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United States Court Cases

Nevada Supreme/Appellate Court Record

MARRCSHARE LEASING VS. VICTORY VILLAGE

Case Information: 51508
Short Caption:MARRCSHARE LEASING VS. VICTORY VILLAGECourt: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, KathleenSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/28/2008Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices of James J. Lee check no. 1011.
04/28/2008Notice 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).) 08-10586
04/30/2008Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Kathleen M. Paustian. 08-10711
05/23/2008Notice/OutgoingIssued Notice to File Docketing Statement. 08-12979
06/02/2008Settlement Program ReportFiled 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
07/11/2008Order/ProceduralFiled 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
08/19/2008Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Fennemore Craig check no. 1741.
08/19/2008Notice of Appeal DocumentsFiled 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
08/21/2008Notice/OutgoingIssued Notice to Confirm as Counsel. Due Date: 10 days 08-21514
08/28/2008Notice/IncomingFiled Notice. Christopher H. Byrd Esq. of Fennimore Craig, P.C. representing appellants Fort Worth Credit Partners and Step'N Investments, Inc. 08-22160
08/28/2008Notice/IncomingFiled 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
09/02/2008Order/ProceduralFiled 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
09/04/2008Docketing StatementFiled Docketing Statement. Fort Worth Credit; Step'n Invest. 08-22709
09/04/2008Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. Fort Worth Credit; Step'n Invest.'s Docketing Statement. 08-22710
09/05/2008Notice/IncomingFiled Notice. Marchese Leasing, Inc. and Macer Associates, Ltd., LP's Notice Confirming Counsel. 08-22895
09/08/2008Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Holland & Hart check no. 66001342.
09/08/2008Notice of Appeal DocumentsFiled 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
09/08/2008Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days (Holland & Hart) 08-23024
09/10/2008Notice/IncomingFiled Proof of Service. Docketing Statement on Settlement Judge (Appellants-Fort Worth Credit; Step'n Invest.) 08-23409
09/15/2008Notice/IncomingFiled Proof of Payment of Sanction. Copy of check no. 1071 in the amount of $500 payable to the Supreme Court Law Library. 08-23718
09/15/2008Docketing StatementFiled Docketing Statement. Appellants / Respondents Marrcshare Leasing; Macer Assoc. 08-23720
09/18/2008Notice of Appeal DocumentsFiled Case Appeal Statement. Holland & Hart (Respondents Victory Village, Tri Capital) 08-24187
09/24/2008Docketing StatementFiled Docketing Statement. Respondents Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak, and Paul Renno 08-24647
09/24/2008Notice/OutgoingIssued 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
10/01/2008Notice/IncomingFiled Proof of Service. Responses to Marrchshare's/Macer' and Ft. Worth's/Step'n's Docketing Statements on Settlement Judge. 08-25358
10/03/2008MotionFiled 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
10/03/2008MotionFiled Motion. Motion for Leave to File a Response to Appellant Marrcshare's/Macer's Docketing Statement Exceeding One Page in Length. 08-25613
11/05/2008Settlement NoticeIssued Notice: Final Settlement Report. 08-28327
11/13/2008Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 08-28890
12/05/2008Settlement Order/ProceduralFiled 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
12/05/2008Docketing StatementFiled Response to Docketing Statement. 08-24804
12/05/2008Docketing StatementFiled Response to Docketing Statement. 08-24805
12/08/2008Notice/IncomingFiled 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
12/15/2008Transcript RequestFiled 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
12/19/2008Letter/IncomingFiled Letter. from Fennemore Craig regarding transcripts. (Certificate of no transcript request) 08-32273
12/19/2008TranscriptFiled Notice from Court Reporter. Cynthia Georgilas stating that transcripts were delivered for 5/19/08. 08-32294
12/24/2008MotionFiled Motion to Extend Time. Appellants Marrcshare Leasing and Macer Associates' Motion to Enlarge Time to File Request for Transcript of Proceedings. 08-32721
12/26/2008Letter/IncomingFiled Letter. From Fennemore Craig regarding Appellant, Fort Worth Credit; Step'n Investments, Request for Transcript of Proceedings 12/15/08. 08-32740
12/26/2008MotionFiled Motion. to Motion to Enlarge Time to File Request for Transcript of Proceedings. 08-32761
01/02/2009Order/ProceduralFiled 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
01/21/2009Transcript RequestFiled 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
01/22/2009MotionFiled Motion to Extend Time. Appellants' (Marrcshare Leasing; Macer Assoc.) Second Motion to Enlarge Time to File Request for Transcript of Proceedings. 09-01784
01/29/2009TranscriptFiled 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
01/30/2009MotionFiled 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
01/30/2009Notice/IncomingFiled Notice. Respondents/Cross-Appellants Victory Village, Ltd., III Partnership, Tri Capital Corporation; and Tri Capital, LLC's Notice of Filing Transcripts. 09-02672
01/30/2009TranscriptFiled Transcript. Proceedings: 4/25/05 and 7/25/05. Court Reporter: Free Lance Court Reporters. (Submitted by Atty. Patick Reilly). 09-02680
03/04/2009MotionFiled Stipulation and Order. Brief due: March 19, 2009. (Appellants Forth Worth & Steph'n Investments, Inc.) 09-05471
03/06/2009MotionFiled Motion and Order Extending Time. Brief due: April 6, 2009. (Appellants Marrcshare Leasing; Macer Assoc.) 09-05835
03/10/2009Order/ProceduralFiled 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
03/24/2009MotionFiled 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
03/26/2009Notice/IncomingFiled 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
05/06/2009Order/ProceduralFiled 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
05/22/2009MotionFiled Response to Order to Show Cause. Respondents/Appellants Victory Village, Ltd., III, Tri Capital Corporation, and TRI Capital, LLC. Nos. 51508/53155. 09-12832
05/26/2009Notice/IncomingFiled Joinder. Fort Worth Credit Partners, Ltd. And Step'n Investments, Inc.'s Joinder in Response to Order to Show Cause. 09-13004
05/29/2009Notice/IncomingFiled Joinder. Marrcshare Leasing, Inc. and Macer Associates, Ltd. LP's Joinder in Response to Order to Show Cause. Nos. 51508/53155. 09-13430
06/16/2009Order/ProceduralFiled 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
07/16/2009MotionFiled 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
07/23/2009Notice/IncomingFiled Joinder. Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc.'s Joinder in Supplemental Response to Order to Show Cause. 09-18030
08/05/2009MotionFiled Motion to Consolidate. Nos. 51508/53155. 09-19072
08/25/2009Order/ProceduralFiled 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
10/26/2009BriefFiled Opening Brief. Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak 09-26091
10/26/2009AppendixFiled Joint Appendix. Vols. 1 thru 52. Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak. 09-26092
10/26/2009Notice/IncomingFiled 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
10/26/2009Notice/IncomingFiled 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
10/26/2009BriefFiled Opening Brief. Appellants and Respondents Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc.'s Opening Brief 09-26185
11/25/2009BriefFiled Answering Brief. Respondents Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc.'s Answering Brief 09-28826
11/25/2009MotionFiled Motion. Respondents' Motion For Permission To Exceed Page Length Limitation 09-28859
11/25/2009Notice/OutgoingFiled Notice Motion/Stipulation Approved. The motion for excess pages is approved. 43 pages granted. 09-28860
11/25/2009BriefFiled Answering Brief. Respondents / Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC, John Sweazey, William Szymczak. 09-28862
12/11/2009MotionFiled 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
12/14/2009Notice/OutgoingFiled Notice Motion/Stipulation Approved. Reply Brief (Appellants/Respondents Fort Worth Credit; Step'n Invest.) due date: January 14, 2010. 09-30164
12/14/2009Notice/OutgoingIssued 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
12/15/2009MotionFiled 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
12/15/2009Notice/OutgoingFiled Notice Motion/Stipulation Approved. Respondents/Cross-Appellants' Victory Village III, Ltd., TRI Capital Corp., TRI, LLC Reply Brief due: January 14, 2010. 09-30417
01/04/2010MotionFiled Motion. James J. Lee, Esq. representing Appellants /Cross-Respondents Marrcshare Leasing; Macer Assoc. 10-00136
01/08/2010Order/ProceduralFiled 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
01/11/2010BriefFiled Amended Brief. Cross-Appellants' Amended Opening Brief. Respondents/Cross-Appelalnts Victory Village, TRI Capital Corporation, and TRI Capital, LLC. 10-00737
01/11/2010MotionFiled 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
01/14/2010MotionFiled 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
01/14/2010Notice/OutgoingFiled Notice Motion/Stipulation Approved. Reply Brief. Granted: 20 Pages. (Appellants/Cross-Respondents Fort Worth Credit Partners, Ltd. and Step'N Investments) 10-01260
01/14/2010BriefFiled Reply Brief on Cross-Appeal. Appellants/Cross-Respondents Fort Worth Credit Partners, Ltd. and Step'N Investments. 10-01262
01/14/2010BriefFiled Reply Brief on Cross-Appeal. Respondents/Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC. 10-01263
01/14/2010AppendixFiled Appendix to Reply Brief. Respondents/Cross-Appellants Victory Village III, Ltd., TRI Capital Corp., TRI, LLC. 10-01265
01/28/2010Notice/IncomingFiled 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
01/28/2010Notice/IncomingFiled 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
01/28/2010Notice/IncomingFiled 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
02/02/2010Notice/IncomingFiled Proof of Service. Motion to Withdraw as Counsel of Record for Plaintiffs/Appellants/Cross-Respondents. 10-02859
02/10/2010MotionFiled 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
03/10/2010Order/ProceduralFiled 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
11/08/2010MotionFiled Stipulation To Dismiss Appeals and Cross Appeals With Prejudice. 10-29268
11/09/2010Order/DispositionalOrder 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
11/09/2010Case Status UpdateCase Closed. No remittitur issued.