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Case Information: 83392
Short Caption:NALDER VS. LEWISCourt:Supreme Court
Related Case(s):78085, 78243, 80965, 83881
Lower Court Case(s):Clark Co. - Eighth Judicial District - A772220Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:09/07/2021 / Mishel, PersiSP Status:Completed
Oral Argument:04/24/2023 at 1:30 PMOral Argument Location:Las Vegas
Submission Date:04/24/2023How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/18/2021Filing FeeFiling Fee due for Appeal. (SC)
08/18/2021Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)21-24144
08/18/2021Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (SC)21-24147
08/26/2021Filing FeeFiling Fee Paid. $250.00 from Thomas Christensen. E-Payment Ref. no. 21082662701545. (SC)
08/26/2021Notice/IncomingFiled Notice of Posting of Security Bond. (SC)21-24930
08/30/2021Notice/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. Docketing Statement mailed to counsel for appellant - due: 21 days. (SC)21-25185
09/01/2021Filing FeeFiling Fee due for Appeal. (Appellant Nalder) (SC)
09/01/2021Notice of Appeal DocumentsFiled Notice of Appeal. (Appellant Nalder) (SC)21-25512
09/01/2021Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (Appellant Nalder) (SC)21-25514
09/07/2021Filing FeeFiling Fee Paid. $250.00 from Stephens & Bywater Prof Corp. Check no. 7895. (Appellant Nalder) (SC)
09/07/2021Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Persi J. Mishel. (SC)21-25914
09/20/2021Docketing StatementFiled Docketing Statement Civil Appeals (Gary Lewis). (SC)21-27199
09/22/2021Docketing StatementFiled Docketing Statement Civil Appeals (Cheyenne Nalder). (SC)21-27439
10/04/2021Notice of Appeal DocumentsFiled Notice of Appeal. (Docketing statement mailed to counsel for appellant.) (Second NOA, Appellant Lewis) (SC)21-28411
10/06/2021Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. (SC)21-28637
10/07/2021Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (Resp./Cross-Appellant, Lewis) (SC)21-28777
10/07/2021Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (Appellant, Nalder) (SC)21-28779
10/07/2021Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (Resp./Cross-Appellant Lewis) (SC)21-28784
10/07/2021Notice/OutgoingIssued 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)21-28806
10/28/2021Settlement Order/ProceduralFiled Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Cheyenne Nalder and Gary Lewis shall each have 14 days from the date of this order to file and serve a transcript request form. Nalder shall have 90 days from the date of this order to file and serve the opening brief and appendix on appeal. Lewis and United Automobile Insurance Company (UAIC) shall have 30 days from service of Nalder's opening brief on appeal, to file and serve their answering briefs. Nalder shall have 30 days from service of Lewis's and UAIC's answering briefs to file and serve any reply brief. Lewis shall have 90 days from the date of this order to file a single opening brief on cross-appeal. UAIC shall have 30 days from service of Lewis's opening brief on cross-appeal, to file and serve their answering brief on cross-appeal. Lewis shall have 30 days from service of UAIC's answering brief to file and serve any reply brief on cross-appeal. (SC)21-31046
01/26/2022MotionFiled Respondent/Cross-Appellant's Motion to Extend to File Opening Brief and Appendix. (SC)22-02660
01/26/2022MotionFiled Appellant's Motion to Extend Time to File Opening Brief and Appendix. (SC)22-02668
02/03/2022Order/ProceduralFiled Order Granting Motions. Appellant Cheyenne Nalder and respondent/cross-appellant Gary Lewis have both filed motions for extensions of time of 90 days to file their opening briefs. The motions are granted to the following extent. Appellant and respondent/cross-appellant shall each have until April 25, 2022, to file and serve their opening brief on appeal and cross-appeal and appendix. Thereafter, briefing shall proceed as indicated in this court's October 28, 2021, order. (SC)22-03674
04/25/2022BriefFiled Appellant's Opening Brief. (SC)22-13090
04/25/2022AppendixFiled Joint Appendix. Vol. 1. (SC)22-13091
04/25/2022AppendixFiled Joint Appendix. Vol. 2. (SC)22-13092
04/25/2022AppendixFiled Joint Appendix. Vol. 3. (SC)22-13093
04/25/2022AppendixFiled Joint Appendix. Vol. 4. (SC)22-13094
04/25/2022AppendixFiled Joint Appendix. Vol. 5. (SC)22-13095
04/25/2022AppendixFiled Joint Appendix. Vol. 6. (SC)22-13096
04/25/2022AppendixFiled Joint Appendix. Vol. 7. (SC)22-13098
04/25/2022AppendixFiled Joint Appendix. Vol. 8. (SC)22-13099
04/25/2022AppendixFiled Joint Appendix. Vol. 10. (SC)22-13101
04/25/2022AppendixFiled Joint Appendix. Vol. 12. (SC)22-13100
04/25/2022AppendixFiled Joint Appendix. Vol. 13. (SC)22-13102
04/25/2022AppendixFiled Joint Appendix. Vol. 14. (SC)22-13103
04/25/2022AppendixFiled Joint Appendix. Vol. 15. (REJECTED PER NOTICE FILED ON 4/26/22) (SC)
04/25/2022AppendixFiled Joint Appendix. Vol. 16. (SC)22-13104
04/25/2022AppendixFiled Joint Appendix. Vol. 17. (SC)22-13105
04/25/2022AppendixFiled Respondent/Cross-Appellant's Appendix to Opening Brief. Vol. 1. (SC)22-13108
04/25/2022AppendixFiled Respondent/Cross-Appellant's Appendix to Opening Brief. Vol. 2. (SC)22-13109
04/25/2022BriefFiled Respondent/Cross-Appellant's Opening Brief. (SC)22-13110
04/26/2022AppendixFiled Joint Appendix. Vol. 9. (REJECTED PER NOTICE FILED ON 4/26/22) (SC)
04/26/2022AppendixFiled Joint Appendix. Vol. 11. (SC)22-13128
04/26/2022Notice/OutgoingIssued Notice of Rejection of Deficient Appendix. Corrected appendix due: 5 days. (SC)22-13135
04/26/2022Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 7 days. (SC)22-13138
04/28/2022Notice/IncomingFiled Respondent/Cross-Appellant's Certificate of Service for Opening Brief. (SC)22-13529
05/02/2022AppendixFiled Joint Appendix. Vol. 9A. (SC)22-13777
05/02/2022AppendixFiled Joint Appendix. Vol. 9B. (SC)22-13778
05/02/2022AppendixFiled Joint Appendix. Vol. 9C. (SC)22-13779
05/02/2022AppendixFiled Joint Appendix. Vol. 15A. (SC)22-13780
05/02/2022AppendixFiled Joint Appendix. Vol. 15B. (SC)22-13781
05/02/2022AppendixFiled Joint Appendix. Vol. 15C. (SC)22-13782
05/25/2022MotionFiled Stipulation for Extension to File Responding Briefs. (SC)22-16641
05/31/2022Order/ProceduralFiled Order Granting Motion and to File Documents. Respondent/cross-appellant Gary Lewis and respondent/cross-respondent United Automobile Insurance Company (UAIC) shall each have until June 27, 2022, to file and serve an answering brief to appellant Cheyenne Nalder's opening brief. UAIC shall have until June 27, 2022, to file and serve an answering brief to Lewis's opening brief on cross-appeal. Nalder and Lewis shall each have 7 days from the date of this order to file and serve the transcript request forms. (SC)22-17157
05/31/2022Transcript RequestFiled Respondent/Cross-Appellant's Certificate of No Transcript Request. (SC)22-17191
06/01/2022Transcript RequestFiled Certificate of No Transcript Request. (SC)22-17379
06/27/2022BriefFiled respondent/Cross-Appellant's (Gary Lewis) Answering Brief. (SC)22-20274
06/27/2022MotionFiled Cross-Respondent's Motion to Extend Time to File Answering Brief. (SC)22-20282
07/06/2022Order/ProceduralFiled Order Granting Motion. Respondent/cross-respondent's answering brief on appeal and cross-appeal due: July 27, 2022. (SC)22-21296
07/27/2022BriefFiled Cheyenne Nalder's Reply Brief to Gary Lewis' Answering Brief. (SC)22-23635
07/27/2022Notice/IncomingFiled Cross-Respondent United Automobile Ins. Co.'s Notice of Appearance for Adrienne Brantley-Lomeli. (SC)22-23672
07/27/2022BriefFiled Cross-Respondent United Automobile Insurance Company's Combined Answering Brief. (SC)22-23673
08/25/2022MotionFiled Stipulation for Extension of Time to file Briefs. (SC)22-26518
08/26/2022Order/ProceduralFiled Order Approving Stipulation. Appellant Cheyenne Nalder and respondent/cross-appellant Gary Lewis shall each have until September 26, 2022, to file and serve the reply briefs. (SC)22-26855
09/26/2022BriefFiled Appellant's (Cheyenne Nalder) Reply Brief to Answering Brief of United Automobile Insurance Company. (SC)22-30215
09/26/2022BriefFiled Respondent/Cross-Appellant's Reply Brief on Cross-Appeal. (SC)22-30228
09/27/2022Case Status UpdateBriefing Completed/To Screening. (SC)
01/03/2023Notice/IncomingFiled Cross-Respondent's Notice of Ninth Circuit Affirmance. (SC).23-00113
01/19/2023Notice/IncomingFiled Cross-Respondent's Notice of Denial of Ninth Circuit Rehearing. (SC)23-01872
02/15/2023MotionFiled Respondent/Cross-Appellant's Motion to Strike. (REJECTED PER NOTICE ISSUED 2/16/23)(SC)
02/16/2023Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)23-04765
02/16/2023MotionFiled Respondent/Cross-Appellant Motion for Excess Pages. (MOTION TO STRIKE DETACHED AND FILED PER 2/21/23 ORDER). (SC)23-04880
02/21/2023Order/ProceduralFiled Order Granting Motion. Respondent/cross-appellant Gary Lewis has filed a motion for leave to file a motion to strike in excess of the 10-page limit in NRAP 27(d)(2). The motion is granted. The clerk of this court shall detach the motion to strike from the motion for excess pages and shall file it separately. Appellant Cheyenne Nalder and respondent/cross-respondent United Automobile Insurance Company shall have 7 days from the date of this order to file a response to the motion to strike, if deemed necessary. (SC)23-05207
02/21/2023MotionFiled Respondent/Cross-Appellant's Motion to Strike. (SC)23-05209
02/28/2023MotionFiled Appellant's Response to Respondent/Cross-Appellant's Motion to Strike. (SC)23-06052
02/28/2023MotionFiled Cross-Respondent's Motion to Extend Time to File Opposition to Motion to Strike. (SC)23-06060
03/02/2023Notice/OutgoingIssued Notice - Motion Approved. (SC)23-06196
03/07/2023Notice/IncomingFiled Cross-Respondent's Notice of Substitution of Counsel for Thomas E. Winner to replace Matthew J. Douglas. (SC)23-06868
03/09/2023Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for April 24, 2023, at 1:30 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC)23-07248
03/14/2023MotionFiled Cross-Respondent's Opposition to Respondent/Cross-Appellant's Motion to Strike. (SC)23-07886
03/21/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent/cross-appellant's reply to cross-respondent's opposition to respondent/cross-appellant's motion to strike due: April 4, 2023. (SC)23-08727
03/23/2023Order/ProceduralFiled Order Denying Motion. Respondent/cross-appellant Gary Lewis has filed a motion to strike the documents on the ground that they are not properly part of the state district court record in the instant appeal and are irrelevant to the instant proceedings. Appellant Cheyenne Nalder has filed a joinder in the motion to strike, and UAIC has filed an opposition. This court denies the motion to strike and provisionally grants judicial notice. (SC)23-09074
04/04/2023Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)23-10239
04/07/2023MotionFiled Appellant's Motion to Allow Longer Time for Oral Argument. (SC)23-10614
04/10/2023MotionFiled Respondent/Cross-Appellant's Joinder to Motion to Allow Longer Time and Notice of Appearance for Oral Argument. (SC)23-10927
04/11/2023BriefFiled Cross-Respondent's Supplemental Authorities. (SC)23-10950
04/11/2023MotionFiled Cross-Respondent's Response to Motion for Longer Oral Argument. (SC)23-10984
04/11/2023Order/ProceduralFiled Order Granting Motion. This matter is scheduled for oral argument before the southern Nevada panel on April 24, 2023, at 1:30 p.m. Appellant has filed a motion to extend the time allotted for oral argument. Respondent/cross-appellant has joined the motion and respondent/cross-respondent has filed a response. The motion is granted. Oral argument shall be limited to 45 minutes. (SC)23-11082
04/11/2023Notice/IncomingFiled Cross-Respondent's Notice of Appearance for Oral Argument for Abraham G. Smith and Daniel F. Polsenberg. (SC)23-11159
04/12/2023Notice/IncomingFiled Appellant's Notice of Appearance for Oral Argument for David A. Stephens. (SC)23-11247
04/20/2023Notice/IncomingFiled Respondent/Cross-Appellant's Notice of Petition for Writ of Certiorari. (SC)23-12406
04/24/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the SNP. (SC).
06/27/2023Notice/IncomingFiled Cross-Respondent's Notice of Denial of Certiorari. (SC)23-20512
07/05/2023Notice/IncomingFiled Cross-Respondent's Amended Notice of Appearance. (SC)23-21442
08/18/2023Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP23 DH/PL/RP (SC)23-26980
09/01/2023MotionFiled Respondent/Cross-Appellant's Stipulation for Extension of Time to File Petitions for Rehearing. (SC)23-28802
09/08/2023Order/ProceduralFiled Order Approving Stipulation. The parties' stipulation to extend the time to file any petition for rehearing is approved. The parties shall have until November 6, 2023, to file and serve any petition for rehearing. If No petition for rehearing is filed within this time period, the clerk shall issue the remittitur. (SC)23-29520
11/06/2023MotionFiled Motion Cheyenne Nalder, Petition for Rehearing(REJECTED PER NOTICE ISSUED ON 11-07-2023)(missing $150 payment)(SC)
11/06/2023Post-Judgment PetitionFiled Respondent (Gary Lewis) Petition for Rehearing.(SC)23-36144
11/06/2023Filing FeeFiling fee paid. E-Payment $150.00 from E. Breen Arntz.(SC)
11/06/2023Post-Judgment PetitionFiled Cross-Appellant (Gary Lewis)Petition for Rehearing.(SC)23-36147
11/06/2023Filing FeeFiling fee paid. E-Payment $150.00 from Thomas Christensen.(SC)
11/07/2023Notice/OutgoingIssued Notice of Rejection of Deficient Petition for Rehearing. Due immediately .(SC)23-36202
11/07/2023Post-Judgment PetitionFiled Appellant (Cheyenne Nalder) Petition for Rehearing.(SC)23-36216
11/07/2023Filing FeeFiling fee paid. E-Payment $150.00 from David A. Stephens (SC)
11/17/2023Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing of the petitions filed on November 6, 2023, and November 7, 2023, denied." NRAP 40(c). SNP23-DH/PL/RP (SC)23-37532
12/01/2023Post-Judgment PetitionFiled Cheyenne Nalder's Petition for En Banc Reconsideration.(SC)23-39027
12/01/2023Post-Judgment PetitionFiled Respondent/Cross-Appellant Petition for En Banc Reconsideration(SC)23-39032
12/01/2023Post-Judgment PetitionFiled Respondent Gary Lewis's Petition for En Banc Reconsideration(SC)23-39033
12/18/2023Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petitions on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC (SC)23-40878
01/12/2024RemittiturIssued Remittitur. (SC)24-01253
01/12/2024Case Status UpdateRemittitur Issued/Case Closed (SC)
01/26/2024RemittiturFiled Remittitur. Received by District Court Clerk on 01/16/24. (SC)24-01253