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United States Court Cases

Nevada Supreme/Appellate Court Record

LIOCE VS. COHEN C/W 44823/45331/45405

Case Information: 44458
Short Caption:LIOCE VS. COHEN C/W 44823/45331/45405Court:Supreme Court
Consolidated:44458*, 44823 , 45331 , 45405 Related Case(s): 55238
Lower Court Case(s):Clark Co. - Eighth Judicial District - A414939Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:01/13/2005 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:11/02/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/04/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Edward S. Coleman--check no. 14840.
01/04/2005Notice 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.) 05-00167
01/06/2005Notice/OutgoingIssued Notice to Transmit Required Document. 10/5/04 Judgment upon the Verdict; 10/8/04 Notice of Entry of Order; 12/6/04 Judgment; Due Date: 10 days
01/06/2005Notice/OutgoingIssued Notice of Modification of Caption. (added Farmers Insurance Exchange as a respondent.) 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.
01/13/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/19/2005Notice of Appeal DocumentsFiled Documents from District Court Clerk. 10/05/04 Judgment; 10/08/04 NOE; and 12/06/04 Order. 05-01225
01/21/2005Notice/Outgoing Letter. Lansford W. Levitt. (district court documents)
01/28/2005Notice/IncomingFiled Notice of Change of Address. Attorney Edward S. Coleman. 05-01840
02/03/2005MotionFiled Motion to Extend Time. 05-02266
02/11/2005Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 3, 2005. The clerk shall file the docketing statement received on January 28, 2005. 05-02764
02/11/2005Docketing StatementFiled Docketing Statement. 05-01839
08/03/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-15420
08/11/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-15863
09/02/2005Notice/OutgoingIssued Notice to File Transcript Request. Due Date: 10 days.
09/14/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 05/21/03, 09/07/04, and 09/09/04. To Court Reporter: Renee Silvaggio & Julie Lever. 05-18239
09/19/2005Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcript of Proceedings. 05/21/03, 09/07/04 through 09/09/04. Transcripts requested: To Court Reporter: Renee Silvaggio/Julie Lever. 05-18565
11/10/2005MotionFiled Motion to Extend Time. 90 days requested. 05-22195
11/28/2005MotionFiled Motion to Extend Time. Supplement to Motion for Extension of Time for Filing Appellant's Opening Brief and Amendment of Briefing Schedule. 05-23238
12/23/2005Notice/IncomingFiled Affidavit. Affidavit from court reporter Renee Silvaggio re: transcripts. 05-25086
12/28/2005Order/ProceduralFiled Order/Motion Granted in Part. Opening brief and appendix due: February 15, 2006. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. fn1[A copy of the transcript request form is attached to this order.] No court reporter is obligated to prepare transcripts for May 21, 2003, November 18, 2004, and September 9, 2004. Transcripts due: 20 days. If more time is need, Ms. Silvaggio shall, within the same time period, file a motion requesting an extension if the transcripts cannot be produced, notify this court, in writing, of this fact. Failure to timely comply with this court could result in the imposition of sanctions. 05-25259
01/24/2006TranscriptFiled Transcript. Proceedings: 09/07/04; 09/08/04. Court Reporter: Renee Silvaggio. 06-01699
02/14/2006Docketing StatementFiled Docketing Statement. Amended Docketing Statement. 06-03251
02/17/2006Notice/IncomingFiled Notice. Statement of Proceeding. 06-03688
02/17/2006BriefFiled Opening Brief. Issued Notice to Provide Proof of Service on Counsel for Respondent Farmers Ins. Exchange. 06-03693
02/17/2006AppendixFiled Appendix to Opening Brief. 06-03695
03/02/2006MotionFiled Stipulation. Stipulation to Withdraw as Party to Appeal. 06-04701
03/21/2006Notice/IncomingFiled Notice. Statement of Proceeding. 06-05959
03/21/2006BriefFiled Answering Brief. Respondent John C. Wilson's Answering Brief. 06-05994
03/21/2006AppendixFiled Appendix to Answering Brief. Respondent John C. Wilson's Appendix. 06-05995
03/22/2006BriefFiled Answering Brief. Respondents Dana Cohen and Morry Cohen. 06-06116
03/28/2006Notice/IncomingFiled Notice of Association of Counsel. Robert L. Eisenberg as counsel for John Wilson. 06-06506
04/26/2006BriefFiled Reply Brief. Appellant's Reply Brief to Respondent Wilson's Answering Brief. 06-08737
04/26/2006AppendixFiled Appendix to Reply Brief. Appellant's Appendix to Reply Brief. 06-08769
04/28/2006BriefFiled Reply Brief. Appellant's Reply Brief to Respondents Cohen's Answering Brief. 06-09045
05/05/2006Order/Clerk'sFiled Clerk's Order Approving Stipulation. This appeal is dismissed as to respondent Farmers Insurance Exchange. The parties shall bear their own costs and attorney fees. NRAP 42(b). The clerk shall amend the caption by removing Farmers Insurance Exchange as a respondent. fn1[On February 17, 2006, the court issued a notice to appellant to provide proof of service of the opening brief on respondent Farmers Insurance Exchange. That notice is vacated.] 06-09430
11/02/2006Order/ProceduralFiled Order. Consolidating Appeals and Submitting Cases for Decision to the En Banc Court. We elect to consolidate the appeals for disposition. Docket Nos. 44823 and 45331 were submitted for decision to the Southern Nevada Panel. We have determined that en banc consideration of these appeals is warranted. These appeals shall stand submitted for decision without oral argument to the En Banc Court as of the date of this order on the briefs filed herein. fn1[Oral argument in Docket No. 44823 was held on April 10, 2006, before the Southern Nevada Panel.] Nos. 44458/44823/45331/45405. (06-22367) 06-22367
11/02/2006Case Status Update Submitted for Decision. To the En Banc Court. EN BANC. Nos. 44458/44823/45331/45405.
12/28/2006Opinion/DispositionalFiled Authored Opinion. These are consolidated appeals. Vacated and remanded (Docket Nos. 44458 and 44823); affirmed and remanded (Docket Nos. 45331 and 45405); attorney Phillip Emerson referred to the State Bar of Nevada. "Vacated and remanded." We refer attorney Phillip Emerson to the State Bar of Nevada, in all four cases, for disciplinary proceedings. Before the Court EN BANC. Author: Hardesty, J. We concur: Rose, C.J., Becker, Maupin, Gibbons and Douglas, JJ. Parraguirre, J., concurring in part and dissenting in part. 122 Nev. Adv. Opn. No. 115. EN BANC. Nos. 44458/44823/45331/45405. 1/17/08 Opinion vacated on rehearing. See 123 Nev. Adv. Opn. No. 1 (Jan. 17, 2008). ('We conclude en banc rehearing is warranted in part. We therefore grant the petition in part, vacate our prior opinion in this matter, and issue this opinion in its place.') Nos. 44458/44823/45331/45405 06-26553
12/28/2006Notice/OutgoingIssued Letter. to Rob Bare, bar counsel, with a copy of the opinion filed today noting that on page 34 of the opinion this court refers attorney Phillip Emerson to the State Bar for disciplinary proceedings. Nos. 44458/44823/45331/45405. 06-26627
12/29/2006MotionFiled Motion to Extend Time. Nos. 44458/44823/45331/45405 06-26674
01/05/2007Order/ProceduralFiled Order Granting Motion. filed 12/29/06. Appellants Castro and Seasholtz and respondents Wilson and Knippenberg shall have until January 25, 2007, to file and serve their petitions for rehearing. Nos. 44458/44823/45331/45405. 07-00328
01/25/2007MotionFiled Motion for Excess Pages. Motion for Permission to File Petition for Rehearing in Excess of Ten Pages. Nos. 44458/44823/45331/45405 07-02061
01/25/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from Lemons Grundy & Eisenberg--check no. 13508.
01/31/2007MotionFiled Motion. Motion to Supplement Petition for Rehearing. Nos. 44458/44823/45331/45405. 07-02555
01/31/2007Post-Judgment PetitionReceived Supplement to Petition for Rehearing. Nos. 44458/44823/45331/45405. 07-02559
02/07/2007MotionFiled Response to Motion. Opposition of Tiffany Lang, Individually and as Guardian Ad Litem of Alicia P. Lang, a Minor, and Joesph Lang Individually to Respondent's Request for Permission to File Petition for Rehearing in Excess of Ten Pages. Nos. 44458/44823/45331/45405. 07-03060
03/13/2007Order/ProceduralFiled Order Granting Motion. These are consolidated appeals. The clerk shall file the 23-page petition for rehearing received on January 25, 2007. The clerk shall file the supplement to the petition for rehearing received on January 31, 2007. We advise the parties that in resolving the rehearing petition, this court will disregard any arguments improperly included in the petition and supplement. Nos. 44458/44823/45331/45405. (07-05909) 07-05909
03/13/2007Post-Judgment PetitionFiled Petition for Rehearing. Nos. 44458/44823/45331/45405. (07-02063) 07-02063
03/13/2007Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Nos. 44458/44823/45331/45405. (07-02559) 07-02559
05/09/2007Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing and Requesting Amici Curiae Participation. These are consolidated appeals. Appellants Luis Castro and James Seasholtz, and respondents Dana S. and Morry Cohen, John C. Wilson, and Jennifer Knippenberg (collectively defendants) have petitioned for rehearing. Appellant Gregory J. Lioce shall have 30 days to file an answer to the rehearing petition. Respondents Vanessa and Sylvia Cabrera and Lindsay Wheeler shall have 30 days to file an answer. We request that the Nevada Trial Lawyers Association (NTLA) and the Nevada Association of Defense Counsel (NADC) participate in these rehearing proceedings as amici curiae. We direct defendants to serve the NTLA and NADC with the rehearing petition and its supplement and provide proof of service to this court within 10 days of the date of this order. The NTLA and NADC, should they agree to participate as amici curiae, shall each file and serve their answers within 30 days after being served with the rehearing petition and supplement. Defendants shall have 15 days thereafter to file and serve any reply. Nos. 44458/44823/45331/45405. (07-10263) 07-10263
05/16/2007Notice/IncomingFiled Proof of Service. Affidavit of Mailing. Nos. 44458/44823/45331/45405 (07-10883) 07-10883
05/23/2007Letter/IncomingFiled Letter. from attorney Robert Jensen, President of NTLA, stating that they will be filing an amicus brief in response to this court's 5/9/07 order. Nos. 44458/44823/45331/45405 07-11429
06/04/2007Post-Judgment PetitionFiled Answer to Petition for Rehearing. Respondent Lindsay Wheeler's Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405. 07-12189
06/07/2007Post-Judgment PetitionFiled Answer to Petition for Rehearing. Answer of Vanessa Cabrera and Sylvia Cabrera, as a Natural Parent and Legal Guardian of Gabriel Cabrera, a Minor, and Nicholas Cabrera, a Minor to Petition for Rehearing. Nos. 44458/44823/45331/45405. 07-12511
06/12/2007Notice/IncomingFiled Notice of Appearance. Robison, Belaustegui, Sharp & Low representing amicus curiae Nevada Association of Defense Counsel. Nos. 44458/44823/45331/45405 07-12854
06/12/2007MotionFiled Motion to Extend Time. Nevada Association of Defense Counsel's Motion for Enlargement of Time to File Answer to Petition for Rehearing. Nos.44485/44823/45331/45405. 07-12862
06/13/2007Order/ProceduralFiled Order Granting Motion. Nevada Association of Defense Counsel shall have until June 25, 2007 to file an answer to the petition for rehearing. Nos. 44458/44823/45331/45405. 07-12961
06/15/2007Post-Judgment PetitionFiled Answer to Petition for Rehearing. Opposition of Gregory J. Lioce, to Respondents' Petition for Rehearing. Nos. 44458/44823/45331/45405. 07-13172
06/18/2007MotionFiled Motion. for Clarification. Nos. 44458/44823/45331/45405. 07-13258
06/19/2007MotionFiled Motion. Motion to Clarify and Determine Due Date for Reply. Nos. 44458/44823/45331/45405. 07-13328
06/19/2007Notice/IncomingFiled Errata. Errata regarding Motion to Clarify and Determine Due Date for Reply. Nos. 44458/44823/45331/45405. (07-13346) 07-13346
06/25/2007Post-Judgment PetitionFiled Answer to Petition for Rehearing. Nevada Association of Defense Counsel's Amicus Curiae Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405. (07-13872) 07-13872
07/03/2007MotionFiled Motion to Extend Time. Nevada Trial Lawyers Association, Amicus Curiae Motion for Extension of Time Under NRAP 26. Nos. 44458/44823/45331/45405. 07-14569
07/06/2007MotionFiled Response to Motion. Opposition to NTLA's Motion for Extension of Time. Nos. 44458/44823/45331/45405. 07-14842
07/06/2007MotionFiled Motion. Supplement to Motion to Clarify and Determine Due Date for Reply. Nos. 44458/44823/45331/45405. 07-14845
07/09/2007Order/ProceduralFiled Order. We grant the Cohens' motion, and we clarify that the defendants petitioning for rehearing include only Wilson, Knippenberg, Castro, and Seasholtz. Since all requested answers have now been received, we grant the petitioning defendants motion for clarification, and clarify that the petitioning defendants may collectively file one reply, which must be filed and served no later than July 31, 2007. Fn2 [In granting the petitioning defendants' request for clarification, we have considered both their motion for clarification and the supplement thereto.] Fn3 [. . .We grant the NTLA's motion, and direct the clerk of this court to file the NTLA's answer, provisionally received in this court on July 3, 2007. To the extent that Knippenburg requests to be included in the petitioning defendants' request to file a single reply, that request is denied.] Nos. 44458/44823/45331/45405. 07-14863
07/09/2007BriefFiled Amicus Brief. Nevada Trial Lawyers Association, Amicus Curiae Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405. 07-14571
07/30/2007Post-Judgment PetitionFiled Reply to Answer to Petition for Rehearing. Nos. 44458/44823/45331/45405. 07-16695
01/17/2008Opinion/DispositionalFiled Authored Opinion. "Rehearing granted in part; former opinion vacated on rehearing; vacated and remanded (Docket Nos. 44458 and 44823); affirmed (Docket Nos. 45331 and 45405)." Before the Court EN BANC. Author: Hardesty, James W. Majority: Hardesty/ Gibbons/ Douglas/ Cherry. Concur/Dissent: Parraguirre/Maupin. 124 Nev. Adv. Opn. No. 1. EN BANC. We conclude en banc rehearing is warranted in part. We therefore grant the petition in part, vacate our prior opinion in this matter, and issue this opinion in its place. Fn1 [The Honorable Nancy M. Saitta, Justice, voluntarily recused herself from participation in the decision of this matter.] Nos. 44458/44823/45331/45405. 08-01287
02/12/2008RemittiturIssued Remittitur. 08-02356
02/12/2008Case Status Update Remittitur Issued/Case Closed.
02/19/2008Notice/OutgoingIssued Letter. to publishers Daily Journal, Versuslaw and West Group regardign correction to opinion filed 1/17/08. Nos. 44458/44823/45331/45405 08-03948
02/19/2008RemittiturFiled Remittitur. Received by County Clerk on February 13, 2008. 08-02356