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Case Information: 77780
Short Caption:WILLARD VS. BERRY-HINCKLEY INDUS.Court:Supreme Court
Related Case(s):83640, 84848
Lower Court Case(s):Washoe Co. - Second Judicial District - CV1401712Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:01/07/2019 / Crowley, MargaretSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/29/2020How Submitted:On Record And Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/02/2019Filing FeeFiling Fee due for Appeal. Filing fee will be forwarded by the District Court. (SC)
01/02/2019Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)19-00097
01/02/2019Notice/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. (SC)19-00099
01/03/2019Filing FeeFiling Fee Paid. $250.00 from Robertson Law Firm. Check no. 27726. (SC)
01/07/2019Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Margaret M. Crowley. (SC).19-00718
01/16/2019Docketing StatementFiled Docketing Statement Civil Appeals. (SC)19-02425
03/08/2019Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for April 30, 2019, at 9:00 am. (SC).19-10490
05/09/2019Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC).19-20293
05/14/2019Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellants: 14 days transcript request; 90 days opening brief and appendix. (SC).19-21156
05/23/2019Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/12/17. To Court Reporter: Debora Cecere. (SC)19-22630
05/23/2019Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/04/18. To Court Reporter: Erin Ferretto. (SC)19-22632
05/23/2019Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/17/15. To Court Reporter: Christina Amundson. (SC)19-22634
06/03/2019Transcript RequestFiled Respondents' Request for Transcript of Proceedings. Transcripts requested: 01/10/17. To Court Reporter: None listed. (SC)19-24073
07/10/2019TranscriptFiled Notice from Court Reporter. Constance Eisenberg stating that the requested transcripts were delivered. Dates of transcripts: 01/10/17. (SC)19-29257
07/10/2019TranscriptFiled Notice from Court Reporter. Debora Cecere stating that the requested transcripts were delivered. Dates of transcripts: 12/12/17. (SC)19-29259
07/10/2019TranscriptFiled Notice from Court Reporter. Erin Ferretto stating that the requested transcripts were delivered. Dates of transcripts: 09/04/17. (SC)19-29260
07/10/2019TranscriptFiled Notice from Court Reporter. Christina Amundson stating that the requested transcripts were delivered. Dates of transcripts: 08/17/15. (SC)19-29264
08/08/2019Order/ProceduralFiled Order to Show Cause. Appellants' Response due: 30 days. Respondents may file any reply within 14 days of service of appellants' response. Briefing is suspended. (SC)19-33461
08/14/2019MotionFiled Appellants' Response to Order to Show Cause. (SC).19-34276
08/23/2019Order/ProceduralFiled Order Partially Dismissing Appeal and Reinstating Briefing. Accordingly, this appeal is dismissed in regard to the March 6, 2018, order, and the December 11, 2018, judgment only. This appeal shall proceed in regard to the November 30, 2018, order denying NRCP 60(b) relief, and the briefing schedule is reinstated as follows. Appellants shall have 7 days from the date of this order to file and serve the opening brief and appendix. (SC).19-35385
08/26/2019BriefFiled Appellants' Opening Brief. (SC)19-35543
08/26/2019AppendixFiled Appellants' Appendix Volumes 1- 8 (REJECTED PER NOTICE ISSUED ON 08/26/19). (SC)
08/26/2019Notice/OutgoingIssued Notice of Deficient Appendix. Corrected Appellant's Appendix due: 5 days. (SC)19-35631
08/26/2019AppendixFiled Appellants' Appendix Volume 1. (SC)19-35667
08/26/2019AppendixFiled Appellants' Appendix Volume 2. (SC)19-35668
08/26/2019AppendixFiled Appellants' Appendix Volume 3. (SC)19-35669
08/26/2019AppendixFiled Appellants' Appendix Volume 4. (SC)19-35670
08/26/2019AppendixFiled Appellants' Appendix Volume 5. (SC)19-35673
08/26/2019AppendixFiled Appellants' Appendix Volume 6. (SC)19-35674
08/26/2019AppendixFiled Appellants' Appendix Volume 7. (SC)19-35676
08/26/2019AppendixFiled Appellants' Appendix Volume 8 - Part 1. (SC)19-35679
08/26/2019AppendixFiled Appellant's Appendix Volume 8 - Part 2. (SC)19-35680
08/26/2019AppendixFiled Appellants' Appendix Volume 8 - Part 3. (SC)19-35689
08/26/2019AppendixFiled Appellants' Appendix Volume 9 - Part 1. (SC)19-35693
08/26/2019AppendixFiled Appellants' Appendix Volume 9 - Part 2. (SC)19-35695
08/26/2019AppendixFiled Appellants' Appendix Volume 10. (SC)19-35697
08/26/2019AppendixFiled Appellants' Appendix Volume 11. (SC)19-35698
08/26/2019AppendixFiled Appellants' Appendix Volume 12. (SC)19-35699
08/26/2019AppendixFiled Appellants' Appendix Volume 13. (SC)19-35700
08/26/2019AppendixFiled Appellants' Appendix Volume 14. (SC)19-35701
08/26/2019AppendixFiled Appellants' Appendix Volume 15. (SC)19-35702
08/26/2019AppendixFiled Appellant's Appendix Volume 16. (SC)19-35703
08/26/2019AppendixFiled Appellants' Appendix Volume 17. (SC)19-35704
08/26/2019AppendixFiled Appellants' Appendix Volume 18. (SC)19-35705
08/26/2019AppendixFiled Appellants' Appendix Volume 19. (SC)19-35706
09/04/2019Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents' Answering Brief due: October 9, 2019. (SC).19-36951
10/09/2019BriefFiled Respondents' Answering Brief. (SC)19-41860
10/09/2019AppendixFiled Respondents' Appendix Volume 1. (SC)19-41862
11/07/2019Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Reply Brief due: November 22, 2019. (SC)19-45839
11/19/2019BriefFiled Appellants' Reply Brief. (SC)19-47361
11/19/2019Case Status UpdateBriefing Completed/To Screening. (SC)
05/29/2020Order/ProceduralFiled Order Submitting for Decision Without Oral Argument. (SC)20-20372
08/06/2020Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded with instructions." Before: Parraguirre/Hardesty/Cadish. Author: Hardesty, J. Majority: Hardesty/Parraguirre/Cadish. 136 Nev. Adv. Opn. No. 53. NNP20-RP/JH/EC. (SC).20-28925
08/24/2020Post-Judgment PetitionFiled Respondents' Petition for Rehearing. (REJECTED PER 8/24/20 NOTICE). (SC)
08/24/2020Notice/OutgoingIssued Notice of Rejection of Petition for Rehearing. (SC)20-31205
08/24/2020Post-Judgment PetitionFiled Respondent's Petition for Rehearing. (SC)20-31223
08/24/2020Filing FeeFiling Fee Paid on Rehearing. E-Payment $150.00 from Brian R. Irvine. (SC)
10/01/2020Order/ProceduralFiled Order Directing Answering to Petition for Rehearing. Appellants' Answer due: 14 days. (SC).20-36040
10/14/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's answer to petition for rehearing due: October 29, 2020. (SC)20-37810
10/26/2020Post-Judgment PetitionFiled Appellant's Answer to Petition for Rehearing. (SC)20-39120
11/03/2020Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC)20-39991
11/10/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents' petition for en banc reconsideration due: December 1, 2020. (SC)20-41177
12/01/2020Post-Judgment PetitionFiled Respondents' Petition for En Banc Reconsideration. (SC)20-43451
12/23/2020Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Appellants' Answer due: 14 days. (SC)20-46359
01/04/2021Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' answer to petition for en banc reconsideration due: January 20, 2021. (SC)21-00036
01/15/2021Post-Judgment PetitionFiled Appellants' Answer to Petition for En Banc Reconsideration. (SC)21-01399
02/23/2021Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition, we have concluded that en banc reconsideration is not warranted. NRAP 40A. However, we clarify that neither party may present any new arguments or evidence on remand; the district court's consideration of the factors set forth in Yochum v. Davis, 98 Nev. 484, 486, 653 P.2d 1215, 1216 (1982), is limited to the record currently before the court. It is so ORDERED. (SC) Accordingly, we "ORDER the petition DENIED." EN BANC21-05280
03/22/2021RemittiturIssued Remittitur. (SC)21-08094
03/22/2021Case Status UpdateRemittitur Issued/Case Closed. (SC)
04/02/2021RemittiturFiled Remittitur. Received by District Court Clerk on March 25, 2021. (SC)21-08094