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Case Information: 67363
Short Caption:SHAPIRO VS. WELT C/W 67596Classification:Civil Appeal - General - Other
Consolidated:67363*, 67596Related Case(s):67596, 73943
Lower Court Case(s):Clark Co. - Eighth Judicial District - A706566Case Status:Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: Panel
Replacement:
To SP/Judge:02/12/2015 / Turner, WilliamSP Status:Completed
Oral Argument:12/07/2016 at 11:30 AMOral Argument Location:Regional Justice Center
Submission Date:12/07/2016How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/05/2015Filing FeeFiling fee due for Appeal.
02/05/2015Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day.15-03921
02/05/2015Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days.15-03924
02/05/2015Notice/OutgoingIssued Notice to File Case Appeal Statement/Civil. Due date: 10 days.15-03926
02/05/2015Filing FeeE-Payment $250.00 from Alex B. Ghibaudo
02/09/2015Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 20 days.15-04217
02/12/2015Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: William C. Turner.15-04802
02/23/2015Filing FeeFiling fee due for Cross-Appeal. (Welt)
02/23/2015Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (Welt)15-05627
02/23/2015Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (Respondent/Cross-Appellants, Welt)15-05630
02/23/2015Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.15-05632
02/26/2015Notice of Appeal DocumentsFiled Case Appeal Statement.15-06081
02/27/2015Filing FeeFiling Fee Paid. $250.00 from Michael P. Lowry. E-payment Ref. No. 15022762434220. (Cross-Appeal)
03/02/2015Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. (Case Appeal Statement).15-06367
03/03/2015Docketing StatementFiled Docketing Statement Civil Appeals.15-06558
03/13/2015Notice/IncomingFiled Notice of Service of Case Appeal Statement.15-07775
03/18/2015MotionFiled Motion to Consolidate Appeals. Nos. 67363/67596.15-08356
03/20/2015Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and Settlement Judge is working with counsel to schedule mediation session.15-08609
03/25/2015Notice/IncomingFiled Certificate of Service (Docketing Statement on Settlement Judge).15-09015
04/20/2015Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 4, 2015, at 9:30 a.m. Nos. 67363/6759615-11927
05/08/2015Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of these (2) matters. Docket Nos 67363/67596.15-14208
05/12/2015MotionFiled Motion to Dismiss Appeal 67363. Nos. 67363/6759615-14477
05/20/2015MotionFiled Opposition to Respondents' Motion to Dismiss and Countermotion for Attorneys Fees, Costs, and Sanctions Against Respondents and the Law Firm of Thorndal, Armstrong Et Al.15-15434
05/26/2015MotionFiled Reply re Motion to Dismiss.15-15977
06/19/2015Settlement Order/ProceduralFiled Order: Consolidate Appeals/No Settlement/Briefing Reinstated. Appellants/cross-respondents (Shapiro) and respondents/cross-appellants (Welt): 15 days transcript request. Shapiros' opening brief and appendix due: 90 days; Welts' combined answering/opening brief due: 45 days from service of opening brief; Shapiros' combined reply/answering brief due: 30 days from service of answering/opening brief; Welts' reply brief on cross-appeal due: 14 days from service of combined reply answering brief. fn1[ The Welts' May 12, 2015, motion to dismiss Docket No. 67363 is denied. The Shapiros' May 20, 2015, countermotion for fees, costs, and sanctions in Docket No. 67363 is denied.] Nos. 67363/67596.15-18813
07/07/2015Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/24/14. To Court Reporter: Tracy Rawlinson. Nos. 67363/67596.15-20513
07/07/2015Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/24/14 To Court Reporter: Tracy Rawlinson. Nos. 67363/67596.15-20514
08/06/2015TranscriptFiled Notice from Court Reporter. Traci Rawlinson stating that the requested transcripts were delivered. Dates of transcripts: 12/24/14. Nos. 67363/67596.15-23692
09/14/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants/Cross-Respondents Opening Brief and Appendix due: October 1, 2015. Nos. 67363/67596.15-27807
10/02/2015MotionFiled Appellants/Cross-Respondents' Motion to Extend Time for Opening Brief and Appendix Already Filed and Completed. Nos. 67363/67596.15-29906
10/21/2015Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the opening brief and appendix, provisionally received in this court via E-flex on October 2, 2015. Respondents/cross-appellants in Docket No. 67363 shall have 45 days from the date of this order to file and serve a single combined answering brief on appeal and opening brief on cross-appeal in Docket No. 67363, and opening brief in Docket No. 67596, as well as a single combined appendix on cross-appeal in Docket No. 67363 and appendix on appeal in Docket No. 67596. Appellants/cross-respondents in Docket No. 67363 shall have 30 days from service of the combined brief to file and serve a single combined reply brief on appeal and answering brief on cross-appeal in Docket No. 67363, and answering brief in Docket No. 67596. Finally, respondents/cross-appellants in Docket No. 67363 shall have 14 days from service of the combined brief to file and serve a single combined reply brief on cross-appeal in Docket No. 67363 and reply brief on appeal in Docket No. 67596, if deemed necessary. Nos. 67363/67596.15-32028
10/21/2015BriefFiled Appellant/Cross-Respondents' Opening Brief. Nos. 67363/67596.15-32031
10/21/2015AppendixFiled Appellant/Cross-Respondents' Appendix to Opening Brief. Nos. 67363/67596.15-32033
11/23/2015MotionFiled Motion to Strike New Argument from Appellant's Opening Brief in 67363. Nos. 67363/67596.15-35772
11/23/2015AppendixFiled Respondent/Cross-Appellant's Appendix (67596). Nos. 67363/67596.15-35808
11/23/2015BriefFiled Respondent/Cross-Appellant's Answering Brief (67363) & Opening Brief (67596).15-35829
12/04/2015Order/ProceduralFiled Order Denying Motion. Respondent/cross-appellants have filed a motion to strike a portion of the opening brief in this appeal on the ground that it raises a new constitutional argument that was not raised in the district court and not noted in the docketing statement. Having considered the motion, we deny it. This court retains the discretion to consider claims of constitutional error raised for the first time on appeal. Accordingly, we deny the motion. Nos. 67363/67596.15-37040
12/07/2015MotionFiled Motion to File Supplemental Answering Brief in 67363.15-37140
12/14/2015MotionFiled Motion for Leave to File Brief as Amici Curiae and to Participate in Oral Argument. Nos. 67363/67596.15-37959
12/17/2015Notice/IncomingFiled Notice of Filing Consent for NPA, TripAdvisor, and Yelp to File Brief as Amici Curiae. Nos. 67363/67596.15-38658
12/18/2015MotionFiled Notice of Non-Opposition to Motion to File Supplemental Answering Brief in 67363. Nos. 67363/67596.15-38735
12/23/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Reply Brief in Docket No. 67363 and the answering brief in Docket No. 67596 due: January 6, 2016. (appellant/cross-respondents) Nos. 67363/67596.15-39507
01/07/2016MotionFiled Motion to Extend Time to File Reply Brief. Nos. 67363/67596.16-00418
01/07/2016MotionFiled Stipulation to extend time to file appellant's answering brief and reply brief and stipulation to permit filing of a supplement answering brief by respondent. Nos. 67363/67596.16-00433
01/07/2016Notice/IncomingFiled Notice of Withdrawing Motion to Extend Time to File Reply Brief 1-7-16. Nos. 67363/67596.16-00501
01/07/2016Notice/IncomingFiled Substitution of Attorneys (Robert Noggle and Alex Ghibaudo to Replace Evan Schwab as counsel for Appellant/Cross-Respondent's Howard and Jenna Shapiro).16-00519
01/21/2016Order/ProceduralFiled Order Granting Motions. We direct the clerk of this court to file amici's brief, received on December 14, 2015. The clerk of this court shall file the supplemental answering brief received on December 7, 2015. Appellants/cross-respondents shall have 20 days from the date of this order to file and serve a single combined reply brief in Docket No. 67363 and answering brief in Docket No. 67596. Appellants in Docket No. 67596 shall have 30 days from the date of service of the answering brief to file and serve a reply brief in Docket No. 67596, if deemed necessary. fn1[We deny amici's request for leave to participate in oral argument without prejudice to our right to order participation if oral argument is scheduled.] Nos. 67363/67596.16-02091
01/21/2016BriefFiled Amicus Brief - Amici Curiae by Nevada Press Association, TripAdvisor, Inc., and Yelp, Inc. Nos. 67363/67596.16-02092
01/21/2016BriefFiled Respondents' Supplemental Answering Brief in Docket No. 67363. Nos. 67363/67596.16-02093
02/11/2016BriefFiled Appellant/Cross-Respondent's Answering Brief (67596) and Reply Brief (67363). Nos. 67363/67596.16-04490
02/17/2016BriefFiled Welts' Reply Brief re 67363 (Cross-Appeal) & 67596. Nos. 67363/67596.16-04997
02/19/2016Case Status UpdateBriefing Completed/To Screening. Nos. 67363/67596.
06/07/2016Order/ProceduralFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar. Nos. 67363/67596.16-17652
07/29/2016Notice/IncomingFiled Notice of Change of Law Firm - Attorney Michael Lowry is now with the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker LLP. (Substitution of Attorney for Glenn Welt, Rhoda Welt, Lynn Welt, and Michele Welt). Nos. 67363/67596.16-23679
08/01/2016Notice/IncomingFiled Substitution of Attorneys (Alex Ghibaudo of G Law to Replace Robert Noggle of Noggle Law as counsel for Appellant/Cross-Respondent). Nos. 67363/67596.16-23757
10/04/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Friday, November 18, 2016, at 10:30 a.m. for 30 minutes in Las Vegas.16-30888
11/08/2016Notice/OutgoingIssued Oral Argument Reminder Notice.16-34874
11/09/2016MotionFiled Motion of Amici Curiae Nevada Press Association, Tripadvisor, Inc., and Yelp, Inc. for Leave to Participate in Oral Argument. Nos. 67363/67596.16-34949
11/10/2016Order/ProceduralFiled Order Directing Expedited Response. On November 9, 2016, amici curiae filed a motion for leave to participate in the oral argument of these consolidated cases, scheduled for November 18, 2016, at 10:30 a.m. in Las Vegas. Having reviewed the motion, we conclude that an expedited response would assist the court in deciding the motion. Accordingly, appellant shall have until 12:00 noon on Monday, November 14, 2016, to file a response to the motion. Amici curiae shall have until 4:00 p.m. on Monday, November 14, 2016, to file a reply. Nos. 67363/67596.16-35150
11/16/2016Order/ProceduralFiled Order Granting Amici Curiae's Motion To Participate In Oral Argument. Extraordinary reasons having been demonstrated, amici curiae's unopposed motion for leave to participate in the oral argument of these consolidated cases is granted. NRAP 29(h). The oral argument, scheduled for 30 minutes on November 18, 2016, at 10:30 a.m., is hereby extended to allow amici curiae a maximum of ten minutes to argue. Nos. 67363/67596.16-35634
11/16/2016Order/ProceduralFiled Order Granting Amici Curiae's Motion To Participate In Oral Argument. Extraordinary reasons having been demonstrated, amici curiae's unopposed motion for leave to participate in the oral argument of these consolidated cases is granted. NRAP 29(h). The oral argument, scheduled for 30 minutes on November 18, 2016, at 10:30 a.m., is hereby extended to allow amici curiae a maximum of ten minutes to argue. Nos. 67363/67596.16-35635
11/17/2016Letter/IncomingFiled Letter Requesting Permission to Allow Video Camera's in Court Room for Oral Argument being held 11/18/16 @ 10:30 AM (8 News Now) Via Fax. Nos. 67363/67596.16-35957
11/17/2016MotionFiled Stipulation to Continue Oral Arguments Currently Scheduled for November 18, 2016. Nos. 67363/67596.16-35985
11/17/2016Notice/IncomingFiled Certificate of Service (Stipulation to Continue Oral Arguments Currently Scheduled for November 18, 2016. Nos. 67363/67596).16-36003
11/17/2016Order/ProceduralFiled Order Approving Stipulation to Continue Oral Argument, rescheduling Oral Argument, and Granting Media Request. Oral argument of this matter, scheduled for November 18, 2016, at 10:30 a.m., is hereby vacated. we direct the clerk of this court to reschedule this matter for argument on Wednesday, December 7, 2016, at 11;30 a.m. at the regional Justice Center in Las Vegas. Argument shall be limited to 40 minutes. Permission for photographic or electronic coverage of the hearings is granted. Dennis Neuhausel of KLAS-TV is designated as pool coordinator. Nos. 67363/6759616-36016
11/23/2016Notice/OutgoingIssued Oral Argument Reminder Notice.16-36599
12/07/2016Case Status UpdateOral argument held this day. Case submitted for decision. NNP MC/MD/MG
02/02/2017Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, vacated in part, and remanded with instructions." Before: Cherry/Douglas/Gibbons. Author: Gibbons, J. Majority: Gibbons/Cherry/Douglas.133 Nev. Adv. Opn. No. 6. NNP16D-MC/MD/MG17-03797
02/06/2017Post-Judgment PetitionFiled Respondent/Cross-Appellant's Petition for Rehearing. Nos. 67363/67596.17-04087
02/06/2017Filing FeeFiling fee paid. E-Payment $150.00 from Michael P. Lowry
03/31/2017Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Nos. 67363/67596.17-10847
04/25/2017RemittiturIssued Remittitur.17-13617
04/25/2017Case Status UpdateRemittitur Issued/Case Closed.
05/15/2017RemittiturFiled Remittitur. Received by District Court Clerk on May 4, 2017.17-13617