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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: RESORT AT SUMMERLIN LITIGATION C/W 39239

Case Information: 38362
Short Caption:IN RE: RESORT AT SUMMERLIN LITIGATION C/W 39239Court:Supreme Court
Consolidated:38362*, 39239 Related Case(s): 36572 , 38716 , 39239 , 41376
Lower Court Case(s):Clark Co. - Eighth Judicial District - A412247Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:08/30/2001 / Levitt, LansfordSP Status:Completed
Oral Argument:09/13/2005 at 9:00 AMOral Argument Location:Carson City
Submission Date:09/13/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/23/2001OtherDisqualification of Justice Leavitt. Law firm of Leavitt, Sully & Rivers.
08/23/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Leavitt, Sully & Rivers--check no. 7980.
08/23/2001Notice 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 (attorney David Rivers).) 01-14293
08/27/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Jones Vargas--check no. 25447.
08/27/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Helix Electric, Inc. (Docketing statement mailed to counsel for appellant Helix Electric.) 01-14443
08/30/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/07/2001Docketing StatementFiled Docketing Statement. Appellant J.A. Jones Construction. 01-15102
09/11/2001Notice/Outgoing Letter. Lansford W. Levitt.
09/11/2001Docketing StatementFiled Docketing Statement. Amendment to Appellants' Docketing Statement. Appellant J.A. Jones Construction. 01-15270
09/13/2001Docketing StatementFiled Docketing Statement. Appellant Helix Electric. 01-15478
09/17/2001Docketing StatementFiled Response to Docketing Statement. Shea & Carlyon, LTD. 01-15718
09/18/2001Notice/Outgoing Letter. Lansford W. Levitt.
10/29/2001Settlement Program ReportFiled Interim Settlement Program Report. The Settlement Judge recommends this appeal be removed from the settlement program. 01-18074
11/27/2001Order/ProceduralFiled Order/Briefing Schedule. Pursuant to the written request of the settlement judge and good cause appearing, this appeal is removed from the settlement conference program. This court shall conduct a preliminary jurisdictional review of this appeal. Appellants: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 01-19822
12/11/2001Transcript RequestFiled Certificate of No Transcript Request. Appellant J. A. Jones Construction Company. 01-20791
12/21/2001Order/ProceduralFiled Order. On December 11, 2001, appellants filed a notice that no new transcripts are being requested. We elect to treat the notice as a motion to include, in the appendix, transcripts filed in the district court after the docketing of this appeal and grant the motion. Appellants may include the transcripts for proceedings conducted on June 13-15, 2001, in their appendix. 01-21553
03/15/2002MotionFiled Stipulation. Stipulation for Forty-Five (45) Day Extension in which to file Opening Brief. (J.A. Jones Construction Company) 02-04721
03/19/2002Order/Clerk'sFiled Clerk's Order Granting Motion. On March 15, 2002, the parties filed a stipulation providing that "Appellants be granted a 45-day extension in which to file their opening brief." The stipulation is signed by counsel for respondent and counsel for appellant J.A. Jones Construction Company only. fn1[The listing of counsel on this court's docket indicates that the 17 appellants in this appeal are represented by 12 different law firms.] Appellant J.A. Jones Construction Company shall have until May 13, 2002, to file and serve its opening brief and appendix. Pursuant to the order reinstating briefing filed on November 27, 2001, the opening briefs and appendices of the remaining appellants remain due to be filed and served by March 27, 2002. If all appellants intend to file a single opening brief or join in the opening brief of J.A. Jones Construction Company, they shall so inform this court in writing within 10 days from the date of this order. 02-04939
03/29/2002MotionFiled Stipulation. Stipulation to file Joint Opening Brief. 02-05615
03/29/2002Notice/IncomingFiled Notice of Appearance. Representing appellant LLO, Inc. dba ACME Electric: James E. Berchtold, Lewis and Roca. (document not file-stamped, not a certified copy) 02-05618
03/29/2002Notice/IncomingFiled Notice. Appellant Tiffiny's Notice of Intent to Join in Opening Brief of Appellant J.A. Jones Construction Co (signed by all appellants except Swiss Services and Sacramento Insulation). 02-05623
04/01/2002Other Other. Received letter from attorney David J. Rivers enclosing copy of faxed signature page for Donald Williams (Sacramento Insulation). 02-05719
04/05/2002Letter/IncomingFiled Letter. from Nitz, Walton & Heaton law firm indicating that respondent "DiBiase/Simmons" should be changed to "Vegas Valley Distributing Company d/b/a DiBiase/Simmons Contracting." 02-06097
05/02/2002MotionFiled Stipulation. Stipulation re: Consolidation of Cases and Briefing Schedule. Nos. 38362/39239. 02-07719
05/14/2002MotionFiled Stipulation. 02-08448
06/13/2002BriefFiled Joinder to Brief. Steel Service Corp., Kone, Inc., Image Construction, Inc., and A & B Painting West, Inc.'s Joinder in Appellant J.A. Jones Construction Company's Opening Brief. 02-10307
07/05/2002MotionFiled Stipulation. 02-11445
07/29/2002MotionFiled Stipulation. (Second request.) 02-12933
09/13/2002MotionFiled Motion. Motion to Set Briefing Schedule. 02-15986
09/16/2002Notice/IncomingFiled Proof of Service. for Motion to Set Briefing Schedule. 02-16061
12/06/2002Order/ProceduralFiled Order. On March 29, 2002, appellants informed this court that appellant J.A. Jones would prepare and file a single opening brief on behalf of all appellants. J.A. Jones submitted the opening brief and appendix for Docket No. 38362 on June 13, 2002. The clerk of this court shall file that brief and appendix. We disapprove as moot the stipulation filed on May 14, 2002. We approve the stipulation filed May 2, 2002, and hereby consolidate these appeals for all appellate purposes. Wilmington Trust shall file and serve the opening brief and appendix for Docket No.39239 within 30 days from the date of this order. Thereafter, the briefing of these consolidated appeals shall follow a parallel briefing schedule. Answering briefs for both appeals shall be filed within 30 days of service of Wilmington Trust's opening brief in Docket No. 39239. The parties may file their respective reply briefs within 30 days of the service of the corresponding answering brief. We disapprove as moot the motion filed in Docket No. 38362 on July 5, 2002, and July 29, 2002, respectively, and deny as moot the motion field September 13, 2002, in Docket No. 38362 related to briefing of these appeals. In the event J.A. Jones will also be filing a single reply brief on behalf of all appellants in docket No. 38362 or a single answering brief on behalf of all respondents in Docket No. 39239, it shall so indicate on the covers of its briefs. In the event J.A. Jones' briefs will not be presenting argument on behalf of any of its co-parties, such co-parties hall file separate briefs in accordance with the briefing schedule set forth above. We deny the Official Committee's motion that it be dismissed from the appeal in Docket No. 39239. The Official Committee shall file its answering brief in compliance with the briefing schedule set forth above. We grant Mr. Byrd's motion to withdraw from representation of George Courtney and Courtney Waterproofing as appellants in Docket No. 38362 and respondents in Docket No. 39239. Courtney Waterproofing shall have 30 days from the ate of this order to retain new counsel and cause counsel to file a notice of appearance with the clerk of this court. Failure to retain counsel may result in the dismissal of Courtney Waterproofing's appeal in Docket No. 38362. If George Courtney wishes to file any documents independent of the filings of J.A. Jones, he should also retain new counsel and cause counsel to file a notice of appearance with the clerk of this court. Otherwise, Mr. Courtney will proceed in proper person in these appeals. We again direct Mr. Mrowiec to inform this court of the status of his representation of Tiffany Decorating Co. in this appeal within 15 days from the date of this order. Nos. 38362/39239. 02-20957
12/06/2002BriefFiled Opening Brief. Mailed on:FecEx 06/12/02. 02-10240
12/06/2002AppendixFiled Appendix to Opening Brief. Volumes 1 through 9. 02-10242
12/11/2002Notice/IncomingFiled Status Report. Appellant Tiffany Decorating Co.'s Report Regarding Status of Representation. Nos. 38362/32939. 02-21137
12/27/2002MotionFiled Stipulation. in docket no. 39239. Nos. 38362/39239 02-22095
01/31/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 13, 2001, October 1, 2001. To Court Reporter: Joy Hinck. Nos. 38362/39239. 03-01702
02/06/2003BriefReceived Opening Brief. Appellant Wilmington Trust Company's Opening Brief in Docket No. 39239. Nos. 38362/39239 (03-02117). Mailed on: Fed Ex 02/05/03.
02/06/2003AppendixReceived Appendix to Opening Brief. Appendix to Appellant Wilmington Trust Company's Opening Brief in Docket No. 39239. Nos. 38362/39239 (03-02119). Vols. 1 through 4.
02/06/2003TranscriptFiled Transcript. Proceedings: 08/13/01 and 10/01/01. Court Reporter: Joy Hinck. Nos. 38362/39239. 03-02123
02/14/2003MotionFiled Motion. Stroock & Stroock & Lavan's and Hale, Lane, Peek, Dennison and Howard's Joint Motion to Withdraw as Counsel. Nos. 38362/39239. 03-02576
02/20/2003MotionFiled Stipulation. Stipulation for Mutual Extension to File Answering Briefs in Both Consolidated Appeals. Nos. 38362/39239. 03-02889
03/05/2003MotionFiled Stipulation. Stipulation for Mutual Extension to File Answering Briefs in both Consolidated Appeals. Nos. 38362/39239. 03-03616
03/12/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: June 12, 2001 through June 15, 2001 (Trial). To Court Reporter: Renee Silvaggio. Nos. 38362/39239. 03-04124
03/20/2003Other Other. Filed Withdrawal of Request for Transcripts of Proceedings; June 12, 2001 through June 15, 2001 (Trial). Nos. 38362/39239. 03-04766
03/20/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: May 30, 2001; June 4, 2001; June 26, 2001; and July 6, 2001. To Court Reporter: Joy Hinck. Nos. 38362/39239. 03-04779
03/27/2003Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcripts of Proceedings. Transcripts requested: May 30, 2001, June 4, 2001 and June 26, 2001. To Court Reporter: Joy Hinck. Nos. 38362/39239. 03-05143
03/31/2003Notice/IncomingFiled Errata. Errata to Stipulation to File Joint Opening Brief to Include Original Signature of Donald H. Williams. Nos. 38362/39239. 03-05313
04/07/2003BriefReceived Answering Brief. Respondent J.A. Jones Construction Company's Answering Brief in 39239. Nos. 38362/39239 (03-05371).
04/07/2003AppendixReceived Appendix to Answering Brief. Respondent J.A. Jones Construction Company's Answering Brief in 39239. Nos. 38362/39239 (03-05372).
04/07/2003BriefReceived Joinder to Brief. Respondent Helix Electric Inc.'s Joinder in the Answering Brief of J.A. Jones Construction Company in Docket No. 39239. Nos. 38362/39239 (03-03573).
04/08/2003BriefReceived Joinder to Brief. Southland's Joinder in Answering Brief of J.A. Jones in Docket No. 39239. Nos. 38362/39239 (03-05848).
04/08/2003AppendixReceived Appendix to Answering Brief. Respondent Wilmington Trust Company's Appendix in 38362. Vols. 1 through 7. (Received in a box marked 2 of 2.) Nos. 38362/39239. 03-05893
04/09/2003BriefReceived Answering Brief. Respondent Wilmington Trust Company's Answering Brief in Supreme Court No. 38362. Nos. 38362/39239. 03-05990
04/09/2003BriefReceived Answering Brief. Answering Brief on Appeal of Respondents Performance Contracting, Inc., and St. Paul Fire and Insurance Co. in 39239. Nos. 38362/39239 (03-05993).
04/10/2003Other Other. Received Errata to Respondent J.A. Jones Construction Company's Answering Brief Received on April 7, 2003 in 39239. Nos. 38362/39239 (03-06028).
04/10/2003BriefReceived Joinder to Brief. Respondent Micco, LLC's Joinder in the Answering Brief of J. A. Jones Constuction Company in Docket No. 39239. Nos. 38362/39239 (03-06033).
04/14/2003BriefReceived Joinder to Brief. Steel Service Corp., Kone, Inc. and Image Construciton , Inc.'s Joinder in Respondent J. A. Jones Construciton Company's Answering Brief in 39239. Nos. 38362/39239 (03-06331).
04/14/2003BriefReceived Joinder to Brief. Respondent Vegas Valley Distributing Company d/b/a Dibiase/Simmons Contracting's Joinder in the Answering Brief of J.A. Jones Construction Company in Docket No. 39239. Nos. 38362/39239. (03-06371)
04/17/2003MotionFiled Stipulation. Stipulation to Extend Time for Reply Briefs. Nos. 38362/39239. (03-06546) 03-06546
04/17/2003BriefReceived Joinder to Brief. Respondent Yamas Controls Southwest, Inc.'s Joinder in the Answreing Brief of J.A. Jones Construciton Company in Docket No. 39239. Nos. 38362/39239 (03-06567).
04/21/2003BriefReceived Joinder to Brief. Sacramento Insulation and Tiffiny Decorating Co.'s Joinder in Respondent J. A. Jones Construction Company's Answering Brief. Nos. 38362/39239 (03-06820).
04/25/2003TranscriptFiled Transcript. Proceedings: May 30, 2001, June 4, 2001 and June 26, 2001. Court Reporter: Joy Hinck. Nos. 38365/39239. (03-07043) 03-07043
06/03/2003Notice/IncomingFiled Proof of Service. Receipt of Copy of Answering Brief on Appeal of Respondents Performance Contracting, Inc., and St. Paul Fire and Insurance Co. (Attached to inside back cover of original and copies of brief.) Nos. 38362/39239. 03-09265
06/06/2003BriefReceived Joinder to Brief. Respondent Helix Electric Inc.'s Joinder in the Reply Brief of J.A. Jones Construction Company in Docket No. 38362. Nos. 38362/39239. 03-09473
06/06/2003BriefReceived Reply Brief. J.A. Jones Construction Company's Reply Brief. Nos. 38362/39239. 03-09521
06/09/2003BriefReceived Reply Brief. Appellant Wilmington Trust Company's Reply Brief in Docket No. 39239. Nos. 38362/39239 (03-00549).
08/12/2003MotionFiled Motion to Strike. Respondent Wilmington Trust Company's Motion to Strike Portions of Appellants' Reply Breif; or in the Alternative to Permit Filing of Surreply Brief (Case No. 38362). Nos. 38362/39239 03-13476
08/22/2003MotionFiled Response to Motion. Appellants' Opposition to Respondent Wilmington Trust Company's Motion to Strike Portions of Appellants' Reply Brief; or in the Alternative, to Permit Filing of Sur-Reply (Case No. 38362). Nos. 38362/39239. 03-14161
09/02/2003Order/ProceduralFiled Order. On December 11, 2002, Illinois attorney John S. Mrowiec of the law firm of Conway & Mrowiec, filed a response to this court's order of December 6, 2002, informing this court that he represents Tiffiny Decorating Co. ("Tiffiny") in these consolidated appeals, and that he had been granted leave to appear pursuant to SCR 42 in the district court proceedings below. Accordingly, Mr. Mrowiec may appear on behalf of Tiffiny in these appeals. See SCR 42(7). We note that Mr. Mrowiec has associated with Nevada attorney Donald H. Williams of the Williams & Wiese law firm. Mr. Williams shall be responsible for all matters presented by Tiffiny in these appeals. Also, in this court's December 6, 2002, order, we directed George Courtney and Courtney Waterproofing, appellants in Docket No. 38362 and respondents in Docket No. 39239, to retain counsel within 30 days. As of the date of this order, no attorney has entered an appearance on behalf of Mr. Courtney or Courtney Waterproofing. Because Courtney Waterproofing has not retained counsel for its appeal in Docket No. 38362, we dismiss its appeal. The clerk of this court shall remove Courtney Waterproofing from the caption in Docket No. 38362. Further, as Mr. Courtney is proceeding in proper person, he shall not be permitted to file papers in these appeals, absent leave of this court. Our December 6, 2002, order also directed Wilmington to file and serve its opening brief and appendix in Docket No. 39239 by January 6, 2003. Cause appearing, we approve the stipulation filed on December 27, 2002. The clerk of this court shall file Wilmington's opening brief and appendix received on February 6, 2003. As J.A. Jones had filed the opening brief and appendix on behalf of appellants in Docket No. 38362 on December 6, 2002, we directed that answering briefs for both appeals be filed within 30 days from service of Wilmington's opening brief. On February 20, 2003, the parties filed a stipulation extending the time for filing the answering briefs in both appeals until April 7, 2003. On March 5, 2003, the parties filed another stipulation extending the time for filing the answering briefs in both appeals also until April 7, 2003. Cause appearing we approve those stipulations. The clerk of this court shall file the answering briefs and appendices received on April 7, 2003, April 8, 2003, and April 9, 2003, respectively. The clerk shall also file the joinders in J.A. Jones' answering brief received on April 7, 8, 10, 14, 17, and 21, 2003, respectively, as well as the errata to that answering brief received on April 10, 2003. On April 17, 2003, counsel for J.A. Jones and counsel for Wilmington filed a stipulation extending the due date for the reply briefs by 30 days. Cause appearing, we approve that stipulation. The clerk of this court shall file J.A. Jones' reply brief and appendix received on June 6, 2003, the joinders in J.A. Jones' reply brief received on June 6, 12, and 16, 2003, and Wilmington's reply brief received on June 9, 2003. On February 14, 2003, the New York law firm of Stroock & Stroock & Lavan, LLP, and the Nevada law firm of Hale Lane Peek Dennison and Howard filed a joint motion to withdraw as counsel of record for the Official Committee of Unsecured Creditors of the Resort at Summerlin, Inc., and the Resort at Summerlin, LP ("the Committee"), a respondent in Docket No. 39239. We note that the law firm of Stroock & Stroock & Lavan, LLP, never entered an appearance before this court on behalf of the Committee. Accordingly, no action will be taken on the motion with respect to that firm. Cause appearing, however, we grant the motion as to the Hale Lane firm. The clerk of this court shall amend the docket in Docket No. 39239 to reflect that the Hale Lane firm no longer represents the Committee. Nos. 38362/39239. (03-14699) 03-14699
09/02/2003BriefFiled Opening Brief. Appellant Wilimington Trust Company's Opening Brief in Docket 39239. Nos. 38362/39239.
09/02/2003AppendixFiled Appendix to Opening Brief. Appendix to Appellant Wilimington Trust Company's Opening Brief in Docket 39239. Nos. 38362/39239. Vols. 1 through 4.
09/02/2003BriefFiled Answering Brief. Respondent J.A. Jones Construction Company's Answering Brief in 39239. Nos. 38362/39239.
09/02/2003AppendixFiled Appendix to Answering Brief. Appendix to Respondent J.A. Jones Construction Company's Answering Brief in 39239. Nos. 38362/39239.
09/02/2003BriefFiled Joinder to Brief. Respondent Helix Electric Inc.'s Joinder in the Answering Brief of J.A. Jones Construction Company in Docket No. 39239. Nos. 38362/39239 (03-05733).
09/02/2003BriefFiled Joinder to Brief. Southland's Joinder in Answering Brief of J.A. Jones in Docket No. 39239. Nos. 38362/39239 (03-05848).
09/02/2003AppendixFiled Appendix to Answering Brief. Respondent Wilmington Trust Company's Appendix in 38362. Vols. 1 through 7. (Received in a box marked 2 of 2.) Nos. 38362/39239. 03-05893
09/02/2003BriefFiled Answering Brief. Respondent Wilimington Trust Company's Ansewring Brief in Supreme Court No. 38362. Nos. 38362/39239. 03-05990
09/02/2003BriefFiled Answering Brief. Answering Brief on Appeal of Respondents Performance Contracting, Inc., and St. Paul Fire and Insurance Co. in 39239. Nos. 38362/39239 (03-05993).
09/02/2003Notice/IncomingFiled Errata. to Respondent J.A. Jones Construction Company's Answering Brief received on April 7, 2003 (03-06028).
09/02/2003BriefFiled Joinder to Brief. Respondent Micco, LLC's Joinder in the Answering Brief of J. A. Jones Constuction Company in Docket No. 39239. Nos. 38362/39239 (03-06033).
09/02/2003BriefFiled Joinder to Brief. Steel Service Corp., Kone, Inc. and Image Construciton , Inc.'s Joinder in Respondent J. A. Jones Construciton Company's Answering Brief in 39239. Nos. 38362/39239 (03-06331).
09/02/2003BriefFiled Joinder to Brief. Respondent Vegas Valley Distributing Company d/b/a Dibiase/Simmons Contracting's Joinder in the Answering Brief of J.A. Jones Construction Company in Docket No. 39239. Nos. 38362/39239 (03-06371).
09/02/2003BriefFiled Joinder to Brief. Respondent Yamas Controls Southwest, Inc.'s Joinder in the Answreing Brief of J.A. Jones Construciton Company in Docket No. 39239. Nos. 38362/39239 (03-06567).
09/02/2003BriefFiled Joinder to Brief. Sacramento Insulation and Tiffiny Decorating Co.'s Joinder in Respondent J. A. Jones Construction Company's Answering Brief. Nos. 38362/39239 (03-06820).
09/02/2003BriefFiled Reply Brief. J.A. Jones Construction Company's Reply Brief. Nos. 38362/39239. 03-09521
09/02/2003AppendixFiled Appendix to Reply Brief. Nos. 38362/39239. 03-09524
09/02/2003BriefFiled Reply Brief. Appellant Wilmington Trust Company's Reply Brief in Docket No. 39239. Nos. 38362/39239 (03-09549).
09/02/2003BriefFiled Joinder to Brief. Repondent Micco, LLC's Joinder in the Reply Brief of J. A. Jones construciton Company in Docket No. 38362. Nos. 38362/39239. 03-09832
09/02/2003BriefFiled Joinder to Brief. Respondent Helix Electric Inc.'s Joinder in the Reply Brief of J.A. Jones Construction Company in Docket No. 38362. Nos. 38362/39239. 03-09473
09/02/2003BriefFiled Joinder to Brief. Respondent Vegas Valley Distributing Company d/b/a Dibiase/Simmons Contracting's Joinder in the Reply Brief of J.A. Jones Construction Company in Docket No. 38362. Nos. 38362/39239. 03-09981
12/01/2003Other Returned Mail. Order filed 09/02/03 addressed to Swiss Services returned. No forwarding address. Nos. 38362/39239.
02/09/2004Order/ProceduralFiled Order Denying Motion. Respondent Wilmington Trust Company ('Wilmington') has filed a motion to strike portions of appellant J. A. Jones' ('Jones') reply brief in the appeal in Docket No. 38362. As Wilmington argues that in those particular portions of the reply brief Jones 'purport[s] to appeal, for the first time, issues not subject to their initial appeal and not raised in their Opening Brief.' Wilmington requests that this court strike those enumerated portions of the brief or, in the alternative, allow Wilmington to file a 'sur-reply brief.' Jones has opposed the motion, arguing that the portions of the reply brief that Wilmington objects to are 'entirely proper given the substance of Wilmington's Answering brief,' and that the reply brief only contains arguments in response to issues raised in Wilmington's answering brief. No cause good appearing, we deny Wilmington's motion to strike. We remind Jones, however, that during our consideration of these appeals, this court will disregard any issues improperly included in the briefs. Nos. 38362/39239. (04-02447) 04-02447
03/05/2004Notice/IncomingFiled Notice. Notice of Change of Firm Affiliation. Attorney Brian Pezzillo, counsel for Southland Industries, is now with the firm of Mead & Pezzillo. Nos. 38362/39239 04-04225
07/20/2004Notice/IncomingFiled Notice. Notice of Change of Firm Name (Mead & Pezzillo is now Lindborg, Mead, Drill & Pezzillo, LLP). Nos. 38362/39239. 04-13229
07/22/2004Notice/IncomingFiled Notice. Notice of Pro Hac Vice Suspensionfrom the State Bar of Nevada for attorney Kenneth Styles. Nos. 38362/39269 04-13294
10/12/2004Notice/IncomingFiled Notice of Change of Address. Williams & Wiese. Nos. 38362/39239. 04-18860
01/03/2005Letter/IncomingFiled Letter. from Shea & Carolyon requesting the status of this appeal. Nos. 38362/39239. 05-00083
03/10/2005Notice/OutgoingIssued Letter. to attorney Brett Barratt of Shea & Carlyon re: status of these appeals. Nos. 38362 and 39239. 05-04852
03/24/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against George Courtney and claims asserted by George Courtney against National Westminster Bank. Nos. 38362/39239. 05-05795
03/24/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Southland Industries and claims asserted by Southland Industries against National Westminster Bank. Nos. 38362/39239. 05-05797
03/25/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Giamboi Brothers and claims asserted by Giamboi Brothers against National Westminster Bank. Nos. 38362/39239. 05-05881
04/04/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Kone, Inc. and claims asserted by Kone, Inc. against National Westminster Bank. Nos. 38362/39239. 05-06588
04/04/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Image Construction, Inc. and claims asserted by Image Construction, Inc. against National Westminster Bank. Nos. 38362/39239. 05-06592
04/04/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Steel Services Corporation and claims asserted by Steel Services Corporation against National Westminster Bank. Nos. 38362/39239. 05-06596
04/07/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Performance Contracting, Inc. and claims asserted by Performance Contracting, Inc. against National Westminster Bank. Nos. 38362/39239. [05-06884] 05-06884
04/07/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Vegas Valley Distributing Company d/b/a Dibiase Simmons and claims asserted by Vegas Valley Distributing Company d/b/a Dibiase Simmons against National Westminster Bank. Nos. 38362/39239. 05-06885
04/07/2005MotionFiled Stipulation. Stipulation for Dismissal with Prejudice of Appeal as to claims asserted by National Westminster Bank PLC against Yamas Controls Southwest, Inc. and claims asserted by Yamas Controls Southwest, Inc. against National Westminster Bank. Nos. 38362/39239. 05-06887
05/05/2005Order/ProceduralFiled Order. Approving Stipulations to Dismiss and Partially Dismissing Appeals. Between March 24 and April 7, 2005, certain parties to these appeals have filed nine stipulations to dismiss with prejudice these consolidated appeals in part. These parties agree that they will each bear their own costs and attorney fees. We approve the stipulations, and dismiss these consolidated appeals between the parties. The clerk of this court shall modify the captions in these appeals by removing appellants/ respondents George Courtney and Courtney Waterproofing; Southland Industries; Giamboi Brothers; Kone, Inc.; Image Construction; Steel Services Corporation; Performance Contracting, Inc.; Vegas Valley Distributing Company d/b/a DiBiase Simmons; and Yamas Controls Southwest, Inc. This dismissal order does not affect the remaining parties to and claims in these appeals. Nos. 38362/39239. (05-08820) 05-08820
05/13/2005Other Returned Mail. Order filed 05/05/05 addressed to Hilton & Kahle remailed to corrected address. Nos. 38362/39239.
05/18/2005MotionFiled Motion. Appellant Helix Electric, Inc.'s Motion for Leave to Supplement the Record. Nos. 38362/39239. 05-09707
05/19/2005Other Returned Mail. Order filed 05/05/05 addressed to Gifford Vernon & Barker remailed to corrected address. Nos. 38362/39239.
05/23/2005Notice/IncomingFiled Joinder. J. A. Jones Construction Company's Joinder in Helix Electric, Inc.'s Motion for Leave to Supplement the Record. Nos. 38362/39239. 05-10169
06/02/2005MotionFiled Response to Motion. Wilmington Trust Company's Opposition to Appellant Helix Electric, Inc's Motion for Leave to Supplement the Record and J.A. Jones Construction Company's Joinder in the Motion. Nos. 38362/39239 05-10815
06/30/2005Order/ProceduralFiled Order Granting Motion. to Supplement the Record. We grant Helix's motion to supplement the appellate court record with the transcript for the bankruptcy court proceedings conducted on March 30, 2005. The clerk shall file the supplemental appendix received on May 18, 2005. We deny Wilmington Trust's request "to supplement the record with all the pleadings and papers associated with the March 30, 2005 hearing." Nos. 38362/ 39239. (05-12983) 05-12983
06/30/2005AppendixFiled Appendix. Appellant Helix Electric, Inc.'s Supplemental Appendix to Appeal No. 38362. Nos. 38362/ 39239. (05-09708) 05-09708
07/06/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on September 13, 2005, at 9:00 a.m. (En Banc) (Nos. 38362/39239)
08/31/2005Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 38362/39239)
09/12/2005Letter/IncomingFiled Letter. from attorney Christopher Craft of the Jolley Urga firm. They no longer represent any parties in this matter and are not planning to attend oral argument. Nos. 38362/39239 05-18013
09/13/2005Case Status Update Submitted for Decision. Before the EN BANC Court. EN BANC. Nos. 38362/39239.
09/19/2005Order/ProceduralFiled Order. Regarding Counsel of Record. Oral argument for these consolidated appeals was held on September 13, 2005. Attorney Christopher D. Craft has filed a letter regarding his status, and that of his law firm, Jolley Urga Wirth Woodbury & Standish, as counsel of record for appellant/respondent Insulation Contracting and Supply, Inc. in these appeals. Mr. Craft and his law firm shall remain as counsel of record for ICS in this matter. Mr. Craft or his law firm may file, in this court, a motion to withdraw as counsel for ICS. Although Mr. Craft represents that ICS 'is no longer in business,' they remain a party in these appeals. Mr. Craft or his law firm may file a stipulation or motion to dismiss the appeal of ICS in Docket No. 38362. No further action will be taken with respect to Mr. Craft's letter. Nos. 38362/39239. (05-18527) 05-18527
02/09/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Parraguirre, J. We concur: Rose, C.J., Becker, Gibbons and Douglas, JJ. Hardesty, J., with whom Maupin, J., agrees, concurring in part and dissenting in part. 122 Nev. Adv. Opn. No. 15. EN BANC. Nos. 38362/39239. 06-02900
02/22/2006Other Returned Mail. Opinion filed 02/09/06 addressed to Gifford Vernon Barker & Glade remailed to corrected law firm name and address. Nos. 38362/39239.
03/07/2006RemittiturIssued Remittitur. 06-03921
03/07/2006Case Status Update Remittitur Issued/Case Closed.
03/17/2006RemittiturFiled Remittitur. Received by County Clerk on March 9 , 2006. 06-03921