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Combined Case Information: 88503-COA & 88503
Short Caption:IN RE: ESTATE OF LENK C/W 88616Court:Court of Appeals & Supreme Court
Consolidated:88503-COA*, 88616-COARelated Case(s):86343, 86343-COA, 88503, 88616, 88616-COA
Lower Court Case(s):Nye Co. - Fifth Judicial District - PR21-0269Classification:Civil Appeal - General - Proper Person
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/18/2024Filing FeeFiling Fee due for Appeal. (SC)
04/18/2024Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)24-13586
04/18/2024Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee/Proper Person. No action will be taken on this matter until filing fee is paid. Due Date: 14 days. (SC)24-13588
04/29/2024MotionFiled Proper Person Notice of Filing of Motion to Stay Proceedings Pending Appellant Court Review in District Court. (SC)24-14800
04/29/2024Filing FeeFiling Fee Paid. $250.00 from Robert & Denise Pilkington. Cashier's check no. 891367. (SC)
04/30/2024Notice/OutgoingIssued Notice Regarding Deadlines. (SC)24-14966
05/06/2024MotionFiled Proper Person Motion to Consolidate Appeal and Petition for Writ of Mandamus or in the Alternative, petition for Writ of Prohibition. (SC)24-15815
05/13/2024MotionFiled Respondents' Response to Motion to Consolidate Appeal and Petition for Writ of Mandamus or in the Alternative, Petition for Writ of Prohibition. (SC)24-16685
05/13/2024MotionFiled Respondents' Motion to Strike Uncertified Purported Transcript and to Dismiss Petition for Writ. (FILED IN WRONG CASE). (SC)
05/22/2024Docketing StatementFiled Proper Person (Pilkington's) Docketing Statement. (SC)24-17961
05/22/2024Docketing StatementFiled Respondents' Response to Docketing Statement. (SC)24-18037
05/22/2024MotionFiled Proper Person's Reply to Response to Motion to Consolidate Appeal and Petition for Writ of Mandamus or in the Alternative, Petition for Writ of Prohibition. (SC)24-18048
05/29/2024OtherReturned Unfiled Document - Reply to Response to Docketing Statement. (SC)24-18809
06/20/2024Notice/IncomingFiled Proper Person Notice of Filings of Transcript(s)(SC) 02-27-202424-21414
07/08/2024Order/ProceduralFiled Order Granting Motion to Consolidate and Strike, and Order Directing Transmission of the Record. Petitioners/appellants have filed a motion to consolidate these two cases, which real parties in interest/respondents oppose. Having considered the parties' arguments, the motion to consolidate is granted, NRAP 3(b), and the clerk of this court is hereby directed to consolidate these two cases. With respect to the writ petition, real parties in interest have moved to strike an uncertified transcript in the appendix and/or the appendix in total and to dismiss the petition. The motion is granted in part, and the clerk of this court is directed to strike the uncertified transcript, pp. 140-153 of the appendix, from the record. But because real parties in interest have not demonstrated that parts of the appendix other than the uncertified transcript should be stricken, the motion is denied as to the remainder of the appendix and as to the request to dismiss the petition. District court record due: 30 days. The briefing schedule shall remain as set forth in Docket No. 88503. Opening brief or informal brief due: August 28, 2024. Respondents shall have 30 days from the date that appellants' brief is served to file and serve any answering brief; however, respondents are not required to file an answering brief unless specifically requested to do so by the court. Nos 88503/88616 (SC)24-23595
07/10/2024MotionFiled Proper Person Emergency Motion to Stay Under NRAP 27(e) for Stay During Appeal. Nos. 88503/88616. (SC)24-23972
07/10/2024Order/ProceduralFiled Amended Order Granting Motion to Consolidate and Strike, and Order Directing Transmission of the Record. Petitioners/appellants have filed a motion to consolidate these two cases, which real parties in interest/respondents oppose. Having considered the parties' arguments, the motion to consolidate is granted, NRAP 3(b), and the clerk of this court is hereby directed to consolidate these two cases. With respect to the writ petition, real parties in interest have moved to strike an uncertified transcript in the appendix and/or the appendix in total and to dismiss the petition. The motion is granted in part, and the clerk of this court is directed to strike the uncertified transcript, pp. 140-153 of the appendix, from the record. But because real parties in interest have not demonstrated that parts of the appendix other than the uncertified transcript should be stricken, the motion is denied as to the remainder of the appendix and as to the request to dismiss the petition. District court record due: 30 days. The briefing schedule shall remain as set forth in Docket No. 88503. Opening brief or informal brief due: August 28, 2024. Respondents shall have 30 days from the date that appellants' brief is served to file and serve any answering brief; however, respondents are not required to file an answering brief unless specifically requested to do so by the court. Nos 88503/88616 (SC)24-23983
07/11/2024MotionFiled Respondents' Response to Emergency Motion to Stay Under NRAP 27(e) for Stay During Appeal. Nos. 88503/88616. (SC)24-24175
07/12/2024MotionFiled Proper Persons' Motion to Augment File on Appeal. Nos. 88503/88616. (SC)24-24351
07/15/2024TranscriptFiled Appellants' Transcript. Proceedings: 2/27/2024. Court Reporter: Naegeli Deposition and Trial. Nos. 88503/88616. (SC)24-24466
07/15/2024MotionFiled Appellants' Reply to Opposition to Emergency Motion to Stay Under NRAP 27(e) During Appeal. Nos. 88503/88616. (SC)24-24499
07/17/2024MotionFiled Real Party in Interest Response to Augment File on Appeal Nos. 88503/88616(SC)24-25038
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 1. Nos. 88503/88616. (SC)24-25455
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 2. Nos. 88503/88616. (SC)24-25456
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 3. Nos. 88503/88616. (SC)24-25457
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 4. Nos. 88503/88616. (SC)24-25459
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 5. Nos. 88503/88616. (SC)24-25461
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 6. Nos. 88503/88616. (SC)24-25463
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 7. Nos. 88503/88616. (SC)24-25464
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 8. Nos. 88503/88616. (SC)24-25465
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 9. Nos. 88503/88616. (SC)24-25467
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 10. Nos. 88503/88616. (SC)24-25470
07/22/2024Record on Appeal DocumentsFiled District Court's Record on Appeal - Vol. 1 (Left Side). Nos. 88503/88616. (SC)24-25472
07/25/2024MotionFiled Reply to Response to Motion to Augment File on Appeal. Nos. 88503/88616. (SC)24-26027
08/12/2024BriefFiled Appellant's Opening Brief. Nos. 88503/88616 (SC)24-28240
08/14/2024MotionFiled Proper Person Emergency Request for Immediate Decision on Emergency Motion to Stay Under NRAP 27(e) for Stay During Appeal. Nos. 88503/88616. (SC)24-28749
08/16/2024Order/ProceduralFiled Order Denying Motions for Stay and to Augment Record on Appeal. Appellants/petitioners have filed motions for stay of the order pending appeal and to augment the record. Respondents/real parties in interest oppose the motions, and appellants/petitioners have filed replies. Upon review of the matter under the Nelson v. Heer factors, the district court conditioned a stay on appellants/petitioners posting a supersedeas bond for the full amount of the award. Appellants'/petitioners' motion to this court, however, discusses the NRAP 8(c) factors and asks this court to waive the supersedeas bond requirement without addressing the appropriate factors or demonstrating why the district court abused its discretion in refusing to waive the bond requirement. They thus have not shown that the district court abused its discretion when it conditioned a stay upon posting a full supersedeas bond. Accordingly, we deny appellants' motion for a stay without bond pending appeal. Motion to augment record on appeal: This court will not take judicial notice of facts in a different case unless a valid reason for doing so is demonstrated. At this time, we decline to take judicial notice of the documents attached to appellants'/petitioners' motion and thus deny the motion to augment the record, subject to reconsideration if the court determines the records are necessary to its review after briefing is completed. fn1[In light of this order, we deny as moot appellants' August 14, 2024, motion for an immediate decision on their motion for stay.] Nos. 88503/88616 A24-DH/PL/LB (SC)24-29232
08/27/2024MotionFiled Proper Person Motion for Reconsideration of 8/16/24 Order Under NRAP 27(b). Nos. 88503/88616. (SC)24-30640
09/05/2024MotionFiled Proper Person Motion for Reconsideration Under NRAP 27. Nos. 88503/88616. (SC)24-32258
09/09/2024MotionFiled Respondent's Response to Motion for Reconsideration Under NRAP Rule 27. Nos. 88503/88616. (SC)24-32803
09/13/2024MotionFiled Proper Person's Reply to Response to Motion for Reconsideration Under NRAP 27. Nos. 88503/88616. (SC)24-33808
12/17/2024Case Status UpdateBriefing Completed/To Screening. Nos. 88503/88616 (SC)
12/23/2024Order/ProceduralFiled Order Granting Motion for Reconsideration and Denying Motion for Stay. Appellants/petitioners assert that, although their stay motion did not directly address the Nelson v. Heer factors, 121 Nev. 832, 835-36, 122 P.3d 1252, 1253-54 (2005), pertinent information was nevertheless included, and they point to arguments they made therein. Accordingly, we grant the motion to reconsider the stay motion. However, based on the information before us, we ultimately conclude that appellants/petitioners have not shown that the district court abused its discretion when it conditioned a stay upon posting a full supersedeas bond. The decision regarding the bond amount or other security is within the district court's discretion. Having considered the parties' arguments, we conclude that the district court did not abuse its discretion in refusing to waive a full bond. Accordingly, we decline to impose a stay without bond. Nos. 88503/88616 B24-DH/PL/LB (SC)24-49483
01/13/2025Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. Nos. 88503/88616 (SC)25-01823
01/13/2025Case Status UpdateTransferred to Court of Appeals. Nos. 88503/88616 (SC)
01/13/2025Case Status UpdateTransferred from Supreme Court. Nos. 88503/88616 (COA)
01/29/2025MotionFiled Proper Person Motion to Expedite Appeal. Nos. 88503-COA/88616-COA. (COA)25-04376
01/29/2025Notice/IncomingFiled Respondents' Notice of Appellants' Bankruptcy Filing. Nos. 88503/88616.(TRANSFERRED DOCUMENT TO COA). (SC)
01/29/2025Notice/IncomingFiled Respondents' Notice of Appellants' Bankruptcy Filing. Nos. 88503-COA/88616-COA. (COA)25-04488
02/03/2025MotionFiled Proper Person Supplement to Motion to Expedite Appeal. Nos. 88503-COA/88616-COA. (COA)25-05133
02/14/2025Order/ProceduralFiled Order Regarding Bankruptcy and Denying Motion to Expedite. On January 29, 2025, appellants/petitioners filed a motion to expedite these consolidated matters. Thereafter, certain respondents/real parties in interest filed a notice that appellants/petitioners filed for bankruptcy protection in November 2024. Appellants/petitioners then supplemented their motion to expedite, appearing to assert that no bankruptcy stay applied to these consolidated matters. In light of the foregoing, the parties shall have 14 days from the date of this order to inform this court, in writing, the status of the bankruptcy proceedings and whether these consolidated matters are subject to an automatic bankruptcy stay. Nos. 88503/88616 (COA)25-07076
02/24/2025Notice/IncomingFiled Proper Person (Appellants) Notice to the Court Regarding February 14, 2025 Order to Notice Court of Bankruptcy Proceedings. Nos. 88503-COA/88616-COA. (COA)25-08398
04/07/2025Order/DispositionalFiled Order Dismissing Appeal. "We therefore dismiss this matter without prejudice to appellants'/petitioners' right to move for reinstatement of the matter upon either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceedings, if appellants/petitioners deem such a motion appropriate at the time." Nos. 88503-COA/88616-COA. COA-BB/MG/DW. (COA)25-15551
04/07/2025Order/DispositionalFiled Order Dismissing Appeal. "We therefore dismiss this matter without prejudice to appellants'/petitioners' right to move for reinstatement of the matter upon either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceedings, if appellants/petitioners deem such a motion appropriate at the time." Nos. 88503-COA/88616-COA. COA-BB/MG/DW. (SC)
04/09/2025MotionFiled Proper Person (Appellants) Motion for Reinstatement of Appeal. Nos. 88503-COA/88616-COA. (COA)25-15984
04/24/2025Order/ProceduralFiled Order Granting Motion and Reinstating Matter. Appellants/petitioners have moved to reinstate this matter. The motion is granted. The clerk of the court shall therefore reinstate this matter. Nos. 88503-COA/88616- COA.25-18360
07/08/2025MotionFiled Proper Persons Motion for Leave to File Motion in Excess of 10 Pages. Nos. 88503-COA/88616-COA. (COA)25-29663
07/08/2025MotionFiled Proper Persons Motion for an Order Declaring the April 2, 2024 Nye County Fifth Judicial District Court Order Void AB Initio for Lack of Subject Matter Jurisdiction. Nos. 88503-COA/88616-COA. (DEFICIENT - Pending Motion). (COA)25-29667
09/24/2025Order/DispositionalFiled Order of Affirmance (Docket No. 88503-COA) and Order Denying Petition for Writ of Mandamus (Docket No. 88616-COA). "In Docket No. 88616-COA, we deny the Pilkingtons' petition for a writ of mandamus challenging the district court's order declaring them vexatious litigants. And in Docket No. 88503-COA, we affirm the district court's order awarding the Lenk heirs their attorney fees and costs." fn8 [8Insofar as the Pilkingtons raise arguments that are not specifically addressed in this order, we have considered the same and conclude that they do not present a basis for relief.] Nos. 88503-COA/88616-COA. COA-BB/MG/DW. (COA)25-41693
09/24/2025Order/DispositionalFiled Order of Affirmance (Docket No. 88503-COA) and Order Denying Petition for Writ of Mandamus (Docket No. 88616-COA). "In Docket No. 88616-COA, we deny the Pilkingtons' petition for a writ of mandamus challenging the district court's order declaring them vexatious litigants. And in Docket No. 88503-COA, we affirm the district court's order awarding the Lenk heirs their attorney fees and costs." fn8 [8Insofar as the Pilkingtons raise arguments that are not specifically addressed in this order, we have considered the same and conclude that they do not present a basis for relief.] Nos. 88503-COA/88616-COA. COA-BB/MG/DW. (SC)
10/06/2025Case Status UpdateTransferred to Supreme Court. Nos. 88503-COA/88616-COA.(COA)
10/06/2025Case Status UpdateTransferred from Court of Appeals. Nos. 88503/88616. (SC)
10/06/2025Case Status UpdateCase Closed. Nos. 88503-COA/88616-COA. (COA)
10/06/2025Post-Judgment PetitionFiled Proper Person Petition for Review. Nos. 88503/88616 (SC)25-43594
10/07/2025Filing FeeReturned Filing Fee. Check No. 373109 returned to Denise Pilkington. (SC)
10/23/2025Post-Judgment Order/DispositionalOrder Denying Petition for Review. Review denied. Nos. 88503/88616 En Banc (SC)25-46222
10/23/2025RemittiturIssued Remittitur. (SC)25-46276
10/23/2025Case Status UpdateRemittitur Issued/Case Closed. (SC)
11/07/2025RemittiturFiled Remittitur. Received by County Clerk on 10/28/25. Nos. 88503/88616. (SC)25-46276