The State of Nevada v. United States Department of the Treasury - Internal Revenue Service

Filing 134

ORDER Granting 133 Stipulation re 124 Notice Permission to Appeal. See Order for deadlines. Signed by Judge Andrew P. Gordon on 10/17/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-00665-APG-GWF Document 133 Filed 10/17/17 Page 1 of 3
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ADAM PAUL LAXALT
Attorney General
Joe Vadala
Nevada Bar. No. 5158
Special Counsel
Janet Merrill
Nevada Bar No. 10736
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
3014 West Charleston Boulevard, Suite 150
Las Vegas, Nevada 89102
[phone] (telephone)
[phone] (facsimile)
E-Mail: [e-mail]
[e-mail]
Attorneys for State of Nevada, ex rel. its
Department of Transportation

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE STATE OF NEVADA, on relation of its
Department of Transportation,

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vs.

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UNITED STATES DEPARTMENT OF THE
TREASURY – INTERNAL REVENUE
SERVICE; DARRELL E. JACKSON, a married
man; THOMAS M. STRAWN, JR., a married
man; ANDREW S. LEVY, a married man;
DAVIDSON INVESTMENTS LIMITED
PARTNERSHIP, a Nevada limited partnership;
JOHN W. BOYER, a married man; MICHAEL
ALEXANDER, Trustee of the MICHAEL
ALEXANDER LIVING TRUST; NEVADA
TITLE COMPANY, a Nevada corporation; L. S.
ENTERPRISES, INC., a Nevada corporation
d/b/a American Commonwealth Mortgage Co.;
EAGLEMARK SAVINGS BANK, a Nevada
corporation; STATE OF NEVADA,
DEPARTMENT OF EMPLOYMENT,
TRAINING & REHABILITATION,
EMPLOYMENT SECURITY DIVISION;
CITY OF LAS VEGAS; CLARK COUNTY, a
political subdivision of the State of Nevada; and
all other persons unknown claiming any right,

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2:16-cv-665-APG-GWF

Plaintiff(s),

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Case No.:

STIPULATED BRIEFING SCHEDULE
REGARDING DEFENDANT
LANDOWNERS’ PETITION FOR
PERMISSION TO APPEAL (ECF NO. 124)

ORDER

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Case 2:16-cv-00665-APG-GWF Document 133 Filed 10/17/17 Page 2 of 3
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title, estate, lien or interest in the real property
described in the Complaint,
Defendant(s).

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Pursuant to LR 7-1, it is hereby stipulated and agreed between Plaintiff THE STATE OF

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NEVADA, ON RELATION OF ITS DEPARTMENT OF TRANSPORTATION (“Plaintiff” or “the

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State”), by and through its attorneys of record, Joe Vadala, Esq. and Janet L. Merrill, Esq. of the Office

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of the Nevada Attorney General, and Defendants, UNITED STATES DEPARTMENT OF THE

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TREASURY – INTERNAL REVENUE SERVICE, by and through its counsel of record 1; DARRELL

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E. JACKSON, a married man; THOMAS M. STRAWN, JR., a married man; ANDREW S. LEVY, a

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married man; DAVIDSON INVESTMENTS LIMITED PARTNERSHIP, a Nevada limited partnership;

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JOHN W. BOYER, a married man; MICHAEL ALEXANDER, Trustee of the MICHAEL

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ALEXANDER LIVING TRUST; and L. S. ENTERPRISES, INC., a Nevada corporation d/b/a American

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Commonwealth Mortgage Co., (collectively “Landowners”), by and through their attorneys of record,

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Brian C. Padgett, Esq., and Amy L. Sugden, Esq., of the Law Offices of Brian C. Padgett, to respectfully

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ask the Court to the following briefing schedule on Defendant Landowners’ Petition for Permission to

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Appeal. This Stipulation is filed pursuant to the Court’s Order Regarding Petition to Appeal. See ECF

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No. 124.

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1.

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New and/or Amended Petition for Permission to Appeal (“Petition”) to be filed by

Defendant Landowners no later than the close of business on Thursday, October 19, 2017;

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2.

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///

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Any Response/Opposition to the Petition is due Monday, October 23, 2017; and

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The IRS joins this stipulation because it is a named defendant who appeared in the case. The IRS does not, however,
intend to participate in the briefing.

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Case 2:16-cv-00665-APG-GWF Document 133 Filed 10/17/17 Page 3 of 3
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3.

DATED this 17th day of October, 2017.

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By:

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LAW OFFICES OF BRIAN C. PADGETT

/s/ Janet Merrill
_
Joe Vadala, Esq.
Janet Merrill, Esq.
State of NV, Office of Attorney General
3014 West Charleston Boulevard, Suite 150
Las Vegas, Nevada 89102
Attorneys for State of Nevada, ex rel. its
Department of Transportation

By:

/s/ Amy Sugden
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Amy L. Sugden, Esq.
Jeremy B. Duke, Esq.
611 South Sixth Street
Las Vegas, Nevada 89101
Attorneys for Defendant Landowners

DATED this 17th day of August, 2017.
STEVEN W. MYHRE
Acting United States Attorney

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DATED this 17th day of October, 2017.

ADAM PAUL LAXALT
Attorney General

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Any Reply thereto is due Monday, October 30, 2017.

By:

/s/ Mark Woolf
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Mark E. Woolf, Esq.
501 Las Vegas Blvd. So., Ste. 1100
Las Vegas, Nevada 89101
Attorneys for the United States Department
of the Treasury – Internal Revenue Service

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ORDER

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The Stipulated Request is hereby granted.
IT IS SO ORDERED.

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____________________________________
UNITED STATES JUDGE
10/17/2017
Dated: ________________________

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Respectfully submitted by:
ADAM PAUL LAXALT
Attorney General
By: /s/ Janet Merrill
_
Janet Merrill
State of Nevada, Office of Attorney General
3014 West Charleston Boulevard, Suite 150
Las Vegas, Nevada 89102
Attorneys for State of Nevada, ex rel. its
Department of Transportation
STIPULATED BRIEFING SCHEDULE REGARDING DEFENDANT LANDOWNERS’
PETITION FOR PERMISSION TO APPEAL (ECF NO. 124)
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