Case Information: 87462
Short Caption:	RIVERA VS. BIRK C/W 87072	Court:	Supreme Court
Consolidated:	87072*, 87462	Related Case(s):	87072, 87072-COA, 87462-COA, 88155
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A816229	Classification:	Civil Appeal - General - Other
Disqualifications:	Bell	Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:	Exempt
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information
Role	Party Name	Represented By
Appellant	Melissa Rivera	Renee M. Finch (Messner Reeves LLP) James W. Fox (Messner Reeves LLP) Michael Caleb Meyer (Messner Reeves LLP)
Respondent	Ashley Birk	Matthew E. Aaron (Aaron Law Group, LLC) Charles L. Geisendorf (Aaron Law Group, LLC) Kimball J. Jones (Bighorn Law/Las Vegas) Mark A. Rouse (Bighorn Law/Las Vegas)

Docket Entries
Date	Type	Description	Pending?	Document
10/18/2023	Filing Fee	Filing Fee due for Appeal. (SC)
10/18/2023	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)		23-34014
10/18/2023	Notice/Outgoing	Issued 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)		23-34016
10/19/2023	Other	Justice Linda Bell disqualified from participation in this matter. Disqualification Reason: Sat in District Court Proceedings
10/23/2023	Filing Fee	Filing Fee Paid. $250.00 from Messner Reeves LLP. Check no. 1891. (SC)
10/23/2023	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. Docketing Statement mailed to counsel for appellants - due: 21 days. (SC)		23-34548
10/24/2023	Settlement Notice	Issued 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)		23-34634
10/31/2023	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: To Court Reporter: Stacey Ray, Request for transcript from 08/29/2023 hearing on Plaintiff's Motion for Attorney's Fees and Costs(SC)(REJECTED PER NOTICE ISSUED ON 10-31-2023)(Missing DC stamp)(SC)
10/31/2023	Notice/Outgoing	Issued Notice of Rejection of Deficient Transcript Request.(missing DC stamp)(SC)		23-35468
11/01/2023	Transcript Request	Filed Appellant's Request for Transcript of Proceedings. Transcripts requested: 08/29/2023 To Court Reporter: Stacey Ray.(SC)		23-35548
11/15/2023	Docketing Statement	Filed Appellant's Docketing Statement.(REJECTED PER NOTICE ISSUED ON 11-15-2023)(UNTIMELY)(SC)
11/15/2023	Notice/Outgoing	Issued Notice of Rejection of Deficient Docketing Statement. ("Docketing Statement" is untimely)(SC)		23-37135
11/16/2023	Motion	Filed Appellant's Motion for Extension of Time to File Docketing Statement. (SC)		23-37280
11/21/2023	Order/Procedural	Filed Order Denying Motion. Appellant filed a motion for an extension of time to file the docketing statement, requesting until November 20, 2023. The motion is denied. Appellant shall have 7 days from the date of this order to file and serve the docketing statement. (SC)		23-37841
11/21/2023	Docketing Statement	Filed Appellant's Docketing Statement Civil Appeals.(SC)		23-37903
11/27/2023	Docketing Statement	Filed Docketing Statement Part 3 (2).(REJECTED PER NOTICE ISSUED ON 11/28/2023)(filed in wrong case)
11/28/2023	Notice/Outgoing	Issued Notice of Rejection of Filed Document. Exhibit 1, 2, 6, 7, 8,9, 10, 11, 12,Docketing Statement Part 3 (2) (filed in wrong case) (DC)		23-38499
12/12/2023	Transcript	Filed Notice from Court Reporter. Stacey Ray, stating that the requested transcripts were delivered. Dates of transcripts08-29-23.(SC)		23-40225
12/18/2023	Order/Procedural	Filed Order to Show Cause. 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 appellant's response is served. Briefing is suspended. (SC)		23-40883
12/19/2023	Motion	Filed Amended Joint Motion to Consolidate Appeals(SC)		23-41155
01/09/2024	Motion	Filed Appellant's Response to Order to Show Cause.(SC)		24-00934
01/18/2024	Order/Procedural	Filed Order to Show Cause. This is an appeal of a decision and order filed and entered in the district court and served on September 19, 2023. Review of appellant's response to order to show cause and the documents before this court reveals a potential jurisdictional defect. On November 14, 2023, a new decision and order was entered in the district court, however, appellant did not amend or supplement her notice of appeal. She responded on January 9, 2024, to the order to show cause issued on December 18, 2023, with the new order attached. A notice of appeal must be filed after entry of a written judgment or order, and no later than 30 days after the date that the written notice of entry of the judgment or order appealed from is served. This court lacks jurisdiction to consider an untimely notice of appeal. No appealable order has been designated in the notice of appeal. Accordingly, appellant shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondent may file any reply within 14 days of service of appellant's response. Briefing in this matter is suspended pending further order of this court. fn1[ This court defers its ruling on the motion to consolidate filed December 19, 2023.] (SC)		24-01883
02/16/2024	Motion	Filed Appellant's Response to January 18, 2024 Order to Show Cause.(SC)		24-05915
02/26/2024	Order/Incoming	Filed District court order. Certified copy of order filed in district court on Response to Supreme Court Email dated 02/26/2024. (SC)		24-06726
03/18/2024	Order/Procedural	Filed Order Dismissing Appeal, Consolidating Remaining Appeals, and Reinstating Briefing. The February 16 amended notice of appeal, docketed in No. 88155, was not timely filed as to the November 27 judgment amending the judgment and attorney fees amounts, notice of entry of which was served electronically the same day. NRAP 4(a)(5). Accordingly, we lack jurisdiction and order that appeal dismissed. We conclude that the appeals in Docket Nos. 87072 and 87462 may proceed. The motion to consolidate those appeals is granted, and the appeals are hereby consolidated for all appellate purposes. Appellant shall have 60 days from the date of this order to file and serve a single opening brief raising all issues in these consolidated appeals, and an appendix. Nos. 87072/87462. (SC)		24-09477
05/17/2024	Brief	Filed Appellant's Opening Brief. Nos. 87072/87462 (SC)		24-17431
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 1 Nos. 87072/87462.(SC)		24-17432
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 2 Nos. 87072/87462. (SC)		24-17433
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 3 Nos. 87072/87462. (SC)		24-17434
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 4 Nos. 87072/87462. (SC)		24-17436
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 5 Nos. 87072/87462. (SC)		24-17440
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 6 Nos. 87072/87462. (SC)		24-17444
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 7 Nos. 87072/87462. (SC)		24-17445
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 8 Nos. 87072/87462. (SC)		24-17447
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 9 Nos. 87072/87462. (SC)		24-17450
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 10 Nos. 87072/87462. (SC)		24-17451
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 11 Nos. 87072/87462. (SC)		24-17452
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 12 Nos. 87072/87462. (SC)		24-17453
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 13 Nos. 87072/87462. (SC)		24-17454
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 14 Nos. 87072/87462. (SC)		24-17455
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 15 Nos. 87072/87462. (SC)		24-17456
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 16 Nos. 87072/87462. (SC)		24-17458
05/17/2024	Appendix	Filed Appellant's Appendix in Support of Appellant Melissa Rivera's Opening Brief Volume 17 Nos. 87072/87462. (SC)		24-17459
06/10/2024	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Respondent's answering brief due: July 1, 2024. Nos. 87072/87462. (SC)		24-20119
07/01/2024	Brief	Filed Respondent's Answering Brief Nos. 87072/87462. (SC)		24-22729
07/01/2024	Appendix	Filed Respondent's Appendix to Answering Brief Nos. 87072/87462 (SC)		24-22730
07/12/2024	Motion	Filed Appellant's Motion to Extend Time for Reply Brief . Due date: 08-30-2024 Nos. 87072/87462 (SC)		24-24310
07/12/2024	Notice/Outgoing	Issued Notice Motion/Stipulation Approved "Reply Brief" Due date: 08-30-2024 Nos. 87072/87462 (SC)		24-24314
08/30/2024	Brief	Filed Appellant's Reply Brief. Nos. 87072/87462. (STRICKEN PER ORDER FILED ON 9/3/24) (SC).
09/03/2024	Order/Procedural	Filed Order Striking Deficient Document. Order Striking Deficient Reply Brief. Corrected Reply Brief due: 14 days from the date of this order. Nos. 87072/87462 (SC)		24-31642
09/11/2024	Brief	Filed Appellant's Reply Brief Nos. 87072/87462 (SC)		24-33407
09/12/2024	Case Status Update	Briefing Completed/To Screening(SC)
10/11/2024	Notice/Outgoing	Issued Notice of Transfer Case to Court of Appeals. Nos. 87072/87462 (SC).		24-38339
10/11/2024	Case Status Update	Transferred to Court of Appeals. Nos. 87072/87462 (SC).
02/19/2025	Order/Dispositional	Filed Order Affirming in Part, Vacating in Part and Remanding. "ORDER the judgment of the district court AFFIRMED as to Docket No. 87072-COA AND VACATE AND REMAND to the district court for proceedings consistent with this order as to Docket No. 87462-COA regarding the award of attorney fees." Nos. 87072/87462. COA-BB/MG/DW (SC)
03/12/2025	Case Status Update	Transferred from Court of Appeals. Nos. 87072/87462.(SC)
03/12/2025	Remittitur	Issued Remittitur. Nos. 87072/87462.(SC)		25-11272
03/12/2025	Case Status Update	Remittitur Issued/Case Closed. Nos. 87072/87462.(SC)
03/25/2025	Remittitur	Filed Remittitur. Received by District Court Clerk on 3/13/25. Nos. 87072/87462. (SC)		25-11272