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United States Court Cases

Nevada Supreme/Appellate Court Record

HERUP VS. FIRST BOSTON FINANCIAL

Case Information: 45773
Short Caption:HERUP VS. FIRST BOSTON FINANCIALCourt:Supreme Court
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 02CV0305Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/19/2005 / Hawkins, JohnSP Status:Completed
Oral Argument:05/09/2007 at 10:00 AMOral Argument Location:Carson City
Submission Date:05/09/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/15/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from The Law Offices of Robert C. Herman--check no. 1431.
08/15/2005Notice 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.) 05-16152
08/19/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: John W. Hawkins. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/19/2005Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 05-16497
08/23/2005Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlement Judge. 05-16664
08/30/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Brooke Shaw Zumpft--check no. 027598.
08/30/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 05-17206
08/30/2005Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
08/31/2005Notice/Outgoing Letter. John W. Hawkins. (Notice of Cross-Appeal)
09/02/2005MotionFiled Motion. Motion for Change of Designation of Parties. 05-17451
09/08/2005Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. Issued Notice to Provide Proof of Service on Settlement Judge. 05-17780
09/20/2005Notice/IncomingFiled Proof of Service. Certificate of Service upon Settlement Judge. 05-18683
10/19/2005Order/ProceduralFiled Order Granting Motion. Changing Designation of Parties. The clerk shall change the caption by designating "Hans Joseph Herup and Herup Holdings, LLC," as appellants/cross-respondents and "First Boston Financial. LLC, A Wyoming Limited Liability Company," as respondent/cross-appellant. 05-20724
11/07/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-21942
12/05/2005Settlement 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. Appellants/cross-respondents (appellants) and respondent/cross-appellant (respondent) each: 15 days to comply with NRAP 9(a). Appellants: 90 days to file and serve opening brief and appendix. 05-23702
12/28/2005Notice/OutgoingIssued Notice to Request Transcripts. Apellant/Cross-Respondent and Respondent/Cross-Appellant.
01/04/2006Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant. 06-00220
01/05/2006Transcript RequestFiled Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: 04/04/05. To Court Reporter: Jacqueline Adams. 06-00270
01/20/2006TranscriptFiled Transcript. Proceedings: 04/04/05. Court Reporter: Jacqueline Adams. 06-01475
03/02/2006BriefFiled Opening Brief. Appellants/Cross-Respondents. 06-04686
03/02/2006AppendixFiled Joint Appendix. Vols. 1 through 3. 06-04690
03/08/2006Order/ProceduralFiled Order/Show Cause. First Boston and Herup shall have 15 days from the date of this order to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. The briefing schedule for this appeal and cross-appeal shall be suspended pending further order of this court. 06-05077
03/10/2006Letter/IncomingFiled Letter. from office of Robert C. Herman requesting an extension of time to respond to order to show cause. 06-05280
03/16/2006Notice/IncomingFiled Proof of Service. - Certificate of Service by Hand Delivery (Letter filed on 03/10/06). 06-05732
03/24/2006MotionFiled Response to Order to Show Cause. Respondent/Cross-Appellant First Boston. 06-06238
05/04/2006Order/ProceduralFiled Order. Second Order to Show Cause. This court lacks jurisdiction to consider this appeal and cross-appeal as no final judgment has been entered. First Boston and Herup: 30 days to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. We caution First Boston and Herup that failure to obtain the district court's certification under NRCP 54 (b) or an order finally resolving the pending cross-claim will result in this court's immediate dismissal of this appeal and cross-appeal. The briefing schedule shall remain suspended pending further order of this court. Fn3[We grant the March 10, 2006 request. The clerk shall file the response submitted by Herup on March 30, 2006.] Fn8[ We decline Herup's request to "refer" this matter back to the district court and First Boston's request for remand.] 06-09335
05/04/2006MotionFiled Response to Order to Show Cause. Appellant's Reply to Order to Show Cause. 06-06759
05/17/2006MotionFiled Stipulation. 06-10425
05/30/2006Notice/IncomingFiled Notice. Notice of Judgment on Cross-Claim and for Certification as Final Judgment. 06-11278
07/05/2006Order/ProceduralFiled Order. Allowing Appeal and Cross-Appeal to Proceed and Reinstating Briefing. Transcript requests due: 15 days. Opening Brief: 90 days. 06-13778
08/04/2006BriefFiled Answering Brief. Respondent's Answering Brief and Cross-Appellant's Opening Brief.clerk7 09/21/06 Order: brief stricken.jcr 06-16367
09/05/2006MotionFiled Motion. Motion for Leave to file Amended Brief. 06-18315
09/06/2006BriefFiled Reply Brief. Appellants' Reply Brief and Cross-Respondents' Answering Brief. 06-18419
09/21/2006BriefFiled Reply Brief on Cross-Appeal. 06-19435
09/21/2006Order/ProceduralFiled Order Granting Motion. The clerk shall strike the combined brief filed by First Boston on August 4, 2006, and file the amended combined brief that was received on September 5, 2006. 06-19451
09/21/2006BriefFiled Answering Brief. Respondent's Amended Answering Brief and Cross-Appellant's Amended Opening Brief. 06-18330
03/20/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on May 9, 2007, at 9:30 a.m. (NNP07-RP/JH/NS) 07-06359
04/25/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-09174
05/07/2007Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on May 9, 2007, at 10:00 a.m. (NNP07-RP/JH/NS) 07-10161
05/09/2007Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP07-RP/JH/NS
07/26/2007Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before Parraguirre, Hardesty and Saitta, JJ. Author: Hardesty, J. We concur: Parraguirre and Saitta, JJ. 123 Nev. Adv. Opn. No. 27. NNP07 07-16386
08/21/2007RemittiturIssued Remittitur. 07-16561
08/21/2007Case Status Update Remittitur Issued/Case Closed.
08/24/2007RemittiturFiled Remittitur. Received by County Clerk on August 22, 2007. 07-16561