02/05/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Designation of Transcript of Proceedings. Transcripts requested: 11/15/02, 01/06/03, 01/07/03, 01/15/03, 01/17/03, 01/28/03, 01/31/03, 02/01/03, 02/03/03,02/04/03, 02/04/03, 02/05/03, 04/14/03, 06/13/03 (7), 06/27/03, 08/11/03, 01/08/03, 01/16/03, 01/21/03, 01/24/03, 01/27/03. To Court Reporter: Litigation Services. | | 04-02312 |
12/30/2004 | Order/Dispositional | Filed Order to Administratively Close Docket. Order Administratively Closing docket No. 42691 and Resolving Procedural Motions in docket Nos. 41611 and 41768. The consolidated appeals in Docket Nos. 41611 and 41768 challenge various interlocutory orders in a construction defect action. The appeal and cross-appeal in Docket No. 42691 challenge the final judgment in that action entered on January 9, 2004. On December 17, 2004, the clerk of this court filed the notices of appeal that had initially been filed in Docket No. 42691 in Docket Nos. 41611 and 41768. As briefing on the final judgment and the interlocutory orders has transpired exclusively in Docket Nos. 41611 and 41768, we conclude that the interests of judicial economy are served by administratively closing Docket No. 42691 and considering the parties' challenges to the final judgment and interlocutory orders in the context of Docket Nos. 41611 and 41768. "We direct the clerk of this court to administratively close Docket No. 42691." fn1[The request for transcripts filed in Docket No. 42691 need not be transferred to Docket Nos. 41611 and 41786, as the request was already made in those Docket Nos.] The closure of Docket No. 42691 renders the motion filed by Darwin Schuette, Marc Floyd and Dianna Todd (Schuette) to consolidate Docket Nos. 41611 and 41768 with Docket No. 42691 moot; therefore, we deny the motion. We also deny as moot Schuette's 'Motion to Retain Current Docket Status and Briefing Schedule,' which essentially questioned whether the notices of appeal from the final judgment should have been filed in Docket Nos. 41611 and 41768, rather than Docket No. 42691. Various procedural motions currently pending in Docket Nos. 41611 and 41768 are not affected, however, by the administrative closure of Docket No. 42691. On April 5, 2004, Southern Nevada Homebuilders, Inc. and Nevada Subcontractors Association (collectively SNH) filed a motion for leave to file an amicus brief. On April 29, 2004, the Nevada Trial Lawyers Association (NTLA) also sought leave to file an amicus brief. We grant the motions for leave to participate as amici curiae, and we direct the clerk of this court to file SNH's and NTLA's briefs, provisionally received on April 2, 2004, and April 29, 2004, respectively. On January 22, February 23, March 25, April 23, June 1, July 6 and August 4, 2004, Beazer Homes Holdings Corporation and Beazer Homes Nevada, Inc., (collectively Beazer) moved this court to extend various briefing deadlines in Docket Nos. 41611 and 41768. Schuette filed three oppositions to the extension motions and requested 'an appropriate sanction.' We deny Schuette's motion for sanctions, and we grant Beazer's motions for extensions of time. We also grant Beazer's motions to exceed NRAP 28(g)'s thirty page limit in the opening and reply brief in Docket No. 41768; and we grant Schuette's motion to exceed the page limit in its answering brief in Docket No. 41768. The clerk of this court shall file the appendix and Beazer's opening brief, provisionally received in Docket No. 41768 on March 29 and March 31, 2004, respectively; Beazer's answering brief, provisionally received in Docket No. 41611 on May 3, 2004; and Beazer's reply brief, provisionally received in Docket No. 41768 on September 7, 2004. The clerk shall also file Schuette's reply brief and supplemental appendix, provisionally received in Docket No. 41611 on May 21, 2004; and Schuette's answering brief and appendix, provisionally received in Docket No. 41768 on May 3, 2004. Nos. 41611/41768/42691 (Nos. 41611 and 41768 are consolidated). | | 04-23713 |