| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 06/20/2016 | Filing Fee | Filing fee due for Appeal. | | |
| 06/20/2016 | Notice of Appeal Documents | Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. | | 16-19197
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| 06/20/2016 | Notice/Outgoing | Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. | | 16-19201
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| 06/20/2016 | Notice/Outgoing | Issued Notice to File Case Appeal Statement/Civil. Due date: 10 days. | | 16-19203
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| 07/12/2016 | Filing Fee | Filing Fee Paid. $250.00 from E-Payment. Ref no. 16070639874708. | | |
| 07/13/2016 | Notice/Outgoing | Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 20 days. | | 16-21828
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| 07/14/2016 | Order/Procedural | Filed Order. Case Appeal Statement due: 10 days. | | 16-21989
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| 07/14/2016 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Carolyn Worrell. | | 16-22006
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| 08/02/2016 | Notice/Incoming | Filed Notice of Filing of Bankruptcy By C & S Company, Inc. and Request to Stay All Proceedings Before This Court. | | 16-23863
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| 08/09/2016 | Motion | Filed Response to Appellants' Notice of Filing of Bankruptcy by C & S Company, Inc. and Request to Stay All Proceedings Before This Court. | | 16-24691
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| 08/11/2016 | Settlement Program Report | Filed ECAR/Other. Appellant's corporations have filed for bankruptcy and have asked all supreme court proceedings be stayed during the bankruptcy process. The settlement conference scheduled for August 24th is hereby vacated. The settlement judge will await further instructions from the court regarding this case. | | 16-24885
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| 09/02/2016 | Settlement Order/Procedural | Filed Order Partially Dismissing Appeal and Resuming Settlement Proceedings. On August 9, 2016, counsel for appellants filed a notice informing this court that C & S Company, Inc., filed for relief under Chapter 11 of the U.S. Bankruptcy Code. Appellants have requested that this court stay all proceedings this matter. Respondents have filed a response opposing the request for stay as it pertains to the Lindburg appellants. Accordingly, we dismiss this appeal as to C & S Company, Inc., only. The clerk shall modify the caption accordingly.
Further, this matter shall proceed as to the Lindburg appellants. Accordingly, the settlement judge shall have 120 days from the date of this order to file a Final Settlement Program Status Report. Finally, counsel for the Lindburg appellants shall have 10 days from the date of this order to file the docketing statement. Failure to comply timely with this order may result in the imposition of sanctions. | | 16-27409
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| 09/13/2016 | Docketing Statement | Filed Docketing Statement. | | 16-28354
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| 11/07/2016 | Settlement Program Report | Filed Interim Settlement Program Report. The previously scheduled settlement conference is cancelled at the request of both counsel. It will be rescheduled for some time in January or after issues in the bankruptcy case are resolved. | | 16-34747
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| 02/03/2017 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued. The Settlement Judge requests a 90 day extension for this case to remain in settlement in order for certain issues to be decided by the bankruptcy court. | | 17-04034
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| 02/07/2017 | Order/Clerk's | Filed Order. Cause appearing, the settlement judge's recommendation that this appeal remain assigned to the settlement program for an additional 90 days is approved. Accordingly, the settlement judge shall file the Final Settlement Program Status Report by May 1, 2017. | | 17-04388
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| 03/08/2017 | Notice/Incoming | Filed Substitution of Attorneys (J. Michael Oakes to Replace Anthony Ciulla as counsel for the Respondent). | | 17-07903
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| 06/06/2017 | Settlement Program Report | Filed Interim Settlement Program Report. Respondent's counsel reports that the parties had reached a settlement through the bankruptcy process and was waiting for it to be confirmed by the bankruptcy court at a hearing scheduled for May 3, 2017. However, the hearing was vacated after some creditors objected to the distribution of assets. An additional attorney has been appointed to represent the bankruptcy trustee. He stated that the respondents were still willing to accept the previously negotiated settlement and to wait up to six months for payment. | | 17-18810
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| 06/09/2017 | Order/Procedural | Filed Order. On June 6, 2017, the settlement judge in this matter filed a settlement conference report indicating that the parties reached settlement through a bankruptcy process. We note that previously counsel for appellants notified this court that C & S Company, Inc., filed for bankruptcy and that on September 2, 2016, we dismissed the appeal without prejudice as to C & S Company, Inc., only. The parties, however, have not notified this court of any pending bankruptcy proceeding involving any remaining party or parties to this case. Because of this, it is unclear from the record before this court to which bankruptcy process the settlement judge's report refers. Within 30 days from the date of this order, the parties are directed to file a status report regarding the pending bankruptcy proceedings and to inform this court whether the automatic stay is applicable to this appeal. | | 17-19124
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| 07/07/2017 | Notice/Incoming | Filed Respondent's Status Report. | | 17-22550
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| 07/10/2017 | Order/Clerk's | Filed Order Granting Telephonic Extension. Appellant's Status Report due: July 24, 2017. | | 17-22797
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| 07/20/2017 | Notice/Incoming | Filed Status Report; Notice of Filing of Bankruptcy by Brad P. Lindburg and Stacey G. Lindburg; and Request to Dismiss Appeal Without Prejudice. | | 17-24109
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| 08/02/2017 | Order/Procedural | Filed Order. It would appear from the limited documentation submitted that appellants filed for bankruptcy on March 24, 2017; however, it is unclear from that documentation whether the automatic stay is currently in effect such that the instant appeal should be dismissed. Therefore, within 20 days from the date of this order, appellants are directed to file a supplemental report regarding the status of the pending bankruptcy proceedings and to inform this court whether the automatic stay is currently in effect and applicable to this appeal. Thereafter, respondent shall have ten days in which to file a response. | | 17-25680
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| 08/22/2017 | Notice/Incoming | Filed Appellants' Supplemental Report Regarding Status of Appellants' Bankruptcy. | | 17-28189
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| 09/01/2017 | Motion | Filed Respondent's Response to Appellants Supplemental Report regarding Status of Appellants Bankruptcy Petition. | | 17-29479
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| 09/13/2017 | Order/Dispositional | Filed Order/ODA/Bankruptcy. The parties agree that the automatic stay applies to this appeal, and request that this matter be stayed, rather than dismissed, pending the outcome of the bankruptcy proceedings. Judicial efficiency will be best served if this appeal is dismissed without prejudice. Accordingly, "we dismiss this appeal." We deny the parties' request for a stay. This dismissal is without prejudice to appellant's right to move for reinstatement of this appeal . . . if appellants deem such a motion appropriate. | | 17-30893
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| 10/09/2017 | Remittitur | Issued Remittitur. | | 17-34126
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| 10/09/2017 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 11/03/2017 | Remittitur | Filed Remittitur. Received by District Court Clerk on October 21, 2017. | | 17-34126
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