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United States Court Cases

Nevada Supreme/Appellate Court Record

ABBEY VS. CLASSIC DEVELOPMENT

Case Information: 43377
Short Caption:ABBEY VS. CLASSIC DEVELOPMENTCourt:Supreme Court
Related Case(s): 43047
Lower Court Case(s):Clark Co. - Eighth Judicial District - A476538Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/09/2004 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/19/2006How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/01/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from William L. McGimsey--check no. 16666.
06/01/2004Notice 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.) 04-09946
06/09/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/16/2004Transcript RequestFiled Certificate of No Transcript Request. 04-11066
06/21/2004Docketing StatementFiled Docketing Statement. Issued notice for service on settlement judge. 04-11212
06/28/2004Notice/IncomingFiled Proof of Service. (Docketing Statement on Settlment Judge). 04-11765
08/16/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 13, 2004. 04-14804
10/04/2004MotionFiled Motion. 04-18294
10/06/2004Notice/Outgoing Letter. Lester H. Berkson. (Motion to Withdraw as Attorneys of Record)
12/23/2004Order/ProceduralFiled Order Denying Motion. to Withdraw. Attorneys Michael V. Cristalli and Sean K. Claggett of the Law Offices of Michael V. Cristalli have filed a motion to withdraw as counsel for respondent. Because the motion was not served on respondent, we deny the motion. This denial is without prejudice to counsel's right to file another motion to withdraw with proof of service that the motion was served on respondent. 04-23400
01/14/2005MotionFiled Motion. Michael V. Cristalli. 05-00941
02/09/2005Order/ProceduralFiled Order Granting Motion. to Withdraw. Attorney Michael V. Cristalli has moved to withdraw as counsel of record for respondent. Mr. Cristalli served the motion on respondent by mail on January 11, 2005. To date, respondent has not opposed the motion or otherwise responded to the motion. Cause appearing, we grant the motion to withdraw. The clerk of this court shall remove Mr. Cristalli as counsel for respondent in this appeal. Respondent shall have 30 days from the date of this order to retain new counsel and cause counsel to file a notice of appearance with this court. Alternatively, within the same time period, respondent shall inform this court in writing if it does not intend to retain new counsel. Failure to retain counsel and cause counsel to enter an appearance may result in this appeal being submitted for decision on appellant's opening brief and appendix. 05-02609
02/22/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-03498
02/28/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. The settlement judge has also recommended that this appeal be expedited. We reinstate the deadlines for requesting transcripts and filing the opening brief on an expedited schedule. Appellant: 10 days to comply with NRAP 9(a); 30 days to file and serve opening brief and appendix. Pursuant to this court's February 9, 2005, order granting attorney Michael V. Cristalli's motion to withdraw as counsel of record for respondent, respondent has until March 11, 2005, to retain new counsel and cause new counsel to enter an appearance in this matter. If respondent does not cause new counsel to enter an appearance, this matter may be submitted for decision upon the filing of the opening brief and appendix. 05-03845
03/11/2005MotionReceived Proper Person Motion. Motion for Leave of the Supreme Court to Allow Respondent to be Represented in Proper Person by its Managing Member.
04/01/2005BriefFiled Opening Brief. 05-06495
04/01/2005AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 05-06496
04/06/2005Other Other. Received Table of Contents and Table of Authorities to Opening Brief. Attached to inside front cover of original and copies of Opening Brief.
07/19/2005Order/ProceduralFiled Order. On February 9, 2005, this court entered an order granting attorney Michael V. Cristalli's motion to withdraw as counsel of record for respondent. Respondent had until March 11, 2005, to retain new counsel. We cautioned respondent that failure to retain counsel might result in this appeal being submitted for decision on appellant's opening brief and appendix. On March 11, 2005, respondent submitted a motion for leave to be represented in proper person by its managing member and to file briefs. fn1[Because we are resolving the motion on its merits, we direct the clerk to file the motion received on March 11, 2005. However, we decline to permit respondent to file further documents in proper person.] We deny respondent's motion. Respondent has submitted an answering brief, appellant has submitted a reply brief, and respondent has submitted a sur-reply brief. In light of our foregoing denial of respondent's motion, we direct the clerk to return, unfiled, the answering brief received on April 28, 2005, the reply brief received on May 31, 2005, and the sur-reply brief received on June 6, 2005. As the opening brief and appendix were filed on April 1, 2005, and respondent has not retained counsel, briefing in this matter is complete and this appeal stands submitted for decision. 05-14360
07/19/2005MotionFiled Proper Person Motion. Motion for Leave of the Supreme Court to Allow Respondent to be Represented in Proper Person by its Managing Member. 05-04899
07/19/2005Case Status Update Submitted for Decision. Submitted on the opening brief.
01/19/2006Case Status Update Resubmitted for Decision. Resubmitted on the Record and Opening Brief. To the Southern Nevada Panel. SNP06-WM/MG/JH
02/13/2006Order/DispositionalFiled Dispositional Order/Appeal. "ORDER the judgment of the district court REVERSED." SNP06-WM/MG/JH 06-03100
03/07/2006Filing Fee Filing Fee due.
03/07/2006Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing. 06-04983
03/07/2006Notice/OutgoingIssued Notice to Pay Filing Fee on Rehearing. Due date: 10 days.
03/17/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from Cristalli & Saggese, Ltd.--check no. 3077.
03/23/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 06-06188
04/18/2006RemittiturIssued Remittitur. 06-07099
04/18/2006Case Status Update Remittitur Issued/Case Closed.
05/05/2006RemittiturFiled Remittitur. Received by County Clerk on April 21, 2006. 06-07099