| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/09/2009 | Filing Fee | Filing Fee due. | | |
| 11/09/2009 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) | | 09-27100
|
| 11/12/2009 | Notice/Outgoing | Issued Notice to Transmit Required Document. Due Date: 10 days (6/2/06 - Order on Paintiff's Motion for conditional Class Certification and Bifurcation of the Trial and the 6/2/06 Notice of Entry.) | | 09-27493
|
| 11/12/2009 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP - check no. 2718. (Appellants/Cross-Respondents) | | |
| 11/23/2009 | Order/Incoming | Filed District Court Order. Order on Plaintiffs' Motion for Conditional Class Certification and Bifurcation of the Trial. Certified copy of order filed in district court on 6/2/09. | | 09-28590
|
| 11/23/2009 | Order/Incoming | Filed District Court Order. Notice of Entry of Order Denying Plaintiffs' Motion for Conditional Class Certification and Bifurcation of the Trial. Certified copy of order filed in district court on 6/2/06. | | 09-28594
|
| 11/25/2009 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Leonard I. Gang | | 09-28825
|
| 12/01/2009 | Docketing Statement | Filed Docketing Statement. | | 09-29012
|
| 12/01/2009 | Exhibit | Filed Exhibit (original). Exhibits 1A - 3B. | | 09-29040
|
| 12/01/2009 | Exhibit | Filed Exhibit (original). Exhibit 3C - 3D. | | 09-29048
|
| 12/01/2009 | Exhibit | Filed Exhibit (original). Exhibit 3F - 7. | | 09-29047
|
| 12/02/2009 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Koeller, Nebeker, Carlson & Haluck check no. 3721. (Respondents/Cross-Appellants) | | |
| 12/02/2009 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellants.) | | 09-29120
|
| 12/02/2009 | Notice of Appeal Documents | Filed Case Appeal Statement. Amended Case Appeal Statement. | | 09-29123
|
| 12/14/2009 | Letter/Incoming | Filed Letter. Letter from Respondents/Cross-Appellants with attached copies of district court documents. | | 09-30158
|
| 12/21/2009 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellants | | 09-30830
|
| 12/21/2009 | Appendix | Filed Appendix. Appendix for Respondents/Cross-Appellants Docketing Statement. Vols. 1-6. | | 09-30853
|
| 12/22/2009 | Notice/Incoming | Filed Errata. | | 09-31039
|
| 01/28/2010 | Letter/Incoming | Filed Letter. Requesting Court's permission to manage the settlement conference outside of normal procedures of NRAP 16, including request for extension of time of 90 days beyond due date of final settlement program status report. | | 10-02492
|
| 02/01/2010 | Letter/Incoming | Filed Letter. Requesting Court's permission to manage the settlement conference outside of normal procedures of NRAP 16, including request for extension of time of 90 days beyond due date of final settlement program status report. | | 10-02776
|
| 02/19/2010 | Order/Procedural | Filed Order. We approve the parties' request to utilize private mediation in lieu of formal assignment to the court's settlement program. The parties agree to fully comply with the procedural, reporting and time requirements of NRAP 16. | | 10-04614
|
| 03/23/2010 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is scheduled for the following date: 3/23/10 | | 10-07588
|
| 03/29/2010 | Settlement Program Report | Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. | | 10-08116
|
| 03/31/2010 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellants and Respondents: 15 days to request transcripts; Appellants: 90 days to file and serve opening brief and appendix; Respondents: 30 days from opening brief to file combined answering brief on appeal and opening brief on cross-appeal; Appellants: 30 days from respondents' combined brief to file combined reply brief on appeal and answering brief on cross-appeal; Respondents: 30 days from appellants' combined brief to file reply brief on cross-appeal. | | 10-08328
|
| 04/16/2010 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 5/30/06, 5/14/07, 11/29/07, 12/10/07, 1/07/08, 1/08/08, 2/22/08, 12/02/08, and 6/30/09. To Court Reporters: Janet Alexander/Partricia Farquharson/Yvette Rodriguez/Janet Trimmer/Norma Ramirez. (Notice of Filing Request for Transcript of Proceedings). (Appellants/Cross-Respondents). | | 10-09940
|
| 05/24/2010 | Notice/Outgoing | Issued Notice to Request Transcripts. Respondents/Cross-Appellants. | | 10-13377
|
| 06/03/2010 | Transcript Request | Filed Certificate of No Transcript Request. Respondents/Cross-Appellants' Certificate of No Transcript Request | | 10-14305
|
| 06/24/2010 | Motion | Filed Stipulation. Stipulation for Extension of Filing Deadline. (38) days. (Appellants/Cross-Respondents) | | 10-16580
|
| 06/30/2010 | Order/Procedural | Filed Order. Granting Motion. Opening Brief and Appendix due: August 6, 2010. | | 10-17086
|
| 07/29/2010 | Motion | Filed Motion. Joint Motion to File Large Index as Separate Volume in the Appendix, rather than in Each Volume. | | 10-19674
|
| 08/09/2010 | Motion | Filed Motion for Excess Pages. Motion for Leave to File Oversize Opening Brief. (116) pages. | | 10-20432
|
| 08/09/2010 | Brief | Received Opening Brief. Via E-Flex. FILED PER ORDER OF 8/20/10. | | |
| 08/09/2010 | Appendix | Filed Joint Appendix. Vols. 1 - 25 (via FTP) | | 10-20520
|
| 08/09/2010 | Appendix | Filed Joint Appendix. Vols. 26 - 50 (via FTP) | | 10-20523
|
| 08/09/2010 | Appendix | Filed Joint Appendix. Vols. 51 - 75 (via FTP) | | 10-20526
|
| 08/09/2010 | Appendix | Filed Joint Appendix. Vols. 76 - 100 (via FTP) | | 10-20538
|
| 08/09/2010 | Appendix | Filed Joint Appendix. Vols. 101 - 125 (via FTP) | | 10-20544
|
| 08/09/2010 | Appendix | Filed Joint Appendix. Vols. 126 - 150 (via FTP) | | 10-20549
|
| 08/09/2010 | Appendix | Filed Joint Appendix. Vols. 151 - 170 (via FTP) | | 10-20552
|
| 08/10/2010 | Transcript Request | Filed Request for Transcript of Proceedings. Appellant/Cross-Respondent's Supplemental Request. Transcripts requested: 02/26/08 and 06/27/08. To Court Reporter: Norma Ramirez. | | 10-20674
|
| 08/11/2010 | Motion | Filed Motion for Permission to File Document. Motion For Leave To File Brief of the Nevada Justice Association as Amicus Curiae In Support of the Position of Certain Appellants. | | 10-20813
|
| 08/11/2010 | Brief | Received Amicus Brief. Via E-Flex. Amicus Curiae Brief of the Nevada Justice Association. FILED PER ORDER OF 8/20/10. | | |
| 08/13/2010 | Motion | Filed Motion. Notice of Withdrawal of Counsel-Attorney Beau Sterling. | | 10-21057
|
| 08/20/2010 | Order/Procedural | Filed Order. Granting Motions Regarding Briefs and Appendix and Regarding Notice of Withdrawal. Motions of 7/29; 8/9; and 8/11 are granted. The clerk of this court is directed to file the opening brief and amicus curiae briefs, provisionally received in this court on August 9 and 11, 2010, respectively. The motion to withdraw as counsel is denied. | | 10-21386
|
| 08/20/2010 | Brief | Filed Opening Brief. Opening Brief Appellants/Cross-Respondents. | | 10-21392
|
| 08/20/2010 | Brief | Filed Amicus Brief. Amicus Curiae Brief of the Nevada Justice Association. | | 10-21394
|
| 09/03/2010 | Notice/Incoming | Filed Notice. Second Notice of Errata of Appellants. | | 10-22705
|
| 09/20/2010 | Motion | Filed Stipulation for Extension to File Answering Brief on Appeal and Opening Brief on Cross-Appeal. | | 10-24089
|
| 09/20/2010 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Respondents/Cross-Appellants Answering Brief due: October 20, 2010. | | 10-24096
|
| 10/18/2010 | Appendix | Filed Appendix . Supplement to Joint Appendix Volume 171. | | 10-27183
|
| 10/18/2010 | Notice/Incoming | Filed Notice. Notice of Supplement to Joint Appendix. | | 10-27185
|
| 10/18/2010 | Notice/Incoming | Filed Notice. Notice of Corrected Citations. | | 10-27186
|
| 10/20/2010 | Motion | Filed Motion for Extension to File Answering Brief on Appeal and Opening Brief on Cross-Appeal. | | 10-27434
|
| 11/17/2010 | Order/Procedural | Filed Order Granting Motion. Respondents/cross-appellants' Answering Brief due: December 20, 2010. | | 10-30081
|
| 12/20/2010 | Motion | Filed Second Motion for Extension to File Answering Brief on Appeal and Opening Brief on Cross-Apeal. (30) days. (Respondent/Cross-Appellant). | | 10-33230
|
| 12/30/2010 | Order/Procedural | Filed Order Granting Motion. Respondent/Cross-Appellant's Answering Brief due: January 19, 2011. | | 10-34061
|
| 01/19/2011 | Motion | Filed Motion to Extend Time. Motion for Extension to File Answering Brief on Appeal and Opening Brief on Cross-Appeal. | | 11-01938
|
| 02/03/2011 | Motion | Filed Motion to Exceed Page Limit on Answering Brief on Appeal and Opening Brief on Cross-Appeal. (79) pages. | | 11-03411
|
| 02/04/2011 | Motion | Filed Response to Motion. Opposition of Appellants to Motion of Respondents to Exceed Page Limit; and Cross-Motion of Appellants to Deem Failure to File Brief Appellate Brief by Respondents as a Confession of Error. | | 11-03560
|
| 02/07/2011 | Motion | Filed Motion Withdrawal Of: Opposition Of Appellants To Motion Of Respondents To Exceed Page Limit; And Cross-Motion Of Appellants To Deem Failure To File Appellate Brief By Respondents As A Confession Of Error. | | 11-03744
|
| 02/10/2011 | Order/Procedural | Filed Order Granting Motions for Extension of Time to File Brief and for Excess Pages. We direct the clerk of this court to file the brief received on February 3, 2011. fn1[ On February 4, 2011, appellants/cross-respondents filed an opposition to the motion to exceed the page limit, but they withdrew their opposition on February 7, 2011. We grant the withdrawal of the opposition.] | | 11-04388
|
| 02/10/2011 | Brief | Filed Del Webb's Answering Brief on Appeal and Opening Brief on Cross-Appeal. | | 11-04389
|
| 03/11/2011 | Motion | Filed Consent Motion for Extension of Filing Deadline of Reply/Answering Brief. (60) days. (Appellant/Respondents). | | 11-07585
|
| 03/24/2011 | Order/Procedural | Filed Order Granting Motion for Extension of Time to File Reply Brief on Appeal and Answering Brief and Cross-Appeal. Brief due May 13, 2011. | | 11-08957
|
| 05/16/2011 | Motion | Filed Motion for Leave to File Oversize Brief. Homeowners' Combined Reply Brief on Appeal and Answering Brief on Cross-Appeal. Total 49 pages. | | 11-14352
|
| 05/16/2011 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Homeowners' Combined Reply Brief on Appeal and Answering Brief on Cross-Appeal. Granted - 49 pages. | | 11-14368
|
| 05/16/2011 | Brief | Filed Homeowners' Combined Reply Brief On Appeal And Answering Brief On Cross-Appeal. | | 11-14436
|
| 06/16/2011 | Motion | Filed Stipulation for Extension to File Reply Brief on Appeal. | | 11-17887
|
| 06/16/2011 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. The stipulation to extend time to file the reply brief on cross-appeal is approved. Due date: July 15, 2011. | | 11-17890
|
| 07/18/2011 | Motion | Filed Motion for Extension to File Reply Brief on Cross-Appeal. | | 11-21461
|
| 07/27/2011 | Order/Procedural | Filed Order Granting Motion for extension of Time to File Reply Brief on Cross-Appeal. Respondents/Cross-Appellants: Reply brief on cross-appeal due: August 15, 2011. | | 11-22603
|
| 08/15/2011 | Brief | Filed Reply Brief on Cross-Appeal. | | 11-24814
|
| 08/15/2011 | Appendix | Filed Appendix to Reply Brief Del Webb's Supplemental Appendix | | 11-24817
|
| 08/15/2011 | Case Status Update | Briefing Completed/To Screening. | | |
| 11/12/2013 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Argument is scheduled for Wednesday, February 5, 2013, at 2:00 p.m. in Las Vegas, for 30 minutes. | | 13-33727
|
| 11/14/2013 | Order/Clerk's | Filed Order Expanding Time for Oral Argument. This matter has been scheduled for oral argument before the en banc court on Wednesday, February 5, 2014, at 2:00 p.m. for 30 minutes. The argument will be expanded to 60 minutes. The date of the argument and start time are unchanged. | | 13-34332
|
| 01/22/2014 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 14-02139
|
| 01/24/2014 | Notice/Incoming | Filed Notice Supplemental Authority. | | 14-02520
|
| 02/05/2014 | Case Status Update | Oral argument held this day. Case submitted for decision. Before the En Banc Court. | | |
| 04/03/2014 | Notice/Incoming | Filed First Suggestion of Deaths on the Record. | | 14-10629
|
| 04/21/2014 | Notice/Incoming | Filed Second Suggestion of Deaths on the Record. | | 14-12870
|
| 05/28/2014 | Order/Procedural | Filed Order Regarding Suggestion of Death and Confirming Parties to Appeal. The clerk of this court is directed to remove the 29 appellants/cross-respondents identified in appellants/cross-respondents April 21, 2014, filing from the docket of this appeal and to modify the caption accordingly. Counsel for parties response due: 15 days. | | 14-17172
|
| 06/13/2014 | Motion | Filed Appellants/Cross-Respondents' Response to Order Regarding Suggestion of Death and Confirming Parties to Appeal and Motion for Substitution. | | 14-19497
|
| 06/25/2014 | Order/Procedural | Filed Order Directing Proper Service. Appellants/Cross-Respondents' Certificate of Service (for Response filed on June 13, 2014) due: Tuesday, July 1, 2014, by 4 p.m. fn1[The certificate shall be filed personally, electronically, or by facsimile with the clerk of this court in Carson City. Service of the document shall be personal, electronic, or by fax. We suspend application of NRAP 26(b)(1)(B), which allows the clerk of this court to grant a five-day extension of time for performining certain acts through a telephonic or written request.] | | 14-20861
|
| 06/26/2014 | Notice/Incoming | Filed Certificate of Service of Appellants/Cross-Respondents' Response to Order Regarding Suggestion of Death and Confirming Parties to Appeal and Motion for Substitution. | | 14-20967
|
| 06/27/2014 | Order/Procedural | Filed Order Granting Motion for Substitution of Parties and Directing Modification of the Caption. We direct the clerk of this court to conform the caption in this appeal to the caption on this order. | | 14-21221
|
| 06/27/2014 | Order/Dispositional | Filed Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." EN BANC | | 14-21226
|
| 07/08/2014 | Motion | Filed The Builders Association of Northern Nevada's Motion to Reissue Unpublished Order as a Published Decision. | | 14-22041
|
| 07/10/2014 | Notice/Incoming | Filed Joinder in the Builders Association of Northern Nevada's Motion to Reissue Unpublished Order as a Published Decision | | 14-22375
|
| 07/11/2014 | Notice/Incoming | Filed Associated Builders & Contractors, Inc., Nevada Chapter's Joinder to the Builders Association of Northern Nevada's Motion to Reissue Unpublished Order as a Published Decision. | | 14-22558
|
| 07/11/2014 | Notice/Incoming | Filed Nevada Homebuilders Association and Southern Nevada Homebuilders Association's Joinder in the Builders Assocation of Northern Nevada's Motion to Reissue Unpublished Order as a Published Decision. | | 14-22564
|
| 07/16/2014 | Motion | Filed Motion for Extension of Time to File Petition for Rehearing. | | 14-23037
|
| 07/16/2014 | Motion | Filed Appellants' Response to Motion for Extension of Time to File Petition for Rehearing. | | 14-23113
|
| 07/16/2014 | Motion | Filed Response to Motion to Publish Opinion. | | 14-23171
|
| 07/24/2014 | Motion | Filed Reply in Support of Motion for Extension of Time to File Petition for Rehearing. | | 14-24081
|
| 07/31/2014 | Order/Procedural | Filed Order Granting Motion for Extension of Time. Respondents/cross-appellants shall have until August 14, 2014, to file and serve any rehearing petition. Fn1[We defer ruling on the July 8, 2014, motion to publish filed by nonparty The Builders Association of Northern Nevada, and the July 11, 2014, joinders thereto filed by nonparties Nevada Chapter of Associated General Contractors of America, Associated Builders & Contractors, Inc., Nevada Chapter, Nevada Homebuilders Association, and Southern Nevada Homebuilders Association.] | | 14-25060
|
| 08/08/2014 | Motion | Filed Third Suggestion of Death on the Record and Motion for Substitution. | | 14-26000
|
| 08/15/2014 | Post-Judgment Petition | Filed Petition for Rehearing. | | 14-26886
|
| 08/15/2014 | Filing Fee | Filing fee paid. E-Payment $150.00 from Daniel F. Polsenberg | | |
| 08/20/2014 | Order/Procedural | Filed Order Directing Answer to Petition for Rehearing. Appellants/cross-respondents: 15 days to file and serve an answer to the petition. | | 14-27452
|
| 09/05/2014 | Post-Judgment Petition | Filed Answer to Petition for Rehearing. | | 14-29342
|
| 09/19/2014 | Order/Procedural | Filed Order Granting Motion for Substitution. The clerk of this court shall conform the caption in this appeal to the caption in this order. Fn1[The motion for substitution states that appellant "Minissa-Thame, Joanne, Trustee of the Minissa, Arthur & J 2001 Living Trust" should be substituted with "Maura A. Thame, Trustee of The Maura A. Thame Living Trust." In this court's caption, however, Arthur Minissa was also listed as a trustee of the Arthur & J. Minissa 2001 Living Trust. Based on the motion for substitution, Arthur Minissa has also been deleted from this caption.] Fn2[We defer ruling on the July 8, 2014, motion to reissue the unpublished order as a published opinion and the August 15, 2014, petition for rehearing.] | | 14-31231
|
| 10/23/2014 | Post-Judgment Order | Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). | | 14-35428
|
| 10/23/2014 | Order/Procedural | Filed Order Denying Motion for Publication. | | 14-35430
|
| 11/17/2014 | Remittitur | Issued Remittitur. | | 14-37791
|
| 11/17/2014 | Case Status Update | Remittitur Issued/Case Closed | | |
| 11/25/2014 | Remittitur | Filed Remittitur. Received by District Court Clerk on November 20, 2014. | | 14-37791
|