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United States Court Cases

Nevada Supreme/Appellate Court Record

GARMONG VS. ROGNEY & SONS CONSTRUCTION

Case Information: 53427
Short Caption:GARMONG VS. ROGNEY & SONS CONSTRUCTIONCourt:Supreme Court
Related Case(s): 52974 , 52975 , 60517 , 68255
Lower Court Case(s):Lyon Co. - Third Judicial District - CI18694Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:03/23/2009 / Yott, LaurieSP Status:Completed
Oral Argument:01/13/2011 at 11:30 AMOral Argument Location:Carson City
Submission Date:01/13/2011How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/16/2009Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Les W. Bradshaw check no. 1176.
03/16/2009Notice 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).) 09-06602
03/23/2009Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Laurie A. Yott 09-07213
03/27/2009Notice/OutgoingIssued Notice to Transmit Required Document. Due Date: 10 days (12/29/08 - Order on Defendant Rogney's Motion for Summary Judgment; 1/6/09 - Notice of Entry of Order) 09-07675
03/31/2009Docketing StatementFiled Docketing Statement. 09-08065
03/31/2009Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. -Docketing Statement. 09-08066
04/01/2009Notice/IncomingFiled Proof of Service. Docketing Statement on Settlement Judge. 09-08224
04/02/2009Order/IncomingFiled District Court Order. Certified copy of order filed in district court on 12/29/08. Order on Defendant Graham Rogney's Motion for Summary Judgment. 09-08358
04/02/2009Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: 1/6/09. Attached is the Order Granting Defendant McFarland Door Manufacturing Co., Inc.'s and Chad Morgan's First Motion in Limine to Limit Plantiff's Claimed Damages to Only Those That are Recoverable Under Nevada Law. 09-08360
04/24/2009Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 6/24/09 09-10235
06/25/2009Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 09-15798
06/30/2009Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant: 15 days to request transcripts; 90 days to file and serve opening brief and appendix. 09-16099
07/15/2009Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/5/09 through 1/14/09. To Court Reporter: Tonja Lemich. 09-17413
08/04/2009Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcripts of Proceedings. Proceedings: All reported proceedings. To Court Reporter: Tonja Lemich. 09-18982
08/19/2009TranscriptFiled Notice from Court Reporter. Anita Fillmore stating that the requested transcripts were delivered. Dates of transcripts: 1/5/09 and 1/12/09. 09-20191
08/27/2009TranscriptFiled Notice from Court Reporter. Tonja Gill Lemich stating that the requested transcripts were delivered. Dates of transcripts: 01/06/09, 01/09/09, and 01/13/09. 09-20920
08/28/2009TranscriptFiled Notice from Court Reporter. Kathy Terhune stating that the requested transcripts were delivered. Dates of transcripts: 1/07/09 and 1/08/09. 09-21071
09/16/2009MotionFiled Motion to Extend Time. 09-22414
09/21/2009Order/ProceduralFiled Order. Granting in Part Motion for Extension of Time to File Opening Brief. Opening Brief and Appendix due: 30 days. 09-22883
10/19/2009MotionFiled Motion to Extend Time. Clarification of Appellant's Second Motin for Extension of Time to File Opening Brief. (30) days. 09-25347
10/19/2009MotionFiled Motion to Extend Time. Appellant's Second Motion for Extension of Time to File Opening Brief. 09-25443
11/06/2009Order/ProceduralFiled Order Granting Motion. for extension of time to file the opening brief. Due 11/16/09. 09-27247
11/16/2009MotionFiled Motion. Appellant's Motion to Supplement the Appellate Record. (DETACHED AND FILED EXHIBITS PER ORDER 12/10/09). 09-27853
11/16/2009MotionFiled Motion and Order/Excess Pages. Opening Brief. Granted: 39 pages. 09-27854
11/16/2009BriefFiled Opening Brief. 09-27855
11/16/2009AppendixFiled Appendix to Opening Brief. Volumes 1-6. 09-27857
11/23/2009MotionFiled Motion and Order Extending Time. Brief due: January 15, 2010. 09-28584
11/25/2009MotionFiled Motion to Extend Time. Respondents Rogney & Sons Construction and Peter Rogney. 09-28745
11/25/2009Notice/OutgoingFiled Notice Motion/Stipulation Approved. The motion/stipulation to enlarge time to file answering brief (Rogney & Sons Construction and Peter Rogney) is approved. Due date: January 15, 2010. 09-28757
12/10/2009Order/ProceduralFiled Order. Granting Motion to Supplement the Appellate Record. The clerk of this court shall detach and file the exhibits attached to appellant's November 16, 2009, motion. 09-29974
12/10/2009ExhibitFiled Exhibits (copies). Detached from Motion filed November 16, 2009 per order 12/10/09. 09-29975
12/14/2009BriefFiled Answering Brief. Respondents McFarland Door and Chad Morgan. 09-30179
12/14/2009AppendixFiled Appendix to Answering Brief. (PAGES 001-006 STRICKEN PER ORDER 04/09/10). Respondents McFarland Door and Chad Morgan. 09-30180
12/30/2009MotionFiled Motion to Extend Time. Respondent's Rogney & Sons; Peter Rogney. 09-31540
01/14/2010Order/ProceduralFiled Order. Granting Motion for Extension of Time to File Answering Brief. Respondents' (Rogney & Sons Construction and Peter Rogney) Answering Brief due: February 1, 2010. 10-01232
01/15/2010BriefFiled Answering Brief. Valley Door Works, Charles Grant and Kathy Grant. 10-01331
02/01/2010BriefFiled Answering Brief. Answering Brief of Respondents Rogney and Sons, Peter Rogney and Graham Rogney. 10-02666
03/05/2010MotionFiled Motion to Strike. Appellant's Motions to Strike Respondents McFarland Door's and Morgan's Exhibit RA 001-006, and Portions of the Answer of Valley Door Works. 10-05919
03/05/2010BriefFiled Reply Brief. Appellant's Reply to Answering Brief of McFarland and Morgan. 10-05920
03/05/2010BriefFiled Reply Brief. Appellant's Reply to Answering Brief of Rogney Respondents. 10-05922
03/05/2010BriefFiled Reply Brief. Appellant's Reply to Answering Brief of Valley Door Works, Charles Grant, and Kathy Grant. 10-05923
03/05/2010AppendixFiled Appendix to Reply Brief. CD accompanied with appendix. 10-05924
03/08/2010MotionFiled Motion to Strike. McFarland Door's and Chad Morgan's Opposition to Appellant's Motion to Strike. 10-06027
03/18/2010MotionFiled Response to Motion. Opposition of Respondents Valley Door Works, Charles Grant and Kathy Grant to Appellant's Motion to Strike. 10-07247
03/18/2010MotionFiled Motion for Permission to File Document. Motion for Leave of Court to File Appendix of Respondents Valley Door Works, Charles Grant and Kathy Grant. 10-07250
03/25/2010MotionFiled Response to Motion. Appellant's Opposition to "Motion for Leave of Court to File Appendix of Respondents Valley Door Works, Charles Grant and Kathy Grant". 10-07824
04/09/2010Order/ProceduralFiled Order. Granting in Part Appellant's Motion to Strike and Granting Respondents' Motion to File Appendix. The clerk of this court is directed to strike page numbers 001-006 of the appendix filed in this court by McFarland Door and Morgan on December 14, 2009, which is a document entitled "Defendants Valley Door Works, Charles Grant, and Kathy Grant's Points and Authorities in Opposition to Plaintiff's Second Motion to Amend Complaint." We deny Garmong's motion to strike portions of VDW's answer. Instead, we grant VDW's motion to file an appendix containing portions of trial transcripts. The clerk of this court shall file VDW's appendix, which was provisionally received on March 18, 2010. Garmong shall have 30 days from the date of this order within which to file and serve an amended reply and reply appendix to VDW's answer. 10-09352
04/09/2010AppendixFiled Appendix to Answering Brief with CD-ROM included. Respondents Valley Door Works, Charles Grant and Kathy Grant's Appendix. 10-07251
05/05/2010BriefFiled Reply Brief. Appellant's Amended Reply Brief. (In response to order filed 4/09/10). 10-11542
09/27/2010Notice/OutgoingFiled Notice Scheduling Oral Argument. Oral argument is scheduled for November 9, 2010 at 10:30 a.m. in Carson City before the Northern Nevada Panel. 10-24699
09/30/2010Letter/IncomingFiled Letter in response to notice filed 9/27/10. 10-25334
10/26/2010Notice/OutgoingIssued Oral Argument Reminder Notice. 10-28002
11/01/2010Order/ProceduralFiled Order Granting Motion to reschedule oral argument. The oral argument presently scheduled is hereby vacated. The clerk of this court is directed to schedule this appeal for oral argument on the next available calendar. 10-28569
12/15/2010Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for January 13, 2011 at 11:30 a.m. in Carson City for 30 minutes before the Northern Nevada Panel. (NNP11-MD/MC/KP) 10-32777
12/27/2010BriefFiled Supplemental Authorities. 10-33666
12/30/2010Notice/OutgoingIssued Oral Argument Reminder Notice. 10-34159
01/13/2011Case Status UpdateOral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. (NNP11-MC/MG/KP)
04/27/2011Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." 11-12434
05/16/2011Post-Judgment PetitionFiled Petition for Rehearing. 11-14381
05/16/2011Filing FeeRehearing Filing Fee Paid. $150.00 from Gregory O. Garmong. Check No. 2022.
07/01/2011Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). 11-19578
07/18/2011Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 11-21486
09/20/2011Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC 11-28694
10/17/2011RemittiturIssued Remittitur. 11-31905
10/17/2011Case Status UpdateRemittitur Issued/Case Closed.
10/26/2011RemittiturFiled Remittitur. Received by County Clerk on October 18, 2011. 11-31905
01/11/2013Transcript RequestFiled Certificate of No Transcript Request. 13-01288