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Nevada Supreme/Appellate Court Record


Case Information: 55377
Short Caption:FINKEL VS. CASHMAN PROF., INC. C/W 54520Court:Supreme Court
Consolidated: 54520 *, 55377Related Case(s): 54520
Lower Court Case(s):Clark Co. - Eighth Judicial District - A582611 Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/04/2010 / Shirinian, AraSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/13/2011How Submitted:After Oral Argument

+ Party Information

Docket Entries
02/04/2010Notice 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).) 10-03178
02/04/2010Filing Fee Filing Fee due. Filing fee will be fowarded by the District Court.
02/04/2010Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Ara H. Shirinian 10-03206
02/08/2010Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Daniel Marks. Check No. 14092.
02/08/2010MotionFiled Motion. Motion for Expedited Briefing Schedule. 10-03498
02/09/2010Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. Motion for Expedited Briefing Schedule. 10-03646
02/16/2010Notice/IncomingFiled Proof of Service. -Motion for an Expedited Briefing Schedule Served on Settlement Judge. 10-04065
02/18/2010Docketing StatementFiled Docketing Statement. 10-04365
02/19/2010MotionFiled Motion to Consolidate. Motion to Consolidate Appeals. Nos. 55377/54520. 10-04617
02/23/2010Docketing StatementFiled Response to Docketing Statement. 10-04830
03/01/2010MotionFiled Motion to Extend Time. Motion to Extend Time to File Opposition to Motion for an Expedited Briefing Schedule. 10-05270
03/01/2010MotionReceived Response to Motion. Received via E-flex. Opposition to Motion for an Expedited Briefing Schedule. FILED PER ORDER 4/13/10 - Document No. 10-09683
03/03/2010MotionFiled Motion. Non-Opposition to Motion to Consolidate and Opposition to Motion to Strike Minutes from Non-Appealable Decisions. 10-05564
03/23/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 3/24/10 10-07582
03/26/2010MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal as Moot and For Attorneys' Fees, Costs and Sanctions. 10-07972
04/05/2010Settlement NoticeIssued Notice: Final Settlement Report. 54520 and 55377 (separate notices) 10-08724
04/09/2010MotionFiled Response to Motion. Appellant's Opposition to Motion to Dismiss Appeal as Moot and Opposition to Attorney's Fees, Costs and Sanctions. 10-09290
04/13/2010Order/ProceduralFiled Order. 54520 and 55377. We deny appellants' motion for an expedited briefing schedule. Denial is without prejudice to appellants' right to refile the motion upon conclusion of settlement proceedings. Fn1[should the parties be unable to settle, we may reinstate expedited briefing]. We grant respondents' motion for extension of time to file a response to appellants' motion. The clerk shall file the response received 3/1/10. Respondents have filed a motion to dismiss the appeal in docket No. 55377. We decline to dismiss the appeal or to award attorney fees, costs or sanctions against appellants at this time. Fn2[We deny respondents' motion to consolidate these two appeals at this time]. 10-09682
04/13/2010MotionFiled Response to Motion. Opposition to Motion for an Expedited Briefing Schedule 10-09683
04/22/2010Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 10-10471
04/22/2010Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant: 7 days to request transcripts; 60 days to file and serve opening brief and appendix. Fn1[Upon completion of briefing this appeal may be consolidated with related appeal in docket No. 54520. If parties believe these matters should be consolidated they may file an appropriate motion.] 10-10495
06/18/2010Notice/OutgoingIssued Notice to Request Transcripts. 10-16050
06/22/2010MotionFiled Stipulation. To Consolidate Nos. 54520/55377. 10-16263
06/23/2010Letter/IncomingFiled Letter. -in response to notice issued 6/18/10. 10-16345
07/02/2010Order/ProceduralFiled Order. Approving Stipulation to Consolidate Appeals and Granting Motion for Extension of Time to File Opening Brief. Opening brief due August 11, 2010. Fn1 [Transcript request or certificate of no transcript request due five days.] Nos. 54520/55377 (10-17267).
08/09/2010MotionFiled Motion to Extend Time. (5) days. Nos. 54520/55377. (10-20463)
08/09/2010Notice/OutgoingIssued Notice to Provide Proof of Service. Motion for Extension of Time to File Opening Brief and Appendix. Due date: 10 days. Nos. 54520/55377.
08/13/2010Notice/IncomingFiled Proof of Service. -Motion for Extension of Time to File Opening Brief. Nos. 54520/55377.
08/17/2010MotionFiled Motion for Excess Pages. Motion for Permission to Exceed Page Limit Pursuant to NRAP 32(a)(7)(c). Nos. 54520/55377.
08/17/2010BriefReceived Opening Brief. Nos. 54520/55377.
08/17/2010AppendixReceived Appendix to Opening Brief. Joint Appendix Vols. 1 through 10. CD-ROM included. Nos. 54520/55377.
09/07/2010Order/ProceduralFiled for extension of time to file the opening brief and appendix and to file brief with excess pages. The clerk of this court is directed to file the opening brief and appendix received in this court on August 17, 2010. Nos. 54520/55377. 10-22801
09/07/2010BriefFiled Opening Brief 10-21166
09/07/2010AppendixFiled Appendix to Opening Brief 10-21167
10/05/2010MotionFiled Motion to Extend Time Motion for Leave to File an Enlarge Answering Brief (excess pages). Nos. 54520/55377. (DETACHED ANSWERING BRIEF AND FILED PER ORDER 10/25/10). 10-25873
10/25/2010Order/ProceduralFiled Order Granting Motion to File Answering Brief with Excess Pages. The clerk of this court is directed to detach from the motion and file respondents' answering brief received on October 5, 2010. Reply Brief due: 30 days. Nos. 54520/55377. 10-27830
10/25/2010BriefFiled Respondent's Answering Brief. (DETACHED FROM MOTION FILED ON 10/05/10). Nos. 54520/55377. 10-27831
11/12/2010MotionFiled Stipulation and Order. Reply brief due: December 24, 2010. Nos. 54520/55377. 10-29615
12/28/2010MotionFiled Motion for Excess Pages. Nos. 54520/55377. 10-33843
01/05/2011Order/ProceduralFiled Order Granting Motion. The clerk of this court is directed to file appellants' reply brief received on December 27, 2010. 11-00431
01/05/2011BriefFiled Reply Brief. 11-00452
07/13/2011Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the panel on the next available calendar. Nos. 54520/55377 11-21063
08/17/2011Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for October 13, 2011, at 10:00 a.m. at the Regional Justice Center in Las Vegas for 30 minutes before the Southern Nevada Panel. SNP11-MD/JH/RP. Nos. 54520/55377. 11-24990
08/17/2011Order/ProceduralFiled Order instructing counsel to prepare to address specific issues during oral argument. Nos. 54520/55377. 11-25013
09/28/2011Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 54520/55377. 11-29600
10/03/2011BriefFiled Notice of Supplemental Authorities Pursuant to NRAP 31(e). Nos. 54520/55377. 11-30053
10/12/2011BriefFiled Respondents' Supplemental Table of Authorities. Nos. 54520/55377. 11-31431
10/13/2011Case Status UpdateOral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. NS/JH/RP
03/01/2012Opinion/DispositionalFiled Authored Opinion. "Affirmed (Docket No. 54520); reversed and remanded (Docket No. 55377)." Before Saitta, C.J., Hardesty and Parraguirre, JJ. Author: Parraguirre, J. 128 Nev. Adv. Opn. No. 6. Nos. 54520/55377 12-06581
03/19/2012Filing FeeFiling fee due for Rehearing.
03/19/2012Post-Judgment PetitionFiled Appellant Marc Finkel's Petition for Rehearing. Nos. 54520/55377 12-08682
03/21/2012Filing FeeRehearing Filing Fee Paid. $150.00 from Daniel Marks, Attorney at Law. Check no. 15464. Nos. 54520/55377.
03/27/2012MotionFiled Motion for an Order to File Answer to Petition for Rehearing Pursuant to NRAP 40(d). (DETACHED ANSWER AND RETURNED UNFILED PER ORDER 3/28/12) 12-09588
03/28/2012Order/ProceduralFiled Order Denying Motion for Leave to File an Answer to Petition for Rehearing. The clerk of this court shall return, unfiled, respondents' proposed answer, which is attached to the March 27, 2012, motion. Nos. 54520/55377 12-09862
04/19/2012Post-Judgment PetitionFiled Appellant Marc Finkel Supplement to Petition for Rehearing. 12-12671
04/27/2012Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing is Denied." NRAP 40(c). Nos. 54520/55377 12-13441
05/22/2012RemittiturIssued Remittitur. 12-16082
05/22/2012Case Status UpdateRemittitur Issued/Case Closed
06/05/2012RemittiturFiled Remittitur. Received by District Court Clerk on May 22, 2012. 12-16082