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Combined Case Information: 87975 & 87975-COA
Short Caption:SMITH VS. PAUSTIAN C/W 86961Court:Supreme Court & Court of Appeals
Consolidated:86961*, 87975Related Case(s):86961, 86961-COA, 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:01/26/2024 / Trost, JanetSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/25/2024Filing FeeFiling Fee due for Appeal. (SC)
01/25/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)24-02897
01/25/2024Notice/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)24-02899
01/25/2024Filing FeeE-Payment $250.00 from Christian M. Morris. (SC)
01/25/2024Notice/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)24-02991
01/26/2024Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Janet Trost. (SC)24-03148
01/31/2024Notice/IncomingFiled Appellant's Notice of Cost Bond on Appeal. (SC)24-03717
02/07/2024Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for March 27, 2024, at 1:00 PM. (SC)24-04674
02/16/2024Notice/OutgoingIssued Notice to File Docketing Statement. Due date: 7 days. (SC)24-05825
02/23/2024Docketing StatementFiled Appellant's Docketing Statement. (SC)24-06586
03/27/2024Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)24-11010
03/28/2024Settlement 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)24-11108
04/11/2024Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08-03-2023; 01-18-2024; To Court Reporter: Jennifer P. Gerold(SC)24-12768
05/29/2024TranscriptFiled Notice from Court Reporter. Jennifer Gerold stating that the requested transcripts were delivered. Dates of transcripts: 08-03-2023 and 01-18-2024. (SC)24-18783
06/26/2024BriefFiled Appellant's Opening Brief. (SC)24-22286
06/26/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 1. (SC)24-22287
06/26/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 2. (SC)24-22288
06/26/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 3. (SC)24-22292
06/26/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 4. (SC)24-22289
06/26/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 5. (SC)24-22290
06/26/2024AppendixFiled Appellant's Appendix to Opening Brief - Vol. 6. (SC)24-22291
07/18/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's answering brief due: August 9, 2024. (SC)24-25208
08/09/2024BriefFiled Respondent's Answering Brief (SC)24-28034
08/26/2024Notice/IncomingFiled Respondent's Suggestion of Death Upon the Record Pursuant to NRAP 43(a)(1). (STRICKEN PER ORDER FILED ON 8/28/24) (SC)
08/28/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Notice of Suggestion of Death. Corrected Notice due: 7 days from the date of this order. (SC)24-30881
08/28/2024Notice/IncomingFiled Respondent's Suggestion of Death Upon the Record Pursuant to NRAP 43(a)(1). (SC)24-30973
09/09/2024BriefFiled Appellant's Reply Brief. (SC)24-32783
09/10/2024Case Status UpdateBriefing Completed/To Screening. (SC)
10/02/2024Order/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 28 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. (SC)24-36779
10/04/2024MotionFiled Respondent's Motion for Substitution of Personal Representative. (SC)24-37347
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. 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. (SC)24-38381
10/11/2024Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals (SC).24-38382
10/11/2024Case Status UpdateTransferred to Court of Appeals (SC).
10/11/2024Case Status UpdateTransferred from Supreme Court (COA).
10/28/2024Order/ProceduralFiled Notice of Voluntary Disclosure for Judge Bulla. (COA)24-40646
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
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