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United States Court Cases

Nevada Supreme/Appellate Court Record

GOLDBERG VS. MAYFIELD C/W 39887/40164

Case Information: 40408
Short Caption:GOLDBERG VS. MAYFIELD C/W 39887/40164Court:Supreme Court
Consolidated: 39887 *, 40164 , 40408Related Case(s): 39887 , 40164 , 40787 , 49071
Lower Court Case(s):Clark Co. - Eighth Judicial District - A415438Classification:Civil Appeal - General - Other
Disqualifications:ParraguirreCase Status:Case Closed
Replacement:Justice Becker for Justice ParraguirrePanel Assigned: Panel
To SP/Judge:10/31/2002 / Berkson, LesterSP Status:Completed
Oral Argument:04/11/2005 at 1:30 PMOral Argument Location:Carson City
Submission Date:04/11/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/29/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Jolley Urga Wirth & Woodbury--check no. 526308.
10/29/2002Notice 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.) 02-18601
10/31/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/14/2002Docketing StatementFiled Docketing Statement. 02-19620
11/15/2002Notice/Outgoing Letter. Lester H. Berkson. (Docketing statement)
12/13/2002MotionFiled Motion to Consolidate. Motion to Consolidate; Joinder in Mayfields' Motion to Consolidate. 02-21389
01/21/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. The parties were unable to agree to a settlement of this matter. Recommended that cases 39887, 40164 and 40408 be consolidated for purposes of appeal. Also, related appeal 40787 should be consolidated. 03-01090
02/24/2003Transcript RequestFiled Certificate of No Transcript Request. Notice Regarding Request for Transcript of Proceedings. 03-03100
04/30/2003Order/ProceduralFiled Order. Consolidating Appeals and Reinstating Briefing. We grant the unopposed motions and consolidate the appeals in Docket Nos. 39887, 40164 and 40408 for all appellate purposes. The settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement of these matters. Accordingly, we reinstate the deadlines for filing briefs. Docket No. 39887: on August 2, 2002, and September 3, 2002, respectively, court reporter Paula Walsh filed certified copies of the transcripts for proceedings conducted on April 8, 2002, and August 5, 2002. Ms. Walsh notified this court that the transcripts for proceedings conducted on June 3, 2002, were prepared and filed in the district court on June 13, 2002, prior to the docketing of these consolidated appeals. If the Mayfields will be citing to the June 3, 2002, transcript in their opening brief, they shall include a file-stamped copy of that transcript in the appendix to their opening brief. Because we have consolidated these appeals, the parties shall adhere to the following briefing schedule. The Mayfields and Gerald T. Cooney and Beverly J. Cooney (the Cooneys) shall each have 120 days from the date of this order to file and serve an opening brief and appendix that addresses all issues raised in their appeals. Ms. Goldberg and Sheldon F. Goldberg shall each have 30 days from service of the Mayfields' and the Cooneys' opening briefs to file and serve a combined answering brief that responds to all issues raised by the Mayfields and the Cooneys, and an opening brief that addresses the issues in the appeal in Docket No. 40408. The Mayfields and the Cooneys shall each have 30 days from service of Ms. Goldberg's and Mr. Goldberg's combined briefs to file a combined reply brief in their appeals and answering brief for the appeal in Docket No. 40408. Ms. Goldberg and Mr. Goldberg shall each have 30 days from service of the Mayfields' and the Cooneys' combined briefs to file and serve a reply brief for Docket No. 40408. On August 9, 2002, Ms. Goldberg filed a response to the docketing statement filed by the Mayfields in Docket No. 39887. Although the docketing statement filed by the Mayfields in Docket No. 39887 contains all the deficiencies identified by Ms. Goldberg, the Mayfields did file a complete and accurate docketing statement with all necessary documents attached in Docket No. 40164. Ms. Goldberg has not demonstrated that she has been prejudiced by the deficiencies in the docketing statement filed in Docket No. 39887. Accordingly, we deny Ms. Goldberg's request for sanctions. Nos. 39887/40164/40408. (03-07325)
08/29/2003MotionFiled Motion and Order Extending Time. Brief due: September 29, 2003. (Cooneys) Nos. 39887/40164/40408 (03-14631).
09/02/2003MotionFiled Motion and Order Extending Time. Brief due: September 29, 2003. Appellants Helen and Seaynoah Mayfields's Opening Brief. Nos. 39887/40164/40408 (03-14744).
09/29/2003MotionFiled Motion to Extend Time. Nos. 39887/40164/40408 (03-16178).
10/02/2003Order/ProceduralFiled Order Granting Motion. filed September 29, 2003. The Cooneys shall have until October 29, 2003, to file and serve their opening brief and appendix in Docket Nos. 39887 and 40164. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 39887/40164/40408. (03-16374)
10/02/2003BriefFiled Opening Brief. Appellants, Helen and Seaynoah Mayfield's Opening Brief. Nos. 39887/40164/40408 (03-16389).
10/02/2003AppendixFiled Appendix to Opening Brief. Appellants, Helen and Seaynoah Mayfield's Appendix to Opening Brief. Nos. 39887/40164/40408 (03-16390).
10/10/2003MotionFiled Motion to Extend Time. The Goldbergs' Motion for Extension of Time for Filing Answering Brief and Opening Brief. Nos. 39887/40164/40408 (03-16897).
10/16/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed October 10, 2003. Respondents/appellants (the Goldbergs) shall have 30 days from service of the Cooney's opening brief to file and serve their combined answering brief in Docket Nos. 39887 and 40164 and opening brief in Docket No. 40408. Nos. 39887/40164/40408. (03-17189)
10/20/2003MotionFiled Motion and Order/Excess Pages. Cooney's Motion for Permission to File Opening Brief in Excess of 30 Pages. Granted: 39 pages. Nos. 39887/40164/40408 (03-17450).
10/20/2003BriefFiled Opening Brief. Appellants Gerald T. And Beverly J. Cooneys' Opening Brief. Nos. 39887/40164/40408 (03-17454).
10/20/2003AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. Nos. 39887/40164/40408 (03-17455).
10/20/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 9 (Trial Transcripts). Nos. 39887/40164/40408 (03-17456).
11/17/2003MotionFiled Motion to Extend Time. The Goldbergs' Second Motion for Extension of Time for Filing Answering Brief and Opening Brief. Nos. 39887/40164/40408 (03-19146).
11/20/2003Order/ProceduralFiled Order Granting Motion. Respondents/cross-appellants Sheldon Goldberg and Barbara Goldberg ('the Goldbergs') have filed a motion requesting a second extension of time to file their combined answering brief in Docket Nos. 39887 and 40164 and opening brief in Docket No. 40408. Cause appearing, we grant the motion. The Goldbergs shall have until December 23, 2003, to file and serve their combined brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 39887/40164/40408. (03-19354)
12/26/2003MotionFiled Motion and Order/Excess Pages. Goldberg's Motion for Permission to File Answering Brief in Excess of 30 Pages. Granted: 44 pages. Nos. 39887/40164/40408 (03-21504).
12/26/2003BriefFiled Answering Brief. Respondent Barbara and Sheldon Goldberg's Answering Brief. Nos. 39887/40164/40408 (03-21505).
12/26/2003AppendixFiled Appendix to Answering Brief. Nos. 39887/40164/40408 (03-21506).
12/26/2003BriefFiled Opening Brief. Cross-Appellant Barbara Goldberg's Opening Brief. Nos. 39887/40164/40408 (03-21507).
01/23/2004MotionFiled Motion and Order Extending Time. Cooney Brief due: February 23, 2004. Nos. 39887/40164/40408 (04-01407).
01/30/2004MotionFiled Motion and Order Extending Time. Mayfield Brief due: March 1, 2004. Nos. 39887/40164/40408 (04-01982)
02/24/2004MotionFiled Motion to Extend Time. Cooney's Motion for Extension of Time for Filing Reply Brief on Appeal and Answering Brief on Cross-Appeal. Nos. 39887/40164/40408 [04-03555]
02/27/2004MotionFiled Response to Motion. Respondent Barbara A. Goldberg's Opposition to Motion for Extension of Time for Filing Reply Brief on Appeal Answering Brief on Cross-Appeal. Nos. 39887/40164/40408 (04-03768).
03/04/2004BriefFiled Reply Brief. Appellants, Helen and Seaynoah Mayfield's Reply Brief. Nos. 39887/40164/40408 (04-04153).
03/04/2004BriefFiled Answering Brief. Appellants/Cross-Respondents, Helen and Seaynoah Mayfield's Answering Brief. Nos. 39887/40164/40408 (04-04154).
03/04/2004AppendixFiled Appendix to Reply Brief. Appellants Helen and Seaynoah Mayfield's Appendix to Answering and Reply Brief. Nos. 39887/40164/40408 (04-04155).
03/12/2004BriefFiled Reply Brief. Gerald T. and Beverly J. Cooneys' Reply Brief on Appeal and Answering Brief on Cross-Appeal. Nos. 39887/40164/40408 (04-04744).
03/12/2004AppendixFiled Appendix to Reply Brief. Cooney Appendix Vol. 3. Nos. 39887/40164/40408 (04-04745).
03/15/2004Notice/IncomingFiled Proof of Service. to Appellants, Helen and Seaynoah Mayfield's Reply Brief. Attached to inside back cover of original and copies of brief. Nos. 39887/40164/40408 (04-04915).
03/24/2004BriefFiled Joinder to Brief. Appellants, Helen and Seaynoah Mayfield's Joinder to Selected Portions of Appellants, Gerald T. and Beverly J. Cooney's Reply Brief on Appeal and Answering Brief on Cross-Appeal. Nos. 39887/40164/40408 (04-05531).
04/01/2004MotionFiled Motion to Extend Time. Barbara A. Goldberg's Motion for Extension of Time for Filing Reply Brief. Nos. 39887/40164/40408. (04-06061)
04/09/2004Order/ProceduralFiled Order Denying Motion. On January 23, 2004, this court entered an order granting the Cooneys motion for an extension of time to file their combined brief by February 23, 2004. On February 24, 2004, the Cooneys moved for a second extension of time to file the combined brief. Barbara A. Goldberg opposes the motion. The Cooneys' combined brief having been filed on March 12, 2004, we deny the motion for an extension of time as moot. Ms. Goldberg has moved for an extension of time until April 12, 2004, to file her reply brief in Docket No. 40408. As the Cooneys' combined brief was filed on March 12, 2004, Ms. Goldberg's reply brief is not due to be filed until April 12, 2004. See Order dated April 30, 2003. Accordingly, we deny Ms. Goldberg's motion for an extension of time as moot. Nos. 39887/40164/40408. (04-06606)
04/14/2004BriefFiled Reply Brief. Cross-Appellant Barbara Goldberg's Reply Brief. Nos 39887/40164/40408 (04-06918).
04/14/2004AppendixFiled Appendix to Reply Brief. Appendix to Cross-Appellant Barbara Goldberg's Reply Brief. Nos 39887/40164/40408 (04-06919).
11/24/2004BriefFiled Supplemental Authorities. Gerald and Beverly Cooneys' Supplemental Authorities. Nos. 39887/40164/40408. (04-21614)
02/22/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes on April 11, 2005, at 1:30 p.m. (NNP05-WM/MD/RP) (Nos. 39887/40164/40408)
02/28/2005OtherDisqualification of Justice Parraguirre. Sat in district court proceedings.
03/28/2005Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 39887/40164/40408
04/01/2005MotionFiled Motion. Motion for Determination Regarding Allocation of Oral Argument Time. Argument is scheduled for April 11, 2005, at 1:30 p.m. for 60 minutes. Nos. 39877/ 40164/ 40408. (05-06440)
04/05/2005MotionFiled Response to Motion. Response to Motion for Determination Regarding Allocation of Oral Argument Time. Nos. 39887/40164/40408. [05-06629]
04/07/2005Order/ProceduralFiled Order Granting Motion. and Allocating Oral Argument Time. These consolidated appeals are scheduled for a 60-minute oral argument before the Northern Nevada Panel on April 11, 2005, at 1:30 p.m. in Carson City. The Cooneys and Mayfields shall have 30 minutes for oral argument, to be divided among them as they see fit, and the Goldbergs shall have 30 minutes for oral argument. Nos. 39877/40164/40408. (05-06808)
04/11/2005Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP05-NB/WM/MD. Nos. 39887/ 40164/ 40408.
01/31/2006Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. These are consolidated appeals. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." Nos. 39887/40164/40408 06-02241
02/21/2006Post-Judgment PetitionFiled Petition for Rehearing. Nos. 39887/40164/40408. [06-03786]
02/21/2006Post-Judgment PetitionFiled Petition for Rehearing.
04/19/2006Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Appellants Cooney and Respondent Goldberg shall each have 15 days from the date of this order within which to file and serve an answer. Nos. 39887/40164/40408 (06-08200).
05/05/2006Post-Judgment PetitionFiled Answer to Petition for Rehearing. Gerald and Beverly Cooneys' Answer to Petition for Rehearing. Nos. 39887/40164/40408 (06-09432).
05/05/2006Post-Judgment PetitionFiled Answer to Petition for Rehearing. Seaynoah and Helen Mayfield. Nos. 39887/10464/40408 (06-09482).
05/08/2006Post-Judgment PetitionFiled Answer to Petition for Rehearing. Respondent Barbara A. Goldberg's Answer to Petition for Rehearing. Nos. 39887/40164/40408 (06-09614).
05/19/2006Other Other. Filed Response to Appellant Seaynoah Mayfield's Answer to Petitions for Rehearing. Nos. 39887/40164/40408 (06-10879). 05/25/06 Order: stricken. Nos. 39887/40164/40408.jcr
05/22/2006Other Other. Filed Mayfielfd's Response to Barbara Goldberg's Response regarding Mayfields' Answer to Petition for Rehearing. Nos. 39887/40164/40408 [06-10762]
05/25/2006Order/ProceduralFiled Order. The Mayfields are unquestionably entitled to answer petitions that seek rehearing of the Order of Reversal and Remand. The Mayfields' answer was properly filed upon its receipt. We direct the clerk of this court to strike Goldberg's May 19, 2006, "Response to Appellant Seaynoah Mayfield's answer to petitions for rehearing." Nos. 39887/ 40164/ 40408. (06-11135)
07/06/2006Post-Judgment OrderFiled Order/Rehearing Denied. We have considered both petitions and conclude that rehearing is not warranted. "We deny rehearing." NRAP 40(c). NNP05-NB/WM/MD. Nos. 39887 / 40164 / 40408. (06-13877)
07/17/2006Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Nos. 39887/40164/40408. (06-14733)
07/17/2006Post-Judgment PetitionFiled Petition for En Banc Reconsideration. submitted by Lemons, Grundy and & Eisenberg. Nos. 39887/40164/40408 (06-14853).
08/02/2006RemittiturIssued Remittitur. 06-15063
08/02/2006Case Status Update Remittitur Issued/Case Closed.
08/17/2006RemittiturFiled Remittitur. Received by County Clerk on August 4, 2006. 06-15063
09/13/2006Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Appellants Gerald and Beverly Cooney and respondent Barbara Goldberg have filed petitions for en banc reconsideration. Having considered the petitions on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petitions DENIED." fn1[The Honorable Ron Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC. Nos. 39887/40164/40408. (06-18857)