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Case Information: 67414
Short Caption:SONGER VS. DELUCCHICourt:Supreme Court
Related Case(s):66858, 68994
Lower Court Case(s):Nye Co. - Fifth Judicial District - CV35969Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/18/2015 / Worrell, CarolynSP Status:Completed
Oral Argument:05/10/2016 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:05/10/2016How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/18/2015Filing FeeFiling Fee Paid. $250.00 from Nationwide Legal Nevada. Check no. 13384.
02/18/2015Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)15-05177
02/18/2015Notice/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.15-05179
02/18/2015Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Carolyn Worrell.15-05318
03/10/2015Docketing StatementFiled Docketing Statement Civil Appeals.15-07408
04/03/2015Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. The parties have reached a partial settlement. They have agreed that the law firm of Erickson, Thorpe & Swainston, Ltd. will be dismissed from the appeal in case no. 66858. Nos. 66858/67414.15-10167
04/07/2015Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant: 15 days transcript request; 90 days opening brief and appendix.15-10436
04/22/2015Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/02/14. To Court Reporter: Chris Naaden.15-12209
06/26/2015TranscriptFiled Notice from Court Reporter. Jennifer Reyes stating that the requested transcripts were delivered. Dates of transcripts: 12/2/14.15-19624
07/06/2015Order/Clerk'sFiled Order Granting Telephonic Extension. Opening Brief due: July 20, 2015.15-20332
07/17/2015MotionFiled Appellant Pat Songer's Motion for Extension of Time for Filing Opening Brief Pursuant to NRAP 269(b)(1)(B) (Second Request).15-21724
07/24/2015Order/ProceduralFiled Order to Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within ten days from the date that appellants' response is served. Briefing is suspended. fn1[Appellant's motion for an extension of time to file the opening brief is denied as moot.]15-22457
08/21/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Response to Order to Show Cause due: September 7, 2015.15-25294
09/08/2015MotionFiled Appellant Pat Songer's Response to Order to Show Cause.15-27171
09/16/2015Order/ProceduralFiled Order Reinstating Briefing. We conclude that this appeal may proceed, and we reinstate the briefing schedule. Appellant shall have 30 days from the date of this order to file the opening brief. Thereafter, briefing shall proceed pursuant to NRAP 31(a)(1).15-28070
09/23/2015MotionFiled Motion for Extension of Time to File Reply to Appellant's Response to Order to Show Cause.15-28793
10/02/2015Notice/OutgoingIssued Notice to Transmit Required Document. Due date: 10 days. (Order of Dismissal filed September 15, 2015)15-29962
10/06/2015Order/IncomingFiled District Court Order. Order of Dismissal filed in district court on 10/6/2015.15-30259
10/15/2015Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Opening Brief and Appendix due: November 2, 2015.15-31385
10/23/2015Order/ProceduralFiled Order. The clerk of this court shall file the reply received on September 23, 2015. Having considered respondents' reply, we deny respondents' request to reinstate Docket No. 66858 or to dismiss this appeal.15-32441
10/23/2015MotionFiled Respondents' Reply to Appellant Pat Songer's Response to Order to Show Cause.15-32442
11/02/2015BriefFiled Appellant's Opening Brief.15-33371
11/03/2015AppendixFiled Joint Appendix Volumes 1-7.15-33413
11/25/2015BriefFiled Respondents' Answering Brief.15-36199
11/25/2015AppendixFiled Respondents' Supplemental Appendix.15-36200
01/20/2016Case Status UpdateBriefing Completed/To Screening. No reply brief filed.
03/31/2016Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar.16-10060
04/01/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, May 10, 2016, at 10:00 a.m. for 30 minutes in Las Vegas.16-10209
04/08/2016MotionFiled Motion to Vacate Oral Argument and Consolidate with Supreme Court Docket No. 68994. Nos. 67414/68994.16-10999
04/19/2016MotionFiled Pat Songer's Opposition to Motion to Vacate Oral Arguments and Consolidate with Nevada Supreme Court Docket No. 68994. Nos. 67414/68994.16-12100
04/19/2016Order/ProceduralFiled Order Denying Motion. On April 8, 2016, Raymond Delucchi and Tommy Hollis filed a motion to vacate oral argument in Docket No. 67414 and to consolidate Docket Nos. 67414 and 68994. The motion is opposed. No good cause appearing, the motion is denied. Argument of Docket No. 67414 will proceed before the Northern Panel as scheduled. Nos. 67414/68994.16-12233
04/22/2016BriefFiled Notice of Supplemental Authority Pursuant to NRAP 31(e).16-12702
04/25/2016Notice/OutgoingIssued Oral Argument Reminder Notice.16-12819
05/10/2016Case Status UpdateOral argument held this day. Case submitted for decision.
06/23/2016Order/DispositionalFiled Order Vacating Judgment and Remanding. "We vacate the judgment of fees and costs and remand this matter to the district court with instruction to follow the Brunzell factors and to make written factual findings to support the award of attorney fees.] NNP16D-MD/MC/MG16-19625
07/19/2016RemittiturIssued Remittitur.16-22383
07/19/2016Case Status UpdateRemittitur Issued/Case Closed.
07/28/2016RemittiturFiled Remittitur. Received by County Clerk on July 21, 2016.16-22383
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