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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 44959
Short Caption:SKENDER VS. BRUNSONBUILT CONSTR.Court:Supreme Court
Related Case(s): 51861
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0101259Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/29/2005 / Manoukian, NoelSP Status:Completed
Oral Argument:09/06/2006 at 11:00 AMOral Argument Location:Carson City
Submission Date:09/06/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
03/24/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Hale Lane Peek Dennison & Howard--check no. 066969.
03/24/2005Notice 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.) 05-05744
03/29/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Noel E. Manoukian. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/08/2005Docketing StatementFiled Docketing Statement. 05-06945
06/20/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-12090
06/23/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-12374
06/30/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 05-13011
07/07/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/13/04, 09/14/04, 09/15/04, 09/16/04, 09/17/04, 09/20/04, 09/21/04, 09/22/04, 09/23/04, 09/24/04, 09/27/04, 09/28/04, 09/29/04, 09/30/04, 10/01/04, 10/04/04, 10/05/04, and 10/06/04. To Court Reporter: Sunshine Reporters. 05-13432
08/02/2005TranscriptFiled Transcript. Proceedings: September 28, 2004. Court Reporter: Deborah Middleton Greco. 05-15357
08/03/2005TranscriptFiled Transcript. Proceedings: September 20, 2004. Court Reporter: Constance S. Eisenberg. 05-15408
08/04/2005TranscriptFiled Transcript. Proceedings: September 16, 2004, September 20, 2004 and September 29, 2005. Court Reporters: Corrie L. Wolden and Constance Eisenberg. 05-15453
08/12/2005TranscriptFiled Transcript. Proceedings: 10/04/04. Court Reporter: Corrie L. Wolden. 05-16027
08/15/2005TranscriptFiled Transcript. Proceedings: 09/14/04. Court Reporter: Lesley Clarkson. 05-16058
08/15/2005TranscriptFiled Transcript. Proceedings: 09/24/04 and 10/05/04. Court Reporter: Debora Cecere. 05-16126
08/24/2005TranscriptFiled Transcript. Proceedings: September 15, 2004. Court Reporter: Gail West-Willsey. 05-16737
08/31/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 05-17229
09/02/2005TranscriptFiled Transcript. Proceedings: 10/01/04. Court Reporter: Kate Murray. 05-17445
09/02/2005MotionFiled Motion to Extend Time. Affidavit and Application for Extension of Time to File the Record on Appeal. 05-17447
09/06/2005TranscriptFiled Transcript. Proceedings: 09/17/04. Court Reporter: Cindy Lee Brown. 05-17500
09/06/2005TranscriptFiled Transcript. Proceedings: September 23, 2004. Court Reporter: Gail West-Willsey. 05-17537
09/20/2005MotionFiled Motion to Extend Time. 05-18680
09/26/2005TranscriptFiled Transcript. Proceedings: 09/27/04. Court Reporter: Linda B. Shaw. 05-19027
09/30/2005TranscriptFiled Transcript. Proceedings: 06/28/05. Court Reporter: Gail West-Willsey. 05-19489
10/17/2005Order/ProceduralFiled Order. to file Transcripts and Granting Extension of Time. fn1[A copy of the transcrit request form is attached to this order.] Transcripts due: 10 days. Opening Brief and appendix due: 40 days. 05-20527
11/09/2005TranscriptFiled Transcript. Proceedings: 08/18/04. Court Reporter: Gail West-Willsey. 05-22076
11/10/2005MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. 05-22211
11/10/2005BriefFiled Opening Brief. Issued Notice to Provide Proof of Service on Respondent Newell Roofing. 05-22216
11/10/2005AppendixFiled Joint Appendix. Vols. 1 through 4. 05-22220
11/21/2005Other Other. Filed Appellant's Response to Notice to Provide Proof of Service. 05-22966
11/28/2005MotionFiled Stipulation and Order. Respondent Brunsonbuilt Construction. Brief due: January 9, 2006. 05-23266
11/29/2005MotionFiled Motion to Dismiss Appeal. (Respondent Brunsonbuilt Construction). 05-23455
12/06/2005Notice/IncomingFiled Errata. Errata to Motion to Dismiss Appeal for Lack of Jurisdiction. 05-23886
12/12/2005MotionFiled Response to Motion. 05-24186
01/09/2006MotionFiled Motion and Order/Excess Pages. Granted: 41 pages. 06-00434
01/09/2006BriefFiled Answering Brief. Respondent Brunsonbuilt Construction. 06-00435
01/09/2006AppendixFiled Appendix. Exhibit "A" to Respondents' Answering Brief. (Respondent Brunsonbuilt Construction). 06-00436
01/09/2006AppendixFiled Appendix. Supplemental Joint Appendix. (Respondent Brunsonbuilt Construction.) 06-00438
01/19/2006TranscriptFiled Transcript. Proceedings: 8/25/04, 9/9/04, and 10/7/04 (2). Court Reporters: Erin Ferretto and Linda Shaw. (Included with transcripts is a letter from Sunshine Reporting Services stating that they were requested by Brunsonbuilt to supplement the record with these transcripts which were not requested by Skender.) 06-01453
02/08/2006MotionFiled Stipulation and Order. Brief due: March 10, 2006. 06-02854
03/03/2006MotionFiled Motion and Order/Excess Pages. Granted: 47 pages. 06-04784
03/03/2006BriefFiled Reply Brief. 06-04785
03/17/2006Order/ProceduralFiled Order. Further review of the case appeal statements and docketing statement indicates that Newell Roofing is not a party to this appeal. Appellants are not responsible for providing proof of service of the opening brief on Newell Roofing. The clerk shall remove 'Newell Roofing, Inc., a Nevada Corporation' from the caption in this appeal. Transcripts due: 10 days from the date of this order. If more time is needed, Sunshine Reporting Services shall, within the same time period, file a motion requesting an extension of or if the transcripts cannot be produced, notify this court, in writing, of this fact. Failure to timely comply with this order may result in the imposition of sanctions, including monetary sanctions and referral to the Certified Shorthand Reporters Board of Nevada for investigation. 06-05759
03/24/2006TranscriptFiled Transcript. Proceedings: September 22, 2004. Court Reporter: Cindy Lee Brown. 06-06315
03/28/2006TranscriptFiled Transcript. Proceedings: September 13, 2004. Court Reporter: Erin T. Ferretto. 06-06530
03/30/2006Order/ProceduralFiled Order Denying Motion. We conclude that dismissal of this appeal is not warranted and we deny the motion to dismiss. 06-06677
05/17/2006Order/ProceduralFiled Order. we conclude that supplemental briefing will assist this court in resolving this appeal. Appellants shall have ten days from the date of this order to file and serve their supplemental brief. Respondents shall then have ten days from the date of service of appellants' brief to file and serve their supplemental brief. 06-10376
05/23/2006MotionFiled Motion. Request for Clarification and/or Reconsideration of Order Directing Supplemental Briefing, or in the Alternative, Request for Extension of Time. 06-10834
05/26/2006MotionFiled Response to Motion. Response to Request for Clarification and Order for Supplemental Briefing. 06-11237
06/02/2006Order/ProceduralFiled Order Granting Motion. to Modify Supplemental Briefing Schedule. We grant appellants' request to consider their reply brief as their supplemental brief in response to our May 17, 2006 order. Respondents shall have 10 days to file and serve their supplemental brief. Appellants shall then have 10 days from the date of service of respondents' brief to file and serve any supplemental brief in response. 06-11611
06/14/2006BriefFiled Supplemental Brief. Respondent's Supplemental Answering Brief. 06-12401
06/28/2006BriefFiled Supplemental Brief. Appellant's Supplemental Reply Brief. 06-13301
08/15/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 6, 2006, at 11:00 a.m. (NNP07-NB/JH/RP)
08/18/2006MotionFiled Motion. Motion to Postpone Oral Argument. 06-17289
08/23/2006MotionFiled Response to Motion. to Postpone Oral Argument. 06-17560
08/29/2006MotionFiled Motion. Motion to Withdraw Request to Postpone Oral Argument. 06-17947
08/29/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
08/30/2006Order/ProceduralFiled Order Denying Motion. as Moot. Respondents have moved to continue the oral argument of this matter due to a conflicting trial date. The trial date having now been continued, we deny the motion as moot. Oral argument shall remain scheduled for September 6, 2006, at 11:00 a.m. in Carson City. 06-17975
09/06/2006Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP07-NB/JH/RP
12/28/2006Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded with instructions." Before Becker, Hardesty and Parraguirre, JJ. Author: Hardesty, J. We concur: Becker and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 118. NNP07B 06-26572
01/12/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from Stephen G. Castronova - check no. 721.
01/12/2007Post-Judgment PetitionFiled Petition for Rehearing. 07-00894
01/17/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from Molof & Vohl-check no. 2545.
01/17/2007Post-Judgment PetitionFiled Petition for Rehearing. (Appellant Skender) 07-01229
01/24/2007Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 11 of the original opinion filed on December 28, 2006.
04/06/2007Post-Judgment OrderFiled Order/Rehearing Denied. Appellants and respondents have each filed petitions for rehearing. We have considered both petitions and conclude that rehearing is not warranted. "We deny rehearing." NRAP 40(c). NNP07B-JH/RP 07-07776
04/13/2007Post-Judgment PetitionFiled Petition for En Banc Reconsideration. (Respondents) 07-08357
04/16/2007Post-Judgment PetitionFiled Petition for En Banc Reconsideration. (Appellants) 07-08561
05/03/2007RemittiturIssued Remittitur. 07-08422
05/03/2007Case Status Update Remittitur Issued/En Banc Reconsideration Pending.
05/15/2007RemittiturFiled Remittitur. Received by County Clerk on May 8, 2007. 07-08422
11/05/2007Post-Judgment OrderFiled Order Denying En Banc Reconsideration. As we conclude that en banc reconsideration is not warranted, we "ORDER the petitions DENIED." MG/RP/MD/NS. Hardesty, J., with whom, Cherry, J., agrees, concurring in part and dissenting in part. Maupin, C.J., dissenting. EN BANC 07-24135