MAYFIELD VS. GOLDBERG C/W 39887/40408 - Nevada Supreme/Appellate Court Record

Case Information: 40164
Short Caption:	MAYFIELD VS. GOLDBERG C/W 39887/40408	Court:	Supreme Court
Consolidated:	39887 *, 40164, 40408	Related Case(s):	39887 , 40408 , 40787 , 49071
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A415438	Classification:	Civil Appeal - General - Other
Disqualifications:	Parraguirre	Case Status:	Case Closed
Replacement:	Justice Becker for Justice Parraguirre	Panel Assigned:	Panel
To SP/Judge:	09/10/2002 / Berkson, Lester	SP Status:	Completed
Oral Argument:	04/11/2005 at 1:30 PM	Oral Argument Location:	Carson City
Submission Date:	04/11/2005	How Submitted:	After Oral Argument

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
09/06/2002	Filing Fee	Filing Fee due.
09/06/2002	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Settlement. (Gerald Cooney and Beverly Cooney) Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.)		02-15413
09/06/2002	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
09/06/2002	Notice/Outgoing	Issued Notice to File Case Appeal Statement. Due Date: 10 days
09/10/2002	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/11/2002	Filing Fee	Received Filing Fee Paid on Filing. $200.00 from Lemons firm -check no. 32795.
09/13/2002	Notice of Appeal Documents	Filed Case Appeal Statement. (Appellants Cooneys.) Certified copy filed in district court on: September 11, 2002.		02-16033
09/13/2002	Filing Fee	Returned Filing Fee. Check No. 6105 returned to James J. Ream.
09/16/2002	Filing Fee	Filing Fee due.
09/16/2002	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
09/16/2002	Notice/Outgoing	Issued Notice to File Case Appeal Statement. Due Date: 10 days
09/16/2002	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal. (Seaynoah Mayfield and Helen Mayfield) Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)		02-16107
09/17/2002	Docketing Statement	Filed Docketing Statement. Appellants Cooneys.		02-16188
09/19/2002	Notice/Outgoing	Letter. Lester H. Berkson. (Notice of Appeal (Seaynoah Mayfield and Helen Mayfield) and docketing statement)
09/24/2002	Filing Fee	Received Filing Fee Paid on Filing. $200.00 from Callister and Reynolds- check no. 30750.
10/03/2002	Docketing Statement	Filed Docketing Statement.		02-17112
10/04/2002	Notice/Outgoing	Letter. Lester H. Berkson. (Docketing statement)
10/14/2002	Order/Procedural	Filed Order. The Mayfields shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement.		02-17694
10/30/2002	Notice of Appeal Documents	Filed Case Appeal Statement. Case Appeal Statement of Seaynoah Mayfield and Beverly Mayfield.		02-18663
11/05/2002	Notice/Outgoing	Letter. Lester H. Berkson. (Case Appeal Statement)
11/06/2002	Settlement Program Report	Filed Interim Settlement Program Report. The settlement conference is continued to the following date: December 17, 2002.		02-19154
12/05/2002	Motion	Filed Motion to Consolidate. Defendants, Seaynoah and Helen Mayfield's Motion to Consolidate. Nos. 39887/40167.		02-20832
01/21/2003	Settlement Program Report	Filed 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.		03-01088
04/30/2003	Order/Procedural	Filed 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)
08/29/2003	Motion	Filed Motion and Order Extending Time. Brief due: September 29, 2003. (Cooneys) Nos. 39887/40164/40408 (03-14631).
09/02/2003	Motion	Filed Motion and Order Extending Time. Brief due: September 29, 2003. Appellants Helen and Seaynoah Mayfields's Opening Brief. Nos. 39887/40164/40408 (03-14744).
09/29/2003	Motion	Filed Motion to Extend Time. Nos. 39887/40164/40408 (03-16178).
10/02/2003	Order/Procedural	Filed 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)
10/02/2003	Brief	Filed Opening Brief. Appellants, Helen and Seaynoah Mayfield's Opening Brief. Nos. 39887/40164/40408 (03-16389).
10/02/2003	Appendix	Filed Appendix to Opening Brief. Appellants, Helen and Seaynoah Mayfield's Appendix to Opening Brief. Nos. 39887/40164/40408 (03-16390).
10/10/2003	Motion	Filed Motion to Extend Time. The Goldbergs' Motion for Extension of Time for Filing Answering Brief and Opening Brief. Nos. 39887/40164/40408 (03-16897).
10/16/2003	Order/Clerk's	Filed 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)
10/20/2003	Motion	Filed 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).
10/20/2003	Brief	Filed Opening Brief. Appellants Gerald T. And Beverly J. Cooneys' Opening Brief. Nos. 39887/40164/40408 (03-17454).
10/20/2003	Appendix	Filed Appendix to Opening Brief. Vols. 1 and 2. Nos. 39887/40164/40408 (03-17455).
10/20/2003	Appendix	Filed Appendix to Opening Brief. Vols. 1 through 9 (Trial Transcripts). Nos. 39887/40164/40408 (03-17456).
11/17/2003	Motion	Filed 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).
11/20/2003	Order/Procedural	Filed 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)
12/26/2003	Motion	Filed 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).
12/26/2003	Brief	Filed Answering Brief. Respondent Barbara and Sheldon Goldberg's Answering Brief. Nos. 39887/40164/40408 (03-21505).
12/26/2003	Appendix	Filed Appendix to Answering Brief. Nos. 39887/40164/40408 (03-21506).
12/26/2003	Brief	Filed Opening Brief. Cross-Appellant Barbara Goldberg's Opening Brief. Nos. 39887/40164/40408 (03-21507).
01/23/2004	Motion	Filed Motion and Order Extending Time. Cooney Brief due: February 23, 2004. Nos. 39887/40164/40408 (04-01407)
01/30/2004	Motion	Filed Motion and Order Extending Time. Mayfield Brief due: March 1, 2004. Nos. 39887/40164/40408 (04-01982)
02/24/2004	Motion	Filed 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]
02/27/2004	Motion	Filed 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).
03/04/2004	Brief	Filed Reply Brief. Appellants, Helen and Seaynoah Mayfield's Reply Brief. Nos. 39887/40164/40408 (04-04153).
03/04/2004	Brief	Filed Answering Brief. Appellants/Cross-Respondents, Helen and Seaynoah Mayfield's Answering Brief. Nos. 39887/40164/40408 (04-04154).
03/04/2004	Appendix	Filed Appendix to Reply Brief. Appellants Helen and Seaynoah Mayfield's Appendix to Answering and Reply Brief. Nos. 39887/40164/40408 (04-04155).
03/12/2004	Brief	Filed Reply Brief. Gerald T. and Beverly J. Cooneys' Reply Brief on Appeal and Answering Brief on Cross-Appeal. Nos. 39887/40164/40408 (04-04744).
03/12/2004	Appendix	Filed Appendix to Reply Brief. Cooney Appendix Vol. 3. Nos. 39887/40164/40408 (04-04745).
03/15/2004	Notice/Incoming	Filed 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).
03/24/2004	Brief	Filed 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).
04/01/2004	Motion	Filed Motion to Extend Time. Barbara A. Goldberg's Motion for Extension of Time for Filing Reply Brief. Nos. 39887/40164/40408. (04-06061)
04/09/2004	Order/Procedural	Filed 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)
04/14/2004	Brief	Filed Reply Brief. Cross-Appellant Barbara Goldberg's Reply Brief. Nos 39887/40164/40408 (04-06918).
04/14/2004	Appendix	Filed Appendix to Reply Brief. Appendix to Cross-Appellant Barbara Goldberg's Reply Brief. Nos 39887/40164/40408 (04-06919).
11/24/2004	Brief	Filed Supplemental Authorities. Gerald and Beverly Cooneys' Supplemental Authorities. Nos. 39887/40164/40408. (04-21614)
02/22/2005	Notice/Outgoing	Issued 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)
02/28/2005	Other	Disqualification of Justice Parraguirre. Sat in district court proceedings.
03/28/2005	Notice/Outgoing	Issued Oral Argument Reminder Notice. Nos. 39887/40164/40408
04/01/2005	Motion	Filed 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)
04/05/2005	Motion	Filed Response to Motion. Response to Motion for Determination Regarding Allocation of Oral Argument Time. Nos. 39887/40164/40408. [05-06629]
04/07/2005	Order/Procedural	Filed 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)
04/11/2005	Case Status Update	Submitted for Decision. Before the Northern Nevada Panel. NNP05-NB/WM/MD. Nos. 39887/ 40164/ 40408.
01/31/2006	Order/Dispositional	Filed 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		06-02240
02/21/2006	Post-Judgment Petition	Filed Petition for Rehearing. Nos. 39887/40164/40408. [06-03786]
02/21/2006	Post-Judgment Petition	Filed Petition for Rehearing. Gerald and Beverly Cooney. Nos. 39887/40164/40408 [06-03823]
04/19/2006	Order/Procedural	Filed 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).
05/05/2006	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Gerald and Beverly Cooneys' Answer to Petition for Rehearing. Nos. 39887/40164/40408 (06-09432).
05/05/2006	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Seaynoah and Helen Mayfield. Nos. 39887/10464/40408 (06-09482).
05/08/2006	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Respondent Barbara A. Goldberg's Answer to Petition for Rehearing. Nos. 39887/40164/40408 (06-09614).
05/19/2006	Other	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
05/22/2006	Other	Other. Filed Mayfield's Response to Barbara Goldberg's Response regarding Mayfields' Answer to Petition for Rehearing. Nos. 39887/40164/40408 [06-10762]
05/25/2006	Order/Procedural	Filed 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)
07/06/2006	Post-Judgment Order	Filed 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)
07/17/2006	Post-Judgment Petition	Filed Petition for En Banc Reconsideration. Nos. 39887/40164/40408. (06-14733)
07/17/2006	Post-Judgment Petition	Filed Petition for En Banc Reconsideration. submitted by Lemons, Grundy and & Eisenberg. Nos. 39887/40164/40408 (06-14853).
08/02/2006	Remittitur	Issued Remittitur.		06-15061
08/02/2006	Case Status Update	Remittitur Issued/Case Closed.
08/17/2006	Remittitur	Filed Remittitur. Received by County Clerk on August 4, 2006.		06-15061
09/13/2006	Post-Judgment Order	Filed 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)