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United States Court Cases

Nevada Supreme/Appellate Court Record

U.S.A. COMMERCIAL MORTGAGE VS. LEE C/W 46781

Case Information: 46363
Short Caption:U.S.A. COMMERCIAL MORTGAGE VS. LEE C/W 46781Court:Supreme Court
Consolidated:46363*, 46781 Related Case(s): 46781
Lower Court Case(s):Clark Co. - Eighth Judicial District - A459840Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/13/2005 / Buchanan, WilliamSP Status:Completed
Oral Argument:01/10/2008 at 10:30 AMOral Argument Location:Carson City
Submission Date:01/10/2008How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/05/2005Filing Fee Filing Fee due.
12/05/2005Notice 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.) 05-23684
12/05/2005Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
12/06/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Goold Patterson Ales & Day--check no. 70682.
12/06/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 05-23776
12/06/2005Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
12/06/2005Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
12/08/2005Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on December 6, 2005. 05-24044
12/12/2005Notice of Appeal DocumentsFiled Case Appeal Statement. Errata to Case Appeal Statement filed in district court on 12/7/05. 05-24217
12/13/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan . (Briefing and preparation of transcripts suspended pending further order of this court.)
12/19/2005Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 05-24591
12/19/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from JUL Law Office Management--check no. 3219.
12/28/2005Notice/OutgoingIssued Notice to File Docketing Statement. Respondent/Cross-Appellant.
01/19/2006Docketing StatementReceived Docketing Statement. Respondent/Cross-Appellant. 06-01333
01/27/2006MotionFiled Motion to Extend Time. Ex Parte Motion to Enlarge time to file Docketing Statement. 06-02079
01/27/2006Notice/IncomingFiled Proof of Service. Receipt of Copy. Settlement (Docketing) Statement was signed and received by Settlement Judge Buchanan on January 19, 2005 (January 19, 2006). 06-02080
01/30/2006MotionFiled Response to Motion. Opposition to Ex Parte Motion to Enlarge Time to File Docketing Statement. 06-02126
01/30/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 1, 2006. 06-02169
02/07/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the docketing statement received on January 19, 2006. 06-02697
02/07/2006Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 06-01333
03/06/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 3, 2006. 06-04867
04/05/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 06-07238
04/10/2006Settlement 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/cross-respondent and respondent/cross-appellant shall each have 15 days to comply with NRAP 9(a). Appellant/cross-respondent: 90 days to file and serve opening brief and appendix. 06-07496
05/02/2006Notice/OutgoingIssued Notice to Request Transcripts. Notice issued to counsel for cross-respondent and cross-appellant.
05/08/2006Notice/IncomingFiled Notice. 06-09584
07/11/2006MotionFiled Motion to Extend Time. Respondent/Cross-Appellant's Motion to Extend Time to file Opening Brief and Consolidate Appeals. 06-14244
08/21/2006MotionFiled Motion. Motion to Withdraw as Attorney of Record for USA Commercial Mortgage Company. 06-17305
08/21/2006Order/ProceduralFiled Order. Respondent/cross-appellant in No. 46363 and respondent in No. 46781 (Lee) filed a "Notice of Bankruptcy Case Filing" in No. 46363. An appeal is subject to the automatic bankruptcy stay if the debtor was the defendant in the underlying trial court action. The appeal in No. 46363 is not subject to the bankruptcy stay, and these appeals shall proceed. We grant the motion to consolidate and consolidate these appeals for all appellate purposes. We set the following briefing schedule for these appeals. Each party shall have 15 days to request transcripts. fn1[U.S.A. Commercial filed a transcript request form in No. 46781 on July 13, 2006. U.SA. Commercial must still comply with the instant order.] U.S.A. Commercial shall have 90 days to file and serve a single opening brief for these appeals. Briefing shall proceed in accordance with NRAP 31(a)(1). fn2[We deny U.S.A. Commercial's motion for an extension of time as moot.] Nos. 46363/46781. (06-17379) 06-17379
08/28/2006Notice/IncomingFiled Notice. Appellant/Cross-Respondent. Notice Regarding Trial Transcript Request. Nos. 46363/46781. 06-17788
09/11/2006TranscriptFiled Transcript. Proceedings: 4/8/05. Court Reporter: Leta Haupt. Nos. 46363/46781 06-18731
09/19/2006Order/ProceduralFiled Order Denying Motion. filed 8/21/06. This denial is without prejudice to Mr. Rondeau's right to re-file the motion to withdraw with proof of service on U.S.A. Commercial. Nos. 46363/46781. 06-19251
11/03/2006Notice/IncomingFiled Substitution of Attorneys. Notice of Filing of Substitution of Counsel for USA Commerical Mortgage Company. Schwartzer & McPerhson Law Firm in place and stead of Goold Patterson Ales & Day. Nos. 46363/46781. 06-22556
11/17/2006BriefFiled Opening Brief. Appellant/Cross-Respondent USA Commercial Mortgage Company's Opening Brief. Nos. 46363/46781. (06-23601) 06-23601
11/17/2006AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. Nos. 46363/46781. (06-23602) 06-23602
11/27/2006Notice/IncomingFiled Notice. of Confirmation Hearing Related Deadlines and Procedures for Seeking Approval of and Objection to Confirmation of The Debtors' Third Amended Joint Plan of Reorganization (Affects all Debtors). Nos. 46363/46781. 06-24263
12/19/2006MotionFiled Motion to Extend Time. Nos. 46363/46781 06-25904
12/19/2006Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
12/29/2006Notice/IncomingFiled Notice. Notice of Non-Receipt. Nos. 46363/46781 06-26698
02/08/2007Order/ProceduralFiled Order. No court reporter is obligated to file a copy of the March 13, 2006, transcript in this court. If U.S.A. Commercial believes the March 13, 2006, transcript is necessary they shall file a copy of the transcript in this court within 10 days. James J. Lee has failed to request transcripts as required by our August 21, 2006, order. Lee shall have 10 days from the date of this order to request transcripts or show cause why sanctions should not be imposed. Lee has also filed a motion requesting an extension of time to file his combined answering brief and opening brief on cross-appeal. We address the merits of Lee's motion despite lack of proper proof of service. We admonish Lee for failing to comply with our appellate rules and our notice, and direct him to file proper proof of service of the extension motion, or show cause why sanctions should not be imposed, within 10 days. We grant Lee's extension motion. Lee shall have 30 days to file and serve the combined brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Nos. 46363/46781. 07-03179
02/20/2007Notice/IncomingFiled Notice. of Compliance with Court Order (copy of 3/14/06 transcript attached). Nos. 46363/46781. 07-03994
02/23/2007Notice/IncomingFiled Proof of Service. Nos. 46363/46781. 07-04420
05/10/2007Order/CounselFiled Order/Sanctions. The clerk shall detach the March 13, 2006, transcript from the "Notice of Compliance" filed on February 20, 2007, and file it separately in this appeal. Mr. Lee's conduct under these circumstances warrants the imposition of santions. $500 payable to Supreme Court Law Library due: 10 days. Transcript request form with respect to Docket No. 46363 and combined Answering brief and Opening Brief on Cross Appeal due: 10 days. Mr. Lee strongly cautioned. Nos. 46363/46781. 07-10384
05/10/2007TranscriptFiled Transcript. Proceedings: 3/31/06. Court Reporter: Kim Tuchman. Nos. 46363/46781 (placed in file no. 46363 only) Nos. 46363/46781 (07-10392). 07-10392
05/23/2007MotionFiled Motion to Extend Time. Respondent/Cross-Appellant. 1. Certificate of No Transcript Request; 2. Proof of Payment to Supreme Court Law Library; and 3. Request for 7 Day Enlargement of Time to File Answering and Opening Brief. Nos. 46363/46781. 07-11351
05/23/2007Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. Respondent/Cross-Appellant. 1. Certificate of No Transcript Request; 2. Proof of Payment to Supreme Court Law Library; and 3. Request for 7 Day Enlargement of Time to File Answering and Opening Brief. Nos. 46363/46781. 07-11353
05/25/2007Notice/IncomingFiled Proof of Service. For: Respondent/Cross-Appellant. 1. Certificate of No Transcript Request; 2. Proof of Payment to Supreme Court Law Library; and 3. Request for 7 Day Enlargement of Time to File Answering and Opening Brief. Nos. 46363/46781. 07-11644
06/07/2007Notice/IncomingFiled Proof of Service. for Respondent/Cross Appellant's Answering Brief and Opening Brief on Cross-Appeal; Appendix and Trial Transcript. Nos. 46363/46781. 07-12496
06/07/2007BriefReceived Answering Brief. Respondent/Cross Appellant's Answering Brief and Opening Brief on Cross-Appeal. Nos. 46363/46781. FILED PER ORDER OF 6/27/07. 07-12498
06/07/2007AppendixReceived Appendix. to Respondent/Cross Appellant's Answering Brief and Opening Brief on Cross-Appeal. Nos. 46363/46781. Nos. 46363/46781. FILED PER ORDER OF 6/26/07. 07-12499
06/07/2007AppendixReceived Appendix. Trial Transcript. Nos. 46363/46781. FILED PER ORDER OF 6/26/07. 07-12500
06/26/2007Order/ProceduralFiled Order Granting Motion. Mr. Lee has filed a motion for an extension of time to file the combined brief. We grant the motion. The clerk shall file the brief and appendices received on June 7, 2007. Appellant/cross-respondent: 30 days to file a combined reply brief on appeal and answering brief on cross-appeal. Fn1 [ . . . Mr. Lee admonished]. Nos. 46363/46781. 07-13970
06/26/2007BriefFiled Answering Brief. Respondent/Cross Appellant's Answering Brief and Opening Brief on Cross-Appeal. Nos. 46363/46781. 07-12498
06/26/2007AppendixFiled Appendix to Answering Brief. to Respondent/Cross Appellant's Answering Brief and Opening Brief on Cross-Appeal. Nos. 46363/46781. 07-12499
06/26/2007AppendixFiled Appendix to Answering Brief. Trial Transcript. Nos. 46363/46781. 07-12500
07/06/2007BriefFiled Reply Brief. Appellant/Cross-Respondent. Nos. 46363/46781. 07-14794
07/06/2007Notice/OutgoingIssued Notice of Deficient Brief. Certificate of Compliance due 10 days. Nos. 46363/46781. 07-14796
07/13/2007Notice/IncomingFiled Certificate of Compliance. Appellant/Cross-Respondent's Reply Brief. Nos. 46363/46781. 07-15218
07/31/2007BriefFiled Reply Brief on Cross-Appeal. Respondent/Cross-Appellant. Nos. 46363/46781. 07-16810
07/31/2007Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. Respondent/Cross-Appellant's Reply Brief. Nos. 46363/46781. 07-16812
08/14/2007Notice/IncomingFiled Proof of Service. of Respondent/Cross-Appellant's Reply Brief in Support of Opening Brief on Cross-Appeal. Nos. 46363/46781. 07-17924
12/03/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 10, 2008 at 10:30 a.m. (NNP08-WM/MC/NS) (Nos. 46363/46781) 07-25980
12/26/2007Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 46363/46781) 07-28055
01/10/2008Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP08-WM/MC/NS.
03/28/2008Order/DispositionalFiled Order of Reversal and Remand. "We reverse the district court's judgment in Docket No. 46363 and the attorney fee award in Docket No. 46781, and we remand this matter to the district court for further proceedings consistent with this order." Cherry, J., Saitta, J., and Maupin, J., concurring in part and dissenting in part. NNP08-MC/NS/WM Nos. 46363/46781. 08-07706
04/22/2008RemittiturIssued Remittitur. 08-08090
04/22/2008Case Status Update Remittitur Issued/Case Closed.
04/29/2008RemittiturFiled Remittitur. Received by County Clerk on April 24, 2008. 08-08090