| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 08/06/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from John Peter Lee- check no. 32855. | | |
| 08/06/2004 | Notice of Appeal Documents | Filed 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.) | | 04-14310
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| 08/10/2004 | Notice/Outgoing | Issued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days. | | |
| 08/13/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | | |
| 08/17/2004 | Motion | Filed Stipulation. Stipulation to Consolidate Appeals and Briefing Schedules. Nos. 43185 and 43740 | | 04-14889
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| 08/25/2004 | Docketing Statement | Filed Docketing Statement. | | 04-15386
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| 08/27/2004 | Transcript | Filed Transcript. Proceedings: May 20, 2003. Court Reporter: Deborah Ann Hines. | | 04-15627
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| 08/27/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 01/08/04; 01/15/04; 03/08/04; 07/19/04; and 05/20/03. To Court Reporter: Deborah VanBlaricom. | | 04-15632
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| 12/08/2004 | Motion | Filed Motion to Extend Time. | | 04-22381
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| 12/15/2004 | Motion | Filed Response to Motion. Limited Opposition to Motion for Enlargement of Time to File Opening Brief. Nos. 43185 and 43740 (not consolidated). | | 04-22859
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| 12/21/2004 | Order/Procedural | Filed Order. Regarding Transcripts. To date, the court reporters have not filed the requested transcripts for proceedings held on January 8 and 15, 2004, March 8, 2004, and July 19, 2004. The court reporters shall have 20 days from the date of this order to prepare and file that requested transcripts. If more time is needed to complete the preparation of those transcripts, the court reporters shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, the court reporters shall notify this court, in writing, of this fact. Fn1 [A copy of the transcript request form is attached to this order.] | | 04-23284
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| 01/06/2005 | Other | Returned Mail. Order filed 12/21/04 addressed to Kit McDonald remailed to corrected address with corrected spelling. (MacDonald) | | |
| 01/21/2005 | Transcript | Filed Transcript. Proceedings: 01/08/04; 01/15/04; and 03/08/04. Court Reporter: Kit MacDonald. | | 05-01432
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| 01/28/2005 | Transcript | Filed Transcript. Proceedings: July 19, 2004. Court Reporter: Debbie Van Blaricom. | | 05-01842
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| 04/27/2005 | Notice/Incoming | Filed Proof of Service. of 1/16/01 transcript on counsel for respondent. | | 05-08305
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| 04/27/2005 | Notice/Incoming | Filed Proof of Service. of trancripts on counsel for respondent. | | 05-08306
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| 05/02/2005 | Order/Procedural | Filed 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) | | |
| 08/03/2005 | Motion | Filed Motion and Order/Excess Pages. Granted: 31 pages. Nos. 43185/43740 (05-15392). | | |
| 08/03/2005 | Brief | Filed Opening Brief. Nos. 43185/43740 (05-15393). | | |
| 08/03/2005 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 3. Nos. 43185/43740 (05-15394). | | |
| 09/07/2005 | Motion | Filed 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). | | |
| 09/07/2005 | Brief | Filed Answering Brief. Respondent/Cross-Appellant Foothill Captial Corporation's Answering Brief, and Opening Brief on Cross-Appeal. Nos. 43185/43740 (05-17641).
02/24/06 Order: brief stricken. Nos. 43185/43740.jcr | | |
| 09/07/2005 | Appendix | Filed Appendix to Answering Brief. Respondent/Cross-Appellant Foothill Capital Corporation's Appendix, Vols. 1 through 5. Nos. 43185/43740 (05-17643).
02/24/06 Order: appendix stricken. Nos. 43185/43740.jcr | | |
| 09/07/2005 | Motion | Filed 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). | | |
| 09/14/2005 | Notice/Incoming | Filed 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). | | |
| 09/19/2005 | Motion | Filed Response to Motion. Opposition to Foothill Capital Corporation's to Request for Judical Notice. Nos. 43185/43740 (05-18598). | | |
| 09/29/2005 | Motion | Filed 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). | | |
| 10/05/2005 | Motion | Filed 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). | | |
| 10/10/2005 | Motion | Filed 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) | | |
| 10/18/2005 | Motion | Filed Response to Motion. Opposition to Supplemental Request for Judicial Notice with Affidavit in Support Thereof. Nos. 43185/43740. (05-20609) | | |
| 02/24/2006 | Order/Procedural | Filed 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) | | |
| 03/17/2006 | Letter/Incoming | Filed Letter. Notice of firm name change and address change (Buchalter Nemer). Nos. 43185/43740 (06-05785). | | |
| 03/29/2006 | Motion | Filed 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). | | |
| 03/29/2006 | Brief | Filed Amended Brief. Foothill Captial Corporation's Amended Answering Brief, and Opening Brief on Cross-Appeal. Nos. 43185/43740 (06-06632). | | |
| 03/29/2006 | Appendix | Filed Appendix to Answering Brief. Foothill Capital Corporation's Amended Appendix. Vols. 1 thorugh 5. Nos. 43185/43740 (06-06635). | | |
| 04/24/2006 | Motion | Filed Stipulation and Order. Brief due: May 26, 2006. Nos. 43185/43740 (06-08577). | | |
| 05/30/2006 | Brief | Filed Reply Brief. Appellants/Cross-Respondents' Answering Brief on Cross-Appeal and Reply Brief on Appeal. Nos. 43185/43740 (06-11338). | | |
| 05/30/2006 | Appendix | Filed Appendix to Reply Brief. Appellant/Cross-Respondent. Nos. 43185/43740 (06-11340). | | |
| 06/19/2006 | Motion | Filed Motion to Consolidate. Stipulation to Consolidate Appeals and Request for Exemption of Participation in Settlement Conference Program. Nos. 43185/43740/47511. | | 06-12698
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| 06/22/2006 | Motion | Filed Motion and Order Extending Time. Brief due: July 11, 2006. Nos. 43185/43740 (06-12956). | | |
| 07/13/2006 | Brief | Filed Reply Brief on Cross-Appeal. Nos. 43185/43740 (06-14529). | | |
| 07/27/2006 | Order/Procedural | Filed 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). | | |
| 09/27/2006 | Notice/Incoming | Filed Notice. Notice that Transcript of Proceedings is Unavailable in Appeal No. 47511. Nos. 43185/43740/47511 (06-19832). | | |
| 09/27/2006 | Brief | Filed Opening Brief. Foothill Capital Corporation's Opening Brief in Appeal No. 47511. Nos. 43185/43740/47511 (06-19833). | | |
| 09/27/2006 | Appendix | Filed Appendix to Opening Brief. Foothill Capital Corporation's Appendix to Opening Brief in Appeal No. 47511. Nos. 43185/43740/47511 (06-19834). | | |
| 10/19/2006 | Motion | Filed Motion and Order Extending Time. Brief due: November 29, 2006. Nos. 43185/43740/47511. [06-21505] | | |
| 12/01/2006 | Brief | Filed Answering Brief. Nos. 43185/43740/47511 (06-24634). | | |
| 12/29/2006 | Motion | Filed Motion and Order Extending Time. Appellant in 47511. Brief due: January 5, 2007. Nos. 43185/43740/47511 (06-26659). | | |
| 01/05/2007 | Motion | Filed Motion to Extend Time. Appellant in 47511. Nos. 43185/43740/47511. [07-00325] | | |
| 01/09/2007 | Order/Procedural | Filed 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) | | |
| 01/17/2007 | Brief | Filed Reply Brief. Appellant in 47511. Nos. 43185/43740/47511 (07-01168). | | |
| 11/19/2007 | Order/Dispositional | Filed 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. | | 07-25099
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| 12/06/2007 | Motion | Filed Motion. Motion for Enlargement of Time to File Petition for Rehearing based upon Stipulation of the Parties. Nos. 43185/43740/47511 [07-26374] | | |
| 12/10/2007 | Motion | Filed Stipulation. Stipulation to Enlarge the Time to File a Petition for Rehearing (with original signatures). Nos. 43185/43740/47511 (07-26771). | | |
| 12/12/2007 | Order/Procedural | Filed Order Granting Motion. Appellants shall have until January 22, 2008, to file and serve the petition for rehearing. Nos. 43185/43740/47511 (07-27017). | | |
| 01/17/2008 | Motion | Filed 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). | | |
| 01/23/2008 | Order/Procedural | Filed Order Extending Time. Time for filing appellants petition for rehearing extended to March 6, 2008. Nos. 43185/43740/47511 (08-01775). | | |
| 01/24/2008 | Motion | Filed Stipulation. Stipulation to Enlarge the Time to File a Peititon for Rehearing. Nos. 43185/43740/47511 (08-01809). | | |
| 03/06/2008 | Motion | Filed Motion to Extend Time. Appellant/Cross-Respondent. (Third Request). Nos. 43185/43740/47511 (08-05717). | | |
| 03/13/2008 | Order/Procedural | Filed Order. Granting Motion. Appellant's Petition for Rehearing due: April 21, 2008. Nos. 43185/43740/47511 (08-06264). | | |
| 04/21/2008 | Motion | Filed Motion to Extend Time. (Fourth Request). Nos. 43185/43740/47511 (08-09805). | | |
| 04/25/2008 | Order/Procedural | Filed 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). | | |
| 05/22/2008 | Motion | Filed Motion to Extend Time. (Fifth Request). Nos. 43185/43740/47511 (08-12878). | | |
| 06/12/2008 | Order/Procedural | Filed 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] | | |
| 06/20/2008 | Motion | Filed Motion to Extend Time. Motion for Enlargement of Time to File Petition for Rehearing. (Sixth Request). Nos. 43185/43740/47511 (08-15835). | | |
| 07/11/2008 | Order/Procedural | Filed Order. Granting Motion. Appellant's Petition for Rehearing due: 30 days. Nos. 43185/43740/47511 (08-17853). | | |
| 07/22/2008 | Motion | Filed Motion to Extend Time. (Seventh Request). Nos. 43185/43740/47511 (08-18861). | | |
| 08/06/2008 | Order/Procedural | Filed Order. Granting Motion. Appellant's Petition for Rehearing due: September 22, 2008. Nos. 43185/43740/47511 (08-20420). | | |
| 09/17/2008 | Motion | Filed Stipulation/Dismiss Appeal. Stipulation for Dismissal with Prejudice. Nos. 43185/43740/47511 (08-23954) | | |
| 03/03/2009 | Order/Procedural | Filed 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). | | |
| 03/12/2009 | Motion | Filed 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). | | |
| 03/27/2009 | Order/Dispositional | Filed 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 | | 09-07720
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| 03/27/2009 | Case Status Update | Case Closed. No remittitur issued. | | |