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Case Information: 61131
Short Caption:APCO CONSTRUCTION, INC. VS. DIST. CT. (SCOTT FINANCIAL)Court:Supreme Court
Related Case(s):57641, 57784, 75197, 76276, 77320, 79301, 80508
Lower Court Case(s):Clark Co. - Eighth Judicial District - A571228, A574391, A574792, A577623, A579963, A580889, A583289, A584730, A587168, A589195, A589677, A590319, A592826, A596924, A597089, A606730, A608717, A608718Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:ParraguirreCase Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:None for Justice ParraguirrePanel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:04/10/2014 at 1:30 PMOral Argument Location:Regional Justice Center
Submission Date:04/10/2014How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/25/2012Filing FeeE-Payment $250.00 from Beau Sterling.
06/25/2012Petition/WritFiled Joint Petition for Writ of Mandamus or, in the Alternative, Prohibition.12-19847
06/25/2012OtherJustice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Law Firms
06/25/2012MotionFiled Petitioners' Joint Emergency Ex Parte Motion for Temporary Stay of Trial Court Proceedings.12-19954
06/26/2012AppendixFiled Appendix to Petition for Writ. Vols. 1 through 7 (via ftp).12-19980
06/26/2012MotionFiled Joint Motion to Limit the Appendix for the Writ Petition.12-20035
06/26/2012Notice/IncomingFiled Certificate of Service (Notice of Writ Filing).12-20083
06/27/2012MotionFiled Opposition To Joint Motion To Stay And Joint Ex Parte Motion For Immediate Temporary Stay Of Trial Proceedings.12-20157
06/27/2012Notice/IncomingFiled Notice - NRAP 26.1(a) Disclosure.12-20167
06/27/2012Notice/IncomingFiled Notice - NRAP 26.1(a) Disclosure.12-20187
06/27/2012AppendixFiled Supplemental Appendix to Petition for Writ Vol 8 (via FTP).12-20203
06/27/2012AppendixFiled Appendix to Petition for Writ Supplemental Appendix Vol 9.12-20232
06/27/2012Order/ProceduralFiled Order Denying Stay and Directing Petitioners to Submit a Proper Proof of Service. Petitioners: 11 days to file a complete and proper certificate of service for the writ petition and all other documents filed with this court that complies with the requirements of NRAP 25(d)(1)(B). This court will take no further action on petitioners' writ petition or motion to limit the appendix until petitioners fully comply with this order. Fn1[As this court does not have a complete service list, petitioners shall serve this order on all of the parties.]12-20246
07/02/2012Notice/IncomingFiled Amended Certificate of Service of Joint Petition for Writ of Mandamus or, in the Alternative, Prohibition.12-20716
07/02/2012Notice/IncomingFiled Amended Certificate of Service of Joint Motion for Stay and Joint Ex Parte Motion for Immediate Temporary Stay of Trial Proceedings.12-20717
07/02/2012Notice/IncomingFiled Amended Certificate of Service of Notice of Filing Joint Petition for Writ of Mandamus or, in the Alternative, Prohbition.12-20718
07/02/2012Notice/IncomingFiled Amended Certificate of Service of Appendix Volumes 1 - 7.12-20719
07/02/2012Notice/IncomingFiled Amended Certificate of Service of Joint Motion to Limit the Appendix for the Writ Appendix.12-20720
07/02/2012Notice/IncomingFiled Amended Certificate of Serivce of NRAP 26.1(a) Disclosure; Writ Appendix Volume 1 (replacement copy due to non-readable bate numbers); Supplemental Appendix Volume 8 and Supplemental Appendix Volume 9.12-20721
07/02/2012Notice/IncomingFiled Certificate of Service of Order Denying Stay and Directing Petitionoers to Submit a Proper Proof of Service.12-20725
07/02/2012Notice/IncomingFiled Supplemental Certificate of Service.12-20829
07/03/2012Notice/IncomingFiled Proof of Service of Appendix Volumes 1 thru 9.12-20884
07/05/2012Notice/IncomingFiled NRAP 26.1(A) DISCLOSURE.12-21129
08/14/2012Order/ProceduralFiled Order Denying Motion to Limit Appendix.12-25490
09/12/2012Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.12-28803
09/17/2012Order/ProceduralFiled Order/Answer Writ Petition. Answer due: 30 days. Petitioners shall have 15 days from service of the answers to file and serve a joint reply.12-29296
10/02/2012MotionFiled Stipulation for Extension of Time to File Answer to Writ Petition.12-31160
10/12/2012Order/ProceduralFiled Order Approving Stipulation for Extension of Time. Scott Financial Corporation: Answer due: November 19, 2012.12-32444
10/16/2012Notice/IncomingFiled Notice of Change of Address of the Law Firm Howard & Howard Attorneys PLLC.12-32928
11/14/2012MotionFiled Joint Motion of Petitioners and Real Party in Interest Scott Financial Corporation for Leave For Petitioner to File Supplemental Brief in Support of Petition and to Amend Briefing Schedule.12-36149
11/27/2012Order/ProceduralFiled Order Approving Stipulation for Leave to File Supplement to Writ Petition and To Extend Deadlines for Filing Answer and Reply. Petitioners shall have until December 31, 2012, to file any supplement to the writ petition, Scott Financial shall have until February 14, 2013, to file its answer, and petitioners shall have until March 18, 2013, to file any reply to the answer.12-37381
01/02/2013Petition/WritFiled Petitioners' Joint Supplemental Brief.13-00003
02/07/2013MotionFiled Emergency Motion Pursuant To NRAP 27(e).13-03970
02/07/2013Notice/IncomingFiled Notice of Association of Counsel, Michael Wall of Hutchison & Steffen, LLC as co-counsel for Scott Financial Corporation.13-03998
02/12/2013Order/ProceduralFiled Order Granting Motion for Extension of Time. Scott Financial Corporation shall file and serve its answer by no later than March 18, 2013, and petitioners shall file and serve any reply by no later than April 17, 2013.13-04406
03/19/2013Petition/WritFiled Scott Financial Corporation's Answer To Joint Petition For Writ of Mandamus or Prohibition.13-08170
03/19/2013Notice/IncomingFiled Joinder and Supplement to Scott Financial Corporation's Answer to Joint Petition for Writ of Mandamus or, in the Alternative, Prohibition.13-08171
04/16/2013MotionFiled Unopposed Motion For Extension of Time For Filing Reply Brief [First Request].13-11279
04/22/2013Order/ProceduralFiled Order Granting Motion for Extension of Time. Petitioners: Reply due: May 1, 2013.13-11757
05/01/2013Petition/WritFiled Reply in Support of Joint Petition for Writ of Mandamus or, in the Alternative, Prohibition.13-12806
06/03/2013BriefFiled Scott Financial Corporation's Supplemental Authorities In Support Of Answer to Joint Petition For Writ Of Mandamus Or Prohibition.13-16165
01/29/2014Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This matter we be scheduled for oral argument on the next available calendar.14-02980
01/29/2014Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled Thursday, April 10, 2014 at 1:30 p.m. in Las Vegas. Argument shall be limited to 30 minutes.14-03042
03/26/2014Notice/OutgoingIssued Oral Argument Reminder Notice.14-09567
04/08/2014Notice/IncomingFiled Notice of Association of Counsel (Lionel Sawyer & Collins and A. William Maupin, Esq. associate as counsel with Hutchison & Steffen, LLC, Michael Walls, Esq. on behalf of Scott Financial Corp.).14-11070
04/10/2014Case Status UpdateOral argument held this day. Case submitted for decision. To the Southern Nevada Panel. SNP13 - JH/MD/MC.
04/22/2014Notice/IncomingFiled Notice of Substitution of Real Party In Interest.14-12967
04/29/2014Notice/IncomingFiled Certificate of Service of Substitution of Real Party in Interest.14-13924
05/23/2014Order/ProceduralFiled Order Regarding Substitution. Because Power Plus is not a party to this writ proceeding, no action will be taken on the Substitution.14-16978
09/24/2015Opinion/DispositionalFiled Authored Opinion. "Petition denied." Before: Hardesty/Douglas/Cherry. Author: Hardesty, C.J. Majority: Hardesty/Douglas. Cherry, J., dissenting. 131 Nev. Adv. Opn. No. 70. SNP14-JH/MD/MC15-28849
09/28/2015Letter/IncomingFiled Letter from Matthew S. Carter.15-29370
10/01/2015Notice/IncomingFiled Notice of Appearance (Micah Echols as counsel for Petitioner APCO Construction).15-29876
10/02/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Petitioner APCO Construction's Petition for Rehearing due: October 19, 2015.15-29897
10/05/2015Letter/IncomingFiled Letter from Attorney Michael Wall regarding the misspelling of the law firm name on opinion.15-30162
10/13/2015MotionFiled Appellant's Joint Motion of (Non-APCO) Joint Lien Claimant Petitioners to Join In Request by APCO Construction for Extension to October 19, 2015 to File and Serve a Petition for Re-hearing.15-31044
10/16/2015Order/ProceduralFiled Order Granting Motion. Petitioners shall have until October 19, 2015, to file and serve a petition for rehearing.15-31525
10/20/2015Post-Judgment PetitionFiled Petition for Rehearing.15-31894
10/20/2015Filing FeeFiling fee paid. E-Payment $150.00 from Micah S. Echols
10/21/2015Notice/IncomingFiled Joinder to Petition for Rehearing.15-32014
11/24/2015Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Cherry, J., dissenting.15-35998
11/30/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Pursuant to a telephonic request received on November 25, 2015, petitioners Accuracy Glass & Mirror Co., Inc.; Bruin Painting Corp.; Buchele, Inc.; Cactus Rose Construction; Fast Glass, Inc.; HD Supply Waterworks, LP; Heinaman Contract Glazing, Inc.; Helix Electric of Nevada, LLC; Interstate Plumbing & Air Condidtioning, Inc.; SWPP Compliance Solutions, LLC; and WRG Design, Inc. shall have until December 17, 2015, to file and serve the petition for en banc reconsideration.15-36246
11/30/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Pursuant to a telephonic request received on November 25, 2015, petitioner APCO Construction shall have until December 17, 2015, to file and serve the petition for en banc reconsideration.15-36248
12/17/2015Post-Judgment PetitionFiled Petition for En Banc Reconsideration.15-38602
12/22/2015Notice/IncomingFiled Nevada Prefab Engineers and Pape Material Handling, Inc. Joinder to Petition for En Banc Reconsideration.15-39192
12/22/2015Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Real Parties in Interests' Answers due: 15 days.15-39332
12/31/2015MotionFiled Scott Financial Corporation's Motion for Extension of Time to Answer Petitioner's Petition for En Banc Reconsideration.15-40147
12/31/2015Order/ProceduralFiled Order Granting Motion. Scott Financial Corporation's Answer due: January 21, 2016.15-40247
01/21/2016Post-Judgment PetitionFiled Scott Financial Corporation's Answer to Petition for En Banc Reconsideration.16-02063
02/10/2016Notice/OutgoingIssued Letter dated February 8, 2016, to publishers with corrections to recently filed opinions. Nos. 62059/(61103/61640)/62745/63737/64881/65273/64214/61131/(60673/61390)/62061/64130/64484/65064/65632/66346/59685/(61305/61871)/(61324/63258)/65335/54389/64569 (Letter entered in 62059 as document no. 16-04455.)
02/19/2016Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." CHERRY, J., dissenting. fn1[The honorable Ron Parraguirre, Chief Justice, did not participate in the decision of this matter.] EN BANC16-05423
03/16/2016RemittiturIssued Notice in Lieu/Rehearing.16-08289
03/16/2016Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed.
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