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United States Court Cases

Nevada Supreme/Appellate Court Record

FAYEGHI VS. SORENSON C/W 36303

Case Information: 36384
Short Caption:FAYEGHI VS. SORENSON C/W 36303Court:Supreme Court
Consolidated: 36303 *, 36384Related Case(s): 36303
Lower Court Case(s):Clark Co. - Eighth Judicial District - A337233Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:07/10/2000 / Christensen, ThomasSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/08/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/05/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 076440.
07/05/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-11422
07/10/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Thomas F. Christensen. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
12/26/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-22447
12/26/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
01/17/2001Order/ProceduralFiled Order/Briefing Schedule. We hereby consolidate the above-entitled matters for all appellate purposes. The parties were unable to agree to a settlement of these matters. Upon the filing of the docketing statement in Docket No. 36384, this court shall conduct a preliminary jurisdictional review of these appeals. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve a single opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 36303, 36384. Document No. 01-01022.
01/18/2001Docketing StatementReceived Docketing Statement. 01-01110
02/05/2001MotionFiled Motion to Extend Time. in no. 36384. Nos. 36303/36384 01-02288
02/05/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/14/00, 2/25/00, 3/14/00, 3/16/00, 3/21/00, 3/24/00 and 6/12/00. To Court Reporter: none listed. Nos. 36303 and 36384 (01-02334).
02/12/2001Transcript RequestFiled Request for Transcript of Proceedings. (Amended)Transcripts requested: 2/14/00; 3/21/00; 3/24/00; 6/12/00; 3/14/00; 2/25/00; 3/16/00. To Court Reporter: Karen Snyder. Nos. 36303/36384. (01-02781).
02/20/2001Order/Clerk'sFiled Clerk's Order Granting Motion. The clerk shall file the docketing statement for docket No. 36384 received on January 18, 2001. Nos. 36303/36384.
02/20/2001Docketing StatementFiled Docketing Statement. 01-01110
04/27/2001Order/ProceduralFiled Order. On February 12, 2001, appellant filed an amended transcript request form in these consolidated appeals requesting the preparation of transcripts by court reporter Karen Snyder. Appellant specifically requests the production of transcripts for proceedings conducted on February 14, 2000; February 25, 2000; March 14, 2000; March 16, 2000; March 21, 2000; March 24, 2000; and June 12, 2000. Our review of the district court minute entries indicates that the proceedings conducted on those dates were not recorded. Accordingly, we conclude that court reporter Snyder is not obligated to produce the requested transcripts. Nos. 36303/36384. 01-07146
05/21/2001MotionFiled Stipulation and Order. Brief due: June 15, 2001. Nos. 36303/36384 (01-08469).
06/18/2001MotionFiled Motion to Extend Time. Nos. 36303/36384 (01-10115).
06/19/2001Order/ProceduralFiled Order Granting Motion. filed June 18, 2001. Appellant shall have to and including July 16, 2001, to file and serve the opening brief and appendix. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. Nos. 36303/36384. (01-10232)
07/18/2001MotionFiled Motion to Extend Time. Nos. 36303/36384 (01-12238).
08/20/2001MotionFiled Motion to Extend Time. Nos. 36303/36384 (01-14090)
08/27/2001MotionFiled Motion to Extend Time. Nos. 36303/36384. (01-14496)
08/29/2001MotionFiled Response to Motion. Respondent's Opposition to Motion to Extend Time for Filing Appellant's Opening Brief and Appendix and Counter Motion to Dismiss Appeal. Nos. 36303/36384 (01-14642).
09/10/2001BriefReceived Opening Brief. Mailed on: 09/07/01. Nos. 36303/36384 (01-15203).
09/10/2001AppendixReceived Appendix to Opening Brief. Vols. 1 through 3. Nos. 36303/36384 (01-15205).
09/12/2001MotionFiled Response to Motion. Appellant's Opposition to Counter-Motion to Dismiss Appeal. Nos. 36303/36384 (01-15440).
09/12/2001MotionFiled Motion to Extend Time. Motion to File Opening Brief with Incomplete Appendix. Nos. 36303/36384 (01-15442).
10/09/2001Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why these consolidated appeals should not be dismissed for lack of jurisdiction. Amended docketing statement due: 30 days. We caution appellant's counsel that we will not extend the deadline for respondening to this show cause order absent extreme and unforeseeable circumstances. Fn2 [We defer fuling on appellant's motions to again extend the time for filing the opening brief and to file an incomplete appendix, and on respondent's motion to dismiss these consolidated appeals. Nos. 36303/36384 (01-16911).
10/09/2001Notice/IncomingFiled Substitution of Attorneys. E.M. Gunderson in place and instead of William W. McGaha as counsel for respondent. Nos. 36303/36384 (01-16925)
10/09/2001MotionFiled Motion to Extend Time. Nos. 36303/36384 (01-16928)
11/13/2001MotionFiled Response to Order to Show Cause. (and Supplemental Appendix - filed separately). Nos. 36303/36384 (01-18904).
11/13/2001Docketing StatementFiled Docketing Statement. (Amended). Nos. 36303/36384 (01-01-18905).
11/13/2001AppendixFiled Appendix. Appellant's Supplemental Appendix Pages 606 through 780 (to Response to Order to Show Cause). Nos. 36303/36384 (01-18906).
12/07/2001Order/ProceduralFiled Order. Order Denying Motion to Dismiss, Granting Extensions and Imposing Sanctions. These are consolidated appeals. We ordered appellant to show cause why the appeals should not be dismissed for lack of jurisdiction. In response, appellant has submitted documents showing that all parties were formally dismissed, and all claims not on appeal were formally resolved before the judgment's entry. We conclude that we have jurisdiction. Before appellant finally submitted his opening brief and an incomplete appendix, he moved several time to extend the filing deadline. Respondent opposed the fifth request for extra time, and moved to dismiss the appeals for failure to prosecute. Because we prefer to dispose of cases on their merits, we deny the motion to dismiss, and we grant both parties' motions to extend the filing deadlines. We direct the clerk to file the opening brief and appendix received on September 10, 2001. Respondent shall have 45 days from the date of this order to file and serve an answering brief. Appellant shall then have 30 days to file and serve any reply brief. Wee will not extend the reply brief deadline absent a clear showing of extreme and unforeseeable circumstances. Because appellant's counsel's cavalier attitude toward appellant's duty, we ordered counsel to show cause why we should not impose sanctions. Counsel has not respondent. We conclude that sanctions are warranted to discourage similar disregard for our rules and orders in the future. Within 30 days from this order's date, the law firm of Beckley, Singleton, Chtd. shall pay $1,000 to the Nevada Supreme Court Law Library and provide proof of payment to this court's clerk. Nos. 36303/36384. (01-20519)
12/07/2001BriefFiled Opening Brief. Mailed on: 09/07/01. Nos. 36303/36384--brief filed in No. 36303. (01-15203)
12/07/2001AppendixFiled Appendix to Opening Brief. Volumes 1 through 3. Nos. 36303/36384--appendix filed in No. 36303. (01-15205)
12/31/2001Notice/IncomingFiled Proof of Payment of Sanction. $1,000 from Beckley Singleton, Chtd. to the Supreme Court Law Library (check no. 088719). Nos. 36303/36384
01/23/2002MotionFiled Motion to Extend Time. Nos. 36303/36384 (02-01527).
01/28/2002Order/ProceduralFiled Order Granting Motion. filed January 23, 2002. Respondent shall file and serve the answering brief and respondent's appendix by February 21, 2002. (02-01790). Nos. 36303/36384.
02/19/2002MotionFiled Motion for Excess Pages. Nos. 36303/36384 (02-03130).
02/19/2002BriefReceived Answering Brief. Nos. 36303/36384. Mailed on: 2/15/02 - Federal Express (02-03131).
02/19/2002AppendixReceived Appendix. (Respondent's) Nos. 36303/36384 (02-03132).
02/22/2002Order/ProceduralFiled Order Granting Motion. filed February 19, 2002. The clerk of this court shall file the 54-page answering brief and the appendix received on February 19, 2002. Appellant shall have 30 days from the date of this order to file and serve a reply brief. Nos. 36303/36384. (02-03361)
02/22/2002BriefFiled Answering Brief. Mailed on: 02/15/02-Federal Express. Signed by E. M. Gunderson. Nos. 36303/36384--brief filed in No. 36303. (02-03131)
02/22/2002AppendixFiled Appendix to Answering Brief. Nos. 36303/36384--appendix filed in No. 36303. (02-03132)
03/27/2002MotionFiled Motion to Extend Time. Nos. 36303/36384 (02-05420).
03/29/2002MotionFiled Response to Motion. Opposition to Appellant's "Motion to Extend Time for Filing Appellant's Reply Brief" (Sanctions Requested). Nos. 36303/36384. (02-05624)
04/01/2002MotionFiled Motion for Permission to File Document. Request to File Appellant's Reply to Opposition to Appellant's Motion t Extend Time for Filing Appellant's Reply Brief.
04/01/2002MotionReceived Reply to Response. Reply to Opposition to Appellant's Motion for Additional Time to File Reply Brief. Nos. 36303/36384 02-05792
04/03/2002Order/ProceduralFiled Order Denying Motion. On March 27, 2002, appellant filed a motion for extension of time to file and serve the reply brief. Respondent opposes the motion and requests this court to dismiss these appeals and impose santions against appellant. On April 1, 2002, appellant filed a motion to file a reply to respondent's motion. We grant appellant's motion to file a reply. The clerk of this court shall file the reply received on April 1, 2002. Having reviewed the motion, opposition and reply, we conclude that the need for additional time to respond to a 54-page answering brief does not constitute an extreme and unforeseeable circumstance. Accordingly, we deny the motion. No reply brief shall be filed in these consolidated appeals. Further, in the event these consolidated appeals are scheduled for oral argument, appellant will not be permitted to present a concluding or rebuttal argument unless such argument is requested by a justice. We admonish appellant's counsel for failing to comply with orders of this court and caution appellant's counsel that future failure to disregard orders of this court may result in the imposition of sanctions. In light of this order we deny respondent's request for dismissal of this appeal and for the imposition of sanctions. Nos. 36303/36384 (02-05908).
04/03/2002MotionFiled Reply to Response. Reply to Opposition to Appellant's Motion for Additional Time to File Reply Brief. Nos. 36303/36384 (02-05795).
04/04/2002MotionFiled Response to Motion. Respondent's Opposition to Appellant's "Request to File Appellant's Reply to Opposition to Appellant's Motion to Extend Time." Nos. 36063/36384 (02-06060)
07/08/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 36303/36384 (02-11534).
07/08/2002Case Status Update Submitted for Decision. Nos. 36303/36384.
10/15/2002Order/DispositionalFiled Dispositional Order/Appeal. Vacating Judgment and Remanding. fn1[On January 17, 2001, this court, for all appellate purposes, ordered the appeals consolidated in Docket No. 36303 and No. 36384.] 'ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order." SNP02-CY/DA/ML. Nos. 36303/36384. 02-17872
11/05/2002MotionFiled Motion to Extend Time. Motion to Enlarge Time for Filing Petition for Rehearing Re: Order Vacating Judgment and Remanding. Nos. 36303/36384 (02-19074).
11/07/2002Order/ProceduralFiled Order Granting Motion. filed on November 5, 2002. Respondent shall have until November 19, 2002, to file and serve a petition for rehearing in these consolidated appeals. Nos. 36303/36384. (02-19210)
11/20/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from R. Paul Sorenson - check no. 25454. Nos. 36303/36384.
11/20/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Federal Express. Nos. 36306/36384 (02-19944).
12/04/2002Post-Judgment OrderFiled Order/Rehearing Denied. Denying Rehearing and Request for Oral Argument. "Rehearing and request for oral argument denied." NRAP 40(c). Nos. 36303/36384. 02-20711
12/18/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on December 16, 2002. Nos. 36303/36384. (02-21635)
12/31/2002RemittiturIssued Remittitur. 02-22207
12/31/2002Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 3, 2003. 02-22207
02/13/2003OtherDisqualification of Justice Gibbons.
02/21/2003Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1[The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-Agosti, C.J., Shearing, J., Rose, J., and Leavitt, J. Becker, J., dissenting in part. Maupin, J., dissenting in part. Nos. 36303/36384. 03-02962
03/07/2003MotionFiled Motion. Motion for Compliance with NRAP 40A(f). Nos. 36303/36384. (03-03873)
03/24/2003MotionFiled Motion. Motion for Leave to File Brief of the Nevada Trial Lawyers Association as Amicus Curiae in Support of Position of Respondent - (Motion is in reference to Rule 40(f) - Nos. 36303/36384 (03-04962).
03/24/2003BriefReceived Amicus Brief. Amicus Curiae Brief in Support of Respondent's Motion to for Enforcement of Rule 40A(f), NRAP, and his Request to Recall Remittitur, if Necessary. Nos. 36303/36384 (03-04964).
04/24/2003Order/DispositionalFiled Dispositional Order/Appeal. Order Granting En Banc Reconsideration and Affirming the Panel Decision. On February 21, 2003, this court issued an order denying respondent R. Paul Sorensen's petition for en banc reconsideration. Upon further reflection, however, the court determined to resubmit this matter to the en banc court for reconsideration. Having carefully reconsidered the panel's order vacating judgment and remanding, entered October 15, 2002, and the panel's order denying rehearing, entered December 4, 2002, we conclude that the decision of the panel should remain unchanged. Accordingly, we affirm the panel's decision in its entirety. Becker, J. And Maupin, J., dissenting. fn1[We deny, as moot, respondent Sorenson's motion to compel this court to grant his petition for en banc reconsideration pursuant to NRAP 40A(f) or, alternatively, to publish the panel decision as an opinion. Further, we deny, as moot, the NTLA's motion for leave to file an amicus brief in support of respondent's position. The Honorable Mark Gibbons Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC. Nos. 36303/36384 03-07012
04/24/2003Other Returned Unfiled Document. Pursuant to 4/24/03 order, returned, unfiled, Nevada Trial Lawyers Association's Amicus Curiae Brief in Support of Respondent's Motion to for Enforcement of Rule 40A(f), NRAP, and his Request to Recall Remittitur, if Necessary. Nos. 36303/36384.
04/24/2003Order/ProceduralFiled Order. Recalling Remittitur. The remittitur issued in these consolidated appeals on December 31, 2002. The court subsequently determined to resubmit this matter to the en bance court for reconsideration. Accorgingly we hereby recall the remittitur previously issued in these appeals. Nos. 36303/36384. (03-07024)
05/20/2003RemittiturIssued Remittitur. 03-07725
05/20/2003Case Status Update Remittitur Issued/Case Closed.
06/05/2003RemittiturFiled Remittitur. Received by County Clerk on May 22, 2003. 03-07725