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Case Information: 79460
Related Case(s):78358, 79663
Lower Court Case(s):Clark Co. - Eighth Judicial District - A789110Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:08/28/2019 / Kuzemka, KristineSP Status:Completed
Oral Argument:11/10/2020 at 10:00 AMOral Argument Location:Carson City
Submission Date:11/10/2020How Submitted:After Oral Argument

+ Party Information

Docket Entries
08/23/2019Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court. (SC)
08/23/2019Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)19-35373
08/23/2019Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (SC)19-35375
08/23/2019Notice/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)19-35378
08/23/2019Filing FeeFiling Fee Paid. $250.00 from Howard & Howard Attorneys. Check no. 8216. (SC)
08/28/2019Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Kristine M. Kuzemka. (SC).19-36056
09/10/2019Settlement Program ReportFiled ECAR/Other. The premediation conference has been scheduled for October 15, 2019, at 1:00 pm. (SC).19-37826
09/13/2019Docketing StatementFiled Docketing Statement Civil Appeals. (SC)19-38430
10/16/2019Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for October 22, 2019. (SC)19-42839
11/01/2019MotionFiled Joint Motion to Consolidate Case Nos. 78358, 79460, and 79663. (SC)19-45070
11/13/2019Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC).19-46523
11/14/2019Settlement Order/ProceduralFiled Order: No Settlement/Briefing Stayed. The parties were unable to agree to a settlement. The settlement proceedings are concluded. Briefing and the requesting of transcripts shall remain suspended pending further order of this court. (SC)19-46637
11/21/2019Order/ProceduralFiled Order Denying Motions to Consolidate and Reinstating Briefing in Docket No. 79460. The parties have filed joint motions to consolidate these appeals. This court declines to consolidate these matters at this time and denies the motions. However, these cases shall be designated as related on this court's docket to ensure that they are resolved in a consistent and efficient manner. Briefing in Docket No. 79460 is reinstated. Appellants shall have 14 days from the date of this order to file and serve a transcript request form. See NRAP 9(a). Further, appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix. Nos. 78358/79460/79663. (SC).19-47692
02/20/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's Opening Brief and Appendix due: March 4, 2020. (SC).20-06937
03/04/2020MotionFiled Motion to Extend Time to File Opening Brief and Appendix (First Request). (SC)20-08763
03/10/2020Order/ProceduralFiled Order. Appellants shall have until March 11, 2020, to file and serve the opening brief and appendix. (SC)20-09425
03/11/2020BriefFiled Appellants' Opening Brief. (SC)20-09745
03/11/2020AppendixFiled Joint Appendix Volume I. (SC)20-09746
03/12/2020AppendixFiled Joint Appendix Volume II. (SC)20-09747
03/12/2020AppendixFiled Joint Appendix Volume III. (SC)20-09748
03/12/2020AppendixFiled Joint Appendix Volume IV. (SC)20-09749
04/10/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's Answering Brief due: April 24, 2020. (SC).20-13632
04/24/2020BriefFiled Respondent's Answering Brief. (SC)20-15741
05/21/2020Notice/IncomingFiled Notice of Change of Address for Dickinson Wright PLLC. (SC)20-19443
05/22/2020Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: June 9, 2020. (SC).20-19517
05/29/2020MotionFiled Appellants' Emergency Motion Under NRAP 27(e) to Extend Time to File Reply Brief. (SC)20-20431
06/03/2020BriefFiled Reply in Support of Appellants' Emergency Motion Under NRAP 27(e) to Extend Time to File Reply Brief. (SC)20-20911
06/08/2020Order/ProceduralFiled Order Granting Motion. Appellant's motion requesting a second extension of time to file the reply brief is granted. Appellant shall have until July 9, 2020, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extraordinary and compelling circumstances. Failure to file a timely reply brief may be treated as a waiver of the right to file a reply brief. (SC)20-21422
07/09/2020BriefFiled Appellants' Reply Brief. (SC)20-25443
07/10/2020Case Status UpdateBriefing Completed/To Screening. (SC)
10/09/2020Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on November 10, 2020, at 10:00 a.m. The argument will be videoconferenced. The argument shall be limited to 30 minutes. The court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. 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 the attorney(s). The notice may be emailed to the court at The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC)20-37105
10/27/2020Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)20-39239
11/10/2020Case Status UpdateOral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. 79460. (NNP20-JH/EC/RP). (SC)
12/31/2020Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before Parraguirre/Hardesty/Cadish. Author: Cadish, J. Majority: Cadish/Parraguirre/Hardesty. 136 Nev. Adv. Opn. No. 87. NNP20-RP/JH/EC. (SC).20-46997
01/21/2021Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Petition for Rehearing due: February 2, 2021. (SC)21-01821
02/02/2021Post-Judgment PetitionFiled Appellants' Petition for Rehearing. (SC)21-03263
02/02/2021Filing FeeFiling fee paid. E-Payment $150.00 from Jonathan W. Fountain. (SC)
02/12/2021Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC)21-04273
02/26/2021Order/Clerk'sFiled Order Granting Telephonic Extension. Appellants' Petition for En Banc Reconsideration due: March 12, 2021. (SC)21-05834
03/12/2021Post-Judgment PetitionFiled Appellant's Petition for En Banc Reconsideration. (SC)21-07336
03/29/2021Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC (SC)21-08965
04/23/2021RemittiturIssued Remittitur. (SC)21-11705
04/23/2021Case Status UpdateRemittitur Issued/Case Closed. (SC)
05/07/2021RemittiturFiled Remittitur. Received by District Court Clerk on April 26, 2021. (SC)21-11705