83261: Case View

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Case Information: 83261
Short Caption:	LINCICOME, JR. VS. SABLES, LLC	Court:	Supreme Court
		Related Case(s):	79152, 79152-COA, 84238, 86324
Lower Court Case(s):	Lyon Co. - Third Judicial District - 18-CV-01332	Classification:	Civil Appeal - General - Other
Disqualifications:	Lee	Case Status:	Remittitur Issued/Case Closed
Replacement:	None for Justice Lee	Panel Assigned:	En Banc
To SP/Judge:	08/03/2021 / Levitt, Lansford	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:	10/14/2022	How Submitted:	On Briefs

+ Party Information
Role	Party Name	Represented By
Appellant	Albert Ellis Lincicome, Jr.	Justin M. Clouser (Clouser Hempen Wasick Law Group, Ltd.) Michael G. Millward (Millward Law, Ltd.)
Appellant	Vicenta Lincicome	Justin M. Clouser (Clouser Hempen Wasick Law Group, Ltd.) Michael G. Millward (Millward Law, Ltd.)
Respondent	1900 Capital Trust II, By U.S. Bank Trust National Association	Darren T. Brenner (Wright, Finlay & Zak, LLP/Las Vegas) Ramir M. Hernandez (Wright, Finlay & Zak, LLP/Las Vegas)
Respondent	Bank of America, N.A.	Scott R. Lachman (Akerman LLP/Las Vegas) Paige Leslie Anne Magaster (Akerman LLP/Las Vegas) Melanie D. Morgan (Akerman LLP/Las Vegas)
Respondent	Fay Servicing, LLC	Darren T. Brenner (Wright, Finlay & Zak, LLP/Las Vegas) Ramir M. Hernandez (Wright, Finlay & Zak, LLP/Las Vegas)
Respondent	MCM-2018-NPL2	Darren T. Brenner (Wright, Finlay & Zak, LLP/Las Vegas) Ramir M. Hernandez (Wright, Finlay & Zak, LLP/Las Vegas)
Respondent	Newrez LLC	Darren T. Brenner (Wright, Finlay & Zak, LLP/Las Vegas) Ramir M. Hernandez (Wright, Finlay & Zak, LLP/Las Vegas)
Respondent	Prof-2013-M4 Legal Title Trust	Darren T. Brenner (Wright, Finlay & Zak, LLP/Las Vegas) Ramir M. Hernandez (Wright, Finlay & Zak, LLP/Las Vegas)
Respondent	Sables, LLC	Shadd A. Wade (ZBS Law, LLP)
Respondent	U.S. Bank, National Association	Darren T. Brenner (Wright, Finlay & Zak, LLP/Las Vegas) Ramir M. Hernandez (Wright, Finlay & Zak, LLP/Las Vegas)

Docket Entries
Date	Type	Description	Pending?	Document
07/23/2021	Filing Fee	Filing Fee Paid. $250.00 from Millward Law. Check no. 1654. (SC)
07/23/2021	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)		21-21365
07/23/2021	Notice/Outgoing	Issued Notice to File Case Appeal Statement/Civil. Due date: 10 days. (SC)		21-21371
07/23/2021	Notice/Outgoing	Issued 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)		21-21374
07/26/2021	Notice/Incoming	Filed Notice of Appearance (Melanie D. Morgan and Scott R. Lachman of Akerman LLP file this notice of appearance for Respondent Bank of America, N.A.). (SC)		21-21626
07/30/2021	Notice of Appeal Documents	Filed Case Appeal Statement. (SC)		21-22211
08/03/2021	Notice/Outgoing	Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. (SC)		21-22493
08/03/2021	Settlement Notice	Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. (SC)		21-22567
08/14/2021	Docketing Statement	Filed Docketing Statement Civil Appeals (REJECTED PER NOTICE ISSUED 08/16/21). (SC)
08/16/2021	Notice/Outgoing	Issued Notice of Rejection of Filed Document. Docketing Statement Civil Appeals. (SC)		21-23742
08/16/2021	Notice/Outgoing	Issued Notice to Provide Proof of Service on Settlement Judge. Docketing Statement Civil Appeals. (SC)		21-23746
08/17/2021	Motion	Filed Appellants' Motion to Extend Time (Docketing Statement Civil Appeals). (DETACHED DOCKETING STATEMENT AND FILED SEPARAETLY PER ORDER 8/18/21). (SC)		21-23994
08/17/2021	Notice/Incoming	Filed Proof of Service (Docketing Statement Civil Appeals). (SC)		21-24011
08/18/2021	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall detach the docketing statement from the motion filed on August 17, 2021, and file it. (SC)		21-24056
08/18/2021	Docketing Statement	Filed Docketing Statement. (SC)		21-24059
08/30/2021	Notice/Incoming	Filed Notice of Appearance (Paige Magaster of the law firm of Akerman LLP files this notice of appearance for respondent Bank of America, N.A.). (SC)		21-25106
09/08/2021	Notice/Incoming	Filed Notice of Appearance (John T. Steffen, Esq. and Brenoch R. Wirthlin, Esq., of Hutchison & Steffen, PLLC and Casey J. Nelson, Esq. of Wedgewood, LLC, file this notice of appearance for respondent Breckenridge Property Fund 2016, LLC). (SC)		21-26087
09/14/2021	Settlement Program Report	Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC)		21-26491
09/23/2021	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC)		21-27509
10/06/2021	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 11/20/18, 04/15/19 and 02/04/20. To Court Reporter: None listed (REJECTED PER NOTICE ISSUED). (SC)
10/06/2021	Notice/Outgoing	Issued Notice of Deficient Transcript Request. (SC)		21-28734
10/07/2021	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 11/20/18, 04/15/19 and 02/04/20. To Court Reporter: Capitol Reporters. (SC)		21-28869
10/27/2021	Transcript	Filed Notice from Court Reporter. Michel Loomis stating that the requested transcripts were delivered. Dates of transcripts: 11/20/18, 4/15/19, and 2/4/20. (SC)		21-31008
12/22/2021	Motion	Filed Respondent Breckenridge Property Fund 2016, LLC's Motion to Dismiss Appeal. (SC)		21-36523
12/23/2021	Brief	Filed Appellants' Opening Brief. (REJECTED PER NOTIE ISSUED 12/28/21) (SC)
12/23/2021	Appendix	Filed Appendix to Opening Brief, Volume 1-6. (REJECTED PER NOTICE ISSUED 12/28/21) (SC)
12/24/2021	Appendix	Filed Appendix to Opening Brief, Volume 9-13. (REJECTED PER NOTICE ISSUED 12/28/21) (SC)
12/24/2021	Appendix	Filed Appendix to Opening Brief, Volume 14-18. (REJECTED PER NOTICE ISSUED 12/28/21) (SC)
12/24/2021	Appendix	Filed Appendix to Opening Brief, Volume 7-8. (REJECTED PER NOTICE ISSUED 12/28/21) (SC)
12/28/2021	Notice/Outgoing	Issued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (SC)		21-36761
12/29/2021	Motion	Filed Bank of America, N.A.'s Limited Opposition to Breckenridge Property Fund 2016, LLC's Motion to Dismiss Appeal. (SC)		21-37126
12/29/2021	Motion	Filed Motion to Extend Time for Filing Appellants' Opening Brief and Appendix. (SC)		21-37146
12/29/2021	Brief	Filed Appellants' Opening Brief. (STRICKEN PER ORDER FILED 1/19/22). (SC)
12/29/2021	Appendix	Filed Appendix to Appellants' Opening Brief, Vols. 1-6. (SC)		21-37148
12/29/2021	Appendix	Filed Appendix to Appellants' Opening Brief, Vols. 7-10. (SC)		21-37149
12/29/2021	Appendix	Filed Appendix to Appellants' Opening Brief, Vols. 16-18. (SC)		21-37150
12/29/2021	Motion	Filed Appellants' Opposition to Breckenridge's Motion to Dismiss Appeal. (REJECTED PER NOTICE ISSUED 12/30/21) (SC)
12/30/2021	Notice/Outgoing	Issued Notice of Rejection of Filed Document. (SC)		21-37170
12/30/2021	Notice/Incoming	Filed U.S. Bank Trust, Shellpoint, and Fay's Joinder to Bank of America's Limited Opposition to Breckenridge Property Fund 2016, LLC's Motion to Dismiss Appeal. (SC)		21-37210
12/30/2021	Motion	Filed Appellants' Opposition to Breckenridge's Motion to Dismiss Appeal. (SC)		21-37215
12/30/2021	Appendix	Filed Appellants' Opening Appendix, Vol. 11-15. (SC)		21-37236
12/31/2021	Motion	Filed Respondent Breckenridge Property Fund 2016, LLC's Omnibus Reply in Support of Motion to Dismiss Appeal. (SC)		21-37278
01/19/2022	Order/Procedural	Filed Order Partially Dismissing Appeal. Breckenridge's motion to dismiss is granted, and this appeal is dismissed as it relates to Breckenridge Property Fund 2016, LLC. This appeal may proceed as to the remaining respondents. The opening brief and appendix were filed on December 29 and 30, 2021. The clerk of this court shall strike the opening brief filed on December 29, 2021. Appellants shall have 14 days from the date of this order to file an opening brief that complies with this court's formatting rules and this order. (SC)		22-01881
02/02/2022	Brief	Filed Appellants' Opening Brief. (SC)		22-03617
02/02/2022	Appendix	Filed Appellants' Opening Brief, Vols. 1-6. (SC)		22-03618
02/02/2022	Appendix	Filed Appellants' Opening Brief, Vols. 7-10. (SC)		22-03619
02/02/2022	Appendix	Filed Appendix to Appellants' Opening Brief, Vols. 11-14. (SC)		22-03620
02/02/2022	Appendix	Filed Appendix to Appellants' Opening Brief, Vols. 15-18. (SC)		22-03621
02/23/2022	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondents who are represented by Wright Finlay & Zak, LLP and Akerman LLP's answering brief due: March 18, 2022. (SC)		22-05911
03/02/2022	Brief	Filed Respondent Sables, LLC's Answering Brief. (SC)		22-06696
03/15/2022	Motion	Filed Respondent Bank of America's Motion to Extend Time to File Answering Brief (First Motion). (SC)		22-08309
03/16/2022	Notice/Incoming	Filed Joinder to Bank of America, N.A.'s Motion to Extend Time to Filing Answering Brief (First Motion). (SC)		22-08443
03/29/2022	Order/Procedural	Filed Order Denying Motion. Respondent Bank of America has filed a motion for a second extension of time to file the answering brief. The remaining respondents, with the exception of Sables, LLC, have filed a joinder to the motion. The motion is denied. Respondents' answering brief due: 7 days. (SC)		22-09727
03/31/2022	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's reply brief to respondent Sables, LLC's answering brief due: April 15, 2022. (SC)		22-10040
04/05/2022	Brief	Filed Respondents' Prof-2013 M4-Legal Title Trust, by U.S. Bank, National Association, as Legal Title Trustee, Fay Servicing LLC, and Shellpoint Mortgage Servicing, LLC's Answering Brief. (SC)		22-10547
04/05/2022	Brief	Filed Respondent's (Bank of America, N.A.) Answering Brief. (SC)		22-10665
04/15/2022	Brief	Filed Appellants' Reply Brief to Sables, LLC Answering Brief. (SC)		22-12051
04/27/2022	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellants' Reply Briefs due: May 19, 2022. (SC)		22-13303
05/19/2022	Brief	Filed Appellants' Reply Brief to Bank of America; Prof-2013 M4-Legal Title Trust, by U.S. Bank, National Association, as Legal Title Trustee, Fay Servicing LLC, and Shellpoint Mortgage Servicing, LLC's . (SC)		22-15976
05/23/2022	Case Status Update	Briefing Completed/To Screening. (SC)
10/14/2022	Order/Procedural	Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. (SC)		22-32397
12/27/2022	Other	Justice Patricia Lee disqualified from participation in this matter. Disqualification Reason: Law Firms
12/29/2022	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn3 [The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.] NNP22 - EC/KP/MG. (SC)		22-40822
01/17/2023	Post-Judgment Petition	Filed Appellants' Petition for Rehearing. (SC)		23-01609
01/17/2023	Filing Fee	Filing fee paid. E-Payment $150.00 from Michael G. Millward. (SC)
01/31/2023	Order/Procedural	Filed Order/Answer Rehearing. Order/Answer Rehearing. Answer due: 14 days. (SC)		23-02928
02/01/2023	Motion	Filed Respondents' Joint Motion to Extend Time to File Response to Petition for Rehearing. (First Motion)(SC)		23-03135
02/02/2023	Notice/Incoming	Filed Respondent's (Breckenridge Property Fund 2016, LLC) Notice of Appearance for Robert E. Werbicky. (SC)		23-03220
02/03/2023	Order/Procedural	Filed Order Granting Motion. Respondents Prof-2013-M4 Legal Title Trust by U.S. Bank, N.A.; NewRez, LLC d/b/a Shellpoint Mortgage Servicing, LLC; Fay Servicing, LLC; and Bank of America, N.A. have filed a joint motion for an extension of time to file an answer to appellants' petition for rehearing. Cause appearing, the motion is granted. These respondents shall have until March 14, 2023, to file an serve their answers to the petition for rehearing. (SC)		23-03375
03/14/2023	Post-Judgment Petition	Filed Respondents' (Prof-2013 M4-Legal Title Trust, National Association, Fay Servicing and NewRez Shellpoint Mortgage) Answer to Petition for Rehearing. (REJECTED PER NOTICE ISSUED 3/14/23) (SC)
03/14/2023	Notice/Outgoing	Issued Notice of Rejection of Deficient Answer to Petition. Due date: 5 days. (SC)		23-07861
03/14/2023	Notice/Incoming	Filed Respondent's (Bank of America, N.A.) Joinder to Answer to Petition for Rehearing. (SC)		23-07865
03/16/2023	Post-Judgment Petition	Filed Respondents' (Prof-2013 M4-Legal Title Trust, National Association, Fay Servicing and NewRez Shellpoint Mortgage) Answer to Petition for Rehearing. (REJECTED PER NOTICE ISSUED 3/14/23) (SC)
03/16/2023	Notice/Outgoing	Issued Notice of Rejection of Deficient Answer to Petition. Due date: 5 days. (SC)		23-08101
03/16/2023	Post-Judgment Petition	Filed Respondents' (Prof-2013 M4-Legal Title Trust, National Association, Fay Servicing and NewRez Shellpoint Mortgage) Answer to Petition for Rehearing. (SC)		23-08105
03/20/2023	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). EC/KP/MG. (SC)		23-08458
04/03/2023	Post-Judgment Petition	Filed Appellant's Petition for En Banc Reconsideration. (SC)		23-10193
04/14/2023	Post-Judgment Order	Filed 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)		23-11566
05/09/2023	Remittitur	Issued Remittitur. (SC).		23-14616
05/09/2023	Case Status Update	Remittitur Issued/Case Closed. (SC).
06/12/2023	Remittitur	Filed Remittitur. Received by County Clerk on May 19, 2023. (SC)		23-14616
09/09/2023	Brief	Filed Appellants' Opening Brief (REJECTED PER NOTICE FILED ON 9/11/2023). (SC)
09/11/2023	Notice/Outgoing	Issued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (SC)		23-29555

Combined Case View