Viega GmbH v. Eighth Jud. Dist. Ct., 328 P.3d 1152

59976: 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: 59976 Short Caption: VIEGA GMBH VS. DIST. CT. (AVENTINE-TRAMONTI HOMEOWNERS' ASSOC.) Classification: Original Proceeding - Civil - Prohibition Related Case(s): 56755, 59673, 60787, 61519, 61596, 61747, 63324, 65031 Lower Court Case(s): Clark Co. - Eighth Judicial District - A555328 Case Status: Notice in Lieu of Remittitur Issued/Case Closed Disqualifications: Parraguirre Panel Assigned: En Banc Replacement: None for Justice Parraguirre To SP/Judge: SP Status: Oral Argument: 11/15/2012 at 10:00 AM Oral Argument Location: Carson City Submission Date: 11/15/2012 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Petitioner Viega GmbH Kevin M. Green (Fennemore Craig, P.C./Phoenix) Matthew J. Kemner (Carroll, Burdick & McDonough, LLP) John H. Mowbray (Fennemore Craig Jones Vargas/Las Vegas) Janice Procter-Murphy (Fennemore Craig, P.C./Phoenix) Nicholas B. Salerno (Lincoln, Gustafson & Cercos) Christopher A. Turtzo (Wolfe & Wyman LLP/Phoenix) Petitioner Viega International GmbH Kevin M. Green (Fennemore Craig, P.C./Phoenix) Matthew J. Kemner (Carroll, Burdick & McDonough, LLP) John H. Mowbray (Fennemore Craig Jones Vargas/Las Vegas) Janice Procter-Murphy (Fennemore Craig, P.C./Phoenix) Nicholas B. Salerno (Lincoln, Gustafson & Cercos) Christopher A. Turtzo (Wolfe & Wyman LLP/Phoenix) Real Party in Interest Aventine-Tramonti Homeowners Association Scott K. Canepa (Canepa Riedy Abele & Castello) James D. Carraway (Carraway & Associates) J. Randall Jones (Kemp, Jones & Coulthard, LLP) Francis Lynch, II (Lynch, Hopper & Salzano, LLP) Robert C. Maddox (Maddox, Segerblom & Canepa, LLP) Terry W. Riedy (Canepa Riedy Abele & Castello) Respondent Susan Johnson Respondent The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark 14-17314: 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 01/04/2012 Filing Fee Filing Fee Paid. $250.00 from Fennemore Craig, P.C. Check no. 3674. 01/04/2012 Petition/Writ Filed Petition for Writ of Prohibition. 12-00356 01/04/2012 Appendix Filed Appendix to Petition for Writ. Volumes 1-4. 12-00357 01/04/2012 Other Justice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Law Firms - Kemp Jones & Coulthard. 01/05/2012 Other Incoming Document Received CD containing appendix to petition for writ (12-00357). 01/12/2012 Order/Procedural Filed Order/Answer Writ Petition. Answer due: 30 days. Petitioners shall have 15 days from service of answer to file any reply. 12-01116 02/13/2012 Petition/Writ Filed Real Party in Interest's Answer to Petition for Writ of Prohibition. Y 12-04679 02/28/2012 Petition/Writ Filed Reply in Support of Petition for Writ of Prohibition. Y 12-06384 04/19/2012 Motion Filed Petitioners Viega GmbH and Viega International GmbH's Motion for Stay Pending Resolution of Writ Petition. 12-12565 05/02/2012 Motion Filed Real Party In Interest's Response to Petitioners Viega GmbH and Viega International GmbH's Motion for Stay Pending Resolution of Writ Proceedings. 12-13855 05/09/2012 Motion Filed Petitioners; Viega GMBH and Viega Internation GMBH's Reply In Support of Motion for Stay Pending Resolution of Writ Petition. 12-14560 06/08/2012 Motion Filed Emergency Motion Under NRAP 27(e) to Stay Proceedings Against Petitioners Pending Resolution of Writ Petition Re Personal Jurisdiction. 12-18092 06/13/2012 Order/Procedural Filed Order Granting Motions for Stay. This stay shall remain in place pending further order of this court. Fn1[The requests for security or other consideration if a stay is granted, which is contained in the oppositions to the stay motions filed by real parties in interest, are denied. Petitioner's motion to strike certain documents attached to the opposition to their stay motion, which was contained in the reply brief filed in Docket No. 60015, is denied as moot.] Nos. 59673/59976/60015. 12-18617 08/24/2012 Order/Procedural Filed Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the Northern Nevada Panel on the next available calendar. 12-26835 10/12/2012 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for Thursday, November 15, 2012, @ 10:00 a.m. in Carson City. Argument shall be limited to 30 minutes. 12-32415 10/31/2012 Notice/Outgoing Issued Oral Argument Reminder Notice. 12-34346 11/15/2012 Case Status Update Oral argument held this day. Case submitted for decision. To the Northern Nevada Panel. NNP12 NS/KP/JH 08/08/2013 Letter/Incoming Received Letter from pro hac vice attorney Matthew Kemner suggesting that the court delay its decision in these cases pending the USSC decision in a related matter. Nos. 59976 and 60015. (RETURNED, UNFILED, PER ORDER OF 8/27/13). 08/20/2013 Motion Filed Motion for Procedural Order and Motion to Supplement the Record on Appeal. 13-24481 08/27/2013 Order/Procedural Filed Order Regarding Motion. Petitioners filed a motion seeking to withdraw a letter that they submitted to this court for filing on August 8, 2013, in both Docket No. 59976 and Docket No. 60015, and to supplement the record in these writ proceedings. We therefore direct the clerk of this court to return, unfiled, the letter provisionally received in this court on August 8, 2013, in both docket numbers. Petitioners shall have 15 days from the date of this order to file and serve a supplement to their motion addressing the distinction between general personal jurisdiction and specific personal jurisdiction under an agency theory, and whether, to the extent that this court determines that these matters may be resolved based on the parties' arguments for and against the use of an agency theory to establish specific personal jurisdiction, delaying resolution of these petitions pending a decision from the United States Supreme Court would still be warranted, given that the parties in Bauman have briefed the issue for review in terms of general jurisdiction. Real parties in interest may file and serve any response to the petitioners' motion and supplement thereto within 15 days from the date that the supplement is served. Nos. 59976/60015. 13-25407 09/11/2013 Motion Filed Supplemental Memorandum of Points and Authorities in Support of Motion to Supplement the Record on Petition for Writ of Prohibition. 13-26901 09/26/2013 Motion Filed Real Party in Interest's Response to Supplemental Memorandum of Points and Authorities in Support of Motion to Supplement the Record on Petition for Writ of Prohibition. 13-28886 01/22/2014 Motion Filed Motion to Supplement the Record on Appeal and Request for Supplemental Briefing. 14-02177 01/30/2014 Motion Filed Real Party In Interest's Opposition to Motion to Supplement Record On Appeal And To Request for Supplemental Briefing. 14-03163 05/29/2014 Opinion/Dispositional Filed Authored Opinion. "Petition granted." Fn1[The Honorable Ron D. Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.] Fn2[We deny the Viega GmbH and Viega International's January 22, 2014, motion to supplement the record on appeal and request for additional supplemental briefing.] Before the Court EN BANC. Author: Hardesty, J. Majority: Hardesty/Douglas/Cherry/Saitta. Pickering, J. Gibbons, C.J., concurring in the result only. 130 Nev. Adv. Opn. No. 40. EN BANC 14-17314 05/29/2014 Writ Issued Writ with letter. Original and one copy of writ and copy of opinion mailed to John H. Mowbray for service upon Judge Susan Johnson. 14-17366 06/10/2014 Writ Filed Returned Writ. Original Writ returned. Served on Judge Susan Johnson on June 5, 2014. 14-18895 06/23/2014 Remittitur Issued Notice in Lieu of Remittitur. 14-20592 06/23/2014 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed.

Case Details

Case Name: Viega GmbH v. Eighth Jud. Dist. Ct.

Court Name: Nevada Supreme Court

Date Published: May 29, 2014

Citations: 328 P.3d 1152; 2014 NV 40; 59976

Docket Number: 59976

Court Abbreviation: Nev.