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Combined Case Information: 68810
Short Caption:U.S. HOME CORP. VS. THE MICHAEL BALLESTEROS TRUSTCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A714219Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:09/16/2015 / Shirinian, AraSP Status:Completed
Oral Argument:07/17/2017 at 10:00 AMOral Argument Location:Las Vegas
Submission Date:07/17/2017How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/14/2015Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court.
09/14/2015Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)15-27786
09/14/2015Notice/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.15-27789
09/16/2015Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian.15-28098
09/16/2015Filing FeeFiling Fee Paid. $250.00 from Payne & Fears, LLP. Check No. 087193.
09/17/2015Docketing StatementFiled Docketing Statement Civil Appeals.15-28147
09/17/2015Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/03/15. To Court Reporter: Rachelle Hamilton.15-28154
09/17/2015Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. (Docketing Statement)15-28198
09/17/2015Notice/IncomingFiled Certificate of Service of Docketing Statement on Settlement Judge.15-28199
09/24/2015Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation and should be removed from the settlement program.15-28937
09/25/2015Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 30 days transcript request; 60 days opening brief. fn1[The clerk shall attach a copy of that transcript request form to this order.]15-29157
10/20/2015AppendixFiled Joint Appendix, Volumes 1-2.15-31887
10/28/2015TranscriptFiled Notice from Court Reporter. Rachelle Hamilton stating that the requested transcripts were delivered. Dates of transcripts: 06/03/15.15-32856
11/05/2015BriefFiled Appellant's Opening Brief.15-33721
12/07/2015BriefFiled Respondents' Answering Brief.15-37175
01/06/2016BriefFiled Appellant's Reply Brief.16-00402
01/06/2016Case Status UpdateBriefing Completed/To Screening.
01/29/2016Order/ProceduralFiled Order Submitting Appeal for Decision without Oral Argument.16-03117
12/09/2016Order/ProceduralFiled Order Inviting Amicus Curiae Briefs and Supplemental Party Briefs. Amicus briefs that support appellants' positions shall be submitted within 30 days of the date of this order. Amicus briefs that support the respondents' positions, and any supplemental briefs respondents choose to submit in response to the appellants' amici briefs, shall be filed within 60 days of this order. Thereafter, appellants shall have 15 days to submit supplemental briefs, if desired. The Clerk of the Court is directed to send copies of this order to the State Bar of Nevada (ADR, Business, Construction, and Litigation Sections), the Nevada Justice Association, and the Las Vegas Defense Lawyers, inviting them to participate as amicus curiae in these appeals. If other amici wish to participate, they should do so by stipulation or motion under NRAP 29. Upon conclusion of this additional briefing, the Clerk shall set these appeals for oral arguments before the en banc court. Nos. 68769/68810.16-38199
12/27/2016Order/Clerk'sFiled Order Granting Telephonic Extension. Amicus Curiae Nevada Home Builders Association's Brief due: January 23, 2017.16-40217
01/24/2017MotionFiled Nevada Home Builders Association's Motion for Permission to Exceed Page Limitation for Amicus Curiae Brief.17-02534
01/24/2017MotionFiled Motion for Leave to File Amicus Curiae Brief Pursuant to NRAP 29 in Support of Appellants U.S. Home Corp. and Greystone Nevada, LLC. (DETACHED BRIEF AND FILED SEPARATELY PER ORDER 1/30/17).17-02602
01/30/2017Order/ProceduralFiled Order Granting Motions. The clerk of this court shall detach the amicus briefs of the Nevada Home Builders Association (NHBA) from the motions filed on January 24, 2017, and file them separately in these appeals. Respondents shall have 30 days from the date of this order to file any supplemental briefs in response to NHBA's amicus briefs. Thereafter, appellants shall have 15 days to file supplemental briefs, if desired, in response to the briefs filed by respondents. Nos. 68769/68810.17-03340
01/30/2017BriefFiled Nevada Home Builders Association's Amicus Brief.17-03341
02/06/2017BriefFiled Amicus Curiae Brief of the Nevada Justice Association.17-04114
02/22/2017MotionFiled Stipulation and Order to Extend Supplemental Briefing Deadlines.17-06223
03/01/2017Order/ProceduralFiled Order Approving Stipulations. Respondents shall have until March 8, 2017, to file any supplemental briefs in response to Nevada Home Builders Associations' amicus briefs. Thereafter, appellants shall have until March 30, 2017, to file supplemental briefs, if desired, in response to the briefs filed by respondents or their amicus. Nos. 68769/6881017-06976
03/06/2017Notice/OutgoingIssued Notice of Deficient Brief. Corrected brief due: 5 days.17-07570
03/08/2017BriefFiled Respondents' Supplemental Brief.17-07883
03/30/2017BriefFiled Appellant's Supplemental Brief.17-10712
05/23/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, July 17, 2017, at 10:00 a.m. for 30 minutes in Las Vegas.17-17176
06/07/2017Notice/IncomingFiled Notice of Change of Address (Payne and Fears LLP).17-18855
06/14/2017Notice/IncomingFiled Notice of Appearance of Respondents' Counsel at Oral Argument (Duane Shinnick to argue on behalf of Respondents).17-19733
06/29/2017BriefFiled Appellant's Notice of Supplemental Authorities.17-21803
06/30/2017Notice/OutgoingIssued Oral Argument Reminder Notice.17-21877
07/07/2017Notice/IncomingFiled Notice of Appearance of Appellant's Counsel at Oral Argument. Gregory H. King, Esq., and Matthew L. Durham, Esq. with the law firm of Payne & Fears LLP, will appear on behalf of appellant U.S. Home Corp.17-22594
07/17/2017Case Status UpdateOral argument held this day. Case submitted for decision. "Before the En Banc Court."
04/12/2018Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded with instructions." Before the Court En Banc. Author: Pickering, J. Majority: Pickering/Douglas/Cherry/Gibbons/Hardesty/Parraguirre/Stiglich.134 Nev. Adv. Opn. No. 25. EN BANC18-14019
05/07/2018RemittiturIssued Remittitur.18-17332
05/07/2018Case Status UpdateRemittitur Issued/Case Closed.
05/21/2018RemittiturFiled Remittitur. Received by District Court Clerk on May 11, 2018.18-17332
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