| Case Information: 44653 | |||
| Short Caption: | BIVINS CONST. VS. DIST. CT. (CAMMISA) | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A471264 | Classification: | Original Proceeding - Civil - Mandamus |
| Disqualifications: | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| Party Information | ||
| Role | Party Name | Represented By |
| Petitioner | Bivins Construction Co., Inc. | Jeffery A. Garofalo (Lee & Russell) James W. Pengilly (Former) (Lorber, Greenfield & Polito, LLP) Pengilly Law Firm Craig D. Slater (Former) (Lorber, Greenfield & Polito, LLP) |
| Real Party in Interest | All Purpose of Las Vegas, Inc. | Mark B. Schellerup (Messner Reeves LLP) |
| Real Party in Interest | Bradley Window Corporation | Carrie E Hurtik (Perlstein, Stewart & Hurtik) |
| Real Party in Interest | Carl's Air Conditioning & Sheet Metal | Carrie E Hurtik (Perlstein, Stewart & Hurtik) |
| Real Party in Interest | Cedar Roofing, Inc. | Nicholas B. Salerno (Lincoln, Gustafson & Cercos) |
| Real Party in Interest | Classic Door & Trim Company, Inc. | Norman A. Ryan (Ryan, Marks, Johnson & Todd) |
| Real Party in Interest | Curtis Sullivan | Robert C. Maddox (Robert C. Maddox & Associates/Las Vegas) |
| Real Party in Interest | Gilmore & Martin Construction, Inc. | Bret W. Eubank |
| Real Party in Interest | GMS Concrete, Inc. | Michael Van |
| Real Party in Interest | James Campbell | Robert C. Maddox (Robert C. Maddox & Associates/Las Vegas) |
| Real Party in Interest | Peterson Plastering, Inc. | Kevin A. Brown (Thagard & Brown, LLP) |
| Real Party in Interest | Pioneer Plumbing, Inc. | Mark J. McGannon (Dickinson Wright PLLC) |
| Real Party in Interest | Rocky Top Construction, Inc. | Theodore Parker (Parker Nelson & Arin, Chtd.) |
| Real Party in Interest | Ronnie Cammisa | Robert C. Maddox (Robert C. Maddox & Associates/Las Vegas) |
| Real Party in Interest | Sears Roebuck and Company | Patricia Lee (Hutchison & Steffen, LLC/Las Vegas) |
| Real Party in Interest | Solar Industries, Inc. | |
| Real Party in Interest | Southern Electric, Inc. | Marsha L. Stephenson (Stephenson & Dickinson, P.C.) |
| Real Party in Interest | Southern Nevada Cabinets, Inc. | Debra M. Turner (Law Office of Vicki L. Driscoll) |
| Real Party in Interest | Terry Jackson | Robert C. Maddox (Robert C. Maddox & Associates/Las Vegas) |
| Real Party in Interest | The Roofing Co. | Nicholas B. Salerno (Lincoln, Gustafson & Cercos) |
| Respondent | The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark | |
| Respondent | The Honorable Michael Cherry, District Judge | |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 02/08/2005 | Filing Fee | Filing Fee due. | ||
| 02/08/2005 | Petition/Writ | Filed Petition for Writ of Mandamus. | 05-02573 | |
| 02/10/2005 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Lorber firm - check no. 33591. | ||
| 02/10/2005 | Notice/Incoming | Filed Proof of Service. Petition for Writ of Mandamus (Judge Cherry personally served with Petition. Real Parties in Interest served electronically). | 05-02722 | |
| 02/10/2005 | Notice/Outgoing | Issued Notice to Provide Proof of Service. Amended Certificate of Service for Petition of Mandamus. Due date: 10 days. | ||
| 02/18/2005 | Notice/Incoming | Filed Proof of Service. Petition for Writ. | 05-03358 | |
| 02/18/2005 | Notice/Incoming | Filed Affidavit. Affidavit of Service. | 05-03359 | |
| 02/22/2005 | Order/Procedural | Filed Order/Answer Writ Petition. The real parties in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. | 05-03426 | |
| 03/02/2005 | Notice/Incoming | Filed Notice of Appearance. Pengilly Law Firm as co-counsel for petitioner. | 05-04088 | |
| 03/14/2005 | Motion | Filed Motion to Extend Time. Motion for an Extension of Time to File an Answer to the Writ of Mandamus to May 23, 2005. | 05-05038 | |
| 03/21/2005 | Motion | Filed Response to Motion. | 05-05517 | |
| 04/08/2005 | Order/Procedural | Filed Order/Motion Granted in Part. As the real parties in interest's answer was due on March 24, 2005, we grant them 20 days from the date of this order to file their answer. No further extensions shall be granted absent extreme and unforeseeable circumstances. | 05-06974 | |
| 04/25/2005 | Petition/Writ | Filed Answer to Petition for Writ. Answer of Homeowners Real Parties in Interest to Petition for Writ of Mandamus. | 05-08154 | |
| 04/25/2005 | Notice/Incoming | Filed Proof of Service. Addendum to Certificate of Mailing on Answer of Homeowners Real Parties in Interest to Petition for Writ of Mandamus. | 05-08156 | |
| 12/06/2005 | Notice/Incoming | Filed Notice of Change of Address. Pengilly Law Firm. | 05-23791 | |
| 04/17/2006 | Order/Dispositional | Filed Order Granting Petition. Granting Petition for Writ of Mandamus. "We grant the petition." The clerk shall issue a writ of mandamus. SNP06-WM/MG/JH | 06-07954 | |
| 04/17/2006 | Writ | Issued Writ. Original and one copy of writ and copy of order mailed to Craig D. Slater for service upon Judge Michael A. Cherry. | 06-07986 | |
| 05/16/2006 | Remittitur | Issued Notice in Lieu of Remittitur. | 06-08271 | |
| 05/16/2006 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 05/30/2006 | Writ | Filed Writ. Served on Judge Michael A. Cherry on May 11, 1006. | 06-07986 | |