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Case Information: 79355
Short Caption:SUPERPUMPER, INC. VS. LEONARDCourt:Supreme Court
Related Case(s):80214, 82157
Lower Court Case(s):Washoe Co. - Second Judicial District - CV1302663Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:08/09/2019 / Leonard, DebbieSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/04/2021How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/07/2019Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court. (SC)
08/07/2019Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)19-33268
08/07/2019Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court. (Appellant Bayuk) (SC)
08/07/2019Notice of Appeal DocumentsFiled Notice of Appeal. (Docketing statement mailed to counsel for appellant.) (Appellant Bayuk) (SC)19-33271
08/07/2019Notice/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)19-33273
08/09/2019Filing FeeFiling Fee Paid. $250.00 from Marquis Aurbach Coffing. Check no. 127363. (SC)
08/09/2019Filing FeeFiling Fee Paid. $250.00 from Michael Lehners. Check no. 6620. (Appellant Bayuk) (SC)
08/09/2019Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Debbie Leonard. (SC).19-33615
08/26/2019Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' Docketing Statement due: September 11, 2019, (SC).19-35648
08/28/2019Notice/IncomingFiled Notice of Appearance (Tom W. Stewart of Marquis Aurbach Coffing as counsel for Appellants). (SC)19-36030
08/28/2019MotionFiled Appellants' Motion to Exceed Page Limit for Emergency Motion for Relief Under NRAP 27(e). (SC)19-36033
08/28/2019MotionFiled Appellants' Emergency Motion for Relief Under NRAP 27(e) (Immediate Temporary Stay Relief Requested by Friday, August 30, 2019 at 5:00 p.m.). (SC)19-36034
08/29/2019Order/ProceduralFiled Order Granting Motion for Leave to File Emergency Motion with Excess Pages. Appellant's motion for leave to file an emergency motion for relief of excess of the NRAP 27 page limit is granted. The emergency motion was filed on August 28, 2019. (SC).19-36355
08/30/2019Notice/OutgoingIssued Notice of Voluntary Disclosure. I believe that I can be fair and impartial in this case, but I wish to disclose that Phillip Aurbach, Esq., is a member of my Red Rock summer mixed tennis team. The parties will have 10 days from the date of this order to file any objection based on my disclosure. (SC)19-36493
08/30/2019Notice/IncomingFiled Notice of Appearance (Gerald M. Gordon, Esq., Erika Pike Turner, Esq., Teresa M. Pilatowicz, Esq., and Stephen A. Davis, Esq., as counsel for Respondent William Leonard.) (SC).19-36568
08/30/2019MotionFiled Respondent's Motion to Exceed Page Limit for the Opposition to Appellant's Emergency Motion for Stay Relief. (SC).19-36569
08/30/2019MotionFiled Respondent's Opposition to Appellants' Emergency Motion for Stay Relief. (SC).19-36570
09/03/2019MotionFiled Appellants' Motion to Exceed Page Limit for Reply in Support of Emergency Motion for Relief Under NRAP 27(e). (SC)19-36794
09/03/2019MotionFiled Appellants' Reply in Support of Emergency Motion for Relief Under NRAP 27(e). (SC)19-36796
09/04/2019Order/ProceduralFiled Order Granting Motions for Leave to File Opposition to Emergency Motion and Reply with Excess Pages. Respondent's August 30, 2019, and appellants' September 3, 2019, motions for leave to file an opposition to the emergency motion for relief, and a reply to the opposition, respectively, in excess of the NRAP 27 page limit is granted. The opposition was filed on August 30, and the reply was filed on September 3. (SC)19-36839
09/09/2019Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for November 1, 2019. (SC).19-37702
09/10/2019Order/ProceduralFiled Order Denying Stay. We deny appellants' motion for a stay. (SC)19-37777
09/11/2019Docketing StatementFiled Docketing Statement Civil Appeals. (SC)19-38050
10/30/2019Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC).19-44599
10/31/2019Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 14 days transcript request; 90 days opening brief. (SC)19-44795
11/13/2019Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Request for Transcript of Proceedings due: December 2, 2019. (SC)19-46418
11/27/2019Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 07/22/19, 02/8/19, 11/26/18, 09/11/18, 02/24/16, 06/03/15 and 05/14/15. To Court Reporter: Sunshine Litigation Services. (SC).19-48497
12/16/2019TranscriptFiled Notice from Court Reporter. Judith Ann Schonlau stating that the requested transcripts were delivered. Dates of transcripts: 07/22/19. (SC).19-50908
01/15/2020TranscriptFiled Notice from Court Reporter. Erin T. Ferretto stating that the requested transcripts were delivered. Dates of transcripts:06/03/15. (SC)20-01916
01/15/2020TranscriptFiled Notice from Court Reporter. Erin T. Ferretto stating that the requested transcripts were delivered. Dates of transcripts: 02/24/16. (SC)20-01920
01/16/2020TranscriptFiled Notice from Court Reporter. Julie Ann Kernan stating that the requested transcripts were delivered. Dates of transcripts: 02/8/19. (SC)20-02179
01/29/2020MotionFiled Appellants' Motion to Stay Briefing or Alternatively Motion for Extension of Time to File Opening Brief and Appendix. (SC)20-04033
01/31/2020Notice/IncomingFiled Appellants' Notice of Filing of Motion to Consolidate (Nos. 79355/80214). (SC)20-04502
02/05/2020MotionFiled Respondent's Opposition to Motion to Stay Briefing, or Alternatively, Motion for Extension of Time to File Opening Brief and Appendix. (SC)20-05071
02/06/2020MotionFiled Respondent's Opposition to Motion to Confirm Appellate Jurisdiction and Motion to Consolidate Appeals. (SC)20-05178
02/06/2020MotionFiled Appellants' Motion to Withdraw as Counsel of Record. (SC)20-05185
02/12/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants' shall have until February 26, 2020, to file and serve the reply to Respondent's Opposition to Motion to Stay Briefing, or Alternatively, Motion for Extension of Time to File Opening Brief and Appendix and until February 27, 2020, to file and serve the reply to Respondent's Opposition to Motion to Confirm Appellate Jurisdiction and Motion to Consolidate Appeals. (SC).20-05844
02/25/2020Notice/IncomingFiled Notice of Change of Firm Affiliation (Micah S. Echols is no longer affiliated with Marquis Aurbach Coffing he is now affiliated with Claggett & Sykes) . (SC)20-07644
02/26/2020MotionFiled Appellants' Reply in Support of Motion to Stay Briefing, or Alternatively, Motion for Extension of Time to File Opening Brief and Appendix (First Request). (SC)20-07828
02/26/2020MotionFiled Appellants' Notice of Filing of Reply in Support of Motion to Consolidate Appeals. (SC)20-07830
02/28/2020OtherJustice James W. Hardesty disqualified from participation in this matter. Disqualification Reason: Law Firms
03/06/2020Order/ProceduralFiled Order Dismissing Appeal and Regarding Motions. "The appeal in Docket No. 80214 is dismissed." Appellants have filed a motion in Docket No. 79355 to consolidate the appeals and to extend the briefing schedule for combined briefing. Appellant's Opening Brief and Appendix in Docket No. 79355 due: 30 days. SNP20-MG/LS/AS. Nos. 79355/80214. (SC).20-08948
04/06/2020MotionFiled Appellant's Motion for Extension of Time to File Appellants' Opening Brief and Appendix (Second Request). (SC).20-12960
04/08/2020MotionFiled Respondent's Opposition to Motion for Extension of Time to File Appellant's Opening Brief and Appendix (Second Request). (SC)20-13435
04/15/2020Order/ProceduralFiled Order Granting Motions. The clerk of this court shall remove the firm of Marquis Aurbach Coffing, and attorneys Thomas Stewart and Kathleen Wilde from the docket in this appeal. Appellants Superpumper, Inc.; Salvatore Morabito; and Snowshoe Petroleum, Inc. will continue to be represented by Micah S. Echols, now at the law firm of Claggett & Sykes, along with Frank Gilmore, at the law firm of Robison, Sharp, Sullivan & Brust. Appellant Edward Bayuk, individually and as Trustee of the Edward Bayuk Living Trust, will continue to be represented by Micah S. Echols, now at the law firm of Claggett & Sykes, along with Jeffrey Hartman, at the law firm of Hartman & Hartman. ). Appellants shall have until June 5, 2020, to file and serve the opening brief and appendix. (SC)20-14343
06/02/2020AppendixFiled Appellants' Appendix, Volume 1. (SC)20-20730
06/02/2020AppendixFiled Appellants' Appendix, Volume 2. (SC)20-20739
06/02/2020AppendixFiled Appellants' Appendix, Volume 3. (SC)20-20741
06/02/2020AppendixFiled Appellants' Appendix, Volume 4. (SC)20-20742
06/02/2020AppendixFiled Appellants' Appendix, Volume 5. (SC)20-20746
06/02/2020AppendixFiled Appellants' Appendix, Volume 6. (SC)20-20748
06/02/2020AppendixFiled Appellants' Appendix, Volume 7. (SC)20-20749
06/02/2020AppendixFiled Appellants' Appendix, Volume 8. (SC)20-20767
06/02/2020AppendixFiled Appellants' Appendix, Volume 9. (SC)20-20769
06/02/2020AppendixFiled Appellants' Appendix, Volume 10. (SC)20-20774
06/02/2020AppendixFiled Appellants' Appendix, Volume 11. (SC)20-20776
06/02/2020AppendixFiled Appellants' Appendix, Volume 12. (SC)20-20777
06/02/2020AppendixFiled Appellants' Appendix, Volume 13. (SC)20-20779
06/02/2020AppendixFiled Appellants' Appendix, Volume 14. (SC)20-20785
06/02/2020AppendixFiled Appellants' Appendix, Volume 15. (SC)20-20790
06/02/2020AppendixFiled Appellants' Appendix, Volume 16. (SC)20-20792
06/02/2020AppendixFiled Appellants' Appendix, Volume 17. (SC)20-20793
06/02/2020AppendixFiled Appellants' Appendix, Volume 18. (SC)20-20795
06/02/2020AppendixFiled Appellants' Appendix, Volume 19. (SC)20-20797
06/02/2020AppendixFiled Appellants' Appendix, Volume 20. (SC)20-20800
06/02/2020AppendixFiled Appellants' Appendix, Volume 21. (SC)20-20801
06/02/2020AppendixFiled Appellants' Appendix, Volume 22. (SC)20-20808
06/02/2020AppendixFiled Appellants' Appendix, Volume 23. (SC)20-20809
06/02/2020AppendixFiled Appellants' Appendix, Volume 24. (SC)20-20810
06/02/2020AppendixFiled Appellants' Appendix, Volume 25. (SC)20-20811
06/02/2020AppendixFiled Appellants' Appendix, Volume 26. (SC)20-20812
06/02/2020AppendixFiled Appellants' Appendix, Volume 27. (SC)20-20813
06/02/2020AppendixFiled Appellants' Appendix, Volume 28. (SC)20-20814
06/02/2020AppendixFiled Appellants' Appendix, Volume 29. (SC).20-20815
06/02/2020AppendixFiled Appellants' Appendix, Volume 30. (SC).20-20816
06/02/2020AppendixFiled Appellants' Appendix, Volume 31. (SC).20-20817
06/02/2020AppendixFiled Appellants' Appendix, Volume 32. (SC).20-20820
06/02/2020AppendixFiled Appellants' Appendix, Volume 33. (SC).20-20821
06/02/2020AppendixFiled Appellants' Appendix, Volume 34. (SC).20-20822
06/02/2020AppendixFiled Appellants' Appendix, Volume 35. (SC).20-20823
06/02/2020AppendixFiled Appellants' Appendix, Volume 36. (SC).20-20824
06/02/2020AppendixFiled Appellants' Appendix, Volume 37. (SC).20-20825
06/02/2020AppendixFiled Appellants' Appendix, Volume 38. (SC).20-20826
06/02/2020AppendixFiled Appellants' Appendix, Volume 39. (SC).20-20827
06/02/2020AppendixFiled Appellants' Appendix, Volume 40. (SC).20-20828
06/02/2020AppendixFiled Appellants' Appendix, Volume 41. (SC).20-20829
06/02/2020AppendixFiled Appellants' Appendix, Volume 42. (SC).20-20830
06/02/2020AppendixFiled Appellants' Appendix, Volume 43. (SC).20-20831
06/02/2020AppendixFiled Appellants' Appendix, Volume 44. (SC).20-20832
06/02/2020AppendixFiled Appellants' Appendix, Volume 45. (SC).20-20833
06/02/2020AppendixFiled Appellants' Appendix, Volume 46. (SC).20-20834
06/02/2020AppendixFiled Appellants' Appendix, Volume 47. (SC).20-20835
06/02/2020AppendixFiled Appellants' Appendix, Volume 48. (SC).20-20838
06/02/2020AppendixFiled Appellants' Appendix, Volume 49. (SC).20-20839
06/02/2020AppendixFiled Appellants' Appendix, Volume 50. (SC).20-20840
06/02/2020AppendixFiled Appellants' Appendix, Volume 51. (SC).20-20841
06/02/2020AppendixFiled Appellants' Appendix, Volume 52. (SC).20-20842
06/02/2020AppendixFiled Appellants' Appendix, Volume 53. (SC).20-20843
06/02/2020AppendixFiled Appellants' Appendix, Volume 54. (SC).20-20844
06/02/2020AppendixFiled Appellants' Appendix, Volume 55. (SC).20-20845
06/02/2020AppendixFiled Appellants' Appendix, Volume 56. (SC).20-20846
06/02/2020AppendixFiled Appellants' Appendix, Volume 57. (SC).20-20847
06/04/2020Notice/IncomingFiled Certificate of Service for Appellants' Appendix. (SC)20-20939
06/05/2020MotionFiled Appellants' Motion for Extension of Time to File Opening Brief (Third Request). (SC)20-21311
06/08/2020MotionFiled Respondent's Opposition to Motion for Extension of Time to File Appellants' Opening Brief (Third Request). (SC)20-21376
06/15/2020Order/ProceduralFiled Order Granting Motion. Appellants' Opening Brief due: July 6, 2020. (SC).20-22157
07/06/2020MotionFiled Appellants' Motion for Extension of Time to File Appellants' Opening Brief (Fourth Request). (SC).20-24888
07/10/2020MotionFiled Appellants' Supplement to Motion for Extension of Time to File Opening Brief (Fourth Request). (SC)20-25453
07/10/2020Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief due: July 13, 2020. (SC)20-25503
07/13/2020BriefFiled Appellants' Opening Brief. (SC)20-25805
07/14/2020BriefFiled Appellants' Amended Opening Brief. (SC)20-25912
08/05/2020Notice/OutgoingIssued Notice of Justice No Longer Disqualified. Upon further review, Justice Hardesty is no longer disqualified and will be participating in the decision of this appeal. (SC).20-28613
08/06/2020Order/ProceduralFiled Notice of Voluntary Disclosure. You are hereby notified that the law firm of Robison, Sharp, Sullivan & Brust previously represented me (Justice Hardesty) in an unrelated matter for which I do not believe disqualification is required. The undersigned makes this disclosure, however, so that any party who believes disqualification is appropriate may file a timely motion to disqualify pursuant to NRAP 35. Any motion to disqualify must be made in writing within seven (7) days of the filing date of this voluntary disclosure. (SC)20-28957
08/11/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's Answering Brief Due: August 26, 2020. (SC)20-29476
08/26/2020BriefFiled Respondent's Answering Brief (REJECTED PER NOTICE ISSUED 08/27/20). (SC)
08/27/2020Notice/OutgoingIssued Notice of Deficient Brief. Corrected brief due: 5 days.20-31692
08/27/2020BriefFiled Respondent's Amended Answering Brief. (SC)20-31742
08/27/2020AppendixFiled Respondent's Amended Appendix - Volume 1. (SC)20-31744
09/28/2020MotionFiled Appellants' Motion to Strike Respondent's Amended Appendix and Respondent's Amended Answering Brief and Motion to Stay Briefing. (SC)20-35621
10/05/2020MotionFiled Respondent's Opposition to Appellants' Motion to Strike Respondent's Amended Appendix and Respondent's Amended Answering Brief and Motion to Stay Briefing. (SC)20-36545
10/12/2020MotionFiled Appellants' Reply in Support of Motion to Strike Respondent's Amended Appendix and Respondent's Amended Answering Brief and Reply in Support of Motion to Stay Briefing. (SC)20-37427
10/14/2020Order/ProceduralFiled Order Denying Motion. Appellants have filed a motion to strike respondents' amended appendix and to either strike or disregard the argument referencing the documents in the appendix. The motion is denied without prejudice to this court's right to reconsider the relevance of the documents and arguments as this appeal progresses. Appellants shall have 30 days from the date of this order to file a reply brief if deemed necessary. Appellants' request to stay the briefing schedule is denied as moot. (SC)20-37654
11/13/2020MotionFiled Motion for Extension of Time to File Appellants' Reply Brief (First Request). (SC).20-41616
11/17/2020MotionFiled Respondent's Opposition to Motion for Extension of Time to File Appellants' Reply Brief (First Request). (SC).20-41782
11/18/2020Order/ProceduralFiled Order Granting Motion in Part. Appellant's reply brief due: 14 days. (SC)20-42042
12/02/2020MotionFiled Appellants' Motion for Extension of Time to File Reply Brief (Second Request). (SC)20-43709
12/03/2020MotionFiled Respondent's Opposition to Motion for Extension of Time to File Appellants' Reply Brief (Second Request). (SC)20-43755
12/03/2020MotionFiled Respondent's Supplement to Opposition to Motion for Extension of Time to File Appellants' Reply Brief (Second Request). (SC)20-43826
12/10/2020MotionFiled Reply in Support of Motion for Extension of Time to File Appellants' Reply Brief (Second Request). (SC)20-44978
12/11/2020Order/ProceduralFiled Order Granting in Part and Denying in Part Motion for Extension of Time. Appellants shall have until Monday, December 14, 2020, within which to file their reply brief. If they do not do so, the matter will be submitted without a reply. (SC)20-45018
12/14/2020BriefFiled Appellants' Reply Brief. (SC)20-45297
12/15/2020Case Status UpdateBriefing Completed/To Screening. (SC)
05/05/2021Notice/IncomingFiled Notice of Withdrawal of Co-Counsel of Record (Michael Lehners). (SC)21-12901
05/13/2021Order/ProceduralFiled Order. The clerk of this court shall remove Michael Lehners as counsel of record for Morabito and Bayuk. The Claggett & Sykes Law Firm; Hartman & Hartman; and Robison, Sharp, Sullivan & Brust shall continue to represent these appellants. (SC)21-13729
05/24/2021Order/ProceduralFiled Notice of Voluntary Disclosure for Justice Silver. Any party who believes disqualification is appropriate shall have 7 days from the date of this order to file a motion for disqualification based on my disclosure. (SC)21-14775
06/04/2021Order/ProceduralFiled Order Submitting for Decision Without Oral Argument. (SC)21-16033
09/16/2021Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. Author: Hardesty, C.J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Silver/Pickering/Herndon. 137 Nev. Adv. Opn. No. 43. En Banc. (SC).21-26856
09/28/2021Post-Judgment PetitionFiled Appellants' Petition for Rehearing. (SC)21-27933
09/28/2021Post-Judgment PetitionFiled Appellants' Petition for Rehearing (REJECTED/DUPLICATE). (SC)
09/28/2021Filing FeeFiling fee paid. E-Payment $150.00 from Micah S. Echols. (SC)
09/28/2021Filing FeeFiling fee paid. E-Payment $150.00 from Micah S. Echols (Duplicate payment). (SC)
10/11/2021Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC)21-28998
10/14/2021MotionFiled Appellants' Motion to Stay Issuance of Remittitur. (SC)21-29538
10/21/2021Order/ProceduralFiled Order Granting Motion to Stay Issuance of Remittitur. (THIS ORDER VACATED PER ORDER FILED 10/21/21 (doc no. 21-30388).21-30304
10/21/2021MotionFiled Respondent's Opposition to Appellants' Motion to Stay Issuance of Remittitur. (SC)21-30371
10/21/2021Order/ProceduralFiled Order Vacating Order. Appellants filed a motion to stay issuance of the remittitur on October 14, 2021. This court issued an order on October 21, 2021, granting the motion. On that same date, respondent filed a timely opposition to the motion to stay issuance of the remittitur. Accordingly, this court hereby vacates the October 21, 2021, order granting the motion to stay issuance of the remittitur. Appellants shall have 7 days from the date of this order to file and serve a reply to the opposition to the motion to stay issuance of the remittitur. Issuance of the remittitur shall remain stayed pending resolution of the instant motion. (SC)21-30388
10/28/2021MotionFiled Appellants' Reply in Support of Appellants' Motion to Stay Issuance of Remittitur. (SC)21-31216
10/31/2021Notice/IncomingFiled Respondent's Notice of Filing Letter Received from Edward Bayuk, Individually and as Trustee of the Edward William Bayuk Living Trustee. (STRICKEN PER ORDER 11/19/21). (SC)
11/01/2021MotionFiled Appellants' Response to Notice of Filing Letter Received from Edward Bayuk. (SC)21-31321
11/19/2021Order/ProceduralFiled Order Regarding Remittitur. Having considered the arguments of the parties, this court grants the motion to stay the remittitur in part. Appellants shall have 30 days from the date of this order to file a writ petition in the United States Supreme Court. Thereafter, the stay of the remittitur will continue on the condition that the writ is filed and appellants post a supersedeas bond in the sum of $23 million within 30 days of written confirmation from the clerk of the United States Supreme Court to this court that the writ petition has been filed. NRAP 41(3)(c). If appellants do file a petition, the stay will continue in effect until final disposition of the certiorari proceedings. Failure to file the writ petition will result in the immediate issuance of the remittitur. The motion to strike the "Notice of Filing of Letter" is granted. The clerk of this court shall strike the notice filed on October 31, 2021. (SC)21-33414
01/05/2022RemittiturIssued Remittitur. (SC)22-00349
01/05/2022Case Status UpdateRemittitur Issued/Case Closed. (SC)
01/25/2022RemittiturFiled Remittitur. Received by District Court Clerk on January 7, 2022. (SC)22-00349