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Case Information: 85907
Short Caption:STATE, COMM'R. OF INS. VS CHUR C/W 85668/85728Court:Supreme Court
Consolidated:85668*, 85728, 85907Related Case(s):78301, 81857, 84253, 84311, 85668, 85728, 87080, 87367
Lower Court Case(s):Clark Co. - Eighth Judicial District - A711535Classification:Civil Appeal - General - Other
Disqualifications:LeeCase Status:Briefing Suspended
Replacement:Panel Assigned: Panel
To SP/Judge:01/05/2023 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

+ Due Items

Docket Entries
DateTypeDescriptionPending?Document
01/04/2023Filing FeeFiling Fee Waived. State/County/Municipality. (SC)
01/04/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant) (SC)23-00147
01/04/2023Notice/OutgoingIssued Notice to File Case Appeal Statement/Civil. Due date: 7 days. (SC)23-00152
01/04/2023Notice/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)23-00160
01/04/2023OtherJustice Patricia Lee disqualified from participation in this matter. Disqualification Reason: Law Firms. (SC)
01/05/2023Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Lansford W. Levitt. (SC)23-00328
01/23/2023Order/ProceduralFiled Order. Appellants' case appeal statement due: 7 days. (SC)23-02170
01/25/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's docketing statement due: February 8, 2023. (SC)23-02439
01/30/2023Notice of Appeal DocumentsFiled Case Appeal Statement. (SC)23-02900
02/07/2023Settlement Program ReportFiled ECAR/Other. Continued to February 17, 2023, at 9:00 AM due to scheduling conflicts. Case Nos. 85668/85728/85907. (SC)23-03675
02/08/2023Docketing StatementFiled Appellant's Docketing Statement Civil Appeal. (SC)23-03987
03/01/2023Settlement Program ReportFiled ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. Case Nos. 85668/85728/85907. (SC)23-06087
03/08/2023Settlement 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)23-06996
03/22/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants transcript request form due: April 5, 2023. (SC)23-08852
04/05/2023Transcript RequestFiled Appellant's (The State of Nevada Commissioner of Insurance) Request for Transcript of Proceedings. Transcripts requested: 9/7/22. To Court Reporter: Brynn White. (SC)23-10465
04/10/2023TranscriptFiled Notice from Court Reporter. Brynn White stating that the requested transcripts were delivered. Dates of transcripts: 07/01/21. (SC)23-10912
04/17/2023Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/7/22. To Court Reporter: Brynn White. (SC)23-11769
05/10/2023Order/ProceduralFiled Order Amending Caption and to Show Cause. It appears that Uni-Ter Underwriting Management Corp., Uni-Ter Claims Services Corp., and U.S. Re Corporation are proper respondents to this appeal. Accordingly, the clerk of this court shall amend the caption in this appeal to conform with the caption on this order. Any objections to the caption as amended shall be made in writing within 14 days of the date of this order. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within 14 days from the date that appellants response is served. Briefing is suspended. (SC)23-14803
05/31/2023TranscriptFiled Notice from Court Reporter. stating that the requested transcripts were delivered. Dates of transcripts: 01/27/26, 02/25/16, 10/11/18, 07/11/19, 07/23/20, 08/26/20, 07/01/21, 09/02/21, 09/07/22. (SC).23-16964
06/01/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants response to order to show cause due: June 23, 2023. (SC)23-17126
06/09/2023Order/ProceduralFiled Order Consolidating Appeals. These appeals are hereby consolidated. Briefing in Docket No. 85728 is suspended. In Docket No. 85668, the opposition to the motion to dismiss remains due to be filed by June 16, 2023, and the response to the order to show cause remains due to be filed by June 23, 2023. In Docket No. 85907, the response to the order to show cause remains due to be filed by June 23, 2023. Nos 85668/85728/85907 (SC)23-18377
06/16/2023MotionFiled Appellant's Opposition to Motion to Dismiss. Nos. 85668/85728/85907. (SC)Y23-19199
06/16/2023AppendixFiled Appellant's Appendix (Exhibits) to Opposition to Motion to Dismiss. Nos. 85668/85728/85907. (SC)Y23-19211
06/21/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents represented by Lipson Neilson P.C. shall have until July 7, 2023, to file the reply to opposition to motion to dismiss. Nos. 85668/85728/85907. (SC)23-19710
06/23/2023MotionFiled Appellant's Response to Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)Y23-20025
06/23/2023MotionFiled Appellant's Response to Order to Show Cause. Nos. 85668/85728/85907. Nos. 85668/85728/85907. ( SC)Y23-20026
06/26/2023Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 7 days. Nos. 85668/85728/85907. (SC)23-20042
06/26/2023Notice/IncomingFiled Appellant's Certificate of Service for Response to Order to Show Cause and Response to Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)23-20125
07/07/2023MotionFiled Respondents' (Robert Chur, Steve Fogg, Mark Garber, Carol Harter, Robert Hurlbut, Barbara Lumpkin, Jeff Marshall and Eric Stickel) Reply to the Appellant's Response to Order to Show Cause. Nos. 85668/85728/85907. (SC)Y23-21694
07/07/2023AppendixFiled Respondents' (Robert Chur, Steve Fogg, Mark Garber, Carol Harter, Robert Hurlbut, B. Lumpkin, J. Marshall and E. Stickel) Appendix of Exhibits in Support of the Reply to the Appellant's Order to Show Cause. Nos. 85668/85728/85907. (SC)Y23-21695
07/07/2023MotionFiled Respondents' (Robert Chur, Steve Fogg, Mark Garber, Carol Harter, Robert Hurlbut, Barbara Lumpkin, Jeff Marshall and Eric Stickel) Reply in Support of the Motion to Dismiss Appeal. Nos.85668/85728/85907. (SC)Y23-21703
07/07/2023MotionFiled Respondents' ( U.S. Re Corporation, Uni-ter Claims Services Corporation, and Uni-ter Underwriting Management Corporation) Reply to Appellant's Response to Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)Y23-21798
07/07/2023AppendixFiled Respondents' (U.S. Re Corporation, Uni-ter Claims Services Corporation, and Uni-ter Underwriting Management Corporation) Appendix of Exhibits in Support of the Reply to Appellant's Response to Order Amending Caption and to Show Cause. Nos 85668/85728/85907. (SC)Y23-21799
07/21/2023MotionFiled Appellant's Motion for Leave to File a Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907 (SC)23-23356
07/31/2023MotionFiled Respondent's (U.S. Re Corp.) Motion for Extension of Time to File Response to Appellant's Motion for Leave to File a Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)23-24420
07/31/2023MotionFiled Respondent's (U.S. Re Corporation) Response to Appellant's Motion for Leave to File a Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)23-24422
10/12/2023Order/ProceduralFiled Order Granting Motion. The motion of the Commissioner of Insurance for the State of Nevada, as Receiver of Lewis and Clark LTC Risk Retention Group, INC. (Commissioner), for leave to file a response to the reply regarding this court's order amending caption and to show cause is granted. Commissioner shall have 14 days from the date of this order to file and serve a response. fn1[ U.S. Re Corporation's motion for an extension of time to file a response to Commissioner's motion is granted. NRAP 26(b)(1)(A). The response was filed on July 31, 2023.] Nos. 85668/85728/85907 (SC)23-33268
10/26/2023MotionFiled Appellant's Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. (Commissioner of Insurance for the State of Nevada, as Receiver of Lewis and Clark LTC Risk Retention Group, INC. ) Nos. 85668/85728/85907 (SC)Y23-35106
11/13/2023MotionFiled Respondent's (U.S. Re Corporation) Motion to Strike Appellant's Response to Respondent's Reply Regarding Order Amending Caption and to Show Cause. Nos. 85668/85728/85907. (SC)Y23-36897
11/20/2023Notice/IncomingFiled Notice of Appearance.(Robert E. Werbicky for Appellant's)Nos. 85668/85728/85907. (SC)23-37724
11/20/2023MotionFiled Appellant's Response to Respondent's Motion to Strike. Nos. 85668/85728/85907.(SC)Y23-37725
11/27/2023MotionFiled Respondent U.S. Re Corporation's Reply in Support of Motion to Strike. Nos. 85668/85728/85907 (SC)Y23-38394
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