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United States Court Cases

Nevada Supreme/Appellate Court Record

UPPER DECK CO. VS. MATT CONSTRUCTION, LLC C/W 55575

Case Information: 55246
Short Caption:UPPER DECK CO. VS. MATT CONSTRUCTION, LLC C/W 55575Court:Supreme Court
Consolidated:55246*, 55575 Related Case(s): 54432 , 55575
Lower Court Case(s):Clark Co. - Eighth Judicial District - A501046
Clark Co. - Eighth Judicial District - A508142		Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/13/2010 / Worrell, CarolynSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:11/08/2012How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/13/2010Notice of Appeal DocumentsFiled 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).) 10-01027
01/13/2010Filing Fee Filing Fee due. Filing fee will be fowarded by the District Court.
01/13/2010Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell 10-01062
01/15/2010Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Gibbs, Gidne, Locher, Turner & Senet. Check No. 4245.
02/12/2010Notice/OutgoingIssued Notice to File Docketing Statement. 10-03860
02/22/2010Docketing StatementFiled Docketing Statement. 10-04782
02/23/2010ExhibitFiled Exhibits (copies). Exhibits to the Docketing Statement. 10-04793
03/04/2010MotionFiled Motion. Motion to Withdraw as Attorney for Herbert Gordon Press Design Associates. 10-05769
03/04/2010Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. Motion to Withdraw as Attorney for Herbert Gordon Press Design Associates. 10-05770
03/08/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 4/1/10 10-06040
03/10/2010Notice/IncomingFiled Proof of Service. -Motion to Withdraw as Attorney for Herbert Gordon Press Design Associates Served on Settlement Judge. 10-06359
04/05/2010Settlement Program ReportFiled Final Report/No Settlement. 55246 & 55575. The parties were unable to agree to a settlement of this matter. 10-08769
06/15/2010Order/ProceduralFiled Order. Granting Motion, Consolidating Appeals and Reinstating Briefing. The clerk shall remove the law firm of Mortenson & Rafie, LLP, from the docket of these appeals. Transcript Request Form due: 15 days. Opening Brief and Appendix due: 90 days. Nos. 55246/55575. 10-15570
06/30/2010Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 8/10/09 - 8/28/10. To Court Reporter: Margaret Isom. Nos. 55246/55575. 10-17026
07/19/2010Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcripts. Transcripts requested: 08/13/09, 08/14/09, 08/17/09, 08/18/09, 08/19/09, 08/20/09, 08/21/09, 08/24/09, 08/25/09, 08/26/09, 08/27/09, 08/28/09, 10/21/09, 10/28/09, 12/02/09, 01/13/10, and 02/10/10. To Court Reporter: Margaret Isom. Nos. 55246/55575. 10-18501
07/19/2010Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcripts. Transcripts requested: 08/13/09, 08/14/09, 08/17/09, 08/18/09, 08/19/09, 08/20/09, 08/21/09, 08/24/09, 08/25/09, 08/26/09, 08/27/09, 08/28/09, 10/21/09, 10/28/09, 12/02/09, 01/13/10, and 02/10/10. To Court Reporter: Kevin Daniel. Nos. 55246/55575. 10-18502
07/26/2010Letter/IncomingFiled Letter. -addressed to Becky Pintar regarding the deposit for the amended transcript request. Nos. 55246/55575. 10-19239
08/03/2010MotionFiled Motion. Motion to Associate Counsel-Jeffrey David Montez, Esq. Nos. 55246/55575. 10-20048
08/03/2010MotionFiled Motion. Motion to Associate Counsel-Craig McKenzie Nicholas, Esq. Nos. 55246/55575. 10-20049
08/03/2010Order/ProceduralFiled Order/Show Cause. Counsel for appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within ten days from the date that appellant's response is served. Briefing is suspended. Nos. 55246/55575. 10-20063
08/20/2010Order/ProceduralFiled Order. Granting Motions to Associate Counsel. Nos. 55246/55575. 10-21396
08/27/2010Notice/IncomingFiled Notice of Non Payment of Appeal Deposit. Nos. 55246/55575. 10-22171
08/30/2010Notice/IncomingFiled Ameded Notice of Non Payment of Appeal Deposit. Nos. 55246/55575. 10-22241
09/07/2010MotionFiled Response to Order to Show Cause. Nos. 55246/55575. 10-22810
09/07/2010ExhibitFiled Exhibits A-H to Response to Order to Show Cause. Nos. 55246/55575. 10-22812
09/10/2010MotionFiled Request for Clarification. 10-23228
09/17/2010MotionFiled Herbert Gordon Press Design Associates' Reply to Upper Deck Company's Response to Order to Show Cause. 10-23973
09/21/2010MotionFiled Matt Construction's Reply to Upper Deck's Response to Order to Show Cause. Nos. 55246/55575. 10-24305
10/19/2010Notice/IncomingFiled Substitution of Attorneys. Representing respondent Matt Construction: Law firm Buckley King in place and stead of Howard & Howard. Nos. 55246/55575. 10-27249
11/29/2010Order/ProceduralFiled Order to Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within ten days from the date that appellants' response is served. Briefing remains suspended. 10-30785
12/27/2010MotionFiled Response to Order to Show Cause. Nos. 55246/55575. 10-33700
12/29/2010Notice/IncomingFiled Notice of Change of Firm Name. Lee, Hernandez, Brooks, Garofalo & Blake is now Lee, Hernandez, Landrum, Garofalo & Blake, APC. Nos. 55246/55575. 10-33948
01/11/2011MotionFiled Reply to Response to Order to Show Cause. Herbert Gordon Press Design Associates' Reply to Upper Deck Company's Response to Second Order to Show Cause. Nos. 55246/55575. 11-01105
03/03/2011Notice/IncomingFiled Substitution of Attorneys. Howard & Howard in the place and stead of Buckley King as counsel for Matt Construction. 11-06638
03/21/2011Order/ProceduralFiled Order Allowing Appeals to Proceed and Reinstating Briefing. Opening Brief and Appendix due: 90 days. 11-08536
05/03/2011MotionFiled Gibbs, Giden, Locher, Turner & Senet LLP's Motion to Withdraw as Counsel. Nos. 55246/55575. 11-13051
05/13/2011Notice/IncomingFiled Proof of Service - Certificate of Mailing - Motion to Withdraw as Counsel. Nos. 55246/55575 11-14220
05/18/2011Order/ProceduralFiled Order Regarding Motion to Withdraw. Attorney Becky Ann Pintar shall have ten days from the date of this order to file in this court proof of service on appellant. We defer ruling on the motion to withdraw pending receipt of proof of service. Nos. 55246/55575. 11-14707
05/19/2011Notice/IncomingFiled Proof of Service for Motion to Withdraw as Attorney. Nos. 55246/55575. (In response to Order 5/18/11). 11-14771
05/24/2011Notice/IncomingFiled Notice of Association of Counsel. Representing Respondent Matt Construction. Association with Ray Lego & Assoc., Lucian Greco and Peter C. Brown/Bremer Whyte Brown & O'Meara. (Law Firm name change Sherman & Assoc. to Ray Lego & Assoc). 11-15188
06/15/2011Notice/IncomingFiled Substitution of Counsel (Beau Sterling in Place of Becky Pintar for Appellant Upper Deck Co.). Nos. 55246/55575. 11-17792
06/15/2011MotionFiled Motion For Extension Of Time - Opening Brief (First). Nos. 55246/55575. 11-17850
06/24/2011MotionFiled Herbert Gordon Press Design Associates' Opposition to Upper Deck Company's Motion for Extension of Time. Nos. 55246/55575. 11-18959
07/01/2011Notice/IncomingFiled Substitution of Counsel-Bremer Whyte Brown & O'Meara, LLP representing respondent Matt Construction in place and stead of Ray Lego & Associates. 11-19594
07/13/2011Notice/IncomingFiled Arco Electric's Joinder to Herbert Gordon Press Design Associates' Opposition to Upper Deck's Motion for Extension of Time to File Opening Brief. 11-21078
07/22/2011Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant: Opening Brief and Appendix due: August 4, 2011. Fn1[Given appellant's June 15, 2011, substitution of counsel, counsel's May 3, 2011, motion to withdraw is denied as moot. The clerk of this court shall remove from this court's docket Gibbs, Giden, Locher, Turner & Senet LLP as counsel for appellant.] Nos. 55246/55575 11-22108
07/28/2011MotionFiled Motion to Reset Briefing Schedule or, in the Alternative, for Extension of Time - Opening Brief (Second). Nos. 55246/55575. 11-22763
08/08/2011MotionFiled Opposition to Appellant's Motion to Reset Briefing Schedule, or in the Alternative, for Extension of Time - Opening Brief (Second). Nos. 55246/55575. 11-23907
08/08/2011MotionFiled HGP's Opposition to Upper Deck Company's Motion to Reset Briefing Schedule. Nos. 55246/55575. 11-23911
08/10/2011Notice/IncomingFiled Joinder Arco Electric's Joinder to Herbert Gordon Press Design Associates' Opposition to Upper Deck's Motion to Reset Briefing Schedule or, in the Alternative, for Extension of Time to File Opening Brief. 11-24231
08/10/2011Notice/IncomingFiled Arco Electric's Joinder to Matt Construction's Opposition to Upper Deck's Motion to Reset Briefling Schedule, or in the Alternative, for Extension of Time to File Opening Brief (Second Request). 11-24240
08/12/2011Order/ProceduralFiled Order Reinstating Preparation of the Transcripts and Setting Revised Briefing Schedule. Court Reporters Margaret Isom and/or Kevin Daniel Certificate of Delivery due: 20 days. Opening Brief and Appendix due: 30 days. Nos. 55246/55575. 11-24578
08/29/2011TranscriptFiled Notice from Court Reporter. Peggy Isom stating that the requested transcripts were delivered. Dates of transcripts: 08/13/09, 08/14/09, 08/17/09, 08/18/09, 08/19/09, 08/20/09, 08/21/09, 08/24/09, 08/25/09, 08/26/09, 08/27/09, 08/28/09, 10/21/09, 10/28/09, 12/02/09, 01/13/10, and 02/10/10. Nos. 55246/55575. 11-26181
09/09/2011Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's opening brief and appendix due: September 19, 2011. Nos. 55246/55575. 11-27399
09/20/2011MotionFiled Motion for Extension of Time (Upper Deck). (Opening Brief and Appendix) Nos. 55246/55575 11-28619
09/28/2011Order/ProceduralFiled Order Granting Motion. Opening Brief and Appendix due: October 14, 2011. Nos. 55246/55575. 11-29538
09/29/2011MotionFiled Herbert Gordon Press Design Associates' Opposition to Upper Deck Company's Motion for Extension of Time - Opening Brief (Fourth Request Mislabelled as Second Request) and Motion for Dismissal of Appeal. Nos. 55246/55575. 11-29734
09/29/2011MotionFiled Opposition to HGP's Motion to Dismiss Appeal. Nos. 55246/55575. 11-29778
10/06/2011MotionFiled Herbert Gordon Press Design Associates' Reply to Upper Deck Company's Opposotion to Motion to Dismiss Appeal. Nos. 55246/55575. 11-30526
10/17/2011MotionFiled Matt Construction LLC's Motion to Dismiss. Nos. 55246/55575. 11-32036
10/18/2011MotionFiled Opposition To Motion To Dismiss Appeal, Counter-Motion To Suspend Briefing Temporarily, And Request For Leave To Use Uncertified Transcripts In Appellant's Appendix. Nos. 55246/55575. 11-32083
10/18/2011AppendixFiled Appendix to Opening Brief Vols 1 thru 18 (via FTP). Nos. 55246/55575. 11-32089
10/18/2011Notice/IncomingFiled Herbert Gordon Press Deisgn Associates' Joinder to Matt Construction, LLC's Motion to Dismiss. Nos. 55246/55575. 11-32127
10/18/2011MotionFiled Herbert Gordon Press Design Associates' Opposition to Upper Deck Company's Counter-Motion to Suspend Briefing and Request for Leave to Use Uncertified Transcripts in Appellant's Appendix and Motion to Dismiss. Nos. 55246/55575. 11-32214
10/20/2011MotionFiled Reply in Support of Upper Deck's Counter-Motion to Suspend Briefing Temporarily and Request for Leave to Use Uncertified Transcripts in Appellant's Appendix. Nos. 55246/55575. 11-32398
10/20/2011MotionFiled Matt Construction, LLC's Reply to Appellant's Opposition to Motion to Dismiss Appeal and Matt Construction's Opposition to Upper Deck's Counter-Motion to Suspend Briefing Temporarily and Request for Leave to Use Uncertified Transcripts in Appellant's Appendix. Nos. 55246/55575. 11-32455
10/20/2011Notice/IncomingFiled Herbert Gordon Press Design Associates' Joinder to Matt Construction, LLC's Reply to Upper Deck Company's Opposition to Motion to Dismiss. 11-32510
11/14/2011Order/ProceduralFiled Order Denying Motions to Dismiss and Granting Countermotion for an Extension of Time. We direct the clerk of this court to file appellant's proposed opening brief received on October 19, 2011. Answering Briefs due: 30 days. fn1[Since appellant acknowledges that the certified transcript was filed in the district court on October 18, 2011, we direct appellant to supplement its appendix with the certified transcript and to file and serve the supplemental appendix within seven days from the date of this order.] Nos. 55246/55575. 11-35023
11/14/2011BriefFiled Appellant's Opening Brief (Upper Deck). Nos. 55246/55575. 11-35025
11/23/2011AppendixFiled Appendix to Opening Brief Vol 19 (Supplemental). Nos. 55246/55575. 11-36286
12/13/2011Order/ProceduralFiled Order Granting Telephonic Extension. Respondent Herbert Gordon Press Design and Associates: Answering Brief due: December 21, 2011. Nos. 55246/55575 11-38232
12/14/2011Order/ProceduralFiled Order Granting Telephonic Extension. Respondents Arco Electric of Nevada and Matt Construction: Answering Brief due: December 21, 2011. Nos. 55246/55575 11-38465
12/21/2011BriefFiled Respondent Herbert Gordon Press Design and Associates Answering Brief. Nos. 55246/55575. 11-39287
12/21/2011AppendixFiled Appendix to Answering Brief. 11-39288
12/21/2011BriefFiled Matt Construction, LLC's Answering Brief. Nos. 55246/55575 11-39322
12/21/2011AppendixFiled Matt Construction, LLC's Respondent Appendix. Nos. 55246/55575 11-39323
12/21/2011BriefFiled Respondent Arco Electric's Answering Brief. Nos. 55246/55575. 11-39326
01/17/2012MotionFiled Motion for Extension of Time to File Reply Brief (First Request). Nos. 55246/55575. 12-01621
01/17/2012Notice/OutgoingIssued Notice Motion Approved. Reply due February 21, 2012. Nos. 55246/55575. 12-01625
02/22/2012BriefFiled Appellant's Combined Reply Brief. Nos. 55246/55575. 12-05649
02/22/2012Case Status UpdateBriefing Completed/To Screening.
02/28/2012MotionFiled Matt Construction, LLC's Motion to Strike Upper Deck Company's Reply Brief. Nos. 55246/55575. 12-06261
02/28/2012MotionFiled Upper Deck's Opposition to Motion to Strike Reply Brief. Nos. 55246/55575. 12-06395
03/09/2012MotionFiled Matt Construction, LLC's Reply in support of Its Motion to Strike upped Deck Company's Reply Brief. 12-07647
04/10/2012Order/ProceduralFiled Order Denying Motion to Strike Appellant's Reply Brief. We also deny respondent's further request that, in the event that oral argument is held in this appeal, appellant be denied the right to present a rebuttal argument. Nos. 55246/55575 12-11414
11/08/2012Order/ProceduralFiled Order Submitting Appeal for Decision Without Oral Argument. Oral argument will not be scheduled in these consolidated appeals, and they stand submitted on the record and the briefs filed herein, as of the date of this order. Nos. 55246/55575. 12-35370
11/08/2012Case Status UpdateSubmitted for Decision.
11/14/2012Notice/IncomingFiled Notice of Firm Name Change. (Cisneros Marias f/k/a Cisneros, Clayson & Marias). 12-35976
12/20/2012Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Nos. 55246/55575. SNP12-MD/MG/RP. 12-40333
01/03/2013Notice/IncomingFiled Herbert Gordon Press Design Associates' Bill of Costs. Nos. 55246/55575. 13-00240
01/04/2013Notice/IncomingFiled Respondent Arco Electric's Bill of Costs Incurred on Appeal. Nos. 55246/55575 13-00381
01/04/2013Notice/IncomingFiled Respondent Matt Construction, LLC's Bill of Costs Incurred on Appeal Through Cooksey, Toolen, Gage, Duffy & Woog, APC. Nos. 55246/55575 13-00382
01/04/2013Notice/IncomingFiled Herbert Gordon Press Design Associates' Amended Bill of Costs. Nos. 55246/55575 13-00383
01/11/2013MotionFiled Motion for Extension of Time to File and Serve Petition for Rehearing and to Stay Issuance of Remittitur. 13-01268
01/29/2013Order/ProceduralFiled Order Denying Motion for Extension of Time. Appellant filed a motion seeking a 21-day extension of time to file a petition for rehearing and requesting that issuance of the remittitur be stayed. We deny appellant's motion. The remittitur shall issue in the normal course. Nos. 55246/55575 13-02967
01/29/2013MotionFiled Notice of Withdrawal of Motion for Extension of Time to File and Serve Petition for Rehearing 13-03051
02/04/2013Order/ProceduralFiled Order Regarding Motion. Appellant has filed a notice, indicating that it wishes to withdraw its January 11, 2013, motion for an extension of time to file a petition for rehearing. We take no action on the notice of withdrawal and no further action on the already denied motion for an extension of time. Nos. 55246/55575 13-03531
02/04/2013RemittiturIssued Memorandum of Costs. Costs allowed and taxed: $477.00. Nos. 55246/55575 13-03533
02/04/2013RemittiturIssued Memorandum of Costs. Costs allowed and taxed: $500.00. Nos. 55246/55575. 13-03534
02/04/2013RemittiturIssued Memorandum of Costs. Costs allowed and taxed: $36.62. Nos. 55246/55575. 13-03535
02/04/2013RemittiturIssued Remittitur. Memorandum of costs and disburements allowed and taxed in the amount of $477.00; $500.00; and $36.62. Nos. 55246/55575. 13-03537
02/14/2013RemittiturFiled Remittitur. Received by District Court Clerk on February 11, 2013. 13-03537