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Combined Case Information: 85978
Short Caption:MALCO ENTER. OF NV, INC. VS. WOLDEYOHANNESCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A817739Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:01/27/2023 / Shirinian, AraSP Status:Completed
Oral Argument:09/25/2024 at 1:30 PMOral Argument Location:Las Vegas
Submission Date:09/25/2024How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/18/2023Filing FeeFiling Fee due for appeal. (SC)
01/18/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)23-01726
01/18/2023Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)23-01729
01/26/2023Filing FeeFiling Fee Paid. $250.00 from Messner Reeves LLP. Check No. 1409. (SC)
01/26/2023Notice/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: 21 days. (SC)23-02590
01/27/2023Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. (SC)23-02722
02/16/2023Docketing StatementFiled Appellant's Docketing Statement (REJECTED PER NOTICE ISSUED 2/17/23) (SC)
02/17/2023Notice/OutgoingIssued Notice of Rejection of Deficient Docketing Statement. Corrected docketing statement due: 5 days.(SC)23-04950
02/24/2023Docketing StatementFiled Appellant's Docketing Statement. (SC)23-05721
03/01/2023Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC)23-06090
03/03/2023Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 14 days transcript request; 90 days opening brief. (SC)23-06477
04/04/2023Order/ProceduralFiled Order Regarding Transcript Request Form. Appellant shall have 7 days from the date of this order to serve and file, in this court, a file-stamped transcript request form. If no transcript will be requested, appellant shall file and serve a certificate to that effect in this court within the same time period. (SC)23-10301
04/10/2023Transcript RequestFiled Appellant's Certificate of No Transcript Request. (SC)23-10870
05/31/2023MotionFiled Appellant's Joint Stipulation to Extend Time to File the Opening Brief. (SC)23-17057
06/09/2023Order/ProceduralFiled Order Granting Motion. Appellant shall have until August 30, 2023, to file and serve the opening brief and appendix. (SC)23-18307
08/30/2023Notice/IncomingFiled Appellant's Notice of Appearance for Renee M. Finch in Place of Scott L. Rogers. (SC)23-28474
08/30/2023AppendixFiled Appellant's Appendix to Opening Brief. Vol. 1 (SC)23-28479
08/30/2023AppendixFiled Appellant's Appendix to Opening Brief. Vol. 2. (SC)23-28481
08/30/2023AppendixFiled Appellant's Appendix to Opening Brief. Vol. 3. (SC)23-28484
08/30/2023BriefFiled Appellant's Opening Brief. (SC)23-28525
09/29/2023MotionFiled Joint Stipulation To Extend Time To File Respondent's answering Brief.(SC)23-32089
10/02/2023Notice/OutgoingIssued Issued Notice Motion/Stipulation Approved.(Answering Brief and Appendix due: October 30, 2023) (SC)23-32135
10/30/2023MotionFiled Joint Stipulation to Extend Time to File Respondent's Answering Brief. (SC)23-35275
11/01/2023Order/ProceduralFiled Order Granting Motion. Respondent's answering brief due: November 13, 2023. (SC)23-35568
11/13/2023MotionFiled Respondent's Motion for Extension of Time on Respondent's Answering Brief.(SC)23-36705
11/15/2023MotionFiled Appellant's Opposition to Respondent's Motion for Extension of Time to File Answering Brief. (SC)23-37138
11/22/2023MotionFiled Respondent's Reply to Appellant's Response to Respondent's Motion to For Extension of Time on Respondent's Answering Brief.(SC)23-38093
12/01/2023Order/ProceduralFiled Order Granting Motion. Extraordinary circumstances and extreme need having been shown, the opposed motion requesting a third extension of time to file the answering brief is granted. Respondent shall have until December 13, 2023, to file and serve the answering brief. (SC)23-39015
12/13/2023BriefFiled Respondent's Answering Brief(SC)23-40517
12/13/2023AppendixFiled Respondent's Appendix Volume I. (SC)23-40518
12/21/2023MotionFiled Appellant's Motion for Extension of Time to File Reply Brief.(SC)23-41479
12/21/2023Notice/OutgoingIssued Notice Motion/Stipulation Approved. "Reply Brief" Due date: 01-26-2024(SC)23-41510
01/26/2024BriefFiled Appellant's Reply Brief(SC)24-03271
01/26/2024AppendixFiled Appellant's Reply Appendix (SC)24-03272
01/29/2024Case Status UpdateBriefing Completed/To Screening(SC)
08/14/2024Order/ProceduralFiled Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in this matter. Accordingly, oral argument is scheduled for September 25, 2024, at 1:30 a.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC)24-28666
08/30/2024Notice/IncomingFiled Respondent's Verified Application for Association of Counsel Under Nevada Supreme Court Rule 42. (STRICKED PER ORDER FILED ON 9/3/24) (SC)
09/03/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Association of Counsel. Corrected Association of Counsel due: 7 days from the date of this order. (SC)24-31750
09/10/2024MotionFiled Respondent's Motion to Extend Time to Refile Verified Application for Association of Counsel Under Nevada Supreme Court Rule 42. (STRICKEN PER ORDER FILED ON 9/12/24) (SC)
09/11/2024Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)24-33271
09/12/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Motion for Extension of Time to Associate Counsel. Corrected Motion due: 7 days from the date of this order. (SC)24-33474
09/18/2024Notice/IncomingFiled Respondent's Motion to Associate Counsel (SC)24-34468
09/19/2024Notice/IncomingFiled Respondent's Notice of Supplemental Authority (SC)24-34558
09/19/2024Order/ProceduralFiled Order Granting Motion. On September 18, 2024, respondent's counsel filed a motion to associate Ohio attorney Jonathan Lawrence Hilton of the law firm of Hilton Parker LLC, in this matter pursuant to SCR 42. Attached to the motion to associate Mr. Hilton is a verified application, certificate of good standing from the State Bar of Ohio and a Supreme Court Rule 42 statement. Cause appearing, we grant the motion. Mr. Hilton shall be permitted to appear on behalf of respondent in this appeal. The clerk of this court shall add Mr. Hilton as counsel for respondent. Nevada attorney Michael C. Kane of The702Firm shall be responsible for all matters presented by Mr. Hilton in this matter. Pursuant to Nevada Electronic Filing and Conversion Rules 4(a)(1) and Nevada Rules of Appellate Procedure 25(a)(2)(B), Mr. Hilton is required to file any case related documents through this court's electronic filing system. (SC)24-34566
09/25/2024Case Status UpdateOral argument held this day. Case submitted for decision. Before Stiglich/Pickering/Parraguirre. (SC)
12/05/2024Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before: Stiglich/Pickering/Parraguirre. Author: Parraguirre, J. Majority: Stiglich/Pickering/Parraguirre. 140 Nev. Adv. Opn. No. 76. B24-LS/KP/RP. (SC).24-46373
12/13/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's petition for en banc reconsideration due: January 2, 2025. (SC)24-47822
12/13/2024MotionFiled Respondent's Motion to Issue the December 5, 2024 Opinion as a Published Opinion (SC)24-47847
12/20/2024MotionFiled Appellant's Unopposed Motion for Extension of Time to File Petition for En Banc Reconsideration(SC)24-49345
12/27/2024Order/ProceduralFiled Order Denying Motion. Appellant previously received a telephonic extension of time to file a petition for en banc reconsideration and does not demonstrate extraordinary and compelling circumstances warranting a second extension. Accordingly, the motion is denied. Appellant shall have 7 days from the date of this order to file and serve any petition for en banc reconsideration. If no petition for en banc reconsideration is timely filed, the clerk shall issue the remittitur. (SC)24-50018
12/30/2024Order/ProceduralFiled Order. On December 13, 2024, respondent filed a motion to publish the opinion that was issued on December 5, 2024. No action will be taken on the motion to publish. (SC)24-50277
01/03/2025Post-Judgment PetitionFiled Appellant's Petition for En Banc Reconsideration (SC)25-00409
01/28/2025Post-Judgment OrderFiled Order Denying En Banc Reconsideration. "En banc reconsideration denied." EN BANC (SC)25-04113
02/18/2025RemittiturIssued Remittitur.(SC)25-07380
02/18/2025Case Status UpdateRemittitur Issued/Case Closed.(SC)
03/04/2025RemittiturFiled Remittitur. Received by District Court Clerk on 2/20/25. (SC)25-07380
04/29/2025Notice/IncomingFiled Notice from the Supreme Court of the United States Office of the Clerk (Extension to File a Petition for a Writ of Certiorari Extended to 06-27-2025 (SC)25-18944
07/08/2025Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed 06/27/2025 and placed on the docket as Case No. 25-3. (SC)25-29581
10/17/2025Notice/IncomingFiled Notice from US Supreme Court/Certiorari Denied. The petition for a writ of certiorari is denied.25-45491