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United States Court Cases

Nevada Supreme/Appellate Court Record

LANDMARK HOMES VS. SIERRA GATEWAY VENTURES C/W 46442

Case Information: 45951
Short Caption:LANDMARK HOMES VS. SIERRA GATEWAY VENTURES C/W 46442Court:Supreme Court
Consolidated:45951*, 46442 Related Case(s): 45792 , 46442
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0304778Classification:Civil Appeal - General - Other
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:09/29/2005 / Gang, LeonardSP Status:Completed
Oral Argument:05/08/2007 at 9:00 AMOral Argument Location:Carson City
Submission Date:05/08/2007How Submitted:After Oral Argument
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/19/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lemons firm - check no. 11571.
09/19/2005Notice 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.) 05-18589
09/19/2005MotionFiled Motion for Stay. Emergency Motion for Stay Pending Appeal. 05-18609
09/21/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 05-18736
09/22/2005OtherDisqualification of Justice Hardesty. Participated in district court proceedings.
09/22/2005MotionFiled Motion. Motion to determine Jurisdiction. 05-18846
09/23/2005Order/ProceduralFiled Order. Denying Stay. Appellants have filed an emergency stay motion. We deny appellants' motion. 05-18893
09/23/2005MotionFiled Motion to Extend Time. Emergency Motion to Extend Time to Repond to Appellants' Motion to Determine Jurisdiction. 05-18980
09/26/2005Docketing StatementFiled Docketing Statement. Respondents/Cross-Appellants Landmark Homes, Santerra, LLC, Bawden & Borrego 05-19054
09/27/2005MotionFiled Response to Motion. Petitioners' Response to Respondents' Emergency Motion to Extend Time to Respond to Motion to Determine Jurisdiction. 05-19155
09/28/2005MotionFiled Response to Motion. 05-19287
09/28/2005AppendixFiled Appendix. In Support of Respondents' Opposition to Appellants' Motion to Determine Jurisdiction. 05-19288
09/29/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Leonard I. Gang . (Briefing and preparation of transcripts suspended pending further order of this court.)
10/12/2005Notice/IncomingFiled Proof of Service. Docketing Statement mailed to Settlement Judge. 05-20215
10/17/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Robison Belaustegui Sharp & Low--check no. 61384.
10/17/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Plaintiff's Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 05-20449
10/17/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Arrascada & Arrascada, Ltd.--check no. 7812.
10/17/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Serpa) (Docketing statement mailed to counsel for appellant.) 05-20451
10/18/2005Notice/Outgoing Letter. Leonard I. Gang. (Supplemental Notice of Appeal and Notice of Cross-Appeal)
11/01/2005Docketing StatementFiled Docketing Statement. Appellants/Cross-Respondents. 05-21562
11/02/2005Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant Serpa. 05-21633
11/03/2005Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlement Judge. 05-21752
12/09/2005Order/ProceduralFiled Order Denying Motion. to Determine Jurisdiction without prejudice to appellants' right to file such a motion upon the conclusion of settlement proceedings. As the response was timely filed, we deny as moot respondents' motion for an extension of time. 05-24089
12/19/2005MotionFiled Motion. Motion to Reduce Bond Established by District Court for Stay pending Appeal; and Request for Temporary Stay if this Motion Cannot be Determined by January 4, 2006. 05-24601
12/21/2005Letter/IncomingFiled Letter. --copy of letter from Pat Lundvall to Washoe County Clerk regarding inconsistencies in the filing dates on the docket sheet in this case. 05-24890
12/23/2005Order/ProceduralFiled Order Granting Motion. for Temporary Stay. fn1[We direct the clerk to amend the caption on this court's docket to conform with the caption on this order.] We grant appellants' motion for a temporary stay. Execution of the judgment entered in Second Judicial District Court Case No. CV0304778 shall be stayed until further order of this court. 05-25033
12/27/2005MotionFiled Response to Motion. Respondents' Opposition to Motion to Reduce Bond Established by the District Court for Stay Pending Appeal; Request that Emergency Temporary Stay be Terminated. 05-25212
12/27/2005AppendixFiled Appendix. Exhibits to Opposition. 05-25216
01/04/2006MotionFiled Motion for Permission to File Document. Appellants' Request for Permission to file Reply to Opposition to Motion to Reduce Bond Established by District Court for Stay Pending Appeal. 06-00183
01/06/2006MotionFiled Response to Motion. Respondents' Opposition to Appellants' Request for Permission to file Reply to Opposition to Motion to Reduce Bond Established by District Court for Stay Pending Appeal. 06-00384
01/27/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 45951/46442-cases are not consolidated. 06-02095
02/01/2006MotionFiled Motion. Renewal of Motion to Determine Jurisdiction. 06-02333
02/06/2006MotionFiled Response to Motion. Respondents' Opposition to Appellants' Renewal of Motion to Determine Jurisdiction. 06-02617
02/07/2006Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant/cross-respondents (appellants) and respondents/cross-appellants (respondents): shall each have15 days to comply with NRAP 9(a). Appellants: 90 days to file and serve opening brief and appendix. fn1[Appellant/cross - respondent, John C. Serpa, is only a party in No. 45951. Mr. Serpa should only address the issues in that appeal in his opening brief.] fn2[Because appellant/cross-respondent, John C. Serpa, is only a part in No. 45951, Mr. Serpa shll only file a reply brief on appeal, not a combined reply brief on appeal and answering brief on cross-appeal.] Nos. 45951/46442. (06-02679) 06-02679
02/24/2006Transcript RequestFiled Certificate of No Transcript Request. Appellants/Cross-Respondents Landmark Homes, Santerra, LLC, Bawden & Borrego. Nos. 45951/46442. 06-04154
03/02/2006Notice/OutgoingIssued Notice to Request Transcripts. Appellant/Cross-Respondent Serpa and Respondents/Cross-Appellants. Nos. 45951/46442
03/03/2006Transcript RequestFiled Certificate of No Transcript Request. Nos. 45951/46442. 06-04841
03/07/2006Transcript RequestFiled Certificate of No Transcript Request. Respondents'/Cross-Appellants' Certification Pursuant to NRAP 9(a). Nos. 45951/46442. (06-05002) 06-05002
04/05/2006Order/ProceduralFiled Order/Show Cause. Appellants and cross-appellants shall have 20 days from the date of this order to show cause why these appeals and this cross-appeal should not be dismissed for lack of jurisdiction. Any replies may be filed within 10 days from the date when the responses are served. Briefing and the preparation of transcripts shall be suspended until further order of this court. fn5[We defer ruling on the motion renewed on February 1, 2006 and the motion filed on December 19, 2005.] Nos. 45951/46442. (06-07094) 06-07094
04/25/2006MotionFiled Response to Order to Show Cause. Regarding Jurisdiction. Nos. 45951/46442. 06-08667
04/25/2006MotionFiled Response to Order to Show Cause. Appellant John Serpa's Response to Order to Show Cause. Nos. 45951/46442. (06-08697) 06-08697
04/25/2006MotionFiled Response to Order to Show Cause. Respondents/Cross-Appellant's Response to Order to Show Cause. Nos. 45951/46442. (06-08698) 06-08698
05/05/2006MotionFiled Reply to Response. Appellant John Serpa's Reply Regarding Order to Show Cause. Nos. 45951/46442. (06-09440) 06-09440
05/05/2006MotionFiled Reply to Response. Respondent/Cross-Appellant's Reply to Landmark and Serpa's Responses to Order to Show Cause. Nos. 45951/46442. 06-09510
05/08/2006MotionFiled Reply to Response. Appellant's Reply Regarding Order to Show Cause (Landmark; Santerra; Bawden; and Borrefo). Nos. 45951/46442. 06-09643
05/15/2006MotionFiled Motion. Respondents' Request for Judicial Notice. Nos. 45951/46442. 06-10196
05/19/2006Order/ProceduralFiled Order/Show Cause. Serpa and cross-appellants due: 15 days. We caution the parties that failure to demonstrate that this court has jurisdiction may result in this court's dismissal of Serpa's appeal and the cross-appeal with respect to Serpa. Any replies may be filed within five days from the date that a response is served. The briefing schedule in this appeal shall remain suspended pending further order of this court. Nos. 45951/46442. 06-10545
05/31/2006MotionFiled Response to Order to Show Cause. Appellant John Serpa. Nos. 45951/46442. 06-11389
06/05/2006MotionFiled Response to Order to Show Cause. Cross-Appellants' Response to Court's May 19, 2006 Order to Show Cause. Nos. 45951/46442. 06-11740
06/08/2006Order/ProceduralFiled Order Granting Motion. to Reduce Supersedeas Bond. We grant appellants' motion to reduce the supersedeas bond amount by $10,620,000, and vacate our temporary stay in this matter Appellants shall have 15 days from the date of this order to obtain an appropriate bond, post that bond with the district court, and provide this court with proof that the bond has been posted with the district court. We deny appellants' motion for leave to file a reply to respondents' opposition. fn14[We defer ruling on the pending jurisdictional issues and respondents' request for judicial notice pending our receipt and consideration of responses to our May 19, 2006 order to show cause.] Nos. 45951/46442. (06-12012) 06-12012
06/23/2006MotionFiled Response to Order to Show Cause. Nos. 45951/46442. 06-13120
07/10/2006Order/ProceduralFiled Case Processing Order. Order Dismissing Cross-Appeal and Partially Dismissing Appeal in Docket No. 45951, and Reinstating Briefing on an Expedited Basis. Serpa's appeal in Docket No. 45951 is dismissed. fn1[We grant respondents May 15, 2006 request for judicial notice. We take judicial notice of the district court's May 9, 2006 order granting respondents motion to dismiss based on the stipulation and proposed order.] We deny appellants' February 1, 2006 renewed motion, filed in Docket No. 45951, to the extent that it seeks dismissal of the cross-appeal based on a 'without' prejudice designation. fn3[The motion is denied as moot in all other respects.] We dismiss the cross-appeal in Docket No. 45951 in its entirety. Briefing in these appeals shall be reinstated on an expedited basis. Opening brief and appendix due: 30 days. Respondents: 30 days after service of appellants' opening brief to file answering brief. After service of respondents brief, appellants shall have 20 days to file reply brief. No extensions of the briefing schedule shall be granted absent extreme and unforeseeable circumstances. We conclude that this matter should be resolved by the full court. Upon completion of briefing, the clerk shall set the appeal for a sixty-minute argument on the next available en banc oral argument calendar. Nos. 45951/ 46442. 06-14119
08/09/2006MotionFiled Motion for Excess Pages. 62 pages. Nos. 45951/46442. 06-16565
08/16/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the 62-page opening brief and the appendix received on August 9, 2006. Answering brief due; 30 days. Nos. 45951/46442. (06-17042) 06-17042
08/16/2006BriefFiled Opening Brief. Nos. 45951/46442. (06-16566) 06-16566
08/16/2006AppendixFiled Appendix to Opening Brief. Volumes 1 through 27. Nos. 45951/46442. (06-16567) 06-16567
09/11/2006MotionFiled Motion for Excess Pages. Nos. 45951/46442. 06-18764
09/13/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the answering brief received on September 11, 2006. Reply Brief due: 30 days. Nos. 45951/46442. (06-18851) 06-18851
09/13/2006BriefFiled Answering Brief. Nos. 45951/46442. (06-18768) 06-18768
10/13/2006MotionFiled Motion and Order/Excess Pages. Granted: 50 pages (Reply Brief). Nos. 45951/46442. 06-21166
10/13/2006BriefFiled Reply Brief. Nos. 45951/46442. 06-21169
02/01/2007Letter/IncomingFiled Letter. from attorney Robert Eisenberg requesting that oral argument be set for April or May. Nos. 45951/46442 07-02570
03/20/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on May 8, 2007, at 9:00 a.m. (En Banc) (Nos. 45951/46442) 07-06345
04/20/2007BriefFiled Supplemental Authorities. Appellant's Supplemental Memorandum of Authorities (Oral Argument: may 8, 2007). Nos. 45951/46442. 07-08901
04/23/2007Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 45951/46442 07-08956
05/08/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 45951/46442
06/25/2007Notice/OutgoingIssued Letter. to Governor Jim Gibbons requesting an executive order to Judge Allan R. Earl to sit in place of Justice Hardesty. Nos. 45951/46442. 07-13882
06/27/2007Order/IncomingFiled Executive Order. District Judge Alan R. Earl appointed to sit in the place of Justice James Hardesty. Nos. 45951/46442 07-14073
09/18/2007Order/DispositionalFiled Order of Reversal and Remand. "ORDER the judgments of the district court REVERSED AND REMANDED for proceedings consistent with this Order." Fn19 [The Honorable Allan R. Earl, Judge of the Eighth Judicial District Court, was designated by the Governor to sit in place of the Honorable James W. Hardesty, Justice.] EN BANC WM/MG/RP/MD/MC/NS/AE. Nos. 45951/46442. 07-20594
10/16/2007RemittiturIssued Remittitur. 07-20647
10/16/2007Case Status Update Remittitur Issued/Case Closed.
10/22/2007RemittiturFiled Remittitur. Received by County Clerk on October 18, 2007. 07-20647