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United States Court Cases

Nevada Supreme/Appellate Court Record

LANDMARK HOMES VS. SIERRA GATEWAY VENTURES C/W 45951

Case Information: 46442
Short Caption:LANDMARK HOMES VS. SIERRA GATEWAY VENTURES C/W 45951Court:Supreme Court
Consolidated: 45951 *, 46442Related Case(s): 45792 , 45951
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0304778Classification:Civil Appeal - General - Other
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/22/2005 / Gang, LeonardSP Status:Completed
Oral Argument:05/08/2007 at 9:00 AMOral Argument Location:Carson City
Submission Date:05/08/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/20/2005OtherDisqualification of Justice Hardesty. Participated in district court proceedings.
12/20/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lemons Grundy & Eisenberg--check no. 11880.
12/20/2005Notice 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.) 05-24707
12/22/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Leonard I. Gang . (Briefing and preparation of transcripts suspended pending further order of this court.)
12/30/2005Docketing StatementFiled Docketing Statement. 05-25466
01/27/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 45951/46442-cases are not consolidated. 06-02096
02/07/2006Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant/cross-respondents (appellants) and respondents/cross-appellants (respondents): shall each have15 days to comply with NRAP 9(a). Appellants: 90 days to file and serve opening brief and appendix. fn1[Appellant/cross - respondent, John C. Serpa, is only a party in No. 45951. Mr. Serpa should only address the issues in that appeal in his opening brief.] fn2[Because appellant/cross-respondent, John C. Serpa, is only a part in No. 45951, Mr. Serpa shll only file a reply brief on appeal, not a combined reply brief on appeal and answering brief on cross-appeal.] Nos. 45951/46442. (06-02679)
02/24/2006Transcript RequestFiled Certificate of No Transcript Request. Appellants/Cross-Respondents Landmark Homes, Santerra, LLC, Bawden & Borrego. Nos. 45951/46442 (06-04154).
03/02/2006Notice/OutgoingIssued Notice to Request Transcripts. Appellant/Cross-Respondent Serpa and Respondents/Cross-Appellants. Nos. 45951/46442
03/03/2006Transcript RequestFiled Certificate of No Transcript Request. Nos. 45951/46442 (06-04841).
03/07/2006Transcript RequestFiled Certificate of No Transcript Request. Respondents'/Cross-Appellants' Certification Pursuant to NRAP 9(a). Nos. 45951/46442. (06-05002)
04/05/2006Order/ProceduralFiled Order. Appellants and cross-appellants shall have 20 days from the date of this order to show cause why these appeals and this cross-appeal should not be dismissed for lack of jurisdiction. Any replies may be filed within 10 days from the date when the responses are served. Briefing and the preparation of transcripts shall be suspended until further order of this court. fn5[We defer ruling on the motion renewed on February 1, 2006 and the motion filed on December 19, 2005.] Nos. 45951/46442. (06-07094)
04/25/2006MotionFiled Response to Order to Show Cause. Regarding Jurisdiction. Nos. 45951/46442 (06-08667).
04/25/2006MotionFiled Response to Order to Show Cause. Appellant John Serpa's Response to Order to Show Cause. Nos. 45951/46442. (06-08697)
04/25/2006MotionFiled Response to Order to Show Cause. Respondents/Cross-Appellant's Response to Order to Show Cause. Nos. 45951/46442. (06-08698)
05/05/2006MotionFiled Reply to Response. Appellant John Serpa's Reply Regarding Order to Show Cause. Nos. 45951/46442. (06-09440)
05/05/2006MotionFiled Reply to Response. Respondent/Cross-Appellant's Reply to Landmark and Serpa's Responses to Order to Show Cause. Nos. 45951/46442 (06-09510).
05/08/2006MotionFiled Response to Order to Show Cause. Appellant's Reply Regarding Order to Show Cause (Landmark; Santerra; Bawden; and Borrefo). Nos. 45951/46442 (06-09643).
05/15/2006MotionFiled Motion. Respondents' Request for Judicial Notice. Nos. 45951/46442 (06-10196).
05/19/2006Order/ProceduralFiled Order/Show Cause. Serpa and cross-appellants due: 15 days. We caution the parties that failure to demonstrate that this court has jurisdiction may result in this court's dismissal of Serpa's appeal and the cross-appeal with respect to Serpa. Any replies may be filed within five days from the date that a response is served. The briefing schedule in this appeal shall remain suspended pending further order of this court. Nos. 45951/46442 (06-10545).
05/31/2006MotionFiled Response to Order to Show Cause. Appellant John Serpa. Nos. 45951/46442 (06-11389).
06/05/2006MotionFiled Response to Order to Show Cause. Cross-Appellants' Response to Court's May 19, 2006 Order to Show Cause. Nos. 45951/46442 (06-11740).
06/08/2006Order/ProceduralFiled Order Granting Motion. to Reduce Supersedeas Bond. We grant appellants' motion to reduce the supersedeas bond amount by $10,620,000, and vacate our temporary stay in this matter Appellants shall have 15 days from the date of this order to obtain an appropriate bond, post that bond with the district court, and provide this court with proof that the bond has been posted with the district court. We deny appellants' motion for leave to file a reply to respondents' opposition. fn14[We defer ruling on the pending jurisdictional issues and respondents' request for judicial notice pending our receipt and consideration of responses to our May 19, 2006 order to show cause.] Nos. 45951/46442. (06-12012)
06/23/2006MotionFiled Response to Order to Show Cause. Nos. 45951/46442 (06-13120).
07/10/2006Order/ProceduralFiled Order. Order Dismissing Cross-Appeal and Partially Dismissing Appeal in Docket No. 45951, and Reinstating Briefing on an Expedited Basis. Serpa's appeal in Docket No. 45951 is dismissed. fn1[We grant respondents May 15, 2006 request for judicial notice. We take judicial notice of the district court's May 9, 2006 order granting respondents motion to dismiss based on the stipulation and proposed order.] We deny appellants' February 1, 2006 renewed motion, filed in Docket No. 45951, to the extent that it seeks dismissal of the cross-appeal based on a 'without' prejudice designation. fn3[The motion is denied as moot in all other respects.] We dismiss the cross-appeal in Docket No. 45951 in its entirety. Briefing in these appeals shall be reinstated on an expedited basis. Opening brief and appendix due: 30 days. Respondents: 30 days after service of appellants' opening brief to file answering brief. After service of respondents brief, appellants shall have 20 days to file reply brief. No extensions of the briefing schedule shall be granted absent extreme and unforeseeable circumstances. We conclude that this matter should be resolved by the full court. Upon completion of briefing, the clerk shall set the appeal for a sixty-minute argument on the next available en banc oral argument calendar. Nos. 45951/ 46442 (06-14119).
08/09/2006MotionFiled Motion for Excess Pages. 62 pages. Nos. 45951/46442 (06-16565).
08/09/2006BriefReceived Opening Brief. Nos. 45951/46442 (06-16566)
08/09/2006AppendixReceived Appendix to Opening Brief. Vold. 1 through 27. Nos. 45951/46442 (06-16567).
08/16/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the 62-page opening brief and the appendix received on August 9, 2006. Answering brief due; 30 days. Nos. 45951/46442. (06-17042)
08/16/2006BriefFiled Opening Brief. Nos. 45951/46442. (06-16566)
08/16/2006AppendixFiled Appendix to Opening Brief. Volumes 1 through 27. Nos. 45951/46442. (06-16567)
09/11/2006MotionFiled Motion for Excess Pages. Nos. 45951/46442 (06-18764).
09/11/2006BriefReceived Answering Brief. Nos. 45951/46442 (06-18768).
09/13/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the answering brief received on September 11, 2006. Reply Brief due: 30 days. Nos. 45951/46442. (06-18851)
09/13/2006BriefFiled Answering Brief. Nos. 45951/46442. (06-18768)
10/13/2006MotionFiled Motion and Order/Excess Pages. Granted: 50 pages (Reply Brief). Nos. 45951/46442 (06-21166).
10/13/2006BriefFiled Reply Brief. Nos. 45951/46442 (06-21169).
02/01/2007Letter/IncomingFiled Letter. from attorney Robert Eisenberg requesting that oral argument be set for April or May. Nos. 45951/46442 [07-02570]
03/20/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on May 8, 2007, at 9:00 a.m. (En Banc) (Nos. 45951/46442) 07-06346
04/20/2007BriefFiled Supplemental Authorities. Appellant's Supplemental Memorandum of Authorities (Oral Argument: may 8, 2007). Nos. 45951/46442 (07-08901).
04/23/2007Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 45951/46442 07-08957
05/08/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 45951/46442
06/25/2007Notice/OutgoingIssued Letter. to Governor Jim Gibbons requesting an executive order to Judge Allan R. Earl to sit in place of Justice Hardesty. Nos. 45951/46442. [07-13882]
06/27/2007Order/IncomingFiled Executive Order. District Judge Alan R. Earl appointed to sit in the place of Justice James Hardesty. Nos. 45951/46442 [07-14073]
09/18/2007Order/DispositionalFiled Order of Reversal and Remand. "ORDER the judgments of the district court REVERSED AND REMANDED for proceedings consistent with this Order. Fn19 [The Honorable Allan E. Earl, Judge of the Eighth Judicial District Court." EN BANC-WM/MG/RP/MD/MC/NS/AE. Nos. 45951/46442. 07-20596
10/16/2007RemittiturIssued Remittitur. 07-20648
10/16/2007Case Status Update Remittitur Issued/Case Closed.
10/22/2007RemittiturFiled Remittitur. Received by County Clerk on October 18, 2007. 07-20648