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United States Court Cases

Nevada Supreme/Appellate Court Record

LV JAYCEES SENIOR CITIZENS VS. HENRY C/W 30411/30451

Case Information: 31463
Short Caption:LV JAYCEES SENIOR CITIZENS VS. HENRY C/W 30411/30451Court:Supreme Court
Consolidated: 30411 *, 30451 , 31463Related Case(s): 30411 , 30451
Lower Court Case(s):Clark Co. - Eighth Judicial District - A330395
Clark Co. - Eighth Judicial District - A334646
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/09/1997 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/16/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/01/1997Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Alverson Taylor Mortensen Nelson & Sanders, Check No 7278.
12/01/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
12/04/1997Notice/OutgoingIssued Notice of Modification of Caption.
12/09/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
12/19/1997Docketing StatementFiled Docketing Statement.
01/14/1998Letter/IncomingFiled Letter. from Settlement Judge Berkson.
01/28/1998Order/ProceduralFiled Case Processing Order. The appeal in docket No. 31463 involves the same parties, the same set of facts, and similar issues for review as the consolidated appeals. We elect to consolidate the appeal in Docket No. 31463 with the already consolidated appeals in Docket Nos. 30411 and 30451. We order these consolidated matters stayed pursuant to the mandatory provisions of federal bankruptcy law. Counsel for Edward C. Henry, Pyatt & Eglet, shall have 30 days from the date of this order to file a report informing this court of the status of the bankruptcy proceeding and whether the automatic stay has been lifted by the bankruptcy court. Nos. 30411, 30451, 31463.
03/02/1998Other Other. Filed status report re: bankruptcy of respondent Edward C. Henry. Nos. 30411, 30451, and 31463.
03/16/1998Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 90 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
06/12/1998Other Other. Filed status report re: bankruptcy of Respondent Edward C. Henry. Nos. 30411, 30451, 30463.
07/16/1998Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 90 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
10/15/1998Other Other. Filed status report re: bankruptcy of Respondent Edward C. Henry. Nos. 30411, 30451, 30463.
11/03/1998Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 60 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
12/30/1998Other Other. Filed status report re: bankruptcy of Respondent Edward C. Henry. Nos. 30411, 30451, 30463.
02/01/1999Notice/IncomingFiled Notice. Of Intent to Execute on Judgment. (Nos. 30411, 30451, 31463)
02/01/1999Notice/IncomingFiled Notice. Of Entry of Order approving application by DeLanoy, English, Schuetze & McGaha, P.C. to be employed as special counsel. (Nos. 30411, 30451, 31463)
02/11/1999Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, counsel for Edward C. Henry shall, within 60 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings. (Nos. 30411, 30451, 31463)
04/08/1999MotionFiled Motion. To continue stay execution of the judgment pending determination of Las Vegas Jaycees' Motions to stay execution and for approval of supersedeas bond. (30451 only) Nos. 304ll, 30451, 31463.
06/04/1999Order/ProceduralFiled Case Processing Order. On March 25, 1999, Las Vegas Jaycees Senior Citizens filed a motion in docket No. 30451 requesting that this court continue its stay of execution of the judgment pending the resolution of motions filed in the district court to stay the execution of the judgment and for the approval of a supersedeas bond. This court has not previously entered a stay of the execution of the judgment. This appeal was stayed pursuant to the automatic stay provisions of federal bankruptcy law. We deny the motion as moot. Counsel for Edward C. Henry shall, within 10 days from the date of this order inform this court regarding the status of the bankruptcy proceedings. Nos. 30411, 30451, 31463.
11/12/1999Notice/IncomingFiled Notice. Of Entry of Order re: lifting automatic bankruptcy stay. Nos. 30411, 30451, 31463.
02/04/2000Order/ProceduralFiled Case Processing Order. On November 12, 1999, Las Vegas Jaycees Senior Citizens filed with this court a notice that on October 18, 1999, an order was entered in the United States Bankruptcy Court lifting the automatic stay to allow pursuit of state court appeals. We hereby reinstate briefing in these consolidated appeals and establish the following parallel briefing scheudles. Appellant Las Vegas Jaycees Senior citizens shall, within 40 days from the date of this order, file and serve a single, consolidated opening brief and appendix in Docket Nos. 30451 and 31463. Appellant Laverne Henry shall, within 40 days from the date of this order, file and serve an opening brief and appendix in Docket No. 30411. Thereafter, these parallel briefing schedules shall proceed in accordance with NRAP 31(a)(1). Nos. 30411, 30451, 31463.
03/02/2000MotionFiled Motion and Order Extending Time. Appellants (Henry and LV Jaycees) may have to and including April 14, 2000, within which to file the opening brief and appendices. Nos. 30411, 30451, 31463.
04/10/2000MotionFiled Motion and Order Extending Time. Appellant (LV Jaycees Senior Citizens) may file a brief in excess of 30 pages, to wit: 45 pages. (Requested in No. 30451.) Nos. 30411, 30451, 31463.
04/17/2000BriefFiled Brief. Appellant's Opening Brief. (Lodged in 30411 only.) Appellant Laverne M. Henry. (Mailed on: 4/14/00) Nos. 30411, 30451, & 31463.
04/17/2000AppendixFiled Joint Appendix. Vols. 1 through 5. Nos. 30411, 30451, & 31463. (Lodged in 30411 only) Appellant Laverne M. Henry.
04/18/2000BriefFiled Brief. Appellant's (Las Vegas Jaycees Senior Citizens) Opening Brief. (Lodged in 30451 & 31463 only.) (Mailed on: LV Drop Box 4/14/00) Nos. 30411, 30451, & 31463.
05/18/2000MotionFiled Motion to Extend Time. For Respondent Edward Henry. (Lodged in Nos. 30451 and 31463 only). Nos. 30411, 30451, & 31463.
05/19/2000BriefFiled Brief. Respondent's Answering Brief (Las Vegas Jaycees Senior Citizens). (Mailed on: Las Vegas Drop Box 5/17/00. Nos. 30411, 30451, & 31463.
05/19/2000BriefFiled Brief. Respondent's Answering Brief (Laverne M. Henry). (Mailed on: 5/17/00) Nos. 30411, 30451, & 31463.
05/22/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Respondent Edward C. Henry shall have to and including June 19, 2000, to file an answering brief in Docket Nos. 30451 and 31463. Nos. 30411, 30451, 31463.
05/30/2000Other Other. Filed Non-opposition to Edward Henry's Motion to extend time to file Answering Brief. Nos. 30411, 30451, & 31463.
05/30/2000Letter/IncomingFiled Letter. from Attorney Whitney C. Wilcher of Eglet Prince law firm. Their law firm and William McGaha of Delanoy Schuetze & McGaha will be filing a joint answering brief on behalf of Edward Henry. Nos. 30411, 30451, & 31463.
06/19/2000BriefFiled Brief. Appellant's Reply Brief (Laverne M. Henry). Mailed on: 6/16/00. (Lodged in 30411 only.) Nos. 30411, 30451, & 31463.
06/19/2000BriefFiled Brief. Respondent Edward Henry's Answering Brief. Mailed on: Fed Ex 6/16/00. (Lodged in 30451 & 31463 only.) Nos. 30411, 30451, and 31463.
06/21/2000BriefFiled Brief. Appellant's Reply Brief. (LV Jaycees) Mailed on: LV Drop Box. (Lodged in 30451 and 31464 only.) (Nos. 30411, 30451 and 31463.)
07/21/2000BriefFiled Reply Brief. Reply Brief to Respondent Edward Henry's Answering Brief. (LV Jaycees) Mailed on: Las Vegas Drop Box 7/19/00. Lodged in 30451 & 31463 only. (Nos. 30411, 30451 & 31463.) 00-12690
03/16/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 30411/30451/31463. (01-04783)
03/16/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-CY/ML/NB. Nos. 30411/30451/31463.
05/16/2001Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. These are consolidated appeals from a final judgment and rulings on several post-trial motions. fn1[The record reflects that the Henrys established a duty and breach thereof on behalf of the Jaycees and a prima facie case of negligence. We conclude that the district court did not err in denying the Jaycees' motion for a directed verdict based upon a reasonable inference of negligence.] fn2[The Jaycees argue that LaVerne failed to object to the testimony during trial. The record reflects that the district court denied LaVerne's motion in limine to exclude evidence of the Jaycees' charitable function. The motion was renewed and denied at trial. Because the district court erred in admitting evidence regarding the Jaycees' financial status and civic good deeds, ' . . . we ORDER the final judgment of the district court REVERSED AND REMAND this matter to the district court for a new trial.' fn5[In light of our disposition, we do not reach the remaining issues.] SNP01A-CY/ML/NB. Nos. 30411/30451/31463. 01-08139
06/12/2001RemittiturIssued Remittitur. 01-08185
06/12/2001Case Status Update Remittitur Issued/Case Closed.
07/05/2001RemittiturFiled Remittitur. Received by County Clerk on June 19, 2001. 01-08185