order/Procedural Filed Order. Granting Motion for Extension of Time. Appellant/Cross-Respondent: Combined Reply Brief and Answering Brief on Cross-Appeal due on or before April 30, 2010. 10-04588 03/12/2010 Order/Procedural Filed Order. Regarding Second Supplement to Notice of Appeal. Supplemental Opening Brief due: 75 days. Supplemental Answering Brief due: 30 days from service of Supp. OB, and Supplemental Reply Brief due: 30 days from service of Supp. AB. 10-06609 04/08/2010 Motion Filed Motion to Extend Time. Franchise Tax Board's Second Motion to Extend Time for Reply Brief on Appeal and Answering Bried on Cross-Appeal. 10-09144 04/09/2010 Motion Filed Response to Motion. Notice of Non-Opposition to FTB's Second Motion to Extend Time for Reply Brief on Appeal and Answering Brief on Cross-Appeal. 10-09324 04/16/2010 Order/Procedural Filed Order Granting Motion. for extention of time. Franchise Tax Board combined brief due May 31, 2010. 10-09949 05/06/2010 Motion Filed Motion to Extend Time. FTB's Motion to Extend Time to File Appellant's Supplemental Opening Brief Regarding Award of Costs. (14) days. 10-11773 05/07/2010 Motion Filed Response to Motion. Notice of Non-Opposition to FTB's Motion to Extend Time to File Appellant's Supplemetnal Opening Brief Regarding Award of Costs. 10-11899 05/21/2010 Order/Procedural Filed Order. Granting Extension of Time. Appellant/cross-respondent's Supplemental Opening Brief due: June 8, 2010. The supplemental briefing shall then proceed as outlined in our March 12, 2010, order. 10-13279 06/01/2010 Motion Filed Motion for Excess Pages. Motion for Permission to File Reply Brief in Excess of 30 Pages. 10-14030 06/01/2010 Brief Received Reply Brief. Appellant/Cross-Respondent. 06/01/2010 Appendix Filed Appendix to Reply Brief. Vols. 1 through 48. CD-ROM included. (Appellant/Cross-Respondent). 10-14032 06/08/2010 Brief Filed Supplemental Brief. Appellant's Supplemental Opening Brief Regarding Costs. (Appellant/Cross-Respondent) 10-14617 06/08/2010 Appendix Filed Appendix. Appellant's Supplemental Opening Brief Regarding Costs Appendix Vols 1-26. (Appellant/Cross-Respondent) 10-14619 06/11/2010 Order/Procedural Filed Order. Granting Motion. We direct the clerk of this court to file the combined reply brief received on June 1, 2010. 10-15139 06/11/2010 Brief Filed Reply Brief. Appellant/Cross-Respondent. 10-14031 06/28/2010 Motion Filed Motion to Extend Time. Motion to Extend Time for Respondent's Answering Brief Regarding Costs. (67) days. (Respondent/Cross-Appellant) 10-16851 06/28/2010 Motion Filed Motion to Extend Time. Motion to Extend Time for Respondent's Reply Brief in Cross-Appeal. (75) days. (Respondent/Cross-Appellant) 10-16852 07/19/2010 Order/Procedural Filed Order. Granting in Part Motions for Extensions of Time. Hyatt's Reply Brief due: August 16, 2010. Hyatt's Supplemental Answering Brief due: September 13, 2010. 10-18312 08/11/2010 Notice/Incoming Filed Notice. Notice of Submission of FTB's Embedded Appeal Briefs. 10-20725 08/13/2010 Motion Filed Motion. Motion for Leave to file Sur-reply of 30 pages in Partial Response to the FTB's 145 page Reply Brief. (DETACHED AND RETURNED UNFILED REPSONDENT'S SUR-REPLY PER ORDER 10/04/10). 10-21058 08/13/2010 Brief Filed Reply Brief on Cross-Appeal. Respondent's Reply Cross-Appeal Brief. 10-21059 08/16/2010 Appendix Filed Appendix to Reply Brief. Appendix of Exhibits for Respondent's Proposed Sur-Reply. Vols. 1 through 3. (STRICKEN PER ORDER 10/04/10). 08/24/2010 Motion Filed Response to Motion FTB's Opposition to Hyatt's Motion for Leave to File Sur-Reply 10-21659 09/13/2010 Brief Filed Supplemental Brief-Respondent's Supplemental Answering Brief Regarding Costs. 10-23579 09/14/2010 Appendix Filed Appendix of Exhibits for Respondent's Supplemental Answering Brief Regarding Costs. 10-23581 09/14/2010 Notice/Incoming Filed Certificate of Service of Appendix in Support of Respondent's Supplemental Answering Brief Regarding Costs. 10-23582 10/04/2010 Order/Procedural Filed Order Denying Motion to File Sur-Reply. We deny the motion for leave to file a sur-reply and direct the clerk of this court to return, unfiled, the proposed sur-reply submitted by Hyatt on August 13, 2010, and to strike the appendix to the sur-reply filed on August 16, 2010. 10-25521 10/12/2010 Brief Filed Appellant's Supplemental Reply Brief Regarding Costs. 10-26724 12/09/2010 Notice/Incoming Filed Notice of Submission of FTB's Embedded Supplemental Briefs Regarding Costs. 10-32154 01/20/2011 Notice/Incoming Filed FTB's Notice of Submission of Respondent's Embedded Briefs. 11-02055 01/21/2011 Notice/Incoming Filed Hyatt's Notice of Intent to Submit Embedded (i) Respondent's Answering and Opening Cross Appeal Brief; (ii) Respondent's Reply Cross-Appeal Brief; and (iii) Respondent's Supplemental Answering Brief Regarding Costs. 11-02177 02/04/2011 Notice/Incoming Filed Notice of Submission of Hyatt's Embedded (i) Answering Brief and Opening Cross Appeal Brief: (ii) Reply Brief on Cross Appeal; and (iii) Answering Brief on Cost Appeal. 11-03559 02/04/2011 Exhibit Received Exhibits (copies). DVD/CD of Hyatt's Embedded (i) Answering Brief and Opening Cross Appeal Brief: (ii) Reply Brief on Cross Appeal; and (iii) Answering Brief on Cost Appeal. 02/24/2012 Order/Procedural Filed Order Setting Oral Argument. We direct the clerk of this court to schedule oral argument on the next available calendar before the full court. Argument shall be one hour. 12-05946 02/27/2012 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, April, 3, 2012, @ 10:00 a.m.. Argument shall be limited 60 minutes. 12-06127 03/05/2012 Motion Filed Motion to Postpone Oral Argument for 30 Days. 12-06887 03/06/2012 Motion Filed Opposition to Motion to Postpone Oral Argument. 12-07091 03/06/2012 Motion Filed Reply in Support of Motion to Postpone Oral Argument for 30 Days. 12-07226 03/07/2012 Order/Clerk's Filed Order Granting Motion. Oral argument presently scheduled for April 3, 2012, at 10:00 a.m., is hereby vacated. The clerk of this court is directed to schedule this appeal for oral argument before the en banc court on May 7, 2012. Argument shall be limited to 60 minutes 12-07339 04/02/2012 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral argument is scheduled for Monday, May 7, 2012, at 1:30 p.m. in Carson City. Argument shall be limited to one hour. 12-10235 04/13/2012 Brief Filed Appellant's Supplemental Authorities (Oral Argument: May 7, 2012). 12-11889 04/17/2012 Notice/Incoming Filed Notice of Appearance (Daniel Polsenberg of Lewis and Roca appearing on behalf of respondent/cross-appellant Gilbert P. Hyatt. 12-12204 04/23/2012 Notice/Outgoing Issued Oral Argument Reminder Notice. 12-12897 04/26/2012 Brief Filed Respondent's Supplemental Authorities and Response to Appellant's Supplemental Authorities. 12-13229 05/07/2012 Case Status Update Oral argument held this day. Case submitted for decision before the En Banc Court. 05/11/2012 Order/Procedural Filed Order Scheduling Additional Oral Argument. The clerk of this court shall schedule this matter for oral argument on Monday, June 18, 2012, at 10:00 a.m., at the courtroom in Carson City. Argument shall be limited to 60 minutes. 12-15172 05/14/2012 Notice/Outgoing Issued Notice Scheduling Additional Oral Argument. Oral argument is scheduled for Monday, June 18, 2012, at 10: a.m. in Carson City. Argument shall be limited to 60 minutes. 12-15226 05/21/2012 Notice/Outgoing Issued Oral Argument Reminder Notice. 12-15960 06/18/2012 Case Status Update Oral argument held this day. Case submitted for decision before the En Banc Court. 06/22/2012 Notice/Incoming Filed Appellant's Supplement Provided at the Request of the Court. 12-19658 06/26/2012 Notice/Incoming Filed Respondent's/Cross-Appellant's Supplement Provided at the Request of the Court. 12-19965 06/27/2012 Motion Filed Appellant's Motion for Permission to Reply to Respondent's Supplement. 12-20186 06/27/2012 Motion Filed Respondent's Opposition to Appellant's Motion for Permission to Reply to Respondent's Supplement (Oral Argument: June 18, 2012) 12-20260 06/28/2012 Motion Filed FTB's Reply in Support of Motion for Permission to Reply to Respondent's Supplement. 12-20417 07/16/2012 Order/Procedural Filed Order Denying Motion for Leave to File Reply. Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] 12-22276 07/01/2014 Motion Filed Motion to Allow Withdrawal of Counsel for Amicus Curiae Multistate Tax Commission. 14-21407 07/17/2014 Order/Procedural Filed Order Granting Motion to Withdraw as Counsel. The clerk of this court shall remove Bruce J. Fort as counsel of record for amicus curiae Multistate Tax Commisison in this appeal. 14-23249 09/18/2014 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Fn1[The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Gibbons/Pickering/Parraguirre/Douglas/Cherry. 130 Nev. Adv. Opn. No. 71. EN BANC 14-30944 10/06/2014 Motion Filed Motion for Permission to File Petition for Rehearing in Excess of Word Limit. 14-33049 10/06/2014 Post-Judgment Petition Received Appellant's Petition for Rehearing (via E-Flex). (FILED PER ORDER 10/16/2014). 10/07/2014 Post-Judgment Petition Filed Respondent/Cross-Appellant Gilbert P. Hyatt's Petition for Rehearing. Y 14-33200 10/07/2014 Filing Fee Filing fee paid. E-Payment $150.00 from Peter C. Bernhard 10/07/2014 Order/Procedural Filed Order Granting Motion for Leave to File Oversized Rehearing Petition and Directing Answers. The clerk of this court is directed to file Franchise Tax Board's rehearing petition which was provisionally received on October 6, 2014. FTB's answer to Gilbert P. Hyatt's petition for rehearing due: 15 days. Mr. Hyatt's answer to FTB's petition for rehearing due: 15 days. 14-33271 10/07/2014 Post-Judgment Petition Filed Petition for Rehearing - Appellant/Cross-Respondent's Petition for Rehearing Y 14-33272 10/07/2014 Filing Fee Filing fee paid. E-Payment $150.00 from Robert L. Eisenberg 10/21/2014 Post-Judgment Petition Filed Appellant/Cross-Respondent Franchise Tax Board's Answer to Respondent's Petition for Rehearing. Y 14-35087 10/22/2014 Motion Filed Respondent Gilbert P. Hyatt's Motion for Permission to File Answer in Excess of Word Limit. 14-35256 10/22/2014 Post-Judgment Petition Received Answer to Petition for Rehearing - Respondent Gilbert P. Hyatt's Answer to Appellant Franchise Tax Board of the State of California's Petition for Rehearing. (FILED PER ORDER 10/23/2014). 10/23/2014 Order/Procedural Filed Order Granting Motion. The clerk of this court shall file respondent/cross-appellant's answer to the petition for rehearing received on October 22, 2014. 14-35357 10/23/2014 Post-Judgment Petition Filed Respondent Gilbert P. Hyatt's Answer to Appellant Franchise Tax Board of the State of California's Petition for Rehearing. Y 14-35358

Case Details

Case Name: Franchise Tax Bd. of Cal. v. Hyatt

Court Name: Nevada Supreme Court

Date Published: Sep 18, 2014

Citations: 335 P.3d 125; 2014 NV 71; 53264

Docket Number: 53264

Court Abbreviation: Nev.