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United States Court Cases

Nevada Supreme/Appellate Court Record

FAYEGHI VS. SORENSON C/W 36384

Case Information: 36303
Short Caption:FAYEGHI VS. SORENSON C/W 36384Court:Supreme Court
Consolidated:36303*, 36384 Related Case(s): 36384
Lower Court Case(s):Clark Co. - Eighth Judicial District - A337233Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:06/26/2000 / Christensen, ThomasSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/08/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/19/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 076254.
06/19/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-10407
06/26/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Thomas F. Christensen. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/29/2000MotionFiled Motion for Stay. Emergency Motion for Stay of Execution of Judgment and Interim Motion for Stay Pending Resolution of Motion. 00-11156
07/03/2000ExhibitFiled Exhibits (copies). Exhibit "J" to Emergency Motion for Stay of Execution of Judgment and Interim Motion for Stay Pending Resolution of Motion (copy). 00-11338
07/17/2000MotionFiled Response to Motion. Respondent's Opposition to Emergency Motion for Stay of Execution of Judgment and Interim Motion for Stay Pending Resolution of Motion. 00-12322
07/19/2000Notice/IncomingFiled Proof of Service. (Respondent's Opposition filed 7/17/00) 00-12495
07/25/2000MotionFiled Motion. Supplement to Motion for Interim Stay Pending Resolution of Emergency Motion for Stay of Executive of Judgment. 00-12858
07/27/2000MotionFiled Response to Motion. Respondent's Opposition to Appellant's Supplement to Motion for Interim Stay Pending Resolution of Emergency Motion for Stay of Executive of Judgment. 00-13036
07/31/2000Order/ProceduralFiled Order Granting Motion. Order Granting Motion for Stay. We grant the motion subject to appellant's posting of a bond. This court is not in a position to determine the appropriate amount of a bond. We remand this matter to the district court for the limited purpose of determining the appropriate amount of the bond, considering appellant's ability to post a bond. The district court shall determine the bond amount within 20 days from the date of this order. Appellant shall have 20 days from the date of the district court's order setting the amount of the bond in which to post the bond and submit proof to the clerk of this court that the bond has been posted. Failure to comply with the bond condition will result in this court's vacation of the stay. We grant appellant's motion for a temporary stay and stay the execution of judgment while the bond issue is pending in the district court. 00-13228
11/15/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-20043
11/15/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
12/04/2000MotionFiled Motion to Extend Time. Unsigned draft of docketing statement enclosed with motion. 00-21080
12/06/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant shall have 10 days from the date of this order to file and serve the docketing statement. Any future motion for an extension of time should specify the amount of time requested. 00-21286
12/20/2000Docketing StatementFiled Docketing Statement. 00-22164
12/29/2000Order/ProceduralFiled Order/Show Cause. Appellant shall have 10 days from the date of this order to show cause why we should not vacate our prior stay order. 00-22725
01/09/2001MotionFiled Response to Order to Show Cause. 01-00454
01/17/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We hereby consolidate the above-entitled matters for all appellate purposes. The parties were unable to agree to a settlement of these matters. Upon the filing of the docketing statement in Docket No. 36384, this court shall conduct a preliminary jurisdictional review of these appeals. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve a single opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 36303, 36384. 01-01022
01/18/2001Docketing StatementReceived Docketing Statement. No. 36384.
02/05/2001MotionFiled Motion to Extend Time. in no. 36384. Nos. 36303/36384 (01-02288)
02/05/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/14/00, 2/25/00, 3/14/00, 3/16/00, 3/21/00, 3/24/00 and 6/12/00. To Court Reporter: none listed. Nos. 36303 and 36384. 01-02334
02/12/2001Transcript RequestFiled Request for Transcript of Proceedings. (Amended)Transcripts requested: 2/14/00; 3/21/00; 3/24/00; 6/12/00; 3/14/00; 2/25/00; 3/16/00. To Court Reporter: Karen Snyder. Nos. 36303/36384. 01-02781
02/20/2001Order/Clerk'sFiled Clerk's Order Granting Motion. The clerk shall file the docketing statement for docket No. 36384 received on January 18, 2001. Nos. 36303/36384. 01-03120
04/27/2001Order/ProceduralFiled Order. On February 12, 2001, appellant filed an amended transcript request form in these consolidated appeals requesting the preparation of transcripts by court reporter Karen Snyder. Appellant specifically requests the production of transcripts for proceedings conducted on February 14, 2000; February 25, 2000; March 14, 2000; March 16, 2000; March 21, 2000; March 24, 2000; and June 12, 2000. Our review of the district court minute entries indicates that the proceedings conducted on those dates were not recorded. Accordingly, we conclude that court reporter Snyder is not obligated to produce the requested transcripts. Nos. 36303/36384. 01-07146 01-07146
05/21/2001MotionFiled Stipulation and Order. Brief due: June 15, 2001. Nos. 36303/36384. 01-08469
06/18/2001MotionFiled Motion to Extend Time. Nos. 36303/36384. 01-10115
06/19/2001Order/ProceduralFiled Order Granting Motion. filed June 18, 2001. Appellant shall have to and including July 16, 2001, to file and serve the opening brief and appendix. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. Nos. 36303/36384. (01-10232) 01-10232
07/18/2001MotionFiled Motion to Extend Time. Nos. 36303/36384. 01-12238
08/20/2001MotionFiled Motion to Extend Time. Nos. 36303/36384 01-14090
08/27/2001MotionFiled Motion to Extend Time. Nos. 36303/36384. (01-14496) 01-14496
08/29/2001MotionFiled Response to Motion. Respondent's Opposition to Motion to Extend Time for Filing Appellant's Opening Brief and Appendix and Counter Motion to Dismiss Appeal. Nos. 36303/36384. 01-14642
09/12/2001MotionFiled Response to Motion. Appellant's Opposition to Counter-Motion to Dismiss Appeal. 01-15440
09/12/2001MotionFiled Motion to Extend Time. Motion to File Opening Brief with Incomplete Appendix. Nos. 36303/36384. 01-15442
10/09/2001Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why these consolidated appeals should not be dismissed for lack of jurisdiction. Amended docketing statement due: 30 days. We caution appellant's counsel that we will not extend the deadline for respondening to this show cause order absent extreme and unforeseeable circumstances. Fn2 [We defer fuling on appellant's motions to again extend the time for filing the opening brief and to file an incomplete appendix, and on respondent's motion to dismiss these consolidated appeals. Nos. 36303/36384. 01-16911
10/09/2001Notice/IncomingFiled Substitution of Attorneys. E.M. Gunderson in place and instead of William W. McGaha as counsel for respondent. Nos. 36303/36384 01-16925
10/09/2001MotionFiled Motion to Extend Time. Nos. 36303/36384 01-16928
11/13/2001MotionFiled Response to Order to Show Cause. (and Supplemental Appendix - filed separately). Nos. 36303/36384. 01-18904
11/13/2001Docketing StatementFiled Docketing Statement. (Amended) Nos. 36303/36384. 01-18905
11/13/2001AppendixFiled Appendix. Appellant's Supplemental Appendix Pages 606 through 780 (to Response to Order to Show Cause). Nos. 36303/36384. 01-18906
12/07/2001Order/ProceduralFiled Order. Order Denying Motion to Dismiss, Granting Extensions and Imposing Sanctions. These are consolidated appeals. We ordered appellant to show cause why the appeals should not be dismissed for lack of jurisdiction. In response, appellant has submitted documents showing that all parties were formally dismissed, and all claims not on appeal were formally resolved before the judgment's entry. We conclude that we have jurisdiction. Before appellant finally submitted his opening brief and an incomplete appendix, he moved several time to extend the filing deadline. Respondent opposed the fifth request for extra time, and moved to dismiss the appeals for failure to prosecute. Because we prefer to dispose of cases on their merits, we deny the motion to dismiss, and we grant both parties' motions to extend the filing deadlines. We direct the clerk to file the opening brief and appendix received on September 10, 2001. Respondent shall have 45 days from the date of this order to file and serve an answering brief. Appellant shall then have 30 days to file and serve any reply brief. Wee will not extend the reply brief deadline absent a clear showing of extreme and unforeseeable circumstances. Because appellant's counsel's cavalier attitude toward appellant's duty, we ordered counsel to show cause why we should not impose sanctions. Counsel has not respondent. We conclude that sanctions are warranted to discourage similar disregard for our rules and orders in the future. Within 30 days from this order's date, the law firm of Beckley, Singleton, Chtd. shall pay $1,000 to the Nevada Supreme Court Law Library and provide proof of payment to this court's clerk. Nos. 36303/36384. (01-20519) 01-20519
12/07/2001BriefFiled Opening Brief. Mailed on: 09/07/01. Nos. 36303/36384--brief filed in No. 36303. (01-15203) 01-15203
12/07/2001AppendixFiled Appendix to Opening Brief. Nos. 36303/36384--appendix filed in No. 36303. (01-15205) 01-15205
12/31/2001Notice/IncomingFiled Proof of Payment of Sanction. $1,000 from Beckley Singleton, Chtd. to the Supreme Court Law Library (check no. 088719). Nos. 36303/36384 01-21899
01/23/2002MotionFiled Motion to Extend Time. Nos. 36303/36384. 02-01527
01/28/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 23, 2002. Respondent shall file and serve the answering brief and respondent's appendix by February 21, 2002. (02-01790). Nos. 36303/36384. 02-01790
02/19/2002MotionFiled Motion for Excess Pages. Nos. 36303/36384. 02-03130
02/22/2002Order/ProceduralFiled Order Granting Motion. filed February 19, 2002. The clerk of this court shall file the 54-page answering brief and the appendix received on February 19, 2002. Appellant shall have 30 days from the date of this order to file and serve a reply brief. Nos. 36303/36384. (02-03361) 02-03361
02/22/2002BriefFiled Answering Brief. Mailed on: 02/15/02-Federal Express. Signed by E. M. Gunderson. Nos. 36303/36384--brief filed in No. 36303. 02-03131
02/22/2002AppendixFiled Appendix to Answering Brief. Nos. 36303/36384--appendix filed in No. 36303. (02-03132) 02-03132
03/27/2002MotionFiled Motion to Extend Time. Nos. 36303/36384. 02-05420
03/29/2002MotionFiled Response to Motion. Opposition to Appellant's "Motion to Extend Time for Filing Appellant's Reply Brief" (Sanctions Requested). Nos. 36303/36384. (02-05624) 02-05624
04/01/2002MotionFiled Motion for Permission to File Document. Request to File Appellant's Reply to Opposition to Appellant's Motion t Extend Time for Filing Appellant's Reply Brief. 02-05790
04/03/2002Order/ProceduralFiled Order Denying Motion. On March 27, 2002, appellant filed a motion for extension of time to file and serve the reply brief. Respondent opposes the motion and requests this court to dismiss these appeals and impose sanctions against appellant. On April 1, 2002, appellant filed a motion to file a reply to respondent's motion. We grant appellant's motion to file a reply. The clerk of this court shall file the reply received on April 1, 2002. Having reviewed the motion, opposition and reply, we conclude that the need for additional time to respond to a 54-page answering brief does not constitute an extreme and unforeseeable circumstance. Accordingly, we deny the motion. No reply brief shall be filed in these consolidated appeals. Further, in the event these consolidated appeals are scheduled for oral argument, appellant will not be permitted to present a concluding or rebuttal argument unless such argument is requested by a justice. We admonish appellant's counsel for failing to comply with orders of this court and caution appellant's counsel that future failure to disregard orders of this court may result in the imposition of sanctions. In light of this order we deny respondent's request for dismissal of this appeal and for the imposition of sanctions. Nos. 36303/36384. 02-05908
04/03/2002MotionFiled Reply to Response. Nos. 36303/36384. 02-05795
04/04/2002MotionFiled Response to Motion. Respondent's Opposition to Appellant's "Request to File Appellant's Reply to Opposition to Appellant's Motion to Extend Time." Nos. 36063/36384 02-06060
07/08/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 36303/36384. 02-11534
07/08/2002Case Status Update Submitted for Decision. Nos. 36303/36384.
10/15/2002Order/DispositionalFiled Dispositional Order/Appeal. Vacating Judgment and Remanding. fn1[On January 17, 2001, this court, for all appellate purposes, ordered the appeals consolidated in Docket No. 36303 and No. 36384.] 'ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order." SNP02-CY/DA/ML. Nos. 36303/36384. 02-17868
11/05/2002MotionFiled Motion to Extend Time. Motion to Enlarge Time for Filing Petition for Rehearing Re: Order Vacating Judgment and Remanding. Nos. 36303/36384. 02-19074
11/07/2002Order/ProceduralFiled Order Granting Motion. filed on November 5, 2002. Respondent shall have until November 19, 2002, to file and serve a petition for rehearing in these consolidated appeals. Nos. 36303/36384. 02-19210
11/20/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from R. Paul Sorenson - check no. 25454. Nos. 36303/36384.
11/20/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Federal Express November 19, 2002. Nos. 36303/36384. 02-19944
12/04/2002Post-Judgment OrderFiled Order/Rehearing Denied. Denying Rehearing and Request for Oral Argument. "Rehearing and request for oral argument denied." NRAP 40(c). Nos. 36303/36384. 02-20710
12/18/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on December 16, 2002. Nos. 36303/36384. 02-21635
12/31/2002RemittiturIssued Remittitur. 02-22206
12/31/2002Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 3, 2003. 02-22206
02/13/2003OtherDisqualification of Justice Gibbons.
02/21/2003Post-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." fn1[The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-Agosti, C.J., Shearing, J., Rose, J., and Leavitt, J. Becker, J., dissenting in part. Maupin, J., dissenting in part. Nos. 36303/36384. 03-02961
03/07/2003MotionFiled Motion. Motion for Compliance with NRAP 40A(f). Nos. 36303/36384. (03-03873) 03-03873
03/24/2003MotionFiled Motion. Motion for Leave to File Brief of the Nevada Trial Lawyers Association as Amicus Curiae in Support of Position of Respondent - (Motion is in reference to Rule 40(f) - Nos. 36303/36384. 03-04962
04/24/2003Order/DispositionalFiled Dispositional Order/Appeal. Order Granting En Banc Reconsideration and Affirming the Panel Decision. On February 21, 2003, this court issued an order denying respondent R. Paul Sorensen's petition for en banc reconsideration. Upon further reflection, however, the court determined to resubmit this matter to the en banc court for reconsideration. Having carefully reconsidered the panel's order vacating judgment and remanding, entered October 15, 2002, and the panel's order denying rehearing, entered December 4, 2002, we conclude that the decision of the panel should remain unchanged. Accordingly, we affirm the panel's decision in its entirety. Becker, J. And Maupin, J., dissenting. fn1[We deny, as moot, respondent Sorenson's motion to compel this court to grant his petition for en banc reconsideration pursuant to NRAP 40A(f) or, alternatively, to publish the panel decision as an opinion. Further, we deny, as moot, the NTLA's motion for leave to file an amicus brief in support of respondent's position. The Honorable Mark Gibbons Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC. Nos. 36303/36384 03-07006
04/24/2003Other Returned Unfiled Document. Pursuant to 4/24/03 order, returned, unfiled, Nevada Trial Lawyers Association's Amicus Curiae Brief in Support of Respondent's Motion to for Enforcement of Rule 40A(f), NRAP, and his Request to Recall Remittitur, if Necessary. Nos. 36303/36384. 03-04964
04/24/2003Order/ProceduralFiled Order. Recalling Remittitur. The remittitur issued in these consolidated appeals on December 31, 2002. The court subsequently determined to resubmit this matter to the en bance court for reconsideration. Accorgingly we hereby recall the remittitur previously issued in these appeals. Nos. 36303/36384. 03-07024
05/20/2003RemittiturIssued Remittitur. 03-07723
05/20/2003Case Status Update Remittitur Issued/Case Closed.
06/05/2003RemittiturFiled Remittitur. Received by County Clerk on May 22, 2003. 03-07723