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Case Information: 85915
Short Caption:MEI-GSR HOLDINGS, LLC VS. THOMASCourt:Supreme Court
Related Case(s):69184, 70498, 84143, 86092, 86985, 87243, 87303, 87566, 87567, 87685, 88043, 88044, 88065, 88227, 88444, 88562
Lower Court Case(s):Washoe Co. - Second Judicial District - CV1202222Classification:Civil Appeal - General - Other
Disqualifications:ParraguirreCase Status:Briefing in Progress
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:Exempt
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

+ Due Items

Docket Entries
DateTypeDescriptionPending?Document
01/05/2023Filing FeeFiling Fee due for appeal. (SC)
01/05/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)23-00364
01/05/2023Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)23-00366
01/05/2023Filing FeeE-Payment $250.00 from Jordan T. Smith. (SC)
01/06/2023Notice/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. Docketing Statement mailed to counsel for appellants - due: 21 days. (SC)23-00415
01/09/2023Settlement NoticeIssued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellants: 14 days transcript request form; 120 days opening brief. (SC)23-00570
01/10/2023Notice/IncomingFiled Respondents' Notice of Disassociation of Jonathan J. Tew and Change of Address for Briana Collings. (SC)23-00828
01/19/2023Filing FeeFiling Fee due for Cross-Appeal. (SC)
01/19/2023Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (SC)23-01859
01/19/2023Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (Cross-Appeal) (SC)23-01861
01/19/2023Filing FeeE-Payment $250.00 from Jarrad C. Miller. (SC)
01/23/2023Transcript RequestFiled Certificate of No Transcript Request. (SC)23-02183
01/27/2023Docketing StatementFiled Appellant/Cross-Respondent's Docketing Statement Civil Appeals. (SC).23-02785
02/03/2023Transcript RequestFiled Respondent/Cross-Appellant's Certificate of No Transcript Request. (SC).23-03374
02/09/2023Docketing StatementFiled Cross-Appellants' Docketing Statement. (SC)23-04104
05/09/2023MotionFiled Appellant/Cross-Respondent's Motion to Dismiss as Moot. (SC)23-14694
05/16/2023MotionFiled Respondent/Cross-Appellants' Opposition to Motion to Dismiss as Moot. (SC)23-15541
05/16/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Opposition to Motion to Dismiss as Moot. Vol 1 of 2. (SC)23-15542
05/16/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Opposition to Motion to Dismiss as Moot. Vol 2 of 2. (SC)23-15543
05/17/2023Notice/OutgoingIssued Notice to Provide Proof of Service for Appendix to Opposition to Motion. Due date: 7 days. (SC)23-15582
05/17/2023Notice/IncomingFiled Respondent/Cross-Appellants' Proof of Services for Appendix to Opposition to Motion to Dismiss as Moot. Vols 1 & 2. (SC)23-15642
05/23/2023MotionFiled Appellant/Cross-Respondent's Reply in Support of Motion to Dismiss as Moot. (SC)23-16278
06/01/2023OtherJustice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal
06/28/2023Order/ProceduralFiled Order Suspending Briefing. On May 8, 2023, this court entered an order in Docket No. 86092 directing the parties to brief certain jurisdictional issues raised by entry of the judgment. It appears those issues also bear on the issues raised by the parties in the instant matter. Accordingly, this court defers ruling on the motion to dismiss and suspends the briefing schedule in this matter pending this court's resolution of the jurisdictional issues in Docket No. 86092. (SC)23-20645
11/16/2023Order/ProceduralFiled Order to Show Cause. In Docket No. 86092, when our preliminary review of the documents before this court revealed potential jurisdictional defects, we directed appellants and cross-appellants to show cause why the appeal and cross-appeal should not be dismissed for lack of jurisdiction. the parties shall have 14 days from the date of this order within which to seek from the district court, and provide to this court, an amended NRCP 54(b) certification reflecting the district court's express determination that there is no just reason for delay and that expressly directs entry of final judgment. The deadline for requesting transcripts and the briefing schedules in these appeals shall remain suspended, or alternatively shall be suspended, as applicable, pending further order of this court. We defer ruling on the pending motions in each appeal. Nos. 85915/86092/86985/87243/87303/87566/87567. NNP23-EC/KP/LB (SC)23-37311
11/28/2023MotionFiled Respondent/Cross-Appellants' Response to Order to Show Cause. (SC)23-38524
11/28/2023MotionFiled Appellant/Cross-Respondents' Motion to Set Aside or Strike NRCP 54(b) Certification of Amended Final Judgment and Appellants' Response to November 16, 2023 Order to Show Cause. (SC)23-38550
12/05/2023MotionFiled Respondent/Cross-Appellants' Opposition to Motion to Set Aside or Strike NRCP 54(b) Certification of Amended Final Judgment. (SC)23-39447
12/05/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Opposition to Motion to Set Aside or Strike NRCP 54(b) Certification of Amended Final Judgment. (SC)23-39448
12/06/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellants/cross-respondents' reply to the opposition filed on December 5, 2023 due: December 26, 2023. (SC)23-39598
12/26/2023MotionFiled Appellant/Cross-Respondents' Reply in Support of Motion to Set Aside or Strike NRCP 54(b) Certification of Amended Final Judgment and Appellants' Response to November 16, 2023 Order to Show Cause. (SC)23-41902
12/29/2023Order/ProceduralFiled Order Resolving Motions, Dismissing and Consolidating Appeals, and Reinstating Briefing. We deny appellants' motion to set aside or strike the certification. In light of this conclusion, we resolve the remaining pending matters and reinstate briefing as follows. Docket No. 85915: We deny the motion to dismiss the appeal and cross-appeal in Docket No. 85915. Docket No. 86092: We deny as moot appellants' emergency motion for stay. In light of this order, we vacate our May 8, 2023, temporary stay. Docket No. 86985: we dismiss these appeals and deny as moot the emergency motion for stay filed in Docket No. 87243. Docket No. 87566: we lack jurisdiction over these appeals. Docket Nos. 87303, 87567, and 87685: these appeals are dismissed for lack of jurisdiction. Appellants have filed a motion to consolidate the appeals, to which cross-appellants have filed a partial joinder. The motion is granted to the following extent. The appeals in Docket Nos. 86092 and 86985 are hereby consolidated. NRAP 3(b). Briefing is reinstated in all three appeals. Cross-appellants shall have 14 days from the date of this order to file and serve a transcript request form or certificate of no transcript request in Docket Nos. 86092/86985. See NRAP 9(a). Appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix in Docket No. 85915 and the opening brief and appendix in Docket Nos. 86092/86985. Nos. 85915/86092/86985/87243/87303/87566/87567/8768523-42339
01/16/2024MotionFiled Appellant/Cross-Respondents' Motion for Reconsideration of 12/29/23 order under NRAP 27(b). (Appellants' Petition for Rehearing of December 29, 2023 Order). (SC)24-01672
01/16/2024Filing FeeFiling fee paid. E-Payment $150.00 from Jordan T. Smith. (SC)
01/17/2024Filing FeeReturned Filing Fee. $150.00 returned to Jordan Smith. (SC)
03/05/2024MotionFiled Appellant/Cross-Respondents' Unopposed Motion to Extend Deadline to File Opening Brief and Appendix. (SC)24-07966
04/15/2024Order/ProceduralFiled Order Denying Motions for Reconsideration and Stay and Granting Motion for Extension of Time. Appellants have filed a petition for rehearing of our December 29, 2023, Order Resolving Motions, Dismissing and Consolidating Appeals, and Reinstating Briefing, which was filed in these three appeals and several other related appeals. Having reviewed the motion for reconsideration and the briefing related to the motion to maintain or reinstate stays, we conclude that the requested relief is not warranted. Appellants contend that we overlooked or misapprehended binding authority explaining that a prejudgment receiver is a provisional remedy that necessarily terminates upon entry of the final judgment and thereby created a conflict within Nevada precedent. To the contrary, however, this court considered the authorities cited by appellants and determined that, for purposes of determining jurisdiction, they did not overcome the district court's intentional and express continuation of the receivership post-judgment to dissolve the association, sell the units, conduct accountings, and wind up the receivership estate, which even some of the authorities and jurisdictions relied on by appellants recognize is possible under their states' applicable laws. In recognizing that the district court may have had jurisdiction to continue the receivership, we stated that we expressed no opinion on the propriety of the district court's actions, leaving appellants free to challenge the district court's exercise of jurisdiction when appropriate. Appellants indeed have done so, filing a writ petition in Docket No. 88065. As this determination does not directly conflict with any Nevada authority cited by appellants, which merely describes the general nature of a prejudgment receivership, arguments that this court is deprived of jurisdiction over these appeals or supplied with jurisdiction over the other appeals, we deny the motion for reconsideration. Likewise, we deny the motion to maintain or reinstate stays. This court's temporary stay granted on May 8, 2023, in Docket No. 86092, only, was effective until further order of the court. Further order of the court issued on December 29, denying the stay motion and vacating the temporary stay. Thus, there is no stay to maintain, and in light of this order, no basis to reinstate the stay in these appeals, as the stay requested pertains to January and March 2023 orders over which we lack jurisdiction. This order, which is procedural, is without prejudice to appellants' ability to seek a stay in the writ proceeding or other proceedings over which this court has jurisdiction. Finally, we grant appellants' unopposed motion to extend the deadline for filing the opening briefs and appendices in these appeals by 60 days. Thus, the opening brief and appendix in Docket No. 85915 and the opening brief and appendix in Docket Nos. 86092/86985 are due by May 27, 2024. Briefing will thereafter proceed in accordance with NRAP 28.1(f)(1). Nos. 85915/86092/86985 NNP23-EC/KP/LB (SC)24-13073
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