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United States Court Cases

Nevada Supreme/Appellate Court Record

RIVER OAKS VS. GLEN MEADOWS C/W 36665

Case Information: 35861
Short Caption:RIVER OAKS VS. GLEN MEADOWS C/W 36665Court:Supreme Court
Consolidated:35861*, 36665 Related Case(s): 36665
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9305432Classification:Civil Appeal - General - Other
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/30/2000 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/28/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kevin J. Mirch, Ltd.-check no. 1945.
03/28/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-04998
03/30/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/11/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Mark H. Gunderson, Ltd.--check no. 12057.
04/11/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. 00-05782
04/12/2000Notice/Outgoing Letter.
04/19/2000Letter/IncomingFiled Letter. from attorney Richard F. Cornell. He substituted out of the above-referenced case over a year ago. Future correspondence regarding Clyde and Nona Emery, the NEC Corporation, or Glen Meadows Homeowners' Assoc. should be sent to their counsel of record, Mr. Mark H. Gunderson. 00-06218
09/06/2000Settlement Program ReportFiled Interim Settlement Program Report. Because of the litigation schedule of lead counsel, a conference cannot be scheduled before the third week of February, 2001. 00-15663
09/20/2000MotionFiled Motion to Consolidate. Nos. 35861 and 36665. 00-16646
10/26/2000Notice/IncomingFiled Notice. Notice of Non-Representation. 00-18987
11/22/2000Notice/IncomingFiled Notice. Notice of Automatic Stay. 00-20594
01/10/2001Order/ProceduralFiled Order/Consolidation. We grant appellants' unopposed motion, and we consolidate these appeals for all appellate purposes. On October 26, 2000, attorney Richard F. Cornell filed a notice of non-representation. The clerk of this court shall remove attorney Cornell from the court's docket as counsel of record for respondents. We order these appeals stayed pursuant to the mandatory provisions of federal bankruptcy law. Counsel for Dr. Clyde Emery and Nona Emery shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. Nos. 35861 c/w 36665. 01-00581
04/10/2001Notice/IncomingFiled Status Report. Report Informing Court of Status of Bankruptcy. Nos. 35861/36665. 01-06196
08/23/2001Order/ProceduralFiled Order/Status Report. Status report due from counsel for respondents Clyde Emery and Nona Emery: 90 days of the date of this order. Nos 35861/36665. (01-14331) 01-14331
11/09/2001Notice/IncomingFiled Status Report. Nos. 35861/36665. (01-18793) 01-18793
03/04/2002Order/ProceduralFiled Order/Status Report. Because this matter remains on this court's active docket, Mr. Gunderson shall file an updated report informing this court of the status of the bankruptcy proceeding within 90 days from the date of this order. Nos. 35861/36665. (02-03858) 02-03859
07/15/2002Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Stipulation for Partial Dismissal of Appeal Pursuant to Settlement. (Partial dismiss Respondents, Farmers and Merchant Bank only). Nos. 35861/36665. (02-12085) 02-12085
03/18/2003Order/ProceduralFiled Order. On November 22, 2000, respondents Dr. Clyde Emery and Nona Emery notified this court that they filed a petition for bankruptcy in the Untied States Bankruptcy Court. This court entered an order on January 10, 2001, staying these consolidated appeals pursuant to the mandatory provisions of federal bankruptcy law. To date, Mr. Gunderson has not complied with the order to file a report informing this court of the status of Dr. Clyde emery and Nona Emery's bankruptcy proceeding. Mr. Gunderson shall have 10 days from the date of this order to file the requested status report or show cause why sanctions should not be imposed. On July 15, 2002, appellants and respondent Farmers and Merchant Bank filed a stipulation to dismiss these appeals as to Farmers and Merchant Bank only. We approve the stipulation. These consolidated appeals are dismissed as to respondent Farmers and Merchant Bank only. The clerk of this court shall remove Farmers and Merchant Bank as a respondent in the captions of these appeals. Nos. 35861/36665. (03-04574) 03-04574
03/27/2003Notice/IncomingFiled Status Report. Nos. 35861/36665. 03-05202
05/13/2003Order/ProceduralFiled Order/Status Report. Status report of the bankruptcy due from attorney Mark H. Gunderson: 90 days from the date of this order. Nos. 35861/36665. 03-08160
08/11/2003Notice/IncomingFiled Status Report. Nos. 35861/36665. 03-13362
08/21/2003Order/ProceduralFiled Order/Status Report. Status report due: 90 days. Nos. 35861/36665. 03-14155
11/19/2003Notice/IncomingFiled Status Report. Nos. 35861/36665. 03-19283
12/12/2003Order/ProceduralFiled Order. to file Bankruptcy Order. On January 10, 2001, this court ordered these appeals and cross-appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Respondent Dr. Clyde Emery's most recent status report states that the bankruptcy proceeding is still pending. He also represents in the status report that 'the debtors were granted a discharge under section 727 of the United States Bankruptcy Code.' Dr. Emery shall, within 20 days from the date of this order, provide this court with a copy of the bankruptcy court's order granting the debtors a discharge. Nos. 35861/36665. (03-20735) 03-20735
01/06/2004Notice/IncomingFiled Status Report. Clyde Emery. Nos. 35861/36665. 04-00296
03/09/2004Order/ProceduralFiled Order. Dr. Emery shall, within 30 days from the date of this order, file points and authorities that specifically address the issue of whether the bankruptcy court order discharging debtors Clyde and Nona Emery terminates the automatic bankruptcy stay mandated by 11 U.S.C. ยง 362(a). In addition, Dr. Emery shall specifically state why he has failed to inform this court earlier of the bankruptcy court order discharging him from the bankruptcy proceedings. No. 35861/36665. (04-04495) 04-04495
04/01/2004MotionFiled Response to Order to Show Cause. Points and Authorities of Dr. Clyde Emery and Nona Emery in Response this Court's March 9, 2004, order. No. 35861/36665. 04-06035
08/11/2004Order/ProceduralFiled Order. to File Bankruptcy Status Report. On April 1, 2004, Dr. Emery filed points and authorities in response to this courts order. Dr. Emery states that he has previously informed this court that the debtors were granted a discharge. fn1[We note that Dr. emery is correct and vacate the portion of our March 9, 2004, order that stated Dr. Emery had not previously informed this court that the debtors had been granted a discharge.] Because this matte remains on this court's active docket, Dr. Emery shall file an updated report informing this court of the status of the bankruptcy proceedings within 90 days from the date of this order. Nos. 35861/36665. (04-14493) 04-14493
09/23/2004MotionFiled Response to Order to Show Cause. Final Status Report of Dr. Clyde Emery and Nona Emery in Response to this Court's August 11, 1004, Order. Nos. 35861/36665. 04-17652
05/16/2006OtherDisqualification of Justice Hardesty. Law firm of Mirch & Mirch.
05/22/2006Other Returned Mail. Notice of Justice Disqualification addressed to Wise Wiezorek Timmons & Wise remailed to corrected address. Nos. 35861/36665.
02/27/2007Order/DispositionalFiled Order Dismissing Appeal. These consolidated appeals have been docketed in this court for several years. Given the apparent applicability of a continuing and possibly permanent stay, this appeal may languish indefinitely on this court's docket. We conclude that judicial efficiency will be best served if this appeal is dismissed, without prejudice and such dismissal will not violate the bankruptcy stay. "We dismiss these appeals." This dismissal is without prejudice to appellants' right to move for reinstatement of these appeals if and when such a motion becomes appropriate. SNP07-MG/MD/MC. Nos. 35861/36665 07-04704
03/27/2007RemittiturIssued Remittitur. 07-06697
03/27/2007Case Status Update Remittitur Issued/Case Closed.
04/05/2007RemittiturFiled Remittitur. Received by County Clerk on March 30, 2007. 07-06697