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United States Court Cases

Nevada Supreme/Appellate Court Record

GENTILE VS. MADAN C/W 49747/49749/49753

Case Information: 49720
Short Caption:GENTILE VS. MADAN C/W 49747/49749/49753Court:Supreme Court
Consolidated:49720*, 49747 , 49749 , 49753
Lower Court Case(s):Carson City - First Judicial District - 8501166AClassification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:07/20/2007 / King, PatrickSP Status:Completed
Oral Argument:08/31/2009 at 10:00 AMOral Argument Location:Carson City
Submission Date:08/31/2009How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/28/2007Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Patrick James Martin--check no. 09952.
06/28/2007Notice 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).) 07-14184
07/05/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 07-14610
07/06/2007Letter/IncomingFiled Letter. from attorney Patrick James Martin who requests that appeal nos. 49720 and 49747 be related. Nos. 49720/49747-cases are not consolidated. 07-14738
07/11/2007Docketing StatementFiled Docketing Statement. 07-15095
07/20/2007Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Patrick O. King. 07-15842
08/09/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 07-17543
08/14/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Second Amended Notice of Appeal. 07-17964
08/21/2007Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference will be scheduled. Nos. 49720/49733/49747/49749/49751/49753-cases are not consolidated. 07-18453
10/29/2007Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 07-23664
11/20/2007Order/ProceduralFiled Order. Regarding Conclusion of Settlement Proceedings and to Show Cause. Briefing remains suspended. Appellant: 15 days to show cause. 07-25280
12/03/2007MotionFiled Response to Order to Show Cause. Appellant's Response to Supreme Court Order Dated November 20, 2007. 07-26045
12/10/2007MotionFiled Reply to Response. Reply to Response to Order to Show Cause. 07-26800
02/29/2008MotionFiled Motion to Consolidate. Nos. 49720/49747/49749/49753. 08-05175
05/12/2008Order/ProceduralFiled Order. we dismiss the appeals in Docket Nos. 47920 and 49747 as to the July 10, 2007, order striking documents from the record. The appeals may proceed as to the final judgments entered on May 24, 2007, and May 29, 2007. We conclude that judicial economy will be served by consolidating these appeals for all purposes, and we grant Parker's motion. The clerk shall amend the caption to reflect this consolidation. fn6-[Appellant Michael Phillip Gentile's motion to consolidate Docket Nos. 49747 and 49749 is denied as moot.] fn7-[No action will be taken on the letter submitted by attorney Patrick James Martin, filed on July 6, 2007] the settlement judge in Docket No. 49753 has filed a report with this court indicating that the parties were unable to agree to a settlement. Accordingly, the settlement proceedings are concluded and the appeal in Docket No. 49753 may proceed. Appellants in Docket Nos. 49720, 49747 and 49753 shall have 15 days from the date of this order to file and serve a transcript request form. See NRAP 9(a). We reinstate briefing with respect to these consolidated appeals. Appellants shall each have 90 days from the date of this order to file and serve their opening briefs and appendices. Appellant Gentile shall file and serve a single opening brief in Docket Nos. 49720, 49747 and 49749. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In preparing and assembling the appendices, counsel shall strictly comply with the provisions of NRAP 30. Nos. 49720/49747/49749/49753 08-11739
05/15/2008Transcript RequestFiled Certificate of No Transcript Request. Appellant's Waiver of Request for Transcript of Proceedings. (Appellant in 49720). Nos. 49720/49747/49749/49753 [08-12249]. 08-12249
05/15/2008Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/21/06. To Court Reporter: Sunshine Reporting Services. (Appellant in 49747). Nos. 49720/49747/49749/49753 [08-12252]. 08-12252
05/22/2008Transcript RequestFiled Certificate of No Transcript Request. From Appellant in 49753. Nos. 49720/49747/49749/49753. 08-12975
05/23/2008Transcript RequestFiled Certificate of No Transcript Request. Appellant Gentile. Nos. 49720/49747/49749/49753 [08-13112]. 08-13112
06/03/2008TranscriptFiled Notice from Court Reporter. Sunshine Court Reporters stating that the requested transcripts were delivered. Dates of transcripts: 07/21/06. Nos. 49720/49747/49749/49753. 08-14018
06/19/2008Notice/IncomingFiled Proof of Service. Certificate of Delivery of Certified Exhibit 1 to Transcript. (Appellant). Nos. 49720/49747/49749/49753 (08-15663). 08-15663
07/24/2008MotionFiled Motion and Order/Excess Pages. Granted: 40 pages. Appellant in 49720. Nos. 49720/49747/49749/49753. 08-19201
07/31/2008OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger represents a party in a consolidated case. Nos. 49720/49747/49749/49753
07/31/2008Notice/OutgoingIssued Notice of Justice Disqualification. Justice Maupin disqualified. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger represents a party in a consolidated case. Nos. 49720/49747/49749/49753 08-19814
08/07/2008BriefFiled Opening Brief. Appellant in 49720/49747/49749. Nos. 49720/49747/49749/49753 (08-20439). 08-20439
08/07/2008AppendixFiled Appendix to Opening Brief. Vols. 1 through 6. Appellant in 49720/49747/49749. Nos. 49720/49747/49749/49753 (08-20440). 08-20440
08/11/2008BriefFiled Opening Brief. Appellant, Stewart H. Parker (49753). Nos. 49720/49747/49749/49753. 08-20712
08/11/2008AppendixFiled Joint Appendix. Appellant, Stewart H. Parker (49753). Nos. 49720/49747/49749/49753. 08-20714
08/11/2008Notice/IncomingFiled Proof of Service. - Amended Certificate of Service of: Appellant's Opening Brief and Appellant's Opening Appendix Volumes 1-6. Nos. 49720/49747/49749/49753. 08-20726
08/11/2008Notice/IncomingFiled Affidavit. Affidavit of James Patrick Martin Regarding Joint Appendix. Nos. 49720/49747/49749/49753. 08-20730
09/03/2008MotionFiled Stipulation. Stipulation to Extend Time for Filing Answering and Reply Briefs. Nos. 49720/49747/49749/49753. 08-22651
09/04/2008Order/Clerk'sFiled Clerk's Order Approving Stipulation. The stipulation of the parties extending the time for filing the answering brief and reply brief is approved. Respondents S.K. Madan and Shobana Madan: October 8, 2008, to file their answering brief, and appellants shall have until December 8, 2008, to file and serve their reply briefs. Fn1 [This order does not alter the due date for the answering brief of respondent Storey County, currently due on September 10, 2008. Nos. 49720/49747/49749/49753. 08-22802
10/08/2008BriefFiled Answering Brief. Respondents S.K. Madan and Shobhana Madan. Nos. 49720/49747/49749/49753 (08-25990). 08-25990
10/08/2008AppendixFiled Appendix to Answering Brief. Vols. 1 through 2. Nos. 49720/49747/49749/49753 (08-25993). 08-25993
10/08/2008MotionFiled Motion for Permission to File Document. Nevada Bankers Association's Motion for Leave to File Brief of Amicus Curiae in Support of District Court Order Declaring Lake Tahoe Recreational Land Company Deed of Trust Valid and Enforceable. Nos. 49720/49747/49749/49753 (08-26001). 08-26001
10/23/2008Order/ProceduralFiled Order Granting Motion. We grant NBA's motion to file an amicus brief. The clerk shall file NBA's brief of amicus curiae received on 10/8/08. Appellants shall each have until 12/8/08 to file and serve a single brief. Storey County shall have 10 days to file an answering brief or joinder in the answering brief of S.K. Madan and Shobhana madan. Storey County cautioned. Nos. 49720/4974/49749/49753 (08-27240). 08-27240
10/23/2008BriefFiled Amicus Brief. Brief of Amicus Curiae of Nevada Bankers Association in Support of District Court Order Declaring Lake Tahoe Recreational Land Company Deed of Trust Valid and Enorceable. Nos. 49720/49747/49749/49753. 08-26004
11/06/2008MotionFiled Response to Order to Show Cause. Response to Supreme Court Order of October 23, 2008. Submitted by attorney Brent Kolvet (counsel for respondent Storey County in 49747). Nos. 49720/49747/49749/49753. 08-28455
11/10/2008MotionFiled Response to Order to Show Cause. The Class Observations with Respect to Storey County's Response to Supreme Court Order of October 23, 2008. Nos. 49720/49747/49749/49753. 08-28721
12/01/2008MotionFiled Motion. Appellants' Motion for Leave to File Combine Reply - Answering Brief in Excess of 30 Pages Expedited Relief Respectfully Requested. Nos. 49720/49747/49749/49753. 08-30463
12/05/2008Order/ProceduralFiled Order. Regarding Briefing Schedule and Granting Motion. We elect to treat Storey County's response as a waiver of Storey County's right to file an answering brief. Pursuant to the briefing schedule set forth in our order of October 23, 2008, appellants shall have until December 8, 2008, to file and serve a single brief of not more than 50 pages containing (1) the reply brief to the Madan respondents' answering brief and (2) the answering brief to the Nevada Banker's Association's brief of amicus curiae. Nos. 49720/49747/49749/49753. 08-31089
12/05/2008BriefFiled Joinder to Brief. Appellant, Stewart H. Parker's, Joinder in Appellant's Reply-Answering Brief. (49753). Nos. 49720/49747/49749/49753. 08-31105
12/05/2008BriefFiled Reply Brief. Appellants' Reply - Answering Brief. Nos. 49720/49747/49749/49753 (08-31106). 08-31106
12/05/2008AppendixFiled Appendix to Reply Brief. Appellants' Reply - Answering Brief Appendix. Nos. 49720/49747/49749/49753 (08-31108). 08-31108
06/17/2009Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is hereby scheduled before the en banc court on Monday, August 31, 2009, at the hour of 10:00 a.m., in Carson City. The argument shall be limited to 30 minutes. Nos. 49720/49747/49749/49753. 09-14955
07/16/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on August 31, 2009 at 10:00 a.m. (En Banc) Nos. 49720/49747/49749/49753. 09-17456
08/18/2009MotionFiled Motion for Permission to File Document. Motion For Leave to File Errata to Appellants' Reply-Answering Brief filed December 5, 2008. Nos. 49720/49747/49749/49753. (DETACHED AND FILED EXHIBITS 1 AND 2 PER ORDER 09/08/09). 09-20008
08/18/2009Notice/IncomingFiled Proof of Service. -Affidavit of Mailing- Appellant's Motion for Leave to File Errata to: Appellants' Reply - Answering Brief Filed December 5, 2008. Nos. 49720/49747/49749/49753 (09-20034). 09-20034
08/18/2009Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 49720/49747/49749/49753. 09-20060
08/31/2009Case Status Update Submitted for Decision. Before the En Banc Court.
09/08/2009Order/ProceduralFiled Order. Granting Motion for Leave to File Errata. The clerk of this court shall detach from Gentile's motion and file Exhibits 1 and 2. Nos. 49720/49747/49749/49753. 09-21708
09/08/2009Notice/IncomingFiled Errata. Appellant's Errata to Appellants' Reply - Answering Brief. Nos. 49720/49747/49749/49753. 09-21713
09/08/2009Notice/IncomingFiled Errata. Appellant's Errata to Appellants' Reply - Answering Brief Appendix. Nos. 49720/49747/49749/49753. 09-21716
12/16/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." EN BANC-JH/RP/MD/MC/NS/MG/KP Nos. 49720/49747/79749/49753. 09-30548
12/31/2009Post-Judgment PetitionFiled Petition for Rehearing. Appellants' Petition for Rehearing. Nos. 49720/49747/49749/49753 (09-31649). 09-31649
12/31/2009Filing FeeReceived Filing Fee Paid on Filing. E-Payment $150 from Patrick James Martin
02/16/2010Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 49720/49747/49749/49753. 10-04048
03/16/2010RemittiturIssued Remittitur. 10-04903
03/16/2010Case Status Update Remittitur Issued/Case Closed.
03/24/2010RemittiturFiled Remittitur. Received by County Clerk on March 17, 2010. 10-04903
05/10/2010Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari filed. An application for extension of time to file a petition for writ of certiorari has been granted until July 16, 2010. Nos. 49720/49747/79749/49753. [10-12102] 10-12102
07/26/2010Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Filed. A petition for a writ of certiorari was filed on July 15, 2010 and placed on the docket as Case No. 10-117. Nos. 49720/49747/49749/49753. 10-19160
10/13/2010Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. The petition for a writ of ceritorari is denied. Nos. 49720/49747/49749/49753. 10-26825