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Case Information: 86092
Short Caption:MEI-GSR HOLDINGS, LLC VS. THOMAS C/W 86985Court:Supreme Court
Consolidated:86092*, 86985Related Case(s):69184, 70498, 84143, 85915, 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
02/09/2023Filing FeeFiling Fee due appeal. (SC)
02/09/2023Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day.(SC)23-04042
02/09/2023Filing FeeE-Payment $250.00 from Jordan T. Smith. (SC)
02/09/2023Notice/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)23-04052
02/10/2023Settlement 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)23-04159
02/22/2023Filing FeeFiling Fee due for cross appeal. (SC)
02/22/2023Notice of Appeal DocumentsFiled Notice of Cross-Appeal. (SC)23-05460
02/22/2023Notice/OutgoingIssued Notice to Pay Supreme Court Cross-Appeal Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 7 days. (SC)23-05462
02/22/2023Filing FeeE-Payment $250.00 from Jarrad C. Miller (Cross-Appeal). (SC)
02/23/2023TranscriptFiled Appellant/Cross-Respondent Certificate of No Transcript Request. (SC)23-05660
03/02/2023Docketing StatementFiled Appellant/Cross-Respondents' Docketing Statement. (SC)23-06354
03/07/2023Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (SC)23-06876
03/14/2023Docketing StatementFiled Respondent/Cross-Appellant's Docketing Statement. (SC)23-07749
03/14/2023Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. Amended Cross-Appeal. (SC)23-07848
03/16/2023Filing FeeReturned Filing Fee. Check No. 29256 returned to Robertson Law Firm.
03/21/2023Docketing StatementFiled Appellant/Cross-Respondents' Docketing Statement. (SC)23-08732
04/18/2023Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. Amended NOA. (SC)23-11962
04/25/2023MotionFiled Appellant/Cross-Respondent's Emergency Motion Under NRAP 27(e) to Stay Orders and Enforce NRCP 62(d)'s Automatic Supersedeas Bond Stay. (SC)23-12839
04/25/2023MotionFiled Appellant/Cross-Respondent's Appendix to Emergency Motion Under NRAP 27(e) to Stay Orders and Enforce NRCP 62(d)'s Automatic Supersedeas Bond Stay (Vol.1). (SC)23-12845
04/25/2023MotionFiled Appellant/Cross-Respondent's Appendix to Emergency Motion Under NRAP 27(e) to Stay Orders and Enforce NRCP 62(d)'s Automatic Supersedeas Bond Stay (Vol.2). (SC)23-12846
04/25/2023MotionFiled Appellant/Cross-Respondent's Appendix to Emergency Motion Under NRAP 27(e) to Stay Orders and Enforce NRCP 62(d)'s Automatic Supersedeas Bond Stay (Vol.3). (SC)23-12849
05/01/2023Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. Second Amended Cross-Appeal. (SC)23-13595
05/02/2023MotionFiled Respondent/Cross-Appellants' Response to Opposition to Emergency Motion. (SC)23-13789
05/02/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Response to Opposition to Emergency Motion. Vol 1. (SC)23-13791
05/02/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Response to Opposition to Emergency Motion. Vol 2. (SC)23-13792
05/02/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Response to Opposition to Emergency Motion. Vol 3. (SC)23-13793
05/04/2023MotionFiled Appellant/Cross-Respondents' Reply in Support of Emergency Motion Under NRAP 27(e) to Stay Orders and Enforce NRCP 62(d)'s Automatic Supersedeas Bond Stay. (SC)23-14029
05/08/2023Order/ProceduralFiled Order to Show Cause and Granting Temporary Stay. Appellants/cross-respondents have filed an emergency motion for stay of two orders entered on January 26 and March 27, 2023. Respondents/cross-appellants oppose the motion. Appellants have filed a reply. appellants shall have 21 days from the date of this order to show cause why this appeal should not be dismissed, in whole or in part, for lack of jurisdiction. Appellants' response to this order should also address whether the receiver should be a party to this appeal. Respondents may file any reply within 14 days from the date that appellants' response is served. The briefing schedule in this appeal is suspended pending further order of this court. Additionally, in light of the supersedeas bond posted by appellants and the deposit they made to the court for the receiver's expenses, we temporarily stay enforcement of the district court's January 26 and March 27 orders directing the $1.1 million payment to the receivership pending receipt and consideration of the parties' responses to these jurisdictional concerns and further order of this court. (SC)23-14349
05/18/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant/Cross-Respondents' response to order to show cause due: June 13, 2023. (SC)23-15748
06/01/2023OtherJustice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal
06/13/2023MotionFiled Appellant/Cross-Respondents' Response to Order to Show Cause - Response to May 8, 2023 Order to Show Cause. (SC)23-18750
06/13/2023AppendixFiled Appellant/Cross-Respondents' Appendix in Support of Appellants' Response to May 8, 2023 Order to Show Cause. (SC)23-18751
06/26/2023Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents/cross-appellants' reply to the response to order to show cause due: July 11, 2023. (SC)23-20132
07/10/2023MotionFiled Respondent/Cross-Appellants' Reply to Response to Order to Show Cause. (SC)23-21938
07/10/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Reply to Appellants' Response to Order to Show Cause - Vol. 1. (SC)23-21942
07/10/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Reply to Appellants' Response to Order to Show Cause - Vol. 2. (SC)23-21943
07/10/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Reply to Appellants' Response to Order to Show Cause - Vol. 4. (SC)23-21947
07/10/2023AppendixFiled Respondent/Cross-Appellants' Appendix to Reply to Appellants' Response to Order to Show Cause - Vol. 3. (SC)23-21948
07/13/2023MotionFiled Appellant/Cross-Respondent's Supplement to Response to Order to Show Cause. (SC)23-22359
07/13/2023AppendixFiled Appellant/Cross-Respondent's Appendix in Support of Supplement to Response to Order to Show Cause. (SC)23-22360
07/20/2023MotionFiled Respondent/Cross-Appellants' Reply to Appellants' Supplemental Response to Order to Show Cause. (SC)23-23235
07/20/2023AppendixFiled Respondents' Appendix to Respondents' Reply to Appellants' Supplemental Response to Order to Show Cause. - Vol. 1. (SC)23-23237
08/11/2023Notice of Appeal DocumentsFiled District Court Docket Entries. (SC)23-26031
11/08/2023MotionFiled Appellant/Cross-Respondent Motion to Consolidate Certain Appeals and Stay Briefing Pending Resolution of Certain Motions.(SC)23-36469
11/15/2023MotionFiled Cross-Appellants' Joinder in Part and Opposition in Part to Motion to Consolidate and Stay Briefing Pending Resolution of Certain Motions.(SC)23-37170
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)23-37312
11/22/2023MotionFiled Appellant/Cross-Respondent Reply in Support of Motion to Consolidate Certain Appeals and Stay Briefing Pending Resolution of Certain Motions.(SC)23-38108
11/28/2023MotionFiled Respondent/Cross-Appellant Response to Order to Show Cause.(SC)23-38527
11/28/2023MotionFiled Appellant/Cross-Respondent 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)23-38551
12/05/2023MotionFiled Respondents/Cross-Appellants' Opposition to Motion to Set Aside or Strike NRCP 54(b) Certification of Amended Final Judgment(SC)23-39449
12/05/2023AppendixFiled Appendix to Respondents/Cross-Appellants' Opposition to Motion to Set Aside or Strike NRCP 54(b) Certification of Amended Final Judgment. Volume 1(SC)23-39450
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)23-39602
12/26/2023MotionFiled Appellant/Cross-Respondent's 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)23-41903
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. 85915/86092/86985/87243/87303/87566/87567/8768523-42341
01/09/2024MotionFiled Appellant/Cross-Respondent Motion to Maintain or Reinstate Stays Pending Panel Rehearing and En Banc Reconsideration of December 29, 2023 Order Nos. 86092/86985.(SC)24-00891
01/12/2024Transcript RequestFiled Respondent/Cross-Appellant Certificate of No Transcript Request. Nos. 86092/86985(SC)24-01282
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). Nos. 86092/86985 (SC)24-01674
01/16/2024Filing FeeFiling fee paid. E-Payment $150.00 from Jordan T. Smith. Nos. 86092/86985 (SC)
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). Nos. 86092/86985 (SC)24-01675
01/16/2024Filing FeeFiling fee paid. E-Payment $150.00 from Jordan T. Smith. Nos. 86092/86985 (SC)
01/16/2024MotionFiled Respondent/Cross-Appellants' Response to Motion to Maintain or Reinstate Stay. Nos. 86092/86985 (SC)24-01680
01/16/2024AppendixFiled Respondent/Cross-Appellants' Appendix to Response to Motion to Maintain or Reinstate Stay. Nos. 86092/86985 (SC)24-01681
01/17/2024Filing FeeReturned Filing Fee. $150.00 returned to Jordan Smith. (SC)
01/17/2024Filing FeeReturned Filing Fee. $150.00 returned to Jordan Smith. (SC)
01/23/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant/cross-respondents reply to motion filed on January 16, 2024 due: February 6, 2024. Nos. 86092/86985 (SC)24-02527
02/06/2024MotionFiled Appellants' Reply in Support of Motion to Maintain or Reinstate Stays Pending Panel Rehearing and En Banc Reconsideration of December 29, 2023, Order. Nos. 86092/86985 (SC)Y24-04469
02/06/2024MotionFiled Appellants' Reply in Support of Motion to Maintain or Reinstate Stays Pending Panel Rehearing and En Banc Reconsideration of December 29, 2023, Order. Nos. 86092/86985 (SC)24-04483
03/05/2024MotionFiled Appellant/Cross-Respondent Unopposed Motion to Extend Deadline to File Opening Brief(First Request)Nos. 86092, 86985(SC)Y24-07969
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)24-13074
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