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United States Court Cases

Nevada Supreme/Appellate Court Record

VACATION VILLAGE VS. FOOTHILL CAPITAL C/W 43740/47511

Case Information: 43185
Short Caption:VACATION VILLAGE VS. FOOTHILL CAPITAL C/W 43740/47511Court:Supreme Court
Consolidated:43185*, 43740 , 47511 Related Case(s): 38010 , 41819 , 42013 , 42164 , 47511
Lower Court Case(s):Clark Co. - Eighth Judicial District - A426036Classification:Civil Appeal - General - Other
Disqualifications:DouglasCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/29/2004 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/23/2004OtherDisqualification of Justice Shearing. Law firm of Gordon & Silver.
04/23/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from John Peter Lee--check no. 32721.
04/23/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 04-07510
04/23/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Gordon & Silver, Ltd.--check no. 35838.
04/23/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 04-07579
04/23/2004Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
04/27/2004Notice/OutgoingIssued Notice to Transmit Required Document. Orders filed 10/26/00, 11/20/00, 4/1/03 and 4/14/03 and Notices of Entry filed 11/22/00, 8/28/02 and 4/21/03. Due Date: 10 days
04/29/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/30/2004Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 04-07952
04/30/2004Transcript RequestFiled Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: 06/17/03, 03/18/04, 02/25/03, 04/10/03, 08/21/03, and 12/18/03. To Court Reporter: Sonia Riley-Bennett. 04-07953
05/03/2004Notice/IncomingFiled Errata. Errata to Docketing Statement (Appellant/Cross-Respondent). 04-08016
05/03/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/18/03. To Court Reporter: Stacy L. Briggs. (Appellant/Cross-Respondent). 04-08017
05/03/2004Notice/IncomingFiled Errata. Errata to Request for Transcript of Proceedings. Transcripts requested: 01/21/03. Court Reporter: Sonia Riley-Bennett. (Appellant/Cross-Respondent). 04-08018
05/03/2004Notice/IncomingFiled Proof of Service. of Docketing Statement, Request for Transcripts and Errata to Request for Transcripts on settlement judge. (Appellant/Cross-Respondent). 04-08021
05/11/2004Order/IncomingFiled District Court Order. Certified copy of Temporary Restraining Order filed in district court on October 26, 2000. 04-08703
05/11/2004Order/IncomingFiled District Court Order. Certified copy of Order Appointing Receiver (Shangri La) filed in district court on November 20, 2000. 04-08704
05/11/2004Order/IncomingFiled District Court Order. Certified copy of Order filed in district court on April 1, 2003. 04-08705
05/11/2004Order/IncomingFiled District Court Order. Certified copy of Order Denying Plaintiff's Motion to Consolidate with Action Pending in Department 1 filed in district court on April 14, 2003. 04-08706
05/11/2004Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Notice of Entry of Order Appointing Receiver (Shangri La). Filed in district court on: November 22, 2000. 04-08709
05/11/2004Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Notice of Entry of Stipulation and Order Regarding Termination of Receivership. Filed in district court on: August 28, 2002. 04-08711
05/11/2004Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Notice of Entry of Order Denying Plaintiff's Motion to Consolidate with Action Pending in Department 1. Filed in district court on: April 21, 2003. 04-08712
05/12/2004Notice/Outgoing Letter. Lansford W. Levitt. (district court documents)
05/13/2004Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 04-08929
05/17/2004TranscriptFiled Transcript. Proceedings: 1/21/03, 1/22/03, 2/4/03, 2/25/03, 4/10/03, 6/17/03, 8/21/03, 3/18/04. Court Reporter: Sonia Riley. 04-09072
05/19/2004Notice/IncomingFiled Proof of Service. (Docketing Statement). 04-09319
06/14/2004TranscriptFiled Transcript. Proceedings: December 18, 2003. Court Reporter: Stacy L. Briggs. 04-10946
06/18/2004Settlement Program ReportFiled Interim Settlement Program Report. The Settlement Judge recommends that this appeal be removed from the program. 04-11168
06/29/2004Order/ProceduralFiled Order/Briefing Schedule. Pursuant to the written request of the settlement judge and good cause appearing, this appeal and cross-appeal are removed from the settlement conference program. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent ('appellant') shall have 70 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondents/cross-appellants ('respondents') shall have 30 days from service of appellant's opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 30 days from service of respondents' combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, respondents shall have 30 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. See NRAP 31(a)(1); NRAP 28(h) and (c). In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. 04-11897
07/19/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 01/16/01, 11/05/02, 01/07/03, 03/04/03, 06/17/03, and 08/21/03. To Court Reporter: Sonia Riley-Bennett. 04-13117
07/19/2004Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcripts. Transcripts requested: 01/16/01, 11/05/02, 01/07/03, 03/04/03, 06/17/03, and 08/21/03. To Court Reporter: Sonia Riley-Bennett. 04-13120
07/27/2004Notice/IncomingFiled Notice. Receipt of Copies of Transcripts of Proceedings. 04-13599
07/27/2004TranscriptFiled Transcript. Proceedings: 11/05/02, 01/07/03, 03/04/03, 06/17/03, 08/21/03. Court Reporter: Sonia L. Riley. 04-13697
08/17/2004MotionFiled Stipulation. Stipulation to Consolidate Appeals and Briefing Schedules. Nos. 43185 and 43740 04-14888
09/07/2004MotionFiled Motion to Extend Time. Emergency Motion for Enlargement of Time to file Opening Brief. 04-16207
09/23/2004Order/ProceduralFiled Order. Regarding Transcripts. On July 19, 2004, appellant/cross-respondent filed a transcript request form requesting court reporter Sonia Riley-Bennett to produce transcripts. See NRAP 9(b). fn1[A copy of the transcript request form is attached to this order.] To date, the requested transcript for proceedings held on January 16, 2001, has not been filed. Our review of the district court minutes indicates that court reporter Joann Orduna was present for the January 16, 2001, proceedings. Accordingly, Ms. Orduna shall have 20 days from the date of this order to prepare and file the requested transcript. If more time is needed to complete the preparation of the transcript, Ms. Orduna shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Orduna shall notify this court, in writing, of this fact. 04-17651
10/14/2004Other Returned Mail. Order filed 09/23/04 addressed to Joann Orduna (court reporter) remailed to corrected address.
12/15/2004MotionFiled Response to Motion. Limited Opposition to Motion for Enlargement of Time to File Opening Brief. Nos. 43185 and 43740 (not consolidated). 04-22858
01/05/2005Order/ProceduralFiled Order. Regarding Transcripts. On July 19, 2004, appellant/cross-respondent filed a transcript request form requesting court reporter Sonia Riley-Bennett to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] Because the January 16, 2001, transcript was not timely filed, on September 23, 2004, this court entered an order directing court reporter Joann Orduna to file and prepare a transcript for proceedings held on January 16, 2001. fn2[Appellant/cross-respondent did not serve Ms. Orduna with the transcript request form.] To date, Ms. Orduna has not filed the requested transcript. Ms. Orduna shall have 20 days from the date of this order to prepare and file the requested transcript. If more time is needed to complete the preparation of the transcript, Ms. Orduna shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Orduna shall notify this court, in writing, of this fact. Failure to comply timely with this order may result in the imposition of sanctions. 05-00247
01/19/2005Order/ProceduralFiled Order/Show Cause. Appellant and cross-appellants shall have 30 days from the date of this order within which to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. The briefing schedule in this appeal and cross-appeal is suspended pending further order of this court. Appellant and cross-appellants shall each have 10 days from the date the other's response is served to file a reply. fn4[Pending our resolution of the jurisdictional issue, we defer ruling on the parties' stipulation to consolidate the appeal and cross-appeal in Docket No. 43185 with the appeal in Docket No. 43740 and to establish a joint briefing schedule.] 05-01155
02/09/2005TranscriptFiled Transcript. Proceedings: 1/16/01. Court Reporter: JoAnn Orduna. 05-02642
02/17/2005MotionFiled Response to Order to Show Cause. The Heers' Response to Order to Show Cause. 05-03237
02/22/2005MotionFiled Response to Order to Show Cause. Appellant/Cross-Repondent's Response to Order to Show Cause. 05-03435
03/01/2005MotionFiled Reply to Response. Appellant/Cross-Respondent's Reply to Respondents/Cross-Appellants' Response to Order to Show Cause. 05-03971
03/07/2005MotionFiled Reply to Response. The Heers' Reply to Appellant/Cross-Respondent's Response to Order to Show Cause. 05-04410
03/09/2005MotionFiled Motion to Strike. Motion to Strike Untimely File Response to Order to Show Cause. 05-04693
03/11/2005MotionFiled Motion to Extend Time. Motion for Extension of Time to File the Heers' Reply to Appellant/Cross-Respondent's Response to Order to Show Cause. 05-04870
03/11/2005MotionFiled Response to Motion. 05-04871
03/11/2005Notice/IncomingFiled Affidavit. Affidavit of Paul C. Ray, Esq. 05-04872
03/16/2005MotionFiled Response to Motion. Opposition to Respondents/Cross- Appellants' Motion for Extension of Time to File Reply to Order to Show Cause. 05-05159
05/02/2005OtherDisqualification of Justice Douglas. Sat in district court proceedings.
05/02/2005Order/ProceduralFiled Order. Reinstating Briefing and Consolidating Appeals. In Docket No. 43185, we ordered appellant Foothill Capital Corporation and cross-appellants Vacation Village to show cause why this appeal and cross-appeal should not be dismissed. Foothill also requests sanctions against Vacation Village. We decline to impose sanctions here. The automatic bankruptcy stay appears to have been lifted and that in April 2003, the bankruptcy court entered an order 'abstain[ing] from hearing this matter in favor of the matters pending in Nevada State Court.' As this court appears to have jurisdiction over the appeal and cross-appeal in Docket No. 43185, we shall allow the appeal and cross-appeal to proceed. fn4[Foothill's March 9, 2005 motion to strike Vacation Village's reply is denied. Vacation Village's March 11, 2005 motion for an extension of time to file the reply is denied as moot.] The Vacation Village parties shall be redesignated as appellants/cross-respondents in Docket No. 43185. Foothill shall be redesignated as respondent/cross-appellant. Docket Nos. 43185 and 43740 are hereby consolidated. fn6[NRAP 3(b). No further action will be taken in this court's settlement conference program regarding these appeals and cross-appeal.] Vacation Village shall have 90 days from the date of this order to file and serve the appendix and opening brief in support of the appeals. fn7[Vacation Village's December 8, 2004 motion for an enlargement of time to file the opening brief in Docket No. 43740 is denied as moot.] Foothill shall then have 30 days to file and serve a combined opening brief on cross-appeal and answering brief on the appeals. Vacation Village shall then have 30 days to file and serve a combined answering brief to the cross-appeal and any reply brief in support of the appeals. Foothill shall then have 30 days to file and serve any reply brief in support of the cross-appeal. Nos. 43185/43740. (05-08536) 05-08536
08/03/2005MotionFiled Motion and Order/Excess Pages. Granted: 31 pages. Nos. 43185/43740. 05-15392
08/03/2005BriefFiled Opening Brief. Nos. 43185/43740. 05-15393
08/03/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. Nos. 43185/43740. 05-15394
09/07/2005MotionFiled Motion and Order/Excess Pages. Respondent/Cross-Appellant Foothill Captial Corporation's Motion to Exceed Page Limit. Granted: 41 pages. Nos. 43185/43740. 05-17639
09/07/2005BriefFiled Answering Brief. Respondent/Cross-Appellant Foothill Captial Corporation's Answering Brief, and Opening Brief on Cross-Appeal. Nos. 43185/43740. 02/24/06 Order: brief stricken. Nos. 43185/43740.jcr 05-17641
09/07/2005AppendixFiled Appendix to Answering Brief. Respondent/Cross-Appellant Foothill Capital Corporation's Appendix, Vols. 1 through 5. Nos. 43185/43740. 02/24/06 Order: appendix stricken. Nos. 43185/43740.jcr 05-17643
09/07/2005MotionFiled Motion. Foothill Captial Corporations's Request for Judicial Notice, and Affidavit in Support Thereof. Issued Notice to Provide Proof of Service. Nos. 43185/43740. 05-17646
09/14/2005Notice/IncomingFiled Proof of Service. Proof of Service of Foothill Capital Corporation's Request for Judicial Notice, and Affidavit in Support Thereof. Nos. 43185/43740. 05-18224
09/19/2005MotionFiled Response to Motion. Opposition to Foothill Capital Corporation's to Request for Judical Notice. Nos. 43185/43740. 05-18598
09/29/2005MotionFiled Motion to Strike. Motion to Strike Foothill Capital Corporation's Answering Brief and Opening Brief on Cross-Appeal or Alternatively, to Require Foothill to Re-File Its Brief to Include only Arguments which are Supported by the Record on Appeal. Nos. 43185/43740. 05-19343
10/05/2005MotionFiled Motion to Extend Time. Motion for Extension of Time to File Reply Brief on Appeal and Opposition Brief on Cross-Appeal. Nos. 43185/43740. 05-19719
10/10/2005MotionFiled Response to Motion. Opposition to Respondents/Cross-Appellants' Motion to Strike Foothill Capital Corporation's Answering Brief and Opening Brief on Cross-Appeal; and Opposition to Respondents/Cross-Appellants' Motion for Extension of Time to file Reply Brief on Appeal and Opposition Brief on Cross-Appeal; and Supplemental Request for Judicial Notice with Affidavit in Support Thereof. Nos. 43185/43740. (05-19925) 05-19925
10/18/2005MotionFiled Response to Motion. Opposition to Supplemental Request for Judicial Notice with Affidavit in Support Thereof. Nos. 43185/43740. (05-20609) 05-20609
02/24/2006Order/ProceduralFiled Order Denying Motion. to take Judicial Notice, Granting Motion to Strike Answering Brief, and Denying Motion for Extension of Time. We elect to treat the request and supplemental request as a motion for this court to take judicial notice of the bankruptcy court documents, and we deny the motion. The clerk shall strike the brief and appendix received on September 7, 2005. Answering brief due: 30 days. fn1[Appellants' motion to extend the time to file a reply brief on appeal and answering brief on cross-appeal is denied as moot.] Nos. 43185/43740. (06-04138) 06-04138
03/17/2006Letter/IncomingFiled Letter. Notice of firm name change and address change (Buchalter Nemer). Nos. 43185/43740. 06-05785
03/29/2006MotionFiled Motion and Order/Excess Pages. Granted: 34 pages. Foothill Captial Corporation's Motion to Exceed Page Limit Pursuant to NRAP 28(g) for its Amended Answering Brief and Opening Brief on Cross-Appeal. Nos. 43185/43740. 06-06629
03/29/2006BriefFiled Amended Brief. Foothill Captial Corporation's Amended Answering Brief, and Opening Brief on Cross-Appeal. Nos. 43185/43740. 06-06632
03/29/2006AppendixFiled Appendix to Answering Brief. Foothill Capital Corporation's Amended Appendix. Vols. 1 thorugh 5. Nos. 43185/43740. 06-06635
04/24/2006MotionFiled Motion and Order Extending Time. Brief due: May 26, 2006. Nos. 43185/43740. 06-08577
05/30/2006BriefFiled Reply Brief. Appellants/Cross-Respondents' Answering Brief on Cross-Appeal and Reply Brief on Appeal. Nos. 43185/43740. 06-11338
05/30/2006AppendixFiled Appendix to Reply Brief. Appellant/Cross-Respondent. Nos. 43185/43740. 06-11340
06/19/2006MotionFiled Motion to Consolidate. Stipulation to Consolidate Appeals and Request for Exemption of Participation in Settlement Conference Program. Nos. 43185/43740/47511. 06-12697
06/22/2006MotionFiled Motion and Order Extending Time. Brief due: July 11, 2006. Nos. 43185/43740. 06-12956
07/13/2006BriefFiled Reply Brief on Cross-Appeal. Nos. 43185/43740. 06-14529
07/27/2006Order/ProceduralFiled Order. Approving Stipulation and Consolidating Appeals. We approve the parties' stipulation and consolidate Docket Nos. 43185 and 43740 with Docket No. 47511 for all appellate purposes. Appellant Foothill shall have 60 days from the date of this order to file and serve the opening brief for Docket No. 47511. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Further, as stipulated, the parties shall cite to the appendices and transcripts previously on file with this court in preparing the briefs for Docket No. 47511. If additional documents or transcripts are necessary for our review of the issues raised in Docket No. 47511, the parties shall file a supplemental appendix or a transcript request form in accordance with NRAP 9(a). Fn1 [We note that the appeal in Docket No. 47511 has not been assigned to the settlement program. No action is required with respect to this portion of the parties' stipulation.] Nos. 43185/43740/47511. 06-15661
09/27/2006Notice/IncomingFiled Notice. Notice that Transcript of Proceedings is Unavailable in Appeal No. 47511. Nos. 43185/43740/47511. 06-19832
09/27/2006BriefFiled Opening Brief. Foothill Capital Corporation's Opening Brief in Appeal No. 47511. Nos. 43185/43740/47511. 06-19833
09/27/2006AppendixFiled Appendix to Opening Brief. Foothill Capital Corporation's Appendix to Opening Brief in Appeal No. 47511. Nos. 43185/43740/47511. 06-19834
10/19/2006MotionFiled Motion and Order Extending Time. Brief due: November 29, 2006. Nos. 43185/43740/47511. 06-21505
12/01/2006BriefFiled Answering Brief. Respondent's Answering Brief in Appeal No. 47511. Nos. 43185/43740/47511. 06-24634
12/29/2006MotionFiled Motion and Order Extending Time. Appellant in 47511. Brief due: January 5, 2007. Nos. 43185/43740/47511. 06-26659
01/05/2007MotionFiled Motion to Extend Time. Appellant in 47511. Nos. 43185/43740/47511 07-00325
01/09/2007Order/ProceduralFiled Order Granting Motion. Foothill shall have until January 12, 2007, to file and serve the reply brief in Docket No. 47511. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Nos. 43185/43740/47511. (07-00651) 07-00651
01/17/2007BriefFiled Reply Brief. Appellant in 47511. Nos. 43185/43740/47511. 07-01168
11/19/2007Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "We affirm the business court's order dismissing appellants' complaint in Docket No. 43740. In the district court action forming the basis for Docket No. 43185 and 47511, we reverse the district court's order denying Foothill's NRCP 60(b)(5) motion and we remand this matter with instructions that the district court grant the motion and conduct further proceeings in accordance with this order." NNP07-RP/JH/NS. No. 43185/43740/47511. 07-25098
12/06/2007MotionFiled Motion. Motion for Enlargement of Time to File Petition for Rehearing based upon Stipulation of the Parties. Nos. 43185/43740/47511 07-26374
12/10/2007MotionFiled Stipulation. Stipulation to Enlarge the Time to File a Petition for Rehearing (with original signatures). Nos. 43185/43740/47511. 07-26771
12/12/2007Order/ProceduralFiled Order Granting Motion. Appellants shall have until January 22, 2008, to file and serve the petition for rehearing. Nos. 43185/43740/47511. 07-27017
01/17/2008MotionFiled Motion to Extend Time. Motion for Enlargement of Time to File Petition for Rehearing Based Upon Stipulation of the Parties (Second Request). Nos. 43185/43740/47511. 08-01300
01/23/2008Order/ProceduralFiled Order Extending Time. Time for filing appellants petition for rehearing extended to March 6, 2008. Nos. 43185/43740/47511. 08-01775
01/24/2008MotionFiled Stipulation. Stipulation to Enlarge the Time to File a Peititon for Rehearing. Nos. 43185/43740/47511. 08-01809
03/06/2008MotionFiled Motion to Extend Time. Appellant/Cross-Respondent. (Third Request). Nos. 43185/43740/47511. 08-05717
03/13/2008Order/ProceduralFiled Order. Granting Motion. Appellant's Petition for Rehearing due: April 21, 2008. Nos. 43185/43740/47511. 08-06264
04/21/2008MotionFiled Motion to Extend Time. Motion for Enlargement of Time to File Petition for Rehearing. (Sixth Request). Nos. 43185/43740/47511 (08-15835). 08-09805
04/25/2008Order/ProceduralFiled Order. Granting Motion. Appellant's Petition for Rehearing due: May 21, 2008. Any requests for additional extensions that are not supported by a demonstration of the most compelling circumstances may result in appellant's forfeiture of the opportunity to file a petition for rehearing in this appeal. Nos. 43185/43740/47511. 08-10362
05/22/2008MotionFiled Motion to Extend Time. (Fifth Request). Nos. 43185/43740/47511. 08-12878
06/12/2008Order/ProceduralFiled Order. we grant appellants' motion. Appellants shall have until June 20, 2008, to file and serve the petition for rehearing. Any requests for additional extensions that are not supported by a demonstration of the most compelling circumstances may result in appellants' forfeiture of the opportunity to file a petition for rehearing in this appeal. Nos. 43185/43740/47511 08-14921
06/20/2008MotionFiled Motion to Extend Time. Motion for Enlargement of Time to File Petition for Rehearing. (Sixth Request). Nos. 43185/43740/47511 (08-15835). 08-15835
07/11/2008Order/ProceduralFiled Order. Granting Motion. Appellant's Petition for Rehearing due: 30 days. Nos. 43185/43740/47511. 08-17853
07/22/2008MotionFiled Motion to Extend Time. (Seventh Request). Nos. 43185/43740/47511. 08-18861
08/06/2008Order/ProceduralFiled Order. Granting Motion. Appellant's Petition for Rehearing due: September 22, 2008. Nos. 43185/43740/47511. 08-20420
09/17/2008MotionFiled Stipulation/Dismiss Appeal. Stipulation for Dismissal with Prejudice. Nos. 43185/43740/47511 08-23954
03/03/2009Order/ProceduralFiled Order. We disapprove the parties' stipulation for dismissal. However, if the parties' settlement agreement contemplates that our November 19, 2007, order be vacated and these appeals be dismissed without resolution on the merits, the parties shall, within 20 days from the date of this order, file an appropriate motion, such as a motion to vacate the November 19, 2007, 'Order Affirming in Part, Reversing in Part, and Remanding With Instructions' and for dismissal of this appeal. Failure to comply timely with this order may result in the immediate issuance of the remittitur pursuant to NRAP 41(a). Nos. 43185/43740/47511. 09-05382
03/12/2009MotionFiled Motion. Joint Motion to Vacate "Order Affirming in Part, Reversing in Part, and Remanding with Instructions" Entered on November 19, 2007, and for Dismissal of Appeals with Prejudice. Nos. 43185/43740/47511 (09-06355). (In response to order filed 3/03/09). 09-06355
03/27/2009Order/DispositionalFiled Dispositional Order/Appeal. Order Vacating Prior Order and Dismissing Appeals. "We hereby vacate our November 19, 2007, order, and dismiss these consolidated appeals. The parties shall bear their own costs and attorney fees." NNP07-KP/JH/NS Nos. 47511/43185/43740 09-07716
03/27/2009Case Status Update Case Closed. No remittitur issued.