CUTTS v. RICHLAND HOLDINGS INC (2019)

ORDER ACCEPTING CERTIFIED QUESTION, DIRECTING BRIEFING, AND DIRECTING SUBMISSION OF FILING FEE

This matter involves a legal question certified to this court under NRAP 5, by the United States Court of Appeals for the Ninth Circuit. Specifically, the Ninth Circuit Court certified the following question to this court:

Is a Fair Debt Collection Practices Act claim a compulsory counterclaim in an action to collect the underlying debt under Rule 13 of the Nevada Rules of Civil Procedure?

In determining whether to accept a certified question, this court considers three factors: (1) will this court's answer be determinative of part of the federal case, (2) is there any clearly controlling Nevada precedent, and (3) will the answer help settle important questions of law. Volvo Cars of N. Am., Inc. v. Ricci, 122 Nev. 746, 751, 137 P.3d 1161, 1164 (2006); see also NRAP 5(a). Having considered these factors, we accept the certified question.

Appellant shall have 30 days from the date of this order to file and serve an opening brief addressing the certified question. Respondents shall have 30 days from the date the opening brief is served to file and serve an answering brief. Appellant shall then have 21 days from the date the answering brief is served to file and serve any reply brief. The parties’ briefs shall comply with NRAP 28, 28.2, 31(c), and 32, See NRAP 5(g)(2). The parties may file a joint appendix containing any portions of the record before the Ninth Circuit that are necessary to this court’s resolution of the certified question and were not already provided to this court with the Certification Order. See NRAP 5(d), (g)(2).

Lastly, in any proceeding under NRAP 5, fees “shall be the same as in civil appeals ․ and shall be equally divided between the parties unless otherwise ordered by the certifying court.” NRAP 5(e). The Ninth Circuit’s order does not address payment of this court’s fees. Accordingly, appellant and respondents shall each tender to the clerk of this court, within 14 days from the date of this order, the sum of $125, representing half of the filing fee. See NRAP 3(e); NRAP 5(e).