LANG VS. KNIPPENBERG C/W 44458/45331/45405

Case Information: 44823
Short Caption:	LANG VS. KNIPPENBERG C/W 44458/45331/45405	Court:	Supreme Court
Consolidated:	44458 *, 44823, 45331 , 45405	Related Case(s):	52674
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A422863	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:	03/15/2005 / Berkson, Lester	SP Status:	Completed
Oral Argument:	04/10/2006 at 1:30 PM	Oral Argument Location:	Regional Justice Center
Submission Date:	11/02/2006	How Submitted:	After Oral Argument

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
03/08/2005	Filing Fee	Received Filing Fee Paid on Filing. $250.00 from George T. Bochanis, Ltd.--check no. 16039.
03/08/2005	Notice of Appeal Documents	Filed 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.)		05-04506
03/15/2005	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/23/2005	Docketing Statement	Filed Docketing Statement.		05-05655
03/28/2005	Letter/Incoming	Filed Letter. from George T. Bochanis with attachment (First Amended Complaint) to the docketing statement. (Attachment attached to back of docketing statement.)
05/23/2005	Settlement Program Report	Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.		05-10112
05/31/2005	Settlement Order/Procedural	Filed 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).		05-10594
06/09/2005	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 09/29/04. To Court Reporter: Free Lance Court Reporters.		05-11361
07/18/2005	Motion	Filed Stipulation and Order. Brief due: September 28, 2005.		05-14253
07/27/2005	Transcript	Filed Transcript. Proceedings: 09/29/04; 09/30/04; and 10/01/04. Court Reporter: Sharon Howard.		05-14926
09/26/2005	Motion	Filed Motion to Extend Time.		05-19090
09/30/2005	Order/Procedural	Filed Order Granting Motion. filed September 26, 2005. Opening brief and appendix due: October 31, 2005. No extensions shall be permitted.		05-19500
10/14/2005	Motion	Filed Motion to Consolidate. Nos. 44823/45405.		05-20313
10/24/2005	Motion	Filed Response to Motion. Opposition to Appellant's Motion to Consolidate Appeal with Nevada Supreme Court Case No. 45405. Nos. 44823/45405.		05-21033
11/01/2005	Motion	Filed Motion to Extend Time.		05-21532
11/09/2005	Appendix	Received Appendix to Opening Brief. Vols. 1 through 5.clerk2		05-22072
11/09/2005	Brief	Received Opening Brief.		05-22130
11/14/2005	Other	Other. Received letter from George Bochanis enclosing corrected Table of Contents, Table of Authorities, and pages 13 through 15 for opening brief and corrected pages 000001-5 through 000001-8 for Appendix. (Replaced pages in all copies of brief and in appendix.)		05-22393
11/28/2005	Order/Procedural	Filed Order. We deny the motion to consolidate these appeals without prejudice to Lang's right to renew the motion upon completion of briefing. The clerk shall file the brief and appendix provisionally submitted on November 9, 2005 in No. 44823. In No. 45405, Seasholtz has filed a motion to extend time for filing his opening brief. Pursuant to this court's September 15, 2005, order, the opening brief is not due until December 14, 2005. We deny Seasholtz's motion. Nos. 44823/45405 - cases are not consolidated.		05-23219
11/28/2005	Brief	Filed Opening Brief.		05-22130
11/28/2005	Appendix	Filed Appendix to Opening Brief. Volumes 1 through 5.		05-22072
11/28/2005	Motion	Filed Motion. 01/27/06 Order: detached the exhibits from the motion, and filed as a supplemental appendix.jcr		05-23267
12/09/2005	Motion	Filed Response to Motion. Opposition to Appellant Tiffany Lang's Motion to Supplement Record on Appeal.		05-24124
12/12/2005	Brief	Filed Answering Brief.		05-24182
12/16/2005	Motion	Filed Motion and Order Extending Time. Brief due: February 13, 2006.		05-24509
12/28/2005	Motion	Filed Response to Motion. Opposition to Appellant Tiffany Lang's Motion to Enlarge Time for Filing Reply Brief.		05-25305
01/18/2006	Motion	Filed Motion. Appellant Tiffany Lang's Motion to Supplement Record on Appeal. 01/27/06 Order: detached the exhibits from the motion, and filed as a supplemental appendix.jcr		06-01237
01/27/2006	Order/Procedural	Filed Order. On December 28, 2005, respondent filed an opposition to appellants' motion for extension of time. Because we have already granted appellants' motion for an extension of time, we elect to consider respondent's opposition as a motion for reconsideration. We deny the motion for reconsideration. We grant appellant Tiffany Lang's motions to supplement the appellate court record. The clerk shall detach the exhibits from the motions filed by appellant on November 28, 2005, and January 18, 2006, and file them in this appeal.		06-02043
01/27/2006	Appendix	Filed Appendix. Supplemental Appendix. (01/27/06 Order: detached the exhibits from the motion filed on November 28, 2005, and filed as a supplemental appendix.)jcr		06-02048
01/27/2006	Appendix	Filed Appendix. Supplemental Appendix. (01/27/06 Order: detached the exhibits from the motion filed on January 18, 2006, and filed as a supplemental appendix.)jcr		06-02051
01/27/2006	Motion	Filed Response to Motion. Opposition to Appellant Tiffany Lang's Motion to Supplement Record on Appeal.		06-02057
02/03/2006	Motion	Filed Motion to Extend Time.		06-02520
02/09/2006	Motion	Filed Motion. Appellant Tiffany Lang's Motion to Supplement Record on Appeal. 03/07/06 order: detached and filed exhibit (A).jcr		06-02977
02/10/2006	Motion	Filed Motion. Motion for Reconsideration (of order resolving motions).		06-03018
02/13/2006	Motion	Filed Motion. 03/07/06 order: detached and filed exhibit (B).jcr		06-03163
02/14/2006	Motion	Filed Response to Motion. Opposition to Appellant Tiffany Lang's Motion to Enlarge Time for Filing Reply Brief.		06-03268
02/17/2006	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 10, 2006, at 1:30 p.m. (SNP06-WM/MG/JH)
02/17/2006	Motion	Filed Response to Motion.		06-03689
02/22/2006	Motion	Filed Response to Motion. Appellant Tiffany Lang's Opposition to Motion for Reconsideration.		06-03891
02/28/2006	Motion	Filed Motion for Permission to File Document. Motion for Permission to file Reply to Appellant's Opposition to Respondent's Motion for Reconsideration.		06-04536
03/03/2006	Motion	Filed Response to Motion. Appellants' Opposition to Motion for Permission to file Reply to Appellant's Opposition to Respondent's Motion for Reconsideration.		06-04797
03/07/2006	Order/Procedural	Filed Order Denying Motion. for Reconsideration, Denying Motion for Leave to file Reply, Denying Request for Sanctions, Granting Motions to Supplement the Record, and Granting Extension of Time. Oral argument for this appeal is scheduled for April 10, 2006, at 1:30 p.m. Respondent has filed a motion for reconsideration of the order filed on January 27, 2006. fn1[We elect to treat the opposition as a motion for reconsideration and resolve it together with the February 10, 2006, motion for reconsideration.] We deny the motion for reconsideration and motion for leave to file a reply. We grant Lang's motions to supplement the record and deny the request for sanctions. The clerk shall detach the exhibits from the motions filed by Lang on February 9, 2006, and February 13, 2006, and file them in this appeal. We grant the motion for an extension of time to file the reply brief. Reply brief due: March 15, 2006. No further extensions of time shall be permitted.		06-04949
03/07/2006	Exhibit	Filed Exhibits (copies). Exhibit A (detached from Appellant Tiffany Lang's Motion filed February 9, 2006) and Exhibit B (detached from Motion to Supplement Record filed February 13, 2006).		06-04954
03/10/2006	Order/Procedural	Filed Order. We grant respondent leave to file a sur-reply brief within 10 days of service of appellants' reply brief and shall not exceed 15 pages in length. The appendix shall not exceed 50 pages. As oral argument is scheduled for April 10, 2006, no extensions shall be allowed for filing the sur-reply brief and appendix.		06-05273
03/16/2006	Notice/Incoming	Filed Notice of Association of Counsel. Robert L. Eisenberg associated as counsel for respondent.		06-05701
03/17/2006	Brief	Filed Reply Brief.		06-05760
03/20/2006	Motion	Filed Motion. Motion for Leave to File Brief of the Nevada Trail Lawyers Association as Amicus Curiae in Support of Position fo Appellant.		06-05857
03/20/2006	Brief	Received Amicus Brief. Amicus Curiae Brief of the Nevada Trail Lawyers Association in Support of Position fo Appellant.		06-05859
03/27/2006	Notice/Outgoing	Issued Oral Argument Reminder Notice.
03/29/2006	Order/Procedural	Filed Order. the Nevada Trial Lawyers Association has moved for leave to file an amicus curiae brief in support of appellants. Cause appearing, we grant the motion. The clerk shall file the amicus brief received on March 20, 2006. If deemed necessary, respondent may file and serve a brief in response to the Nevada Trial Lawyers Association's amicus brief within 10 days from the date of this order. As oral argument for this appeal is scheduled for April 10, 2006, further briefing shall not be permitted and motions to supplement the record will be not considered.		06-06636
03/29/2006	Brief	Filed Amicus Brief. Amicus Curiae Brief of the Nevada Trail Lawyers Association in Support of Position fo Appellant.		06-05859
03/30/2006	Brief	Filed Reply Brief. Respondent's Sur-Reply Brief.		06-06745
03/30/2006	Appendix	Filed Appendix to Reply Brief. Respondent's Appendix to Respondent's Sur-Reply Brief.		06-06746
04/05/2006	Brief	Filed Answering Brief. Respondent's Brief in Response to NTLA Amicus Brief.		06-07212
04/10/2006	Case Status Update	Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH
11/02/2006	Order/Procedural	Filed Order. Consolidating Appeals and Submitting Cases for Decision to the En Banc Court. We elect to consolidate the appeals for disposition. Docket Nos. 44823 and 45331 were submitted for decision to the Southern Nevada Panel. We have determined that en banc consideration of these appeals is warranted. These appeals shall stand submitted for decision without oral argument to the En Banc Court as of the date of this order on the briefs filed herein. fn1[Oral argument in Docket No. 44823 was held on April 10, 2006, before the Southern Nevada Panel.] Nos. 44458/44823/45331/45405. (06-22367)
11/02/2006	Case Status Update	Resubmitted for Decision. To the En Banc Court. EN BANC. Nos. 44458/44823/45331/45405.
12/28/2006	Opinion/Dispositional	Filed Authored Opinion. These are consolidated appeals. Vacated and remanded (Docket Nos. 44458 and 44823); affirmed and remanded (Docket Nos. 45331 and 45405); attorney Phillip Emerson referred to the State Bar of Nevada. "Vacated and remanded." We refer attorney Phillip Emerson to the State Bar of Nevada, in all four cases, for disciplinary proceedings. Before the Court EN BANC. Author: Hardesty, J. We concur: Rose, C.J., Becker, Maupin, Gibbons and Douglas, JJ. Parraguirre, J., concurring in part and dissenting in part. 122 Nev. Adv. Opn. No. 115. EN BANC. Nos. 44458/44823/45331/45405. 1/17/08 Opinion vacated on rehearing. See 123 Nev. Adv. Opn. No. 1 (Jan. 17, 2008). ('We conclude en banc rehearing is warranted in part. We therefore grant the petition in part, vacate our prior opinion in this matter, and issue this opinion in its place.') Nos. 44458/44823/45331/45405.		06-26559
12/28/2006	Notice/Outgoing	Issued Letter. to Rob Bare, bar counsel, with a copy of the opinion filed today noting that on page 34 of the opinion this court refers attorney Phillip Emerson to the State Bar for disciplinary proceedings. Nos. 44458/44823/45331/45405.
12/29/2006	Motion	Filed Motion to Extend Time. Nos. 44458/44823/45331/45405 [06-26674]
01/05/2007	Order/Procedural	Filed Order Granting Motion. filed 12/29/06. Appellants Castro and Seasholtz and respondents Wilson and Knippenberg shall have until January 25, 2007, to file and serve their petitions for rehearing. Nos. 44458/44823/45331/45405 (07-00328).
01/25/2007	Motion	Filed Motion for Excess Pages. Motion for Permission to File Petition for Rehearing in Excess of Ten Pages. Nos. 44458/44823/45331/45405 [07-02061]
01/25/2007	Post-Judgment Petition	Received Petition for Rehearing. Nos. 44458/44823/45331/45405 [07-02063]
01/31/2007	Motion	Filed Motion. Motion to Supplement Petition for Rehearing. Nos. 44458/44823/45331/45405. [07-02555]
01/31/2007	Post-Judgment Petition	Received Supplement to Petition for Rehearing. Nos. 44458/44823/45331/45405. [07-02559]
02/07/2007	Motion	Filed Response to Motion. Opposition of Tiffany Lang, Individually and as Guardian Ad Litem of Alicia P. Lang, a Minor, and Joesph Lang Individually to Respondent's Request for Permission to File Petition for Rehearing in Excess of Ten Pages. Nos. 44458/44823/45331/45405 (07-03060).
03/13/2007	Order/Procedural	Filed Order Granting Motion. These are consolidated appeals. The clerk shall file the 23-page petition for rehearing received on January 25, 2007. The clerk shall file the supplement to the petition for rehearing received on January 31, 2007. We advise the parties that in resolving the rehearing petition, this court will disregard any arguments improperly included in the petition and supplement. Nos. 44458/44823/45331/45405. (07-05909)
03/13/2007	Post-Judgment Petition	Filed Petition for Rehearing. Nos. 44458/44823/45331/45405. (07-02063)
03/13/2007	Post-Judgment Petition	Filed Supplement to Petition for Rehearing. Nos. 44458/44823/45331/45405. (07-02559)
05/09/2007	Order/Procedural	Filed Order. Directing Answer to Petition for Rehearing and Requesting Amici Curiae Participation. These are consolidated appeals. Appellants Luis Castro and James Seasholtz, and respondents Dana S. and Morry Cohen, John C. Wilson, and Jennifer Knippenberg (collectively defendants) have petitioned for rehearing. Appellant Gregory J. Lioce shall have 30 days to file an answer to the rehearing petition. Respondents Vanessa and Sylvia Cabrera and Lindsay Wheeler shall have 30 days to file an answer. We request that the Nevada Trial Lawyers Association (NTLA) and the Nevada Association of Defense Counsel (NADC) participate in these rehearing proceedings as amici curiae. We direct defendants to serve the NTLA and NADC with the rehearing petition and its supplement and provide proof of service to this court within 10 days of the date of this order. The NTLA and NADC, should they agree to participate as amici curiae, shall each file and serve their answers within 30 days after being served with the rehearing petition and supplement. Defendants shall have 15 days thereafter to file and serve any reply. Nos. 44458/44823/45331/45405. (07-10263)
05/16/2007	Notice/Incoming	Filed Proof of Service. Affidavit of Mailing. Nos. 44458/44823/45331/45405 (07-10883)
05/23/2007	Letter/Incoming	Filed Letter. from attorney Robert Jensen, President of NTLA, stating that they will be filing an amicus brief in response to this court's 5/9/07 order. Nos. 44458/44823/45331/45405
06/04/2007	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Respondent Lindsay Wheeler's Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405. [07-12189]
06/07/2007	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Answer of Vanessa Cabrera and Sylvia Cabrera, as a Natural Parent and Legal Guardian of Gabriel Cabrera, a Minor, and Nicholas Cabrera, a Minor to Petition for Rehearing. Nos. 44458/44823/45331/45405 (07-12511).
06/12/2007	Notice/Incoming	Filed Notice of Appearance. Robison, Belaustegui, Sharp & Low representing amicus curiae Nevada Association of Defense Counsel. Nos. 44458/44823/45331/45405 [07-12854]
06/12/2007	Motion	Filed Motion to Extend Time. Nevada Association of Defense Counsel's Motion for Enlargement of Time to File Answer to Petition for Rehearing. Nos.44485/44823/45331/45405. [07-12862]
06/13/2007	Order/Procedural	Filed Order Granting Motion. Nevada Association of Defense Counsel shall have until June 25, 2007 to file an answer to the petition for rehearing. Nos. 44458/44823/45331/45405. (07-12961)
06/15/2007	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Opposition of Gregory J. Lioce, to Respondents' Petition for Rehearing. Nos. 44458/44823/45331/45405 (07-13172).
06/18/2007	Motion	Filed Motion. for Clarification. Nos. 44458/44823/45331/45405.
06/19/2007	Motion	Filed Motion. Motion to Clarify and Determine Due Date for Reply. Nos. 44458/44823/45331/45405 (07-13328).
06/19/2007	Notice/Incoming	Filed Errata. Errata regarding Motion to Clarify and Determine Due Date for Reply. Nos. 44458/44823/45331/45405. (07-13346)
06/25/2007	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Nevada Association of Defense Counsel's Amicus Curiae Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405. (07-13872)
07/03/2007	Motion	Filed Motion to Extend Time. Nevada Trial Lawyers Association, Amicus Curiae Motion for Extension of Time Under NRAP 26. Nos. 44458/44823/45331/45405 (07-14569).
07/03/2007	Brief	Received Amicus Brief. Nevada Trial Lawyers Association, Amicus Curiae Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405 (07-14571). FILED PER ORDER OF 7/9/07.
07/06/2007	Motion	Filed Response to Motion. Opposition to NTLA's Motion for Extension of Time. Nos. 44458/44823/45331/45405 (07-14842).
07/06/2007	Motion	Filed Motion. Supplement to Motion to Clarify and Determine Due Date for Reply. Nos. 44458/44823/45331/45405 (07-14845).
07/09/2007	Order/Procedural	Filed Order Granting Motion. We grant the Cohens' motion, and we clarify that the defendants petitioning for rehearing include only Wilson, Knippenberg, Castro, and Seasholtz. Since all requested answers have now been received, we grant the petitioning defendants motion for clarification, and clarify that the petitioning defendants may collectively file one reply, which must be filed and served no later than July 31, 2007. Fn2 [ In granting the petitioning defendants' request for clarification, we have considered both their motion for clarification and the supplement thereto.] Fn3 [. . .We grant the NTLA's motion, and direct the clerk of this court to file the NTLA's answer, provisionally received in this court on July 3, 2007. To the extent that Knippenburg requests to be included in the petitioning defendants' request to file a single reply, that request is denied.] Nos. 44458/44823/45331/45405. (07-14863).
07/09/2007	Brief	Filed Amicus Brief. Nevada Trial Lawyers Association, Amicus Curiae Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405 (07-14571).
07/30/2007	Post-Judgment Petition	Filed Reply to Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405 (07-16695).
01/17/2008	Opinion/Dispositional	Filed Authored Opinion. "Rehearing granted in part; former opinion vacated on rehearing; vacated and remanded (Docket Nos. 44458 and 44823); affirmed (Docket Nos. 45331 and 45405)." Before the Court EN BANC. Author: Hardesty, James W. Majority: Hardesty/ Gibbons/ Douglas/ Cherry. Concur/Dissent: Parraguirre/Maupin. 124 Nev. Adv. Opn. No. 1. EN BANC. We conclude en banc rehearing is warranted in part. We therefore grant the petition in part, vacate our prior opinion in this matter, and issue this opinion in its place. Fn1 [The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] Nos. 44458/44823/45331/45405.		08-01315
02/12/2008	Remittitur	Issued Remittitur.		08-02365
02/12/2008	Case Status Update	Remittitur Issued/Case Closed.
02/19/2008	Notice/Outgoing	Issued Letter. to publishers Daily Journal, Versuslaw and West Group regardign correction to opinion filed 1/17/08. Nos. 44458/44823/45331/45405 [08-03948]
02/19/2008	Remittitur	Filed Remittitur. Received by County Clerk on February 13, 2008.		08-02365