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Combined Case Information: 86961 & 86961-COA
Short Caption:SMITH VS. PAUSTIAN C/W 87975Court:Supreme Court & Court of Appeals
Consolidated:86961*, 87975Related Case(s):86961-COA, 87975, 87975-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - A751936Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:07/14/2023 / Trost, JanetSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/13/2023Filing FeeFiling Fee due for appeal. (SC)
07/13/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)23-22416
07/13/2023Notice/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)23-22419
07/13/2023Filing FeeE-Payment $250.00 from Christian M. Morris. (SC)
07/14/2023Notice/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).23-22529
07/14/2023Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Janet Trost. (SC).23-22604
07/21/2023Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for August 10, 2023, at 2:00 PM. (SC)23-23442
08/04/2023Docketing StatementFiled Appellant's Docketing Statement. (SC)23-25163
08/11/2023Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: August 30, 2023, at 1:00 PM. (SC)23-26095
08/30/2023Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 29, 2023, at 1:00 pm. (SC).23-28472
09/29/2023Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)23-32046
10/03/2023Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC)23-32323
10/04/2023Notice/IncomingFiled Respondent's Notice of Appearance and Change of Counsel for Steven Knauss Instead of Christine Atwood. (SC)23-32449
10/17/2023Notice/IncomingFiled Appellant's Notice of Request for Transcript of Proceedings. Transcripts requested: 4/13/2023, 4/17/2023, 4/20/2023, and 4/21/2023. Court Reporter: Jennifer Gerold. (REJECTED PER NOTICE FILED ON 10/17/2023). (SC)
10/17/2023Notice/OutgoingIssued Notice of Rejection of Deficient Transcript Request. (SC)23-33872
10/18/2023Notice/IncomingFiled Appellant's Notice of Request for Transcript of Proceedings. Transcripts requested: 4/13/2023, 4/17/2023, 4/20/2023, and 4/21/2023. Court Reporter: Jennifer Gerold. (REJECTED PER PHONE CALL WITH ATTORNEY OFFICE). (SC)
10/18/2023Notice/IncomingFiled Appellant's Notice of Request for Transcript of Proceedings. Transcripts requested: 4/13/2023, 4/17/2023, 4/20/2023, and 4/21/2023. Court Reporter: Jennifer Gerold. (SC)23-33974
12/06/2023TranscriptFiled Notice from Court Reporter. Jennifer Gerold stating that the requested transcripts were delivered. Dates of transcripts:4/13/2023, 4/17/2023, 4/20/2023, and 4/21/2023. (SC)23-39518
12/15/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's opening brief and appendix due: January 16, 2024. (SC)23-40739
01/12/2024BriefFiled Appellant's Opening Brief. (SC)24-01366
01/12/2024AppendixFiled Appellant's Appendix to Opening Brief - Master Index. (SC)24-01370
01/12/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 1. (REJECTED PER PHONE CALL).(SC)
01/12/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 2. (SC)24-01372
01/12/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 3. (SC)24-01373
01/12/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 4. (SC)24-01374
01/12/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 5. (SC)24-01375
01/16/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 1. (SC)24-01494
02/07/2024MotionFiled Respondent's Unopposed Motion for Extension of Time to File Answering Brief. (SC)24-04519
02/07/2024Notice/OutgoingIssued Notice Motion/Stipulation Approved. (SC)24-04632
03/13/2024BriefFiled Respondent's Answering Brief. (SC)24-09037
04/12/2024BriefFiled Appellant's Reply Brief (SC)24-12801
04/12/2024Case Status UpdateBriefing Completed/To Screening(SC)
04/29/2024Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).24-14835
04/29/2024Case Status UpdateTransferred to Court of Appeals. (SC).
04/29/2024Case Status UpdateTransferred from Supreme Court. (COA).
05/21/2024Order/ProceduralFiled Notice of Voluntary Disclosure for Judge Bulla. (COA)24-17787
06/21/2024Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on August 27, 2024, at 2:30 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (COA)24-21619
08/12/2024Notice/OutgoingNotice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on (date) at (time).24-28232
08/26/2024Notice/IncomingFiled Respondent's Notice of Suggestion of Death Upon the Record Pursuant to NRAP 43(a)(1). (COA)24-30535
08/27/2024Order/ProceduralFiled Order. Counsel for respondent has filed a suggestion of death indicating that respondent Robert Ray Paustian has died during the pendency of this action. Upon the death of a party, an action may not proceed until a personal representative is substituted for the decedent. Accordingly, counsel for Paustian shall have 90 days from the date of this order to: (1) file a motion for the substitution of a personal representative or (2) inform this court that Paustian has no personal representative. The oral argument scheduled for August 27, 2024, in this appeal is vacated pending further order of this court. (COA)24-30729
08/28/2024Notice/IncomingFiled Respondent's Suggestion of Death Upon the Record Pursuant to NRAP 43(a)(1). (COA)24-30974
10/04/2024MotionFiled Respondent's Motion for Substitution of Personal Representative. (COA)24-37349
10/11/2024Notice/IncomingFiled Appellant's Notice of Supplemental Authority. (STRICKEN PER ORDER FILED ON 10/14/24) (COA)
10/11/2024Order/ProceduralFiled Order Granting Motion and Modifying Caption. Counsel for respondent Robert Paustian has filed a motion for substitution, requesting that Kathleen Paustian be substituted as personal representative of Robert Ray Paustian. The motion is granted. Accordingly, the clerk of this court shall amend the caption and docket of this appeal, consistent with the caption on this order, by substituting Kathleen Paustian in place and stead of respondent Robert Ray Paustian. (COA)24-38458
10/14/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Notice of Supplemental Authority. Corrected Supplemental due: 7 days from the date of this order. (COA)24-38587
10/16/2024Notice/IncomingFiled Appellant's Notice of Supplemental Authority. (COA)24-38959
10/21/2024Order/ProceduralFiled Notice of Voluntary Disclosure for Judge Bulla. (COA)24-39633
10/31/2024Order/ProceduralFiled Order to Show Cause. Appellant shall have 21 days from the date of this order within which to show cause why this appeal should not be dismissed as moot. Respondent may file any response within 14 days from the date that appellant's pleading is served. And appellant may file any reply within 7 days of the service of respondent's response. (COA)24-41252
11/21/2024MotionFiled Appellant's Response to Order to Show Cause. (COA)24-44472
12/05/2024MotionFiled Respondents' Reply to Appellant's Response to Order to Show Cause. (COA)24-46466
12/11/2024MotionFiled Appellant's Reply to Response to Order to Show Cause. (COA)24-47392
12/11/2024Order/ProceduralFiled Order Allowing Appeal to Proceed. Following the filing of a suggestion of death regarding respondent Robert Ray Paustian, this court issued an order to show cause as to whether the appeal had become moot. Having considered appellant's response and respondent's reply to the order to show cause, we conclude that viable issues remain. Accordingly, this appeal may proceed. (COA)24-47437
12/11/2024Order/ProceduralFiled Order Consolidating Cases and Scheduling Oral Argument. These cases involve an appeal from a judgment on a jury verdict (Docket No. 86961-COA) and an appeal from a postjudgment order awarding attorney fees, costs, and interests (Docket No. 87975-COA) in a torts matter. As these appeals involve the same district court case and issues arising therefrom and the same parties, we conclude that their consolidation is warranted. Accordingly, these cases are hereby consolidated. Further, this court has determined that oral argument may be of assistance in resolving these matters. Accordingly, these matters are scheduled for oral argument on January 28, 2025, at 2:00 p.m. in Las Vegas. The argument shall be limited to 30 minutes. Nos. 86961/87975 (COA)24-47466
01/28/2025Case Status UpdateOral argument held this day. Case submitted for decision before the Court of Appeals. Nos. 86961/87975.(COA)
03/21/2025Order/DispositionalFiled Order Dismissing Appeal (Docket No. 86961-COA) and Affirming in Part, Reversing in Part, and Remanding (Docket No. 87975-COA). As we are unable to grant any relief that would change the outcome of the underlying case in Docket No. 86961-COA due to Paustian's death, we order the appeal in Docket No. 86961-COA dismissed. Docket No. 87975-COA, we reverse the order resolving the parties' motions for interest and we remand for the district court to calculate Smith's pre-offer prejudgment interest in accordance with this order. We conclude that the district court correctly calculated Paustian's post-offer prejudgment interest for the entire period between the time of the offer and the time of the entry of judgment, and we therefore affirm that portion of the post-judgment order resolving the parties' motions for interest. Westbrook, J., concurring. Nos. 86961/87975 COA-BB/MG/DW25-12938
03/21/2025Order/DispositionalFiled Order Dismissing Appeal (Docket No. 86961-COA) and Affirming in Part, Reversing in Part, and Remanding (Docket No. 87975-COA). As we are unable to grant any relief that would change the outcome of the underlying case in Docket No. 86961-COA due to Paustian's death, we order the appeal in Docket No. 86961-COA dismissed. Docket No. 87975-COA, we reverse the order resolving the parties' motions for interest and we remand for the district court to calculate Smith's pre-offer prejudgment interest in accordance with this order. We conclude that the district court correctly calculated Paustian's post-offer prejudgment interest for the entire period between the time of the offer and the time of the entry of judgment, and we therefore affirm that portion of the post-judgment order resolving the parties' motions for interest. Westbrook, J., concurring. Nos. 86961/87975 COA-BB/MG/DW (SC)
04/11/2025Case Status UpdateTransferred to Supreme Court. Nos. 86961/87975.(COA)
04/11/2025Case Status UpdateTransferred from Court of Appeals. Nos. 86961/87975.(SC)
04/11/2025Case Status UpdateCase Closed. Nos. 86961/87975.(COA)
04/11/2025RemittiturIssued Remittitur. Nos. 86961/87975.(SC)25-16348
04/11/2025Case Status UpdateRemittitur Issued/Case Closed. Nos. 86961/87975.(SC)
04/25/2025RemittiturFiled Remittitur. Received by District Court Clerk on 4/14/25. Nos. 86961/87975. (SC)25-16348