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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 47923
Short Caption:BABCOCK VS. GUDENCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A493540
Clark Co. - Eighth Judicial District - A493646
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/01/2006 / Trost, JanetSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/14/2008How Submitted:On Briefs

+ Party Information

Docket Entries
08/28/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Albert D. Massi Ltd.--check no. 46501.
08/28/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 06-17831
09/01/2006Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet Trost. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/15/2006Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 06-19028
09/22/2006Notice/IncomingFiled Proof of Service. Docketing Statement served on Settlement Judge. 06-19519
10/02/2006Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference will be scheduled. 06-20170
11/07/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 06-22705
11/08/2006Notice/Outgoing Letter. Janet Trost. (Amended Notice of Appeal)
11/13/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 20, 2006. 06-23204
11/27/2006Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 06-24143
11/28/2006Other Returned Mail. Settlement Conference Status Report filed 11/13/06, Letter issued 11/08/06, and Receipt for documents dated 11/07/06 remailed to Albert Massi at corrected address.
12/07/2006Other Returned Mail. Set. Conf. Status Report filed 11/27/06 addressed to Albert Massi remailed to corrected address.
12/13/2006Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 06-25470
12/19/2006MotionFiled Motion. Frederic I. Berkley. 06-25839
12/22/2006Notice/OutgoingIssued Notice to File Transcript Request. Order of 11/27/06 Due Date: 10 days.
12/29/2006Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of Order filed in district court on November 27, 2006. 06-26675
01/12/2007Order/ProceduralFiled Order/Show Cause. Appellant shall have 15 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondent may file any reply within 10 days from the date that appellant's response is served. 07-00950
01/26/2007MotionFiled Response to Order to Show Cause. 07-02099
01/30/2007Order/ProceduralFiled Order Denying Motion. to Withdraw as Counsel. This denial is without prejudice to Mr. Berkley's right to renew his motion upon resolution of the jurisdictional issue. 07-02434
02/16/2007MotionFiled Response to Order to Show Cause. Supplemental Response to Order to Show Cause. 07-03928
02/26/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Second Amended Notice of Appeal. 07-04585
03/08/2007Order/ProceduralFiled Order. Allowing Appeal to Proceed and Directing Compliance with NRAP 9(a). Transcript request due: 10 days. 07-05485
03/14/2007BriefFiled Opening Brief. 07-05940
03/14/2007AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 07-05941
03/19/2007MotionFiled Motion. 07-06261
04/02/2007Transcript RequestFiled Certificate of No Transcript Request. 07-07278
04/11/2007Order/ProceduralFiled Order Granting Motion. to Withdraw. On March 19, 2007, Mr. Berkley filed a renewed motion to withdraw as counsel of record for respondent. We grant the motion to withdraw. The clerk shall remove Mr. Berkley and the law firm of Berkley, Gorden & Goldstein, LLP, as counsel of record for respondent. Ms. Guden shall have 30 days from the date of this order to obtain new counsel and cause new counsel to file a notice of appearance with this court. If Ms. Guden will not be retaining new counsel, she shall so inform this court in writing within the same time period. Failure to timely obtain new counsel and cause new counsel to enter a notice of appearance in this court may result in this appeal being submitted for decision on the opening brief and appendix. 07-08079
04/16/2007Notice/IncomingFiled Notice of Appearance. Mark J. Bourassa as counsel for repondent. 07-08553
04/16/2007MotionFiled Motion and Order Extending Time. Brief due: May 16, 2007. 07-08534
05/18/2007BriefFiled Answering Brief. 07-11039
06/18/2007MotionFiled Stipulation and Order. Brief due: July 2, 2007. 07-13219
07/03/2007BriefFiled Reply Brief. 07-14504
03/14/2008Order/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. 08-06411
03/14/2008Case Status Update Submitted for Decision.
05/06/2008Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP08-JH/RP/MD 08-11205
06/03/2008RemittiturIssued Remittitur. 08-12030
06/03/2008Case Status Update Remittitur Issued/Case Closed.
06/11/2008RemittiturFiled Remittitur. Received by County Clerk on June 5, 2008. 08-12030