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United States Court Cases

Nevada Supreme/Appellate Court Record

GOEDEN VS. HOME BUILDERS GROUP

Case Information: 42236
Short Caption:GOEDEN VS. HOME BUILDERS GROUPCourt:Supreme Court
Related Case(s): 38955
Lower Court Case(s):Clark Co. - Eighth Judicial District - A440567Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/06/2003 / Roitman, HowardSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/27/2003Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Patti & Sgro - check no. 4735 - additional $150.00 due.
10/27/2003Notice 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.) 03-17861
10/27/2003Notice/OutgoingIssued Notice to Provide Proof of Service. Notice of Appeal. Due date: 10 days.
11/03/2003Filing FeeReceived Filing Fee Paid on Filing. Additional $150.00 from Patti & Sgro, Ltd.--check no. 4752.
11/03/2003Notice/IncomingFiled Proof of Service. for Notice of Appeal, Case Appeal Statement and Notice of Posting Cost Bond. 03-18243
11/03/2003Filing Fee Returned Filing Fee. Check No. 4751 returned to Patti & Sgro, Ltd. (No fee due for amended notice of appeal.)
11/03/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 03-18246
11/05/2003Notice/IncomingFiled Proof of Service. (Notice of Appeal, Case Appeal Statement., and Notice of Posting Cost Bond). 03-18465
11/06/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Howard Roitman. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/01/2003Order/ProceduralFiled Order. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal as abandoned. 03-19874
12/11/2003Other Returned Unfiled Document.
12/22/2003Docketing StatementFiled Docketing Statement. 03-21253
12/23/2003Notice/Outgoing Letter. Howard Roitman. (docketing statement)
04/14/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-06888
04/22/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 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). 04-07423
04/26/2004Notice/IncomingFiled Substitution of Attorneys. Santoro, Driggs, Walch, Kearney, Johnson & Thompson in place and stead of Patti & Sgro as counsel for appellants. 04-07641
06/23/2004MotionFiled Motion for Stay. Joint Motion to Stay Appeal, to Vacate Orders Directing Appellants to Take any Action on this Appeal and Setting Settlement Conferences, pending Approval of Bankruptcy Settlement. 04-11481
07/06/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). To date appellant has failed to comply with our order of April 22, 2004. We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document. 04-12213
07/16/2004Notice/IncomingFiled Status Report. Status Report in Response to Order to Comply with NRAP 9(a). 04-12956
07/28/2004Notice/IncomingFiled Status Report. 04-13774
08/02/2004Notice/IncomingFiled Proof of Service. for Status Report. 04-14011
10/20/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. 04-19384
10/21/2004MotionFiled Motion to Dismiss Appeal. Joint Motion for Dismissal of Appeal. 04-19468
12/07/2004Order/ProceduralFiled Order. On April 22, 2004, this court entered an order reinstating briefing as the parties were unable to agree to a settlement. The parties have filed a joint motion to stay this appeal. The parties have also filed 2 status reports informing this court that they are 'awaiting approval from the Bankruptcy Court which would finalize the settlement.' We note that it appears that this appeal is subject to the automatic bankruptcy stay. Accordingly, briefing and the requesting of transcripts are stayed pending further order of this court. In light of the automatic stay, we deny as moot, as parties' motion for stay. The parties have also recently filed a 'Joint Motion for Dismissal of Appeal.' The parties represent that they have agreed to a settlement of this matter and that the appeal should be dismissed. The parties also represent that the bankruptcy court entered an order entitled, 'Order Granting Motion to approve Compromise with Investment Equity Homes,' on September 23, 2004, which would allow this court to dismiss the appeal. The parties state that a 'true and exact copy' of that order is attached to the motion for dismissal. We note, however, that there are no attachments to the motion. Accordingly, we defer ruling on the motion for dismissal. Appellants shall have 20 days form the date of this order to file a copy of that bankruptcy court order along with a status report explaining whether that order lifts the automatic bankruptcy stay such that this court may dismiss the appeal pursuant to the motion for dismissal. fn1[The settlement judge has filed an updated settlement conference report indicating that the parties have agreed to a settlement of this matter. Accordingly, this appeal shall be returned to the settlement conference program. ] 04-22341
01/04/2005Notice/IncomingFiled Status Report. Status Report Pursuant to December 7, 2004 Order. 05-00151
01/06/2005Notice/IncomingFiled Proof of Service. Status Report Pursuant to December 7, 2004 Order. 05-00340
02/15/2005Order/DispositionalFiled Stipulated Dismissal. Appellants have filed status report in response to the December 7, 2004, order. Attached to the report is an order filed in the United States Bankruptcy Court entitled 'Order Granting Motion to Approve Compromise with Investment Equity Homes.' We note that on page 4 of that order the bankruptcy court orders the parties to 'immediately stipulate to dismiss' this appeal. Cause appearing, the parties' joint motion to dismiss this appeal is granted. 'This appeal is dismissed.' The parties shall bear their own costs and attorney fees. NRAP 42(b). NNP05-WM/MD/RP 05-02950
02/15/2005Case Status Update Case Closed. No remittitur issued.