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United States Court Cases

Nevada Supreme/Appellate Court Record

BERO-WACHS VS. LAW OFFICE OF LOGAR AND PULVER C/W 46865

Case Information: 44488
Short Caption:BERO-WACHS VS. LAW OFFICE OF LOGAR AND PULVER C/W 46865Court:Supreme Court
Consolidated:44488*, 46865 Related Case(s): 38465 , 46865
Lower Court Case(s):Washoe Co. - Second Judicial District - DV0001949Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:01/14/2005 / Worrell, CarolynSP Status:Completed
Oral Argument:01/08/2007 at 1:30 PMOral Argument Location:Carson City
Submission Date:01/08/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/12/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from William M. O'Mara - check no. 4853.
01/12/2005Notice 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.) 05-00628
01/14/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/21/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Ronald J. Logar--check no. 10216.
01/21/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 05-01415
01/25/2005Notice/Outgoing Letter. Carolyn Worrell. (notice of cross-appeal)
01/28/2005Other Returned Unfiled Document.
02/07/2005Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 05-02434
02/07/2005Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 05-02445
02/08/2005Notice/IncomingFiled Proof of Service. of Docketing Statement on parties and settlement judge. 05-02575
03/10/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-04813
03/16/2005Order/ProceduralFiled Order/Briefing Schedule. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. See NRAP 16(c). Appellant/cross-respondent (appellant) and respondent/cross-appellant (respondent) shall each have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a). See also NRAP 10(b) and 30(b)(1). Further, appellant shall have 90 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 30 days from service of appellant's opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 30 days from service of respondent's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, respondent shall have 30 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. See NRAP 31(a)(1); NRAP 28(h) and (c). In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. 05-05165
03/30/2005Transcript RequestFiled Request for Transcript of Proceedings. 05-06238
04/01/2005Transcript RequestFiled Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: 08/14/02, 08/15/02, 08/16/02, 08/19/02, 07/26/04, and 09/16/04. To Court Reporter: Linda Shaw. 05-06467
04/05/2005Transcript RequestFiled Request for Transcript of Proceedings. Respondent/Cross-Appellant. Transcripts requested: 12/01/04, 07/26/04, 09/14/04, and 03/28/05. To Court Reporter: Molezzo Reporters. 05-06624
05/02/2005MotionFiled Motion. Motion to Dismiss Lienholder's Appeal for Lack of Jurisdiction and Motion for Costs, Including an Award for Attorney's Fees. 05-08591
05/06/2005MotionFiled Stipulation. Stipulation for Enlargement of Time to Respond to Motion. 05-08950
05/23/2005Other Other. Filed Response to Motion to Dismiss Lienholder's Appeal for Lack of Jurisdiction; Cross-Motion to Dismiss Appellant's Appeal for Lack of Jurisdiction; Motion to Treat Appeal and Cross-Appeal as Extraordinary Writ Petition, with Directions; and Opposition to Motion for Costs/Attorney's Fees. 05-10076
06/08/2005MotionFiled Response to Motion. Response to Law Office's Cross-Motion to Dismiss Appellant's Appeal for Lack of Jurisdiction and Motion to Treat Appeal and Cross Appeal as Extraordinary Writ Petition, with Directions. 05-11312
06/08/2005MotionFiled Motion. Motion for Leave to File Reply Brief to Law Office's Response to Motion to Dismiss Lienholder's Appeal for Lack of Jurisdiction and Opposition to Motion for Costs, Including an Award for Attorney's Fees. 05-11313
06/14/2005MotionFiled Stipulation and Order. Brief due: July 11, 2005. 05-11691
06/15/2005MotionFiled Response to Motion. Response to Motion for Leave to File Reply Brief. 05-11780
06/17/2005Notice/IncomingFiled Proof of Service. Response to Motion for Leave to File Reply Brief. 05-11987
07/06/2005Order/ProceduralFiled Order. Resolving Motions. This is an appeal and cross-appeal from a district court order adjudicating an attorney's lien. Appellant has moved to dismiss the cross-appeal, asserting that as counsel for a party, cross-appellant is not a party that can appeal. Cross-appellant concedes that it may not appeal. We therefore dismiss the cross-appeal. We deny cross-appellant's motion to dismiss the appeal. We also deny appellant's motion for costs, attorney fees, and sanctions. We grant appellant's motion for leave to file a reply, and direct the clerk to file the reply received on June 8, 2005. Fn1 [We direct the clerk to conform the caption on this court's docket with the caption on this order.] Fn2 [We deny cross-appellant's motion to construe his cross-appeal as a writ petition. A writ petition must satisfy several procedural requirements that have not been met by cross-appellant. See NRAP 21(a). Cross-appellant is free to file a writ petition and to move for its consolidation with this appeal.] 05-13378
07/06/2005MotionFiled Reply to Response. Reply Motion to Law Office's Response to Motion to Dismiss Lienholder's Appeal for Lack of Jurisdiction and Opposition to Motion for Costs/Attorney's Fees. 05-11315
07/12/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 11. 05-13793
07/12/2005Letter/IncomingFiled Letter. from Attorney William M. O'Mara regarding transcripts included in the appendix. 05-13795
07/13/2005BriefFiled Opening Brief. 05-13970
07/14/2005Notice/IncomingFiled Proof of Service. Certificate of Service of Appellant's Reply Motion to Law Office's Response to Motion to Dismiss Lienholder's Appeal for Lack of Jurisdiction and Opposition to Motion for Costs/Attorneys Fees. 05-14066
08/16/2005MotionFiled Stipulation and Order. Brief due: September 15, 2005. 05-16249
09/16/2005MotionFiled Motion to Extend Time. (second request) 05-18450
09/16/2005Notice/IncomingFiled Notice of Association of Counsel. Richard F. Cornell as co-counsel on appeal for Respondent. 05-18503
11/15/2005BriefReceived Answering Brief. Respondent/Cross-Appellant. 05-22495
11/21/2005Order/ProceduralFiled Order. Regarding Transcripts and Extending Time to File Answering Brief. Molezzo Reporters: 20 days to file 7/20/04 and 9/14/04 transcripts; Linda Shaw: 20 days to file 9/16/04 transcript. The clerk shall file the answering brief received on November 15, 2005. Reply brief due: 30 days. 05-22870
11/21/2005BriefFiled Answering Brief. 05-22495
12/09/2005MotionFiled Response to Order to Show Cause. Response to Order Regarding Transcript. 05-24127
12/12/2005Transcript RequestFiled Request for Transcript of Proceedings. (Amended) Transcripts requested: 07/26/04, 09/14/04, and 12/01/04. To Court Reporter: Molezzo Court Reporters. 05-24258
12/13/2005Other Returned Mail. Order filed 11/21/05 addressed to Linda Shaw (Court Reporter) remailed to corrected address.
12/13/2005TranscriptFiled Transcript. Proceedings: 12/01/04. Court Reporter: Romona Malnerich. 05-24336
12/19/2005MotionFiled Stipulation and Order. Brief due: January 15, 2006. 05-24631
12/20/2005TranscriptFiled Transcript. Proceedings: 07/26/04, 09/14/04. Court Reporter: Debora Ann Kreidler. 05-24802
01/13/2006MotionFiled Motion to Extend Time. Submitted by attorney William O'Mara. 06-01012
01/13/2006TranscriptReceived Transcript. Transcripts: 07/26/04 and 09/14/04. Court Reporter: Sunshine Reporting Services. 06-01014
01/18/2006BriefFiled Reply Brief. Appellant/Cross-Respondent. 06-01257
01/18/2006AppendixFiled Appendix to Reply Brief. Appellant/Cross-Respondent. 06-01258
01/18/2006MotionFiled Motion to Strike. Appellant/Cross-Respondent. 06-01259
01/18/2006MotionFiled Motion to Strike. Appellant/Cross-Respondent. 06-01260
01/31/2006MotionFiled Response to Motion. Response to Motion to Strike (Footnote 3 of Respondents' Answering Brief.) 06-02266
01/31/2006MotionFiled Response to Motion. Opposition to Motion to Strike (Point A of Respondents' Answering Brief). 06-02267
02/23/2006Order/ProceduralFiled Order. Regarding Transcripts and Denying Motionts to Strike. No court reporter is obligated to file a September 16, 2004, transcript. The clerk shall file the transcripts submitted by Sunshine on January 13, 2006. We deny the motions to strike portions of the answering brief. 06-03965
02/23/2006TranscriptFiled Transcript. Transcripts: 07/26/04 and 09/14/04. Court Reporter: Sunshine Reporting Services. (Filed per 02/23/06 order.) 06-01014
02/27/2006Case Status Update Briefing Completed. No (cross-appeal) reply brief filed.
03/03/2006MotionFiled Motion to Consolidate. Motion to Consolidate Actions; Motion for Permission to file Abbreviated Petitioners' Appendix. Nos. 44488/46865-cases are not consolidated. 06-04832
03/15/2006Other Other. Filed Opposition to Petitioner's Motion to Consolidate Actions; Motion for Permission to File Abbreviated Petitioner's Appendix. Nos. 44488/46865 - not consolidated. 06-05608
03/20/2006MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Opposition and Reply to Opposition to Petitioners' Motion to Consolidate Actions. Nos. 46865/44488 (06-05855).
03/28/2006Order/ProceduralFiled Order Granting Motion. to Consolidate and Directing Answer. We consolidate these matters for all appellate purposes. fn1[We deny respondent/petitioner's motion for leave to file a reply.] The real parties in interest, on behalf of respondents, shall have 30 days to file an answer, including authorities, against issuance of the requested writ. Petitioners shall then have 20 days from service of the answer to file any reply. Nos. 44488/46865. (06-06539) 06-06539
04/26/2006MotionFiled Stipulation. Extending Time Within Which to File Response to Writ. Nos. 44488/46865. 06-08832
06/16/2006MotionFiled Motion for Stay. Motion for Stay Pending Appeal. Nos. 44488/46865. 06-12594
06/21/2006MotionFiled Motion to Dismiss Petition. Francesca Bero. (Petition in case no. 46865) Nos. 44488/46865. 06-12949
06/27/2006Petition/WritReceived Answer to Petition for Writ. Nos. 44488/46865 06-13239
06/28/2006MotionFiled Motion. Motion and Stipulation Re Extension of Time to File Responses to Motion. Nos. 44488/46865. 06-13372
07/06/2006Order/ProceduralFiled Order/Stipulation Approved. Order Approving in Part and Disapproving in part Stipulations of Extensions of Time and Denying Motion to Dismiss. We approve the stipulation to extend time for the real parties in interest in No. 46865 to file their answer to the petition. We direct the clerk to file the answer received on June 27, 2006. We approve the stipulation with respect to the motion for stay. Logar & Pulver and De Geus shall have until July 19, 2006, to file any opposition. We deny the motion to dismiss, and we disapprove the stipulation for an extension of time with respect to this motion since no opposition need be filed. fn1[The Honorable Miriam Shearing, Senior Justice, participated in the decision of this matter under a general order of assignment entered January 6, 2006.] Nos. 44488/46865. (06-13879) 06-13879
07/06/2006Petition/WritFiled Answer to Petition for Writ. Opposition to Petition for Writ of Mandamus in No. 46865. Nos. 44488 / 46865. (06-13239). 06-13239
07/24/2006MotionFiled Stipulation. Stipulation Allowing Appellant to File Table of Authorities for Opposition to Petition for Writ of Mandamus. Nos. 44448/46865 06-15319
07/24/2006Other Other. Filed Table of Authorities for Opposition to Petition for Writ of Mandamus. Nos. 44448/46865 06-15321
08/11/2006Order/ProceduralFiled Order Granting Motion. for a Stay. Any enforcement of the attorney's lien against the retirement accounts is stayed pending further order of this court. Fn3 [The Honorable Miriam Shearing, Senior Justice, participated in the decision of this matter under a general order of assignment entered January 6, 2006.] Nos. 44488/46865 (06-16731). 06-16731
08/31/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on December 4, 2006, at 2:00 p.m. (En Banc) (Nos. 44488/46865)
11/17/2006Order/ProceduralFiled Order Rescheduling Oral Argument. We vacate the oral argument presently scheduled for December 4, 2006, at 2:00 p.m., and direct the clerk to schedule these appeals for oral argument before the en banc court on January 8, 2007, at 1:30 p.m., in Carson City. Argument shall be limited to 30 minutes. Nos. 44488/46865. (06-23644) 06-23644
11/17/2006BriefFiled Supplemental Authorities. of the Law Office of Logar & Pulver, APC and Dan De Geus, C.P.A. Nos. 44488/46865. 06-23653
12/22/2006Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 44488/46865
01/08/2007BriefReceived Supplemental Authorities. of Francesca Bero. Nos. 44488/46865. FILED PER ORDER OF 1/17/07. 07-00452
01/08/2007MotionFiled Motion. Motion for Leave to File Supplemental Authorities of Francesca Bero. Nos. 44488/46865 07-00497
01/08/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 44488/46865
01/17/2007Order/ProceduralFiled Order Granting Motion. We direct the clerk to file the proposed Supplemental Authorities submitted on January 8, 2007. Respondents in Docket No. 44488 and petitioners in Docket No. 46865 shall have 10 days from the date of this order to file and serve a responsive supplemental memorandum, if they deem such a response necessary. Nos. 44488/46865. 07-01126
01/17/2007BriefFiled Supplemental Authorities. of Francesca Bero. Nos. 44488/46865. 07-00452
04/17/2007Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. 07-08594
05/03/2007Opinion/DispositionalFiled Authored Opinion. These are consolidated cases. "Affirmed in part, reversed in part and remanded." Before the Court EN BANC. Author: Douglas, J. We concur: Maupin, C.J., Gibbons, Hardesty, Parraguirre, Cherry and Saitta, JJ. 123 Nev. Adv. Opn. No. 10. EN BANC. Nos. 44488/46865. 07-09852
05/22/2007Notice/IncomingFiled Notice. Change of Law Firm Name (O'Mara). Nos. 44488/46865. 07-11287
05/22/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from O'Mara - check no. 1308. Nos. 44488/46865.
05/22/2007Post-Judgment PetitionFiled Petition for Rehearing. Nos. 44488/46865 (07-11303). 07-11303
05/22/2007Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion. Nos. 44488/46865 07-11321
07/05/2007Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 44488/46865. 07-14652
07/31/2007RemittiturIssued Remittitur. 07-16785
07/31/2007Case Status Update Remittitur Issued/Case Closed.
08/10/2007RemittiturFiled Remittitur. Received by County Clerk on August 3, 2007. 07-16785