| Case Information: 42034 | |||
| Short Caption: | BEAZER HOMES VS. DIST. CT. (ROBINSON) | Court: | Supreme Court |
| Related Case(s): | 42536 , 43174 , 45185 , 45777 , 46292 , 48614 , 50170 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A443445 Clark Co. - Eighth Judicial District - A458788 Clark Co. - Eighth Judicial District - A464596 Clark Co. - Eighth Judicial District - A464595 | Classification: | Original Proceeding - Civil - Mandamus/Prohibition |
| Disqualifications: | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | 04/13/2004 at 10:30 AM | Oral Argument Location: | Carson City |
| Submission Date: | 04/13/2004 | How Submitted: | After Oral Argument |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 09/15/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Koeller, Nebeker, Carlson & Haluck, LLP--check no. 1432. | ||
| 09/15/2003 | Petition/Writ | Filed Petition for Writ of Mandamus or Prohibition. | 03-15426 | |
| 09/15/2003 | Motion | Filed Motion. Motion for Order Shortening Time. | 03-15430 | |
| 09/15/2003 | Motion | Filed Motion to Consolidate. Nos. 42034 and 41842 | 03-15431 | |
| 09/24/2003 | Order/Procedural | Filed Order/Answer Writ Petition. The real parties in interest, on respondents behalf, shall have 25 days from this order's date to file an answer, including authorities, against issuance of the requested writ(s). fn3[NRAP 21(b). We defer ruling on petitioner's motions to consolidate and for an order shortening time, pending our receipt and consideration of the real parties in interest's answer.] | 03-16026 | |
| 09/25/2003 | Motion | Filed Response to Motion. Opposition to Motion for Order Shortening Time. | 03-16083 | |
| 09/25/2003 | Motion | Filed Response to Motion. Opposition to Motion to Consolidate. Nos. 41842/42034. | 03-16084 | |
| 10/22/2003 | Motion | Filed Motion to Extend Time. Motion for Extension of Time within which to Answer the Petition for a Writ of Mandamus or in the Alternative for a Writ of Prohibition. (Fuller and Bolster) | 03-17598 | |
| 10/23/2003 | Motion | Filed Motion to Extend Time. Motion for Extension of Time within which to Answer the Petition for a Writ of Mandamus or in the Alternative for a Writ of Prohibition. (Robinson) | 03-17681 | |
| 10/23/2003 | Petition/Writ | Filed Answer to Petition for Writ. Answering Brief in Behalf of Real Party in Interest, the Highland Glen Homeowners Association. | 03-17689 | |
| 10/23/2003 | Other | Other. Filed Appendix to Answering Brief on Behalf of Real Party in Interest, the Highland Glen Homeowners Association. | 03-17690 | |
| 10/27/2003 | Petition/Writ | Filed Answer to Petition for Writ. Answering Brief on Behalf of Real Party in Interest, Colleen Fuller, Et. Al., and Daniel Bolster and Sharon Bolster. | 03-17882 | |
| 11/03/2003 | Notice/Incoming | Filed Proof of Service. Amended Certificate of Service. | 03-18318 | |
| 11/07/2003 | Order/Procedural | Filed Order. Denying and Granting Motions for Extension of Time. On October 22, 2003, real parties in interest Fuller filed in this court a motion, seeking a three-day extension of time to file an answer. On October 27, this court received and filed Fuller's answer. Thus, Fuller's motion is moot, and we deny it. On October 23, 2003, real party in interest William Robinson filed in this court a motion, also seeking a three-day extension of time to file an answer. We grant the motion, and we direct Robinson to file his answer within 3 days of this order's date. | 03-18719 | |
| 11/10/2003 | Petition/Writ | Filed Answer to Petition for Writ. Answer to Petition for Writ of Mandamus or Prohibition on Behalf of Real Parties in Interest William Robinson, et al., | 03-18784 | |
| 12/03/2003 | Order/Procedural | Filed Order. Docket No. 41842 is an original petition for a writ of mandamus that challenges a district court order denying Desert Fireplaces Plus, Inc.'s motion to dismiss in a construction defect case. Docket No. 42034 is an original petition for a writ of mandamus or prohibition that challenges district court orders denying Beazer Homes Nevada, Inc.'s motions to dismiss in four construction effect cases. In addition to the two writ petitions, several procedural motions are pending before this court. First, in Docket No. 41842, the Nevada Trial Lawyers Association (NTLA) seeks leave to file an amicus curiae brief in support of the real parties in interest. We conclude that NTLA has demonstrated good cause for its participation as amicus curiae in this case, and we direct the clerk of this court to file NTLA's amicus brief, received by this court on September 9, 2003. Second in Docket No. 41842, Beazer Homes Holdings Corp. also seeks leave to file an amicus brief in support of Desert Fireplaces' petition. Because Beazer's proposed amicus brief merely repeats points made in its Docket No. 42034 writ petition, we deny Beazer's motion to participate as an amicus curiae in Docket No. 41842. Accordingly, we direct the clerk of this court to return, un-filed, Beazer's amicus brief, received by this court on September 10, 2003. We further direct the clerk to return, un-filed, the document submitted by real parties in interest Saxton Inc. and Saratoga Land that was received by this court on September 24, 2003, in reply to Beazer's brief. Third, in Docket No. 41842, petitioner Desert Fireplaces summarily requests a stay of discovery and trial pending a decision on its petition. We deny Desert Fireplaces; request for a stay. Fourth, in Docket No. 42034, petitioner Beazer Homes has filed a motion to consolidate its writ petition with Desert Fireplaces' writ petition. Real party in interest Highland Glen Homeowners Association opposes consolidation. We decline to consolidate them, as the petitions arise from separate transactions and there is no overlap in parties, other than the respondent judges. Thus, we deny Beazer Homes' motion to consolidate. Nevertheless, we shall consider, but not necessarily resolve, the writ petitions in Docket Nos. 41842 and 42034 together. We deny as moot Beazer Homes' motion for an order shortening time so that its writ petition can be heard at the same time as Desert Fireplaces' writ petition. And to the extent Beazer seeks an exemption from this court's settlement conference program, we note that writ petitions are not ordinarily scheduled for settlement conference. We deny the requested exemption as moot. Nos. 48142 / 42034 – cases are not consolidated. | 03-20073 | |
| 02/20/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 13, 2004, at 10:30 a.m. (NNP04-NB/DA/MG) | ||
| 03/30/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 04/13/2004 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP04-NB/DA/MG | ||
| 09/13/2004 | Opinion/Dispositional | Filed Authored Opinion. "Petition Denied." Before Becker, Agosti and Gibbons, JJ. Author: Becker, J. We concur: Agosti, J. and Gibbons, J. 120 Nev. Adv. Opn. No. 66. NNP04 | 04-16686 | |
| 09/23/2004 | Notice/Outgoing | Issued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion: page 18, footnote 46. | ||
| 10/08/2004 | Remittitur | Issued Notice in Lieu of Remittitur. | 04-17127 | |
| 10/08/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||