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Case Information: 56614
Short Caption:GUNDERSON VS. D.R. HORTONClassification:Civil Appeal - General - Other
Related Case(s):46639, 49683, 51478
Lower Court Case(s):Clark Co. - Eighth Judicial District - A495059Case Status:Remittitur Issued/Case Closed
Disqualifications:Cherry, ParraguirrePanel Assigned: En Banc
Replacement:None for Justice Cherry<br/>None for Chief Justice Parraguirre
To SP/Judge:08/27/2010 / Haberfeld, StephenSP Status:Completed
Oral Argument:05/08/2013 at 11:30 AMOral Argument Location:Carson City
Submission Date:05/08/2013How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/16/2010OtherDisqualification of Justice Cherry. Sat in district court proceedings.
08/16/2010Filing Fee Filing Fee due.
08/16/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (via FTP)10-21093
08/16/2010Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days10-21097
08/23/2010Notice/IncomingFiled Notice of Appearance. Submitted by Marquis and Aurbach.10-21490
08/24/2010Notice/IncomingFiled Notice of Appearance. Representing respondent: Bruno Wolfenzon, Esq. and Jonathan P. Rolle, Esq. of the law firm of Wolfenzon Schulman & Rolle.10-21657
08/24/2010Filing FeeFiling Fee Paid. $250.00 from Quon Bruce Christensen Nancy Quon. Check No. 11131.
08/24/2010Notice/OutgoingIssued Notice: Referral to Settlement Program. Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed.10-21708
08/24/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.)10-21713
08/24/2010Filing FeeFiling Fee due. To be transmitted by district court clerk.
08/26/2010Filing FeeFiling Fee Paid. $250.00 from Wolfenzon, Schulman, & Ryan. Check No. 17222. (Respondent/Cross-Appellant)
08/27/2010Settlement NoticeFiled Notice: Assignment to Settlement Program - Settlement Judge: Stephen E. Haberfeld10-22135
09/10/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 10/22/10.10-23308
09/14/2010Docketing StatementFiled Docketing Statement Civil Appeals. Submitted by James R. Christensen.10-23652
09/14/2010Docketing StatementFiled Docketing Statement Continuation to Docketing Statement: Exhibit N - Part 7.10-23689
09/14/2010Docketing StatementFiled Docketing Statement Continuation to Docketing Statement: Exhibit N - Part 13.10-23690
09/14/2010Docketing StatementFiled Docketing Statement Continuation to docketing Statement: Exhibit P - Part 1.10-23696
09/14/2010Docketing StatementFiled Docketing Statement Continuation to Docketing Statement: Exhibit P - Part 7.10-23698
09/14/2010Docketing StatementFiled Docketing Statement Continuation to Docketing Statement: Exhibits Q - U, Part 1.10-23707
09/17/2010Docketing StatementFiled Respondent/Cross-Appellants' Docketing Statement Civil Appeals.10-24036
10/25/2010Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.10-27861
11/09/2010Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated For Appeal and Cross-Appeal. The parties were unable to agree to a settlement. Appellant(s) and Respondent(s): 15 days transcript request; Appellant(s): 90 days opening brief and appendix. Respondent(s): 30 days from opening brief to file combined answering brief on appeal and opening brief on cross-appeal. Appellant(s): 30 days from that combined brief to file combined reply brief on appeal and answering brief on cross-appeal. Respondent(s): 14 days from that combined brief to file reply brief on cross-appeal.10-29289
11/22/2010Transcript RequestFiled Respondent/Cross-Appellant's Request for Transcript of Proceedings. Transcripts requested: 06/29/09. To Court Reporter: Beverly Signurik.10-30467
12/14/2010Notice/OutgoingIssued Notice to File Transcript Request. Due date: 10 days - Appellant/Cross-Respondent.10-32635
12/27/2010Transcript RequestFiled Certificate of No Transcript Request. (Appellant/Cross-Respondent).10-33699
01/13/2011Order/ProceduralFiled Order to Show Cause. Appellants and cross-appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Briefing is suspended.11-01255
02/14/2011Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent/cross-appellant's response to order to show cause due: February 22, 2011.11-04676
02/14/2011MotionFiled Appellants/Cross-Respondents Response to the Order to Show Cause of January 13, 2011; And, Request for an Extended Briefing Schedule.11-04685
02/15/2011MotionFiled Respondent/Cross-Appelant's Response to Order to Show Cause.11-04884
03/28/2011Order/ProceduralFiled Order Reinstating Briefing. Court Reporter Signurik: 30 days to file certificate of acknowledgement. Appellant: Opening brief due 120 days.11-09266
06/03/2011Notice/IncomingFiled Notice Regarding Requested Transcripts. Respondent/Cross-Appellant.11-16252
07/07/2011OtherJustice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Parties
07/26/2011Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants/cross-respondents' opening brief and appendix due: August 3, 2011.11-22468
07/28/2011MotionFiled Stipulation to Extend Time for Appellants/Cross-Respondents to File Their Opening Brief.11-22725
07/28/2011Notice/OutgoingIssued Notice Stipulation Approved. Opening Brief due by August 25, 2011.11-22727
08/23/2011MotionFiled Appellant/Cross-Respondents Motion to Extend Time to File Their Opening Brief.11-25726
09/20/2011Order/ProceduralFiled Order Granting Motion for Extension of Time to File Opening Brief and Appendix. Appellants/Cross-Respondents: Opening Brief and Appendix due: September 26, 2011.11-28642
09/22/2011MotionFiled Appellant/Cross-Respondents' Motion To Extend Time To File Their Opening Brief.11-28979
10/07/2011Order/ProceduralFiled Order Denying Motion for Extension of Time. Appellants/Cross-Respondents: Opening Brief and Appendix due: 11 days.11-30690
10/19/2011MotionFiled Motion of Appellant Homeowners for Leave to File an Opening Brief in Excess of 30 pages.11-32259
10/19/2011Notice/IncomingFiled Certificate of Compliance.11-32276
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 1, part 1.11-32282
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 1, part 2.11-32285
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 1, part 3.11-32293
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 2, part 1.11-32316
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 2, part 2.11-32318
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 2, part 3.11-32320
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 3.11-32325
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 4.11-32339
10/19/2011AppendixFiled Appendix to Opening Brief - Volume 5.11-32340
10/20/2011AppendixFiled Appendix to Opening Brief - Volumes 6 through 78 (via ftp).11-32401
11/01/2011Order/ProceduralFiled Order Granting Motion. We direct the clerk of this court to file the opening brief received on October 19, 2011.11-33598
11/01/2011BriefFiled Appellants/Cross-Respondents Opening Brief.11-33602
11/10/2011MotionFiled Stipulation to Extend Date for Respondent/Cross-Appellant to File their Answering Brief and Opening Brief on Cross-Appeal.11-34809
11/10/2011Notice/OutgoingIssued Notice Stipulation Approved. Respondent/Cross-Appellant's Answering Brief and Opening Brief on Cross-Appeal due January 3, 2012.11-34812
11/14/2011Notice/IncomingFiled Notice of Change of Firm Name (Wolfenzon, Schulman & Rolle will now be known as Wolfenzon Rolle).11-35062
12/01/2011MotionFiled Respondent/Cross-Appellant's Motion to Extend Time to File its Answering Brief/Opening Brief on Cross Appeal; And Request to be Allowed to File Extended Briefs.11-36879
01/17/2012Order/ProceduralFiled Order Granting Motion for Extension of Time and for Leave to File Brief with Excess Pages. Respondent/cross-appellant shall have until March 5, 2012, to file and serve the combined brief of no more than 91 pages.12-01614
03/05/2012BriefFiled Answering Brief Respondent-Cross-Appellant's Answering Brief on Appeal and Opening Brief on Cross-Appeal12-06942
03/05/2012AppendixFiled Respondent/Cross-Appellant's Appendix Volume 1.12-06945
03/05/2012AppendixFiled Respondent/Cross-Appellant's Appendix Volume 1, Part 4.12-06950
03/05/2012AppendixFiled Respondent/Cross-Appellant's Appendix Volume 2.12-06951
03/27/2012MotionFiled Motion to Extend Time to File Appellants/Cross-Respondent Answering and Reply Brief (First Request).12-09665
03/29/2012Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellants/Cross-respondents: Reply brief and Answering brief due: July 16, 2012.12-09903
07/13/2012MotionFiled Appellants/Cross-Respndents' Motion to File Extended Reply/Answering Brief.12-22200
07/13/2012AppendixFiled Appendix to Reply/Answering Brief Vol 79 (part 1).12-22203
07/13/2012AppendixFiled Appendix to Reply/Answering Brief Vol 79 (part 2).12-22204
07/13/2012AppendixFiled Appendix to Reply/Answering Brief Vol 79 (part 3).12-22205
07/13/2012AppendixFiled Appendix to Reply/Answering Brief Vol 79 (part 4).12-22206
07/13/2012AppendixFiled Appendix to Reply/Answering Brief Vol 79 (part 5).12-22207
07/13/2012AppendixFiled Appendix to Reply/Answering Brief Vol 79 (part 6).12-22208
07/13/2012AppendixFiled Appendix to Reply/Answering Brief Vol 79 (part 7).12-22209
08/03/2012Order/ProceduralFiled Order Granting Motion for Excess Pages. We grant the motion and direct the clerk of this court to file the combined brief provisionally received on July 13, 2012.12-24526
08/03/2012BriefFiled Appellants/Cross-Respondents reply/answering brief.12-24527
08/08/2012MotionFiled Motion to Extend Time to File D.R. Horton's Reply Brief on Cross-Appeal.12-24936
08/23/2012Order/ProceduralFiled Order Granting Motion for Extension of Time. Respondent/cross-appellant's reply brief on cross-appeal due: September 17, 2012.12-26712
09/17/2012BriefFiled Respondent/Cross-Appellant's Reply Brief on Cross-Appeal.12-29402
09/17/2012Case Status UpdateBriefing Completed/To Screening.
12/10/2012AppendixFiled Appendix Petitioner's Appendix Volume 43 (part 1).12-38809
12/10/2012AppendixFiled Appendix Petitioner's Appendix Volume 43 (part 2).12-38810
01/18/2013Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the en banc court on the next available calendar.13-02033
02/05/2013Notice/IncomingFiled Supplement to Notice of Appearance. (James Christensen for certain appellants/cross-respondents)13-03741
03/07/2013Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for Wednesday, May 8, 2013, @ 11:30 a.m. in Carson City. Argument shall be limited to 30 minutes.13-06937
04/22/2013Notice/OutgoingIssued Oral Argument Reminder Notice.13-11747
04/25/2013BriefFiled Notice of Supplemental Authorities of Respondent/Cross-Appellant D.R. Horton, Inc.13-12231
04/30/2013BriefFiled Petitioners' Response to Supplemental Authorities Filed by Respondent/Cross-Appellant D.R. Horton.13-12552
05/02/2013MotionFiled Motion for Determination of Representation of Homeowners by Attorney James R. Christensen.13-12825
05/03/2013Order/ProceduralFiled Order. This case is currently scheduled for oral argument on May 8, 2013, at 11:30 a.m. Court requests that Christensen address certain issues.13-13047
05/08/2013Notice/IncomingFiled Supplement to Notice of Appearance (James Christensen, P.C., appearing on behalf of Appellants/Respondents: Patricia Barrett, Wanda Berkholtz, Clifford Couser, Margaret Dudley, Jessica L. Grant, Robert Gunderson, Phyllis Gunderson, Nancy Jansen, Michelle Ingram Johnson, Juan Lopez, Shonna Mayfield, Patrick McGough, John Menichelli, Bernadette Menichelli, Lynn Nowakowski, Wendy Murata, Gunther R. Paul, Helen Scungio, Linda Waters, Robert Weber and Barbara Werra).13-13525
05/08/2013Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
05/10/2013BriefFiled Respondent/Cross-Appellant's Supplemental Brief Requested at Oral Argument.13-13867
05/10/2013Notice/IncomingFiled Certificate of Compliance for Respondent/Cross-Appellant's Supplemental Brief Requested at Oral Argument.13-13868
05/16/2013BriefFiled Response to Supplemental Brief (requested at oral argument) Filed by Respondent/Cross-Appellant D.R. Horton.13-14574
06/11/2013Order/ProceduralFiled Order Directing Supplemental Briefing. Appellant has 15 days from this order's date to file and serve its supplemental brief addressing these and any other related issues. Respondents have 15 days to file and serve a response. The page/type volume limitations applicable to reply briefs under NRAP 32(a)(7)(A) (15 pages, 7000 words or 650 lines of text) apply.13-17078
06/14/2013MotionFiled Motion for Clarification of Court's June 11, 2013 Order.13-17674
06/14/2013Order/ProceduralFiled Order Granting Motion for Clarification. Respondent/cross-appellant, D.R. Horton, Inc., has filed a motion seeking clarification of this court's June 11, 2013, order directing supplemental briefing and setting deadlines for the parties to file their supplemental briefs. Having considered the motion, we grant it and clarify that appellants/cross-respondents have until June 26, 2013 (the deadline set forth in the June 11 order), to file and serve their supplemental brief. D.R. Horton shall then have 15 days from service of appellants/cross-respondents' supplemental brief to file a supplemental answering brief.13-17701
06/26/2013BriefFiled Appellants'/Cross Defendants' Supplemental Brief.13-18774
07/12/2013Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent/cross-appellant shall have until July 18, 2013, to file and serve the supplemental answering brief.13-20383
07/19/2013BriefFiled Respondent/Cross-Appellant's Supplemental Brief Requested by Court's June 11, 2013 Order.13-21250
02/27/2014Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court EN BANC. fn1-[The Honorable Michael A. Cherry, Justice, and the Honorable Ron D. Parraguirre, Justice, voluntarily recused themselves from participation in this matter.] Author: Douglas, J. Majority: Douglas/Gibbons/Pickering/Hardesty/Saitta. 130 Nev. Adv. Opn. No. 9.14-06400
03/17/2014Post-Judgment PetitionFiled Petition for Rehearing. (Appellants/Cross-Respondents (Barrett and others) represented by James Christensen).14-08614
03/17/2014Filing FeeFiling fee paid. E-Payment $150.00 from James R. Christensen
03/25/2014Notice/IncomingFiled Notice Notice of Withdrawal of Attorney, Micah S. Echols of Marquis Aurbach Coffing, attorney for the Respondent.14-09293
03/25/2014Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Respondent/Cross-Appellant's Answer due: 15 days.14-09433
04/07/2014Order/ProceduralFiled Order Granting Motion to Withdraw as Counsel. The clerk of this court shall remove Marquis Aurbach Coffing and Mr. Juan and Mr. Echols as counsel of record for D.R. Horton. D.R. Horton continues to be represented by Wolfenzon Rolle and attorney Jonathan P. Rolle.14-10861
04/08/2014Post-Judgment PetitionFiled Respondent/Cross-Appellant's Answer to Petition for Rehearing.14-11195
04/14/2014MotionFiled Motion for Leave to File Reply in Support of Petition for Rehearing.14-11981
04/18/2014Order/ProceduralFiled Order Granting Motion for Leave to File Reply. The clerk of this court shall file the reply received on April 14, 2014.14-12577
04/18/2014Post-Judgment PetitionFiled Reply in Support of Petition for Rehearing Pursuant to NRAP 40. (Appellants/Cross-Respondents (Barrett and others) represented by James Christensen).14-12582
04/23/2014Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c).14-13013
04/23/2014Notice/IncomingFiled Notice of Withdrawal of Attorney. (Megan K. Dorsey, Esq. and the Law firm of Koeller, Nebeker, Carlson & Haluck, LLP.)14-13023
05/19/2014RemittiturIssued Remittitur.14-16175
05/19/2014Case Status UpdateRemittitur Issued/Case Closed.
05/29/2014RemittiturFiled Remittitur. Received by District Court Clerk on May 21, 2014.14-16175
09/03/2014Notice/OutgoingIssued Letter to Publishers with corrections to recently filed opinions. (Letter dated July 17, 2014) Nos. 58602/59387/63724/64194/56614/58345/62489/62615/57324/59290. (Letter entered in 58602 as document no. 14-29096.)