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United States Court Cases

Nevada Supreme/Appellate Court Record

CITY OF RENO VS. CITIZENS FOR COLD SPRINGS

Case Information: 50301
Short Caption:CITY OF RENO VS. CITIZENS FOR COLD SPRINGSCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0600760Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/12/2007 / Eisenberg, RobertSP Status:Completed
Oral Argument:05/03/2010 at 10:00 AMOral Argument Location:Carson City
Submission Date:05/03/2010How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/05/2007Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Gunderson Law Firm--check no. 21354.
10/05/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Lifestyle).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).) 07-21979
10/05/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (City of Reno) 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).) 07-21982
10/12/2007Docketing StatementFiled Docketing Statement. Appellant City of Reno. 07-22607
10/12/2007Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert Eisenberg. 07-22681
10/16/2007Docketing StatementFiled Response to Docketing Statement. Respondent's Response to Appellant City of Reno's Docketing Statement. 07-22828
10/19/2007Docketing StatementFiled Docketing Statement. Appellant Lifestyle Homes. 07-23070
10/19/2007Notice/IncomingFiled Notice. Notice of Change of Firm Name. 07-23071
10/19/2007Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. - Docketing Statement. 07-23073
10/22/2007Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Hale Lane Peek Dennison and Howard--check no. 080060.
10/22/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Wallach IX, LCC). (Notice Re Settlement Conference Program and Suspension of Rules mailed to counsel. (Docketing Statement Form mailed to counsel for appellant(s).) 07-23231
10/25/2007Notice/IncomingFiled Proof of Service. Amended Certificate of Service of Docketing Statement Civil Appeals served upon Settlement Judge. 07-23529
10/25/2007Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference will be scheduled. 07-23536
11/13/2007Notice/IncomingFiled Substitution of Attorneys. Jerry Snyder Esq. hereby consents to the substitution of Stephen C. Mollath, Esq. as Attorney of Record for Appellant Wallach IX, LLC. 07-24741
12/03/2007Notice/OutgoingIssued Notice to File Docketing Statement. Appellant Wallach IX, LLC. 07-25997
12/06/2007MotionFiled Motion to Extend Time. 07-26445
12/10/2007MotionFiled Motion. Statement of Non-Opposition (Motion for extension of time to file extension of time to file docketing statement). 07-26823
12/12/2007Order/Clerk'sFiled Clerk's Order Granting Motion. for an extension of time to file docketing statement. Wallach IX, LLC's Docketing Statement due: January 4, 2008. 07-27020
12/13/2007MotionFiled Motion. Non-Opposition to Motion for Extension of Time. 07-27084
12/17/2007Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 07-27278
12/20/2007Docketing StatementFiled Docketing Statement. Appellant Wallach IX. 07-27611
12/21/2007MotionFiled Motion. Motion for Limited Remand of Case to District Court. 07-27674
04/28/2008Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellants: 15 days to request transcripts; 90 days to file and serve opening brief and appendix. Grant Appellant City of Reno's Motion for Limited Remand of Case to District Court & remand matter to district court for the limited purpose of amending its order as agreed upon by the parties. Appellant City of Reno: 30 days to file status report. 08-10450
04/30/2008Transcript RequestFiled Certificate of No Transcript Request. Appellant City of Reno. 08-10745
05/28/2008Notice/IncomingFiled Status Report. City of Reno. 08-13404
06/06/2008Order/ProceduralFiled Order. . City of Reno shall have 30 days from the date of this order to file, in this court, a file stamped copy of the amended order, or if the amended order is not yet signed, a report regarding the status of the district court proceedings. 08-14307
06/10/2008MotionFiled Response to Order to Show Cause. Response to Order to File Amended District Court Order. 08-14755
06/18/2008Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 08-15632
07/25/2008BriefFiled Opening Brief. 08-19281
07/25/2008AppendixFiled Joint Appendix. Vols 1-7.
07/25/2008MotionFiled Motion. Nev. Chptr. of the Assoc. Gen. Contr., Builders Assoc. of No. Nev., Nat'l. Assoc. of Indus. Office Prop., McKenzie Prop., Somersett Devel. Co., Ltd., Nev. Tri Partners, Jeff Codega Planning and Design, Tanamera Comm, CFA, Inc., Whites Creek Land and Devel., and BT Nev. (collectively, "Amici"). 08-19287
08/11/2008MotionFiled Stipulation. Stipulation to Extend Date to File Answering and Reply Brief.s 08-20649
12/18/2008Order/ProceduralFiled Order. Granting Motion and Approving Stipulation. The clerk shall file the amicus curiae brief received on July 25, 2008. The clerk shall file the answering brief received on September 26, 2008, and the City of Reno's reply brief received on October 14, 2008. If Lifestyle Homes TND, LLC, Woodland Village Homes, Woodland Village North, LLC, H & N Properties, LLC, Josephine Sweeney Trust, Dennis Charley, Joe E. Gardner Family Trust, Zygmunt Terelak, Christine Terelak, Frank Kurnik, Caroline Kurnik, Mike Mullen and Irene Mullen (appellants) wish to move for the dismissal of their appeal, they shall, within ten days from the date of this order, file and serve a motion for voluntary dismissal pursuant to NRAP 42(b), in this court. If appellants wish to continue with their appeal, they shall file and serve a transcript request form and opening brief and appendix within the same time period. Appellant Wallach IX, LLC shall have ten days from the date of this order to file and serve its transcript request form and opening brief and appendix. We caution counsel for appellants and Wallach IX, LLC that failure to comply with this order may result in the imposition of sanctions, including the dismissal of their appeals as abandoned. 08-32161
12/18/2008BriefFiled Amicus Brief. Nev. Chptr. of the Assoc. Gen. Contr., Builders Assoc. of No. Nev., Nat'l. Assoc. of Indus. Office Prop., McKenzie Prop., Somersett Devel. Co., Ltd., Nev. Tri Partners, Jeff Codega Planning and Design, Tanamera Comm, CFA, Inc., Whites Creek Land and Devel., and BT Nev. (collectively, "Amici"). 08-19289
12/18/2008BriefFiled Answering Brief. 08-24987
12/18/2008BriefFiled Reply Brief. 08-26501
12/22/2008MotionFiled Motion to Dismiss Appeal. Appellant Lifestyle. 08-32415
12/24/2008MotionFiled Motion. Notice of Non-Opposition to Motion for Voluntary Dismissal of Appeal. 08-32669
01/05/2009Transcript RequestFiled Certificate of No Transcript Request. (In response to order filed 12/18/08). (Appellant Wallach). 09-00143
01/21/2009Order/ProceduralFiled Order. Partially Dismissing Appeal and Conditionally Imposing Sanctions. We grant the motion for voluntary dismissal of appeal filed by appellants Lifestyle Homes TND LLC, Woodland Village Homes, Woodland Village North LLC, H & N Properties LLC, Josephine Sweeney Trust, Dennis Charley, Joe E. Gardner Family Trust, Zygmunt Terelak, Christine Terelak, Frank Kurnik, Caroline Kurnik, Mike Mullen and Irene Mullen. This appeal is dismissed as to the above-listed appellants only. The clerk shall modify the caption to reflect this dismissal. Conditional Sanction of $500 due: 15 days or Opening Brief and Appendix or Motion due: 10 days (Appellant Wallach). 09-01639
01/26/2009MotionFiled Motion to Dismiss Appeal. Appellant Wallach's Motion for Voluntary Dismissal of Appeal. 09-02167
01/27/2009MotionFiled Response to Motion. Notice of Non-Opposition to Motion for Voluntary Dismissal of Appeal. 09-02261
02/10/2009Order/ProceduralFiled Order. Dismissing Appeal in Part. We grant Wallach IX's request to voluntarily dismiss its appeal. Therefore, we dismiss this appeal, as to Wallach IX only. The clerk of this court shall modify the caption to reflect this dismissal. 09-03639
03/26/2010Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on May 3, 2010 at 10:00 a.m. (En Banc) 10-08020
03/29/2010Order/ProceduralFiled Order. instructing counsel to address specific issues during oral argument. 10-08149
04/05/2010Notice/IncomingFiled Notice. Notice of Change of Telephone Number (John L. Marshall). 10-08740
04/19/2010Notice/OutgoingIssued Oral Argument Reminder Notice. 10-10169
05/03/2010Case Status Update Submitted for Decision.
07/29/2010Opinion/DispositionalFiled Authored Opinion. "Affirmed in part and reversed in part." Before the Court EN BANC. Author: Gibbons, Mark. Majority: Gibbons/Parraguirre/Hardesty/Douglas/Cherry/Saitta/ Pickering. 126 Nev. Adv. Opn. No. 27. EN BANC. 10-19577
08/24/2010RemittiturIssued Remittitur. 10-21635
08/24/2010Case Status UpdateRemittitur Issued/Case Closed
09/02/2010RemittiturFiled Remittitur. Received by District Court Clerk on August 30, 2010. 10-21635