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United States Court Cases

Nevada Supreme/Appellate Court Record

HENRY VS. LV JAYCEES SENIOR CITIZENS C/W 30451/31463

Case Information: 30411
Short Caption:HENRY VS. LV JAYCEES SENIOR CITIZENS C/W 30451/31463Court:Supreme Court
Consolidated:30411*, 30451 , 31463 Related Case(s): 30451 , 31463
Lower Court Case(s):Clark Co. - Eighth Judicial District - A334646
Clark Co. - Eighth Judicial District - A330395
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/23/1997 / Combs, E.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/16/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/13/1997Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Edward M. Bernstein-check no. 48161.
05/13/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant.)
05/14/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Arthur Gladstone. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/16/1997Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
05/27/1997Other Other. Received copies of Case Appeal Statement. Filed in district court on May 22, 1997.
05/28/1997Docketing StatementFiled Docketing Statement.
06/04/1997MotionFiled Motion to Consolidate. Appellant Las Vegas Jaycees Senior Citizens Mobile Home Community Foundation's Motion to consolidate Nevada Supreme Court Case Numbers 30411 and 30451. (Nos. 30411 and 30451).
06/04/1997TranscriptFiled Transcript. Certified Reporter's Transcript dated March 5, 1997. Court Reporter: Mary Beth Cook. Filed in No. 30411. (Nos. 30411 and 30451).
06/05/1997Transcript RequestFiled Request for Transcript of Proceedings. To Court Reporter: Margie L. Carlson.
06/12/1997Other Other. Filed Amended Request for Transcript of Proceedings. Court Reporter: Margie L. Carlson.
06/23/1997Order/Clerk'sFiled Clerk's Order. The appeals shall be consolidated for all appellate purposes. Notices of settlement conference have been issued by this court for both appeals but have been assigned to different settlement judges. We believe that all of the matters raised by these appeals should be considered by a single settlement judge. We refer this consolidated matter to Settlement Judge E. Leslie Combs for proceedings pursuant to NRAP 16. (Nos. 30411 and 30451).
06/25/1997TranscriptFiled Transcript. Reporter's Transcript of Motions, Wednesday, January 8, 1997; Reporter's Transcript of Testimony of Jeff Margolin, Monday, January 13, 1997; and, Reporter's Transcript of Testimony of Jeff Margolin, Wednesday, January 15, 1997. Court Reporter: Margie L. Carlson.
07/24/1997Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
12/19/1997Notice/IncomingFiled Notice. Filing Bankruptcy (Nos. 30411/30451).
01/28/1998Order/ProceduralFiled Case Processing Order. The appeal in docket No. 31463 involves the same parties, the same set of facts, and similar issues for review as the consolidated appeals. We elect to consolidate the appeal in Docket No. 31463 with the already consolidated appeals in Docket Nos. 30411 and 30451. We order these consolidated matters stayed pursuant to the mandatory provisions of federal bankruptcy law. Counsel for Edward C. Henry, Pyatt and Eglet, shall have 30 days from the date of this order to file a report informing this court of the status of the bankruptcy proceeding and whether the automatic stay has been lifted by the bankruptcy court. Nos. 30411, 30451, 31463.
03/02/1998Other Other. Filed Status Report Re: Bankruptcy of Respondent Edward C. Henry. (Nos. 30411, 30451, and 31463).
03/16/1998Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 90 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
06/12/1998Other Other. Filed Status Report re: Bankruptcy of Respondent Edward C. Henry. (Nos. 30411, 30451, and 30463).
07/16/1998Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 90 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
10/15/1998Other Other. Filed Status Report re: Bankruptcy of Respondent Edward C. Henry. Nos. 30411, 30451, 30463.
11/03/1998Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 60 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
12/30/1998Other Other. Filed Status Report re: Bankruptcy of Respondent Edward C. Henry. Nos. 30411, 30451, 30463.
02/01/1999Notice/IncomingFiled Notice. Notice of Intent to Execute on Judgment. (Nos. 30411, 30451, 31463).
02/01/1999Notice/IncomingFiled Notice. Notice of Entry of Order Approving Application by DeLanoy, English, Schuetze & Magaha, P.C. to be Employed as Special counsel. (Nos. 30411, 30451, 31463).
02/11/1999Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 60 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
03/25/1999MotionFiled Motion. Continue Stay Execution of the Judgment Pending Determination of Las Vegas Jaycees' Motions to Stay Execution and for Approval of Supersedeas Bond. (30451 only). Nos. 30411, 30451, 31463.
06/04/1999Order/ProceduralFiled Case Processing Order. On March 25, 1999, Las Vegas Jaycees Senior Citizens filed a motion in Docket No. 30451 requesting that this court continue its stay of execution of the judgment pending the resolution of motions filed in the district court to stay the execution of the judgment and for the approval of a supersedeas bond. This court has not previously entered a stay of the execution of the judgment. This appeal was stayed pursuant to the automatic stay provisions of federal bankruptcy law. We deny the motion as moot. Counsel for Edward C. Henry shall, within 10 days from the date of this order, inform this court regarding the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
11/12/1999Notice/IncomingFiled Notice. Notice of Entry of Order re: Lifting Automatic Bankruptcy Stay. Nos. 30411, 30451, 31463.
02/04/2000Order/ProceduralFiled Case Processing Order. On November 12, 1999, Las Vegas Jaycees Senior Citizens filed with this court a notice that on October 18, 1999, an order was entered in the United States Bankruptcy court lifting the automatic stay to allow pursuit of state court appeals. We hereby reinstate briefing in these consolidated appeals and establish the following parallel briefing schedules. Appellant Las Vegas Jaycees Senior Citizens shall, within 40 days from the date of this order, file and serve a single, consolidated opening brief and appendix in Docket Nos. 30451 and 31463. Appellant Laverne Henry shall, within 40 days from the date of this order, file and serve an opening brief and appendix in Docket No. 30411. Thereafter, these parallel briefing schedules shall proceed in accordance with NRAP 31(a)(1). Nos. 30411, 30451, 31463.
03/02/2000MotionFiled Motion and Order Extending Time. Joint Motion and Order that Appellants (Henry and LV Jaycees) may have to and including April 14, 2000, within which to file the opening brief and appendices. Nos. 30411, 30451, 31463.
04/10/2000MotionFiled Motion and Order/Excess Pages. Appellant (LV Jaycees Senior Citizens) may file a brief in excess of 30 pages. Granted: 45 pages. (Requested in No. 30451.) Nos. 30411, 30451, 31463.
04/17/2000BriefFiled Opening Brief. Appellant's Opening Brief (lodged in 30411 only). Appellant Laverne M. Henry. (Mailed on: 4/14/00.) Nos. 30411, 30451, and 31463.
04/17/2000AppendixFiled Joint Appendix. Vols 1 through 5. Nos. 30411, 30451, and 31463. (Lodged in 30411 only). Appellant Laverne M. Henry.
04/18/2000BriefFiled Opening Brief. Appellant's (Las Vegas Jaycees Senior Citizens) Opening Brief. (Lodged in 30451 and 31463 only.) (Mailed on: LV Drop Box 4/14/00.) Nos. 30411, 30451, & 31463.
05/18/2000MotionFiled Motion to Extend Time. Respondent Edward Henry's Motion to extend time to file Answering Brief. (Lodged in Nos. 30451 and 31463 only). Nos. 30411, 30451, 31463.
05/19/2000BriefFiled Answering Brief. Respondent's Answering Brief (Las Vegas Jaycees Senior Citizens). Mailed on: Las Vegas Drop Box 5/17/00. (Lodged in 30411 only.) Nos. 30411, 30451, & 31463.
05/19/2000BriefFiled Answering Brief. Respondent's Answering Brief. (Laverne M. Henry) (Lodged in 30411 and 31463.) Mailed on: 5/17/00. Nos. 30411, 30451, & 31463.
05/22/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Respondent Edward C. Henry shall have to and including June 19, 2000, to file an Answering Brief in Docket Nos. 30451 and 31463. Nos. 30411, 30451, 31463.
05/30/2000Other Other. Filed Non-Opposition to Edward Henry's Motion to Extend Time to File Answering Brief. Nos. 30411, 30451, 31463.
05/30/2000Letter/IncomingFiled Letter. from attorney Whitney C. Wilcher of Eglet Prince law firm. Their law firm and William McGaha of Delanoy Schuetze & McGaha will be filing a joint Answering Brief on behalf of Edward Henry. Nos. 30411, 30451, 31463.
06/19/2000BriefFiled Reply Brief. Appellant's Reply Brief. (Laverne M. Henry) Mailed on: 6/16/00. (Lodged in 30411 only.) (Nos. 30411, 30451, and 31463).
06/19/2000BriefFiled Answering Brief. Respondent Edward Henry's Answering Brief. Mailed on: Fed Ex 6/16/00. (Lodged in 30451 and 31463 only.) (Nos. 30411, 30451, and 31463).
06/21/2000BriefFiled Reply Brief. Appellant's Reply Brief (LV Jaycees). Mailed on: LV Drop Box. (Lodged in 30451 and 31463 only.) (Nos. 30411 , 30451, and 31463)
07/21/2000BriefFiled Reply Brief. Appellant's Reply Brief to Respondent Edward Henry's Answering Brief. (LV Jaycees) Mailed on: LV Drop Box 7/19/00. Lodged in 30451 & 31463 only. (Nos. 30411, 30451, 31463)
03/16/2001Order/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. 30411/30451/31463. (01-04783) 01-04783
03/16/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-CY/ML/NB. Nos. 30411/30451/31463.
05/16/2001Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. These are consolidated appeals from a final judgment and rulings on several post-trial motions. fn1[The record reflects that the Henrys established a duty and breach thereof on behalf of the Jaycees and a prima facie case of negligence. We conclude that the district court did not err in denying the Jaycees' motion for a directed verdict based upon a reasonable inference of negligence.] fn2[The Jaycees argue that LaVerne failed to object to the testimony during trial. The record reflects that the district court denied LaVerne's motion in limine to exclude evidence of the Jaycees' charitable function. The motion was renewed and denied at trial. Because the district court erred in admitting evidence regarding the Jaycees' financial status and civic good deeds, ' . . . we ORDER the final judgment of the district court REVERSED AND REMAND this matter to the district court for a new trial.' fn5[In light of our disposition, we do not reach the remaining issues.] SNP01A-CY/ML/NB. Nos. 30411/30451/31463. 01-08137
06/12/2001RemittiturIssued Remittitur. 01-08183
06/12/2001Case Status Update Remittitur Issued/Case Closed.
07/05/2001RemittiturFiled Remittitur. Received by County Clerk on June 19, 2001. 01-08183