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United States Court Cases

Nevada Supreme/Appellate Court Record

SCHUETTE VS. BEAZER HOMES

Case Information: 42691
Short Caption:SCHUETTE VS. BEAZER HOMESCourt:Supreme Court
Related Case(s): 39810 , 39822 , 40300 , 41611 , 41768 , 48980
Lower Court Case(s):Clark Co. - Eighth Judicial District - A418011
Clark Co. - Eighth Judicial District - A444787
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/23/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Beckley Singleton--check no. 101619.
01/23/2004Notice 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.) 04-01428
02/02/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Robert C. Maddox & Associates--check no. 5956.
02/02/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 04-02092
02/02/2004Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
02/04/2004Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days.
02/05/2004Transcript RequestFiled 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
02/06/2004MotionFiled Motion. Motion to Retain Current Docket Status and Briefing Schedule. Nos. 41611/41768 - consolidated and 42691. 04-02523
02/09/2004MotionFiled Motion. Motion to Consolidate Appeals and to Incorporate Docketing Statement Previously filed on July 11, 2003 and/or in the Alternative for an Extension of Time to File the Docketing Statement to February 17, 2004. Nos. 41611/41768 - consolidated and 42691. 04-02532
12/30/2004Order/DispositionalFiled 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
12/30/2004Case Status Update Case Closed. No remittitur issued.