| Case Information: 51508 | |||
| Short Caption: | MARRCSHARE LEASING VS. VICTORY VILLAGE | Court: | Supreme Court |
| Related Case(s): | 44578 , 53155 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A387820 Clark Co. - Eighth Judicial District - A382272 Clark Co. - Eighth Judicial District - A387150 Clark Co. - Eighth Judicial District - A373771 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Disposition Filed/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 04/30/2008 / Paustian, Kathleen | SP Status: | Completed |
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 04/28/2008 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Law Offices of James J. Lee check no. 1011. | ||
| 04/28/2008 | 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).) | 08-10586 | |
| 04/30/2008 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Kathleen M. Paustian. | 08-10711 | |
| 05/23/2008 | Notice/Outgoing | Issued Notice to File Docketing Statement. | 08-12979 | |
| 06/02/2008 | Settlement Program Report | Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference will be scheduled. However, the settlement judge will wait to set the conference until a pending related case is filed in this court. | 08-13847 | |
| 07/11/2008 | Order/Procedural | Filed Order. appellants shall, within 15 days from the date of this order, pay the sum of $500.00 to the Supreme Court Law Library and provide this court with proof of such payment. However, this sanction shall be automatically vacated if appellants file and serve the docketing statement or, alternatively, a motion to extend time, within ten days from the date of this order | 08-17714 | |
| 08/19/2008 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Fennemore Craig check no. 1741. | ||
| 08/19/2008 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc. (Docketing statement mailed to counsel for appellant.) | 08-21405 | |
| 08/21/2008 | Notice/Outgoing | Issued Notice to Confirm as Counsel. Due Date: 10 days | 08-21514 | |
| 08/28/2008 | Notice/Incoming | Filed Notice. Christopher H. Byrd Esq. of Fennimore Craig, P.C. representing appellants Fort Worth Credit Partners and Step'N Investments, Inc. | 08-22160 | |
| 08/28/2008 | Notice/Incoming | Filed Notice. Patrick J. Reilly of Holland & Hart confirming as counsel for respondents Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak, and Paul Renno. | 08-22164 | |
| 09/02/2008 | Order/Procedural | Filed Order. Regarding Sanctions. The sanctions imposed in our July 11, 2008, order remain in effect. Marrcshare shall have ten days from the date of this order to provide this court with written proof of payment of the $500.00 sanction to the Supreme Court Law Library and file and serve their docketing statement. We caution counsel for Marrcshare that failure to comply with this order may result in the imposition of additional sanctions, including referral of counsel to the State Bar of Nevada for investigation. | 08-22450 | |
| 09/04/2008 | Docketing Statement | Filed Docketing Statement. Fort Worth Credit; Step'n Invest. | 08-22709 | |
| 09/04/2008 | Notice/Outgoing | Issued Notice to Provide Proof of Service on Settlement Judge. Fort Worth Credit; Step'n Invest.'s Docketing Statement. | 08-22710 | |
| 09/05/2008 | Notice/Incoming | Filed Notice. Marchese Leasing, Inc. and Macer Associates, Ltd., LP's Notice Confirming Counsel. | 08-22895 | |
| 09/08/2008 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Holland & Hart check no. 66001342. | ||
| 09/08/2008 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Victory Village Ltd. III; Tri Capital Corp.; and Tri Capital LLC (Docketing statement mailed to counsel for appellant.) | 08-23022 | |
| 09/08/2008 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days (Holland & Hart) | 08-23024 | |
| 09/10/2008 | Notice/Incoming | Filed Proof of Service. Docketing Statement on Settlement Judge (Appellants-Fort Worth Credit; Step'n Invest.) | 08-23409 | |
| 09/15/2008 | Notice/Incoming | Filed Proof of Payment of Sanction. Copy of check no. 1071 in the amount of $500 payable to the Supreme Court Law Library. | 08-23718 | |
| 09/15/2008 | Docketing Statement | Filed Docketing Statement. Appellants / Respondents Marrcshare Leasing; Macer Assoc. | 08-23720 | |
| 09/18/2008 | Notice of Appeal Documents | Filed Case Appeal Statement. Holland & Hart (Respondents Victory Village, Tri Capital) | 08-24187 | |
| 09/24/2008 | Docketing Statement | Filed Docketing Statement. Respondents Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak, and Paul Renno | 08-24647 | |
| 09/24/2008 | Notice/Outgoing | Issued Notice to Provide Proof of Service on Settlement Judge. Respondents/Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak, and Paul Renno Docketing Statement. | 08-24648 | |
| 10/01/2008 | Notice/Incoming | Filed Proof of Service. Responses to Marrchshare's/Macer' and Ft. Worth's/Step'n's Docketing Statements on Settlement Judge. | 08-25358 | |
| 10/03/2008 | Motion | Filed Motion. Motion for Leave to File a Response to Appellant Fort Worth Credit Partners, Ltd.'s Docketing Statement Exceeding One Page in Length. | 08-25611 | |
| 10/03/2008 | Motion | Filed Motion. Motion for Leave to File a Response to Appellant Marrcshare's/Macer's Docketing Statement Exceeding One Page in Length. | 08-25613 | |
| 11/05/2008 | Settlement Notice | Issued Notice: Final Settlement Report. | 08-28327 | |
| 11/13/2008 | Settlement Program Report | Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. | 08-28890 | |
| 12/05/2008 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. And Granting Motions. The parties were unable to agree to a settlement. Each Appellant: 15 days to request transcripts; This matter will follow a parallel briefing schedule. Each Appellant: 90 days to file and serve opening brief and appendix. Each Respondent: 30 days from filing and serving of applicable opening brief to file and serve answering brief. Each Appellant: 30 days from service of applicable answering brief to file a reply brief. We grant the motions of Victory Village, Tri Capital Corp. and Tri Capital LLC to file responses to docketing statements that exceed one page. The clerk shall file the responses received on 9/25/08. | 08-31016 | |
| 12/05/2008 | Docketing Statement | Filed Response to Docketing Statement. | 08-24804 | |
| 12/05/2008 | Docketing Statement | Filed Response to Docketing Statement. | 08-24805 | |
| 12/08/2008 | Notice/Incoming | Filed Notice of Change of Address. Holland & Hart (counsel for Respondents/Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak, and Paul Renno) | 08-31320 | |
| 12/15/2008 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 09/11/07, 09/12/07. 02/12/08, and 05/19/08. To Court Reporter: Kim Tuchman and Cynthia Georgilas. | 08-31779 | |
| 12/19/2008 | Letter/Incoming | Filed Letter. from Fennemore Craig regarding transcripts. (Certificate of no transcript request) | 08-32273 | |
| 12/19/2008 | Transcript | Filed Notice from Court Reporter. Cynthia Georgilas stating that transcripts were delivered for 5/19/08. | 08-32294 | |
| 12/24/2008 | Motion | Filed Motion to Extend Time. Appellants Marrcshare Leasing and Macer Associates' Motion to Enlarge Time to File Request for Transcript of Proceedings. | 08-32721 | |
| 12/26/2008 | Letter/Incoming | Filed Letter. From Fennemore Craig regarding Appellant, Fort Worth Credit; Step'n Investments, Request for Transcript of Proceedings 12/15/08. | 08-32740 | |
| 12/26/2008 | Motion | Filed Motion. to Motion to Enlarge Time to File Request for Transcript of Proceedings. | 08-32761 | |
| 01/02/2009 | Order/Procedural | Filed Order. Regarding Transcripts and Granting Motion. No court reporter/recorder is required to file a certificate of delivery for the September 11 and 12, 2007, and February 12, 2008, transcripts. Marrcshare and Victory Village shall have until January 20, 2009, to file and serve their transcript request forms. | 09-00027 | |
| 01/21/2009 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 10/24/05; 8/13/07 (Tuchman); 5/5/08 and 5/19/08. (Georgilas).To Court Reporters: Kim Tuchman and Cynthia Georgilas. | 09-01620 | |
| 01/22/2009 | Motion | Filed Motion to Extend Time. Appellants' (Marrcshare Leasing; Macer Assoc.) Second Motion to Enlarge Time to File Request for Transcript of Proceedings. | 09-01784 | |
| 01/29/2009 | Transcript | Filed Notice from Court Reporter. Cynthia Georgilas stating that the requested transcripts were delivered. Dates of transcripts: 5/05/08 and 5/19/08. | 09-02606 | |
| 01/30/2009 | Motion | Filed Response to Motion. Opposition to Appellant's Second Motion to Enlarge Time to File Request for Transcript of Proceedings and CounterMotion for Order to Show Cause Regarding Dismissal of Marrcshare/Macer Appeal. | 09-02669 | |
| 01/30/2009 | Notice/Incoming | Filed Notice. Respondents/Cross-Appellants Victory Village, Ltd., III Partnership, Tri Capital Corporation; and Tri Capital, LLC's Notice of Filing Transcripts. | 09-02672 | |
| 01/30/2009 | Transcript | Filed Transcript. Proceedings: 4/25/05 and 7/25/05. Court Reporter: Free Lance Court Reporters. (Submitted by Atty. Patick Reilly). | 09-02680 | |
| 03/04/2009 | Motion | Filed Stipulation and Order. Brief due: March 19, 2009. (Appellants Forth Worth & Steph'n Investments, Inc.) | 09-05471 | |
| 03/06/2009 | Motion | Filed Motion and Order Extending Time. Brief due: April 6, 2009. (Appellants Marrcshare Leasing; Macer Assoc.) | 09-05835 | |
| 03/10/2009 | Order/Procedural | Filed Order. To Show Cause and Resolving Motions. Appellants: 15 days to show cause. The requesting and preparation of transcripts and the briefing schedule in these appeals shall be suspended pending further order of this court. Respondents may file any reply within ten days from the date that appellants' responses are served. We grant the motion for an extension of time; no transcript request is due, however, pending further order of this court. We deny the countermotion for relief, as at this point, any request for relief related to the cited conduct is more appropriately addressed to the district court. Fn4[ . . . The clerk of this court shall remove Tru Commercial Real Estate, Renno, and Bram as respondents to both of these appeals, Docket Nos. 51508/53155.] Nos. 51508/53155 - not consolidated. | 09-06108 | |
| 03/24/2009 | Motion | Filed Response to Order to Show Cause. Submitted by Respondents/Appellants-Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak. | 09-07383 | |
| 03/26/2009 | Notice/Incoming | Filed Joinder. (Appellants - Fort Worth Credit; Step'n Invest.'s) Joinder in Victory Village, Ltd., III, Tri Capital Corporation, and Tri Capital, LLC's Response to Order to Show Cause. | 09-07595 | |
| 05/06/2009 | Order/Procedural | Filed Order/Show Cause. Appellants shall have 15 days from the date of this order within which to show cause why these appeals should not be dismissed for lack of jurisdiction. Respondents may file any reply within ten days from the date that appellants' responses are served. fn1[The response and joinder thereto that were filed in Docket No. 51508 on March 24 and 26, 2009, respectively, apply likewise to Docket No. 53155. Thus, the clerk of this court shall file those documents in Docket No. 53155, as well.] Nos. 51508/53155. | 09-11243 | |
| 05/22/2009 | Motion | Filed Response to Order to Show Cause. Respondents/Appellants Victory Village, Ltd., III, Tri Capital Corporation, and TRI Capital, LLC. Nos. 51508/53155. | 09-12832 | |
| 05/26/2009 | Notice/Incoming | Filed Joinder. Fort Worth Credit Partners, Ltd. And Step'n Investments, Inc.'s Joinder in Response to Order to Show Cause. | 09-13004 | |
| 05/29/2009 | Notice/Incoming | Filed Joinder. Marrcshare Leasing, Inc. and Macer Associates, Ltd. LP's Joinder in Response to Order to Show Cause. Nos. 51508/53155. | 09-13430 | |
| 06/16/2009 | Order/Procedural | Filed Order. Granting Extension of Time. Appellants shall have 30 days from the date of this order within which to supplement their response to the order to show cause. Nos. 51508/53155. | 09-14909 | |
| 07/16/2009 | Motion | Filed Response to Order to Show Cause. Supplemental Response to Order to Show Cause. (Respondents/Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak). Nos. 51508/53155. | 09-17436 | |
| 07/23/2009 | Notice/Incoming | Filed Joinder. Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc.'s Joinder in Supplemental Response to Order to Show Cause. | 09-18030 | |
| 08/05/2009 | Motion | Filed Motion to Consolidate. Nos. 51508/53155. | 09-19072 | |
| 08/25/2009 | Order/Procedural | Filed Order. Dismissing Appeal (Docket No. 53155) and Reinstating Briefing (Docket No. 51508). 'We hereby dismiss the appeal in Docket No. 53155.' Appellants Marrcshare Leasing, Inc., and Macer Associates, Ltd., LP, 15 days to file and serve a completed transcript request form for Docket No. 51508. This matter will follow a parallel briefing schedule. The three appellant groups: 60 days to file and serve their opening briefs and appendices. Fn1 [In light of this order, we deny as moot the August 5, 2009, motion to consolidate these appeals.] | 09-21129 | |
| 10/26/2009 | Brief | Filed Opening Brief. Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak | 09-26091 | |
| 10/26/2009 | Appendix | Filed Joint Appendix. Vols. 1 thru 52. Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak. | 09-26092 | |
| 10/26/2009 | Notice/Incoming | Filed Notice. Receipt of copy Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak Joint Appendix served on Fennemore Craig, PC. | 09-26145 | |
| 10/26/2009 | Notice/Incoming | Filed Notice. Receipt of Copy Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak Joint Appendix served on James J. Lee, Esq. | 09-26146 | |
| 10/26/2009 | Brief | Filed Opening Brief. Appellants and Respondents Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc.'s Opening Brief | 09-26185 | |
| 11/25/2009 | Brief | Filed Answering Brief. Respondents Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc.'s Answering Brief | 09-28826 | |
| 11/25/2009 | Motion | Filed Motion. Respondents' Motion For Permission To Exceed Page Length Limitation | 09-28859 | |
| 11/25/2009 | Notice/Outgoing | Filed Notice Motion/Stipulation Approved. The motion for excess pages is approved. 43 pages granted. | 09-28860 | |
| 11/25/2009 | Brief | Filed Answering Brief. Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak. | 09-28862 | |
| 12/11/2009 | Motion | Filed Motion to Extend Time. Appellants / Respondents Fort Worth Credit Partners, Ltd. and Step'N Investments, inc.'s Motion for Extension of Time to File Reply Brief. | 09-30153 | |
| 12/14/2009 | Notice/Outgoing | Filed Notice Motion/Stipulation Approved. Reply Brief (Appellants/Respondents Fort Worth Credit; Step'n Invest.) due date: January 14, 2010. | 09-30164 | |
| 12/14/2009 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | 09-30235 | |
| 12/15/2009 | Motion | Filed Motion to Extend Time. Respondents/Cross Appellants Motion For Extension of Time to File Reply Brief (Victory Village III, Ltd., TRI Capital Corp., TRI, LLC). | 09-30416 | |
| 12/15/2009 | Notice/Outgoing | Filed Notice Motion/Stipulation Approved. Respondents/Cross-Appellants' Victory Village III, Ltd., TRI Capital Corp., TRI, LLC Reply Brief due: January 14, 2010. | 09-30417 | |
| 01/04/2010 | Motion | Filed Motion. James J. Lee, Esq. representing Appellants /Cross-Respondents Marrcshare Leasing; Macer Assoc. | 10-00136 | |
| 01/08/2010 | Order/Procedural | Filed Order. Regarding Motion to Withdraw. Counsel James J. Lee shall have ten days from the date of this order to file in this court proof of service on Marrcshare Leasing and Macer Associates. | 10-00666 | |
| 01/11/2010 | Brief | Filed Amended Brief. Cross-Appellants' Amended Opening Brief. Respondents/Cross-Appelalnts Victory Village, TRI Capital Corporation, and TRI Capital, LLC. | 10-00737 | |
| 01/11/2010 | Motion | Filed Motion. Response to Motion To Withdraw and Countermotion to Dismiss Marrcshare/Macer Appeal. (Respondents /Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC) | 10-00783 | |
| 01/14/2010 | Motion | Filed Motion for Excess Pages. Appellants/Cross-Respondents Fort Worth Credit Partners, Ltd. and Step'N Investments, Inc.'s Motion for Permission to Exceed Page Length Limitation for Reply Brief. | 10-01257 | |
| 01/14/2010 | Notice/Outgoing | Filed Notice Motion/Stipulation Approved. Reply Brief. Granted: 20 Pages. (Appellants/Cross-Respondents Fort Worth Credit Partners, Ltd. and Step'N Investments) | 10-01260 | |
| 01/14/2010 | Brief | Filed Reply Brief on Cross-Appeal. Appellants/Cross-Respondents Fort Worth Credit Partners, Ltd. and Step'N Investments. | 10-01262 | |
| 01/14/2010 | Brief | Filed Reply Brief on Cross-Appeal. Respondents/Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC. | 10-01263 | |
| 01/14/2010 | Appendix | Filed Appendix to Reply Brief. Respondents/Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC. | 10-01265 | |
| 01/28/2010 | Notice/Incoming | Filed Proof of Service. Amended Certificate of Service for Response to Motion To Withdraw and Countermotion to Dismiss Marrcshare/Macer Appeal. (Respondents /Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC) | 10-02397 | |
| 01/28/2010 | Notice/Incoming | Filed Proof of Service. Amended Certificate of Service for Amended Cross-Appellants' Opening Brief. (Respondents /Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC) | 10-02398 | |
| 01/28/2010 | Notice/Incoming | Filed Proof of Service. Amended Certificate of Service For Cross-Appellants' Reply Brief. (Respondents /Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC) | 10-02399 | |
| 02/02/2010 | Notice/Incoming | Filed Proof of Service. Motion to Withdraw as Counsel of Record for Plaintiffs/Appellants/Cross-Respondents. | 10-02859 | |
| 02/10/2010 | Motion | Filed Response to Motion. Objection to Motion To Withdraw as counsel of Record for Plaintiffs' Appellants/Cross-Respondents. (Respondents/Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC) | 10-03691 | |
| 03/10/2010 | Order/Procedural | Filed Order. Dismissing Appeal and Cross-Appeal in Part. As it appears that counsel failed to properly serve his motion to withdraw on his clients, we deny the motion. We conclude that Marrcshare Leasing and Macer Associates have abandoned this appeal. We grant respondents' motion, and we hereby dismiss this appeal and cross-appeal as between Marrcshare Leasing and Macer Associates and Victory Village and Tri Capital Corporation. | 10-06221 | |
| 11/08/2010 | Motion | Filed Stipulation To Dismiss Appeals and Cross Appeals With Prejudice. | 10-29268 | |
| 11/09/2010 | Order/Dispositional | Order Dismissing Appeal and Cross-Appeal. Pursuant to the stipulation of the parties, and cause appearing, "this appeal and cross-appeal are dismissed." The parties shall bear their own costs and attorney fees. NRAP 42(b). | 10-29337 | |
| 11/09/2010 | Case Status Update | Case Closed. No remittitur issued. | ||