Nevada
Appellate Courts
Appellate Case Management System
C-Track, the browser based CMS for Appellate Courts
Disclaimer: The information and documents available here should not be relied upon as an official record of action.
Only filed documents can be viewed. Some documents received in a case may not be available for viewing.
Some documents originating from a lower court, including records and appendices, may not be available for viewing.
For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600.

Case Information: 70164
Short Caption:FIRST TRANSIT, INC. VS. CHERNIKOFFCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A682726Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:04/18/2016 / Shirinian, AraSP Status:Completed
Oral Argument:07/06/2020 at 10:00 AMOral Argument Location:Carson City
Submission Date:07/06/2020How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/15/2016Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court.
04/15/2016Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)16-11885
04/15/2016Notice/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.16-11887
04/18/2016Filing FeeFiling Fee Paid. $250.00 from Lewis Roca Rothgerber Christie. Check No. 163687.
04/18/2016Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian.16-12021
04/29/2016TranscriptFiled Notice from Court Reporter. Maria Garibay stating that the requested transcripts were delivered. Dates of transcripts: no dates listed.16-13417
05/09/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Docketing Statement due: May 19, 2016.16-14317
05/09/2016Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for August 12, 2016 at 10:00 a.m.16-14519
05/20/2016Docketing StatementFiled Docketing Statement Civil Appeals.16-15903
08/15/2016Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.16-25289
08/16/2016Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix.16-25496
09/15/2016Notice/OutgoingIssued Notice to Request Transcripts. Due date: 10 days.16-28691
09/30/2016Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/30/15, 08/02/16, 08/16/16. To Court Reporter: None listed.16-30494
11/08/2016Notice/IncomingFiled Notice of Appearance (Micah Echols as counsel for the Respondent).16-34888
11/15/2016MotionFiled Motion for Extension to File Opening Brief and Appendix.16-35459
11/15/2016Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Brief and Appendix due: December 14, 2016.16-35494
11/22/2016MotionFiled Court Reporter's Motion for Extension of Time to Prepare and File Transcripts.16-36387
12/15/2016MotionFiled Appellant's Motion to Stay Briefing Pending Resolution of Appellate Jurisdiction.16-38860
12/15/2016MotionFiled Court Reporter's Motion for Extension of Time to Prepare and File Transcripts.16-38963
03/08/2017Order/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 11 days from the date that appellants' response is served. Briefing is suspended.fn1[Appellants' motion to stay the briefing schedule is denied.] fn2[We grant court recorder Maria Garibay's motions for extensions of time to prepare transcripts, and we direct the clerk of this court to file the notice of delivery received on December 19, 2016.]17-07836
03/08/2017TranscriptFiled Notice from Court Reporter. Maria Garibay stating that the requested transcripts were delivered. Dates of transcripts: No dates listed.17-07884
03/27/2017Notice/IncomingFiled Substitution of Attorney (Benjamin P. Cloward, Esq. of the Richard Harris Law Firm in place and stead of Hicks & Brasier formerly known as Cloward Hicks & Brasier as counsel for Respondent's).17-10083
04/07/2017MotionFiled Stipulation to Extend Time to Respond to Order to Show Cause.17-11674
05/08/2017MotionFiled Second Stipulation to Extend Time to Respond to Order to Show Cause.17-15250
05/30/2017Order/ProceduralFiled Order. Appellants shall have until June 7, 2017, to file and serve the response to the order to show cause.17-17972
06/07/2017MotionFiled Appellant's Response to Order to Show Cause.17-18969
06/16/2017Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental.17-19991
06/21/2017Order/ProceduralFiled Order Reinstating Briefing. Opening Brief and Appendix due: 60 days.17-20491
08/22/2017MotionFiled Stipulation for Extension to File Opening Brief and Appendix.17-27999
09/05/2017Order/ProceduralFiled Order Approving Stipulation. Opening Brief and Appendix due: September 20, 2017.17-29701
09/21/2017MotionFiled Appellant's Unopposed Motion for Extension to File Opening Brief.17-31928
10/09/2017Order/ProceduralFiled Order Granting Motion. Opening Brief & Appendix due: October 20, 2017.17-34174
10/20/2017AppendixFiled Appendix to Opening Brief Volume I.17-36064
10/20/2017AppendixFiled Appendix to Opening Brief Volume II.17-36065
10/20/2017AppendixFiled Appendix to Opening Brief Volume III.17-36066
10/20/2017AppendixFiled Appendix to Opening Brief Volume IV.17-36067
10/20/2017AppendixFiled Appendix to Opening Brief Volume V.17-36068
10/20/2017AppendixFiled Appendix to Opening Brief Volume VI.17-36069
10/20/2017AppendixFiled Appendix to Opening Brief Volume VII.17-36070
10/20/2017AppendixFiled Appendix to Opening Brief Volume VIII.17-36071
10/20/2017AppendixFiled Appendix to Opening Brief Volume IX.17-36073
10/20/2017AppendixFiled Appendix to Opening Brief Volume X.17-36074
10/20/2017AppendixFiled Appendix to Opening Brief Volume XI.17-36076
10/23/2017MotionFiled Appellant's Motion for Extension of Time to File Opening Brief.17-36136
10/24/2017Order/ProceduralFiled Order Granting Motion. Opening Brief due: October 30, 2017.17-36467
10/31/2017MotionFiled Appellants' Motion to Exceed the Type-Volume Limitation for Opening Brief.17-37236
11/06/2017Order/ProceduralFiled Order Denying Motion. Appellants have filed a motion for leave to file an opening brief in excess of the type-volume limitation. The motion is denied. The clerk of this court shall reject the proposed opening brief received via E-Flex on October 30, 2017. Appellants shall have 15 days from the date of this order to file and serve a brief that complies with the applicable rules of appellate procedure17-37924
11/22/2017MotionFiled Appellants' Motion for Leave to File Disk as Part of Appellants' Appendix.17-40344
11/22/2017BriefFiled Appellant's Opening Brief.17-40354
12/12/2017Order/ProceduralFiled Order Denying Motion. Appellants have filed a motion to submit a video CD identified as "trial exhibit A2" as volume 12 of their appendix. We deny the motion, and direct the clerk of this court to return, unfiled, the supplemental appendix received on November 29, 2017.17-42808
12/15/2017MotionFiled Stipulation for Extension to File Answering Brief and Appendix.17-43324
12/15/2017Notice/OutgoingIssued Notice Motion/Stipulation Approved. Respondents' Answering Brief and Appendix due: January 22, 2018.17-43326
01/22/2018MotionFiled Respondent's Motion for Extension of Time to File Answering Brief and Appendix.18-02753
02/01/2018Order/ProceduralFiled Order Granting Motion. Answering Brief due: February 21, 2018.18-04371
02/22/2018MotionFiled Respondent's Motion for Order Requiring Transmission of Physical Trial Exhibit from District Court.18-06888
02/22/2018MotionFiled Respondent's Motion for Extension of Time to File Answering Brief.18-06918
02/22/2018AppendixFiled Respondents' Appendix, Volume 1.18-06965
02/22/2018AppendixFiled Respondents' Appendix, Volume 2.18-06967
02/22/2018AppendixFiled Respondents' Appendix, Volume 3.18-06968
02/22/2018AppendixFiled Respondents' Appendix, Volume 4.18-06969
02/22/2018AppendixFiled Respondents' Appendix, Volume 5.18-06970
03/01/2018Order/ProceduralFiled Order Regarding Motions. The clerk of the district court shall have 20 days from the date of this order to transmit to clerk of this court trial Exhibit 2. Respondent's Answering Brief due: March 7, 2018.18-08119
03/06/2018Notice/IncomingFiled Appellant's Notice Removal From Service Lists (Leann Sanders).18-08822
03/08/2018BriefFiled Respondents' Answering Brief.18-09196
04/09/2018MotionFiled Stipulation for Extension to File Appellant's Reply Brief.18-13491
04/09/2018Notice/OutgoingIssued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: May 9, 2018.18-13496
05/10/2018MotionFiled Appellant's Unopposed Motion for Extension to File Reply Brief.18-17875
05/30/2018Order/ProceduralFiled Order Granting Motion. Appellant's Reply Brief due: June 8, 2018.18-20520
06/11/2018MotionFiled Respondent's Motion to Expedite Any Oral Argument Hearing and Decision.18-22077
06/11/2018BriefFiled Appellants' Reply Brief.18-22084
06/11/2018Case Status UpdateBriefing Completed/To Screening.
07/02/2018Order/ProceduralFiled Order Granting Motion. The court will expedite the resolution of this appeal to the extent permitted by its docket.18-25115
10/01/2018AppendixFiled Appendix to Opening Brief. (Supplement to Appendix Volume 7)18-38360
10/29/2018Order/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.18-42257
10/30/2018Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, December 3, 2018, at 2:30 p.m. for 30 minutes in Las Vegas.18-42446
11/15/2018Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)18-904327
12/03/2018Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. (SC)
08/01/2019Opinion/DispositionalFiled (VACATED PER ORDER FILED 3/6/20). Filed Authored Opinion. "Reversed and Remanded. Before the Court En Banc. Author: Hardesty, J., Majority: Hardesty/Gibbons/Parraguirre. Pickering, J., concurring. Stiglich, J., with whom Cadish and Silver, JJ. agree, dissenting. 135 Nev. Adv. Opn. No. 32. (SC)19-32346
08/09/2019Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents' Petition for Rehearing due: September 3, 2019. (SC).19-33611
08/15/2019Notice/IncomingFiled Appellants' Bill of Costs. (SC).19-34457
08/28/2019MotionFiled Respondents' Motion for Extension of Time to File Petition for Rehearing. (SC)19-35923
08/29/2019Order/ProceduralFiled Order Granting Motion. Respondents shall have until October 3, 2019, to file and serve a petition for rehearing. If no petition for rehearing is filed within this time period, the clerk shall issue the remittitur forthwith. (SC)19-36166
10/03/2019Post-Judgment PetitionFiled Respondents' Petition for Rehearing. (SC)19-41141
10/03/2019Filing FeeFiling fee paid. E-Payment $150.00 from Micah S. Echols. (SC)
10/10/2019Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Appellant's Answer due: 14 days. (SC)19-41963
10/24/2019MotionFiled Appellants' Motion for Extension of Time to File Answer to Petition for Rehearing. (SC)19-44138
11/01/2019Order/ProceduralFiled Order Granting Motion. Appellants' Answer to the Petition for Rehearing due: November 25, 2019. (SC).19-44972
11/25/2019MotionFiled Appellant's Motion for Extension of Time to File Answer to Petition for Rehearing. (SC)19-48229
11/26/2019Order/ProceduralFiled Order Granting Motion. Appellants shall have until December 26, 2019, to file and serve the answer to the petition for rehearing. (SC)19-48372
12/26/2019MotionFiled Appellant's Motion for Extension of Time to File Answer to Petition for Rehearing. (SC)19-52177
12/27/2019Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant's Answer to Petition for Rehearing due: January 9, 2020. (SC)19-52228
01/09/2020Post-Judgment PetitionFiled Appellants' Answer to Petition for Rehearing. (SC)20-01198
01/14/2020Notice/IncomingFiled Notice of Change of Firm Affiliation (Micah Echols is now with the Law Firm of Claggett & Sykes). (SC).20-01871
03/06/2020Post-Judgment OrderFiled Order Granting Rehearing, Vacating Opinion, and Scheduling Oral Argument. "We therefore grant the petition and vacate our prior opinion. Oral argument is scheduled for April 1, 2020, at 1:30 p.m. in Las Vegas. Argument shall be limited to 30 minutes." En Banc. (SC)20-08976
03/11/2020Order/ProceduralFiled Notice Regarding Oral Argument. To minimize and allay concern about exposure to COVID-19, the Supreme Court may, on written request, permit lawyers to participate in oral argument by videoconference. For a request to be granted, the parties' internet capabilities must be compatible with those of the court. A written request for videoconference must be addressed to the Clerk of the Court and filed and served at least 3 business days before the date set for oral argument. (SC).20-09623
03/18/2020Order/ProceduralFiled Order. In keeping with public health precautions recommended in response to COVID-19 and the emergency declared by Governor Sisolak on March 15, 2020, the Nevada Supreme Court and Court of Appeals are postponing all oral arguments until further notice. This includes the arguments scheduled for March 20 and 24 and April 1 and 15. This also includes the public hearing scheduled for April 22 in ADKT 435 and ADKT 553. The court will examine the options for rescheduling or submitting those cases as circumstances develop. The Clerk of the Court is directed to file and serve copies of this order in all cases in which oral argument has been scheduled and to post it on the Court's webpage. (SC).20-10546
05/08/2020Order/ProceduralFiled Order Rescheduling Oral Argument. On March 6, 2020, this court entered an order scheduling oral argument in this matter for April 1, 2020, at 1:30 p.m. Thereafter, argument was postponed due to the coronavirus pandemic. Argument is rescheduled for July 6, 2020, at 10:00 a.m. Argument shall be limited to 30 minutes. Within 14 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of that attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. The attorneys will be required to schedule a session with the Clerk of the Court to test the capabilities of the connection and video equipment approximately one week prior to argument. (SC).20-17516
05/21/2020Notice/IncomingFiled Notice of Appearance. Sean K. Claggett for Respondents. (SC)20-19426
06/22/2020Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)20-23083
07/06/2020Notice/IncomingFiled Notice of Appearance. Alison Brasier for Respondents. (SC)20-24665
07/06/2020Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. 70164. (SC)
09/11/2020Order/DispositionalFiled (VACATED PER ORDER FILED 11/20/20). Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." EN BANC. (SC)20-33470
09/28/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' petition for rehearing due: October 13, 2020. (SC)20-35605
10/01/2020MotionFiled Respondent's Motion to Terminate Appellate Proceedings and Issue the Remittitur Forthwith. (SC)20-36004
10/01/2020Order/ProceduralFiled Order. Alison Brasier of Hicks & Brasier, PLLC, filed a notice of appearance as counsel for respondents. The clerk of this court shall add Ms. Brasier and the law firm of Hicks & Brasier to the docket in this appeal. (SC)20-36064
10/08/2020MotionFiled Appellant's Response to Motion Opposition to "Motion to Terminate Appellate Proceedings and Issue Remittitur Forthwith". (SC)20-37056
10/13/2020MotionFiled Appellant's Motion to Extend Time to File Petition for Rehearing. (SC)20-37645
10/26/2020Order/ProceduralFiled Order. Respondents filed a motion to terminate appellant proceedings and issue remittitur in this matter. Respondents' motion is denied. Appellant's motion for an extension of time to file a petition for rehearing is granted. Petition for rehearing due: October 27, 2020. (SC)20-39216
10/27/2020Post-Judgment PetitionFiled Appellants' Petition for Rehearing. (SC)20-39390
10/27/2020Filing FeeFiling fee paid. E-Payment $150.00 from Joel D. Henriod. (SC)
11/20/2020Post-Judgment OrderFiled Order Denying Rehearing. We agree that the references to NRS 31.141 in the September 11, 2020, Order of Affirmance were in error and therefore vacate that order and issue the amended order filed herewith in its place. "We therefore deny rehearing." NRAP 40(c).20-42482
11/23/2020Order/DispositionalFiled Amended Order Affirming and Directing Immediate Issuance of Remittitur. "We affirm the district court's judgment." We also direct the clerk of the court to immediately issue remittitur upon the filing of this order. fn2[We vacate our September 11, 1010, order and issue this one in its place. EN BANC (SC)20-42595
11/23/2020Order/ProceduralFiled Order Denying Bill of Costs. Since appellants are not the prevailing party in this appeal, they are not entitled to costs. Appellant's bill of costs is denied. (SC)20-42596
11/23/2020RemittiturIssued Remittitur. (SC)20-42598
11/23/2020Case Status UpdateRemittitur Issued/Case Closed. (SC)
12/18/2020RemittiturFiled Remittitur. Received by District Court Clerk on December 1, 2020. (SC)20-42598