| Case Information: 42164 | |||
| Short Caption: | VACATION VILLAGE VS. DIST. CT. (FOOTHILL CAPITAL CORP.) | Court: | Supreme Court |
| Related Case(s): | 38010 , 41819 , 42013 , 43185 , 47511 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A426036 | Classification: | Original Proceeding - Civil - Mandamus/Prohibition |
| Disqualifications: | Shearing | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed |
| Replacement: | Justice Maupin for Senior Justice Shearing | Panel Assigned: | Panel |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 10/13/2003 | Other | Disqualification of Justice Shearing. Law firm of Gordon & Silver. | ||
| 10/13/2003 | Filing Fee | Filing Fee due. | ||
| 10/13/2003 | Petition/Writ | Filed Petition for Writ of Mandamus or Prohibition. | 03-16963 | |
| 10/13/2003 | Motion | Filed Motion for Stay. Emergency Motion for Stay of Execution of Judgment and for Stay of Judgment Debtor Examinations of Terrie Thompson, Cathleen Norcott, Cheryl Nolte, Gary R. Heers and Tim Heers; for Consideration of Petition for Writ of Prohibition or Mandamus being Filed Herewith in Conjunctionwith the Pending Motions to Dismiss Appeal Numbers 41819 and 42013. | 03-16964 | |
| 10/13/2003 | Notice/Outgoing | Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days | ||
| 10/13/2003 | Notice/Incoming | Filed Proof of Service. --Receipt of Copy. (Filed via fax.) | 03-16974 | |
| 10/14/2003 | Order/Procedural | Filed Order Granting Motion. filed October 13, 2003. This petition for a writ of prohibition or mandamus requests the issuance of an order 'precluding the district court from treating as final the July 7, 2003 Judgment and/or requiring the district court to liquidate the amount of the Judgment and to enter an order adjudicating all remaining claims before executing the July 7, 2003 Judgment as a final Judgment.' Petitioners further seek to preclude 'enforcement of the district court's orders' allowing the examination of judgment debtors/ petitioners Terrie Heers Thompson, Cathleen Heers Norcott, Cheryl D. Nolte, Gary R. Heers and Tim S. Heers. Petitioners have also filed an emergency motion for stay of execution of judgment and for stay of judgment debtor examinations and for consideration of the instant writ petition in conjunction with the pending motions to dismiss the appeals in Docket Nos. 41819 and 42013. We direct the real party in interest, on behalf of respondents, to file an answer against issuance of the requested writ within 20 days from the date of this order. Further, we temporarily stay all proceedings in Eighth Judicial District Court Case No. A426036 pending receipt and consideration of the real party in interest's response to the emergency motion for a stay. | 03-16990 | |
| 10/17/2003 | Notice/Incoming | Filed Proof of Service. Judge Lee A. Gates. | 03-17338 | |
| 10/17/2003 | Notice/Incoming | Filed Proof of Service. Gordon & Silver. | 03-17339 | |
| 10/20/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from John Peter Lee - check no. 32201. | ||
| 11/03/2003 | Notice/Incoming | Filed Errata. Notice of Errata to Petition for Writ of Prohibition or Mandamus. | 03-18251 | |
| 11/03/2003 | Petition/Writ | Filed Answer to Petition for Writ. Respondent's Opposition to Appellants' Petition for Writ of Prohibition or Mandamus and Opposition to Appellants' Emergency Motion for Stay. | 03-18272 | |
| 11/06/2003 | Order/Dispositional | Filed Order Granting Petition. Order Dismissing Appeals in Docket Nos. 41819 and 42013, and Granting Petition for Writ of Mandamus in docket No. 42164. As we lack jurisdiction over these appeals, we dismiss them. fn7[Foothill's motions to dismiss are denied as moot.] 'We grant the petition insofar as it seeks mandamus relief, and we direct the clerk of this court to issue a writ of mandamus compelling the district court to vacate its September 18, 2003 orders allowing the debtor examinations of petitioners Terrie Heers Thompson, Cathleen Heers Norcott, Cheryl Nolte, Gary Heers and Tim Heers.' fn9[A writ of prohibition is not available here.] fn10[As to petitioners' request for reassignment of this case based on the district court mislabeling as final certain orders and judgments, we deny relief. In light of our issuance of extraordinary relief, we deny as moot petitioners' stay motion, and we vacate our temporary stay, entered on October 14, 2003, in Docket No. 42164.] NNP04S-NB/WM/MG. Nos. 41819/42013/42164 - cases are consolidated. | 03-18509 | |
| 11/06/2003 | Writ | Issued Writ. Original and one copy of writ and copy of order mailed to John Peter Lee for service upon Judge Lee A. Gates. | 03-18548 | |
| 11/24/2003 | Notice/Incoming | Filed Proof of Service. Writ of Mandamus. | 03-19544 | |
| 11/24/2003 | Writ | Filed Writ. Served on Judge Lee A. Gates on November 18, 2003. | 03-18548 | |
| 12/02/2003 | Remittitur | Issued Notice in Lieu of Remittitur. | 03-18653 | |
| 12/02/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||