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United States Court Cases

Nevada Supreme/Appellate Court Record

KAUFMAN VS. HLK, LLC C/W 46634/46705

Case Information: 46706
Short Caption:KAUFMAN VS. HLK, LLC C/W 46634/46705Court:Supreme Court
Consolidated: 46634 *, 46705 , 46706
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0307235Classification:Civil Appeal - General - Other
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/03/2006 / King, PatrickSP Status:Completed
Oral Argument:11/07/2007 at 9:30 AMOral Argument Location:Carson City
Submission Date:11/07/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/31/2006OtherDisqualification of Justice Hardesty. Sat in related district court proceedings.
01/31/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Hale Lane Peek Dennison & Howard--check no. 070176.
01/31/2006Notice 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.) 06-02304
02/03/2006Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Patrick O. King. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/15/2006Docketing StatementFiled Docketing Statement. 06-03399
04/10/2006Notice/IncomingFiled Substitution of Attorneys. Molof & Vohl in the place and stead of the law firm Hale, Lane as counsel for appellant. 06-07476
05/30/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 46634/46705/46706-cases are not consolidated. 06-11294
06/16/2006Settlement 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: 10 days to comply with NRAP 9(a); 70 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). fn1[We note that upon completion of briefing, this appeal may be consolidated with the related appeals in Nos. 46634 and 46705 for purposes of disposition.] 06-12666
06/27/2006Transcript RequestFiled Request for Transcript of Proceedings. (Respondent/Cross-Appellant in 46705 and Appellant in 46706). Transcripts requested: 06/21/05, 06/22/05, 07/05/05, 07/06/05, 07/25/05 through 07/28/05, 08/01/05 through 08/05/05, 08/08/05, and 08/09/05. To Court Reporter: Molezzo Reporters. Nos. 46705/46706. (These cases are not consolidated.) 06-13231
06/28/2006Transcript RequestFiled Request for Transcript of Proceedings. (Appellant/Cross-Respondent in 46705 and Respondent in 46706.) Transcripts requested: 07/25/05 thorugh 07/28/05, 08/01/05 through 08/05/06, and 08/08/05. To Court Reporter: Molezzo Court Reporters. Nos. 46705/46706. (These cases are not consolidated.) 06-13355
07/19/2006MotionFiled Motion to Extend Time. 06-15022
07/25/2006Order/Clerk'sFiled Clerk's Order Granting Motion. Transcripts due: August 26, 2006. 06-15487
08/04/2006TranscriptFiled Transcript. Proceedings: 06/22/05, 07/05/05. Court Reporter: Christina Herbert. 06-16171
08/17/2006MotionFiled Stipulation. 06-17194
08/22/2006Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed 8/17/06. Opening Brief due: 9/25/06. 06-17452
08/23/2006TranscriptFiled Transcript. Proceedings: 07/28/05. Court Reporter: Christina Herbert. 09/19/06 Order in No. 46705: transferred and filed the July 28, 2005, transcript, filed on August 23, 2006, in No. 46706 to No. 46705 (assigned a new document #06-19319).jcr 06-17543
08/28/2006TranscriptFiled Transcript. Proceedings: 07/06/05. Court Reporter: Denise Phipps (Molezzo Reporters). 06-17879
09/08/2006TranscriptFiled Transcript. Proceedings: 06/21/05. Court Reporter: Julie Ann Kernan. 06-18643
09/08/2006MotionFiled Motion to Extend Time. 06-18654
09/13/2006Order/ProceduralFiled Order Granting Motion. Transcripts due: October 2, 2006. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Opening brief and appendix due: November 2, 2006. 06-18864
11/03/2006BriefFiled Opening Brief. 06-22489
11/03/2006AppendixFiled Joint Appendix. Vols. 1 and 2. 06-22490
12/01/2006BriefFiled Answering Brief. 06-24630
01/03/2007MotionFiled Stipulation and Order. Brief due: 2/1/07. 07-00115
02/02/2007BriefFiled Reply Brief. 07-02713
05/11/2007Order/ProceduralFiled Order/Consolidation. We conclude that, in the interest of judicial efficiency, these appeals should be consolidated. Accordingly, we consolidate these appeals for purposes of disposition. Nos. 46634/46705/46706 [07-10472]
09/27/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on November 7, 2007 at 9:30 a.m. (NNP08G-MG/MC/NS) (Nos. 46634/46705/46706) 07-21377
10/09/2007MotionFiled Motion. Request for Postponement of Oral Argument. Nos. 46634/46705/46706 (07-22286).
10/18/2007MotionFiled Motion. Request to Withdraw Request for Postponement of Oral Argument. Nos. 46634/46705/46706. (07-23031)
10/19/2007Order/ProceduralFiled Order Denying Motion. as Moot. In light of the request to withdraw filed October 18, 2007, we deny as moot the motion to postpone oral argument. The oral argument of these consolidated matters shall remain scheduled for November 7, 2007, at 9:30 a.m. in Carson City. Nos. 46634/46705/46706. [07-23094]
10/23/2007Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 46634/46705/46706) 07-23344
11/07/2007Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP08G-MG/MC/NS
01/24/2008Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "We affirm that portion of the district court's judgment determining that the deed of trust was terminated We reverse that portion of the judgment pertaining to the offset and remand with instructions to the district court to recalculate the amount that Kaufman is entitled to deduct from his debt to RFL We reverse that portion of the district court's judgment imposing a constructive trust." NNP08G-MG/MC/NS Nos. 46634/46705/46706. 08-01831
02/08/2008Post-Judgment PetitionFiled Petition for Rehearing. Respondent HLK,LLC's (in 46706) Petition for Rehearing. Nos. 46634/46705/46706 (08-03237).
02/08/2008Filing FeeReceived Filing Fee Paid on Filing. $150 from Law Offices of Jack I. McAuliffe, Chtd. -check no. 8434. Nos. 46634/46705/46706.
02/11/2008Post-Judgment PetitionFiled Petition for Rehearing. Charles E. Kaufman's Petition for Rehearing (in 46705). Nos. 46634/46705/46706 (08-03311).
02/11/2008Filing FeeReceived Filing Fee Paid on Filing. $150 from Molof & Vohl - check no. 2808. Nos. 46634/46705/46706.
02/14/2008Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing from Appellants and Respondents. Nos. 46634/46705/46706 (08-03789).
02/29/2008Post-Judgment PetitionFiled Answer to Petition for Rehearing. (Restroom Facilities, Ltd.) Appellant/Cross-Respondent's Response to Petition for Rehearing in 46705. Nos. 46634/46705/46706 (08-05160).
03/03/2008Post-Judgment PetitionFiled Answer to Petition for Rehearing. (Charles E. Kaufman's) Answer to Respondent's Petition for Rehearing in Case No. 46706. Nos. 46634/46705/46706 (08-05249).
05/08/2008Order/DispositionalFiled Dispositional Order/Appeal. Order Granting Rehearing (Docket no. 46705 and 46706), and Affirming in Part, Reversing in Part, and Remanding with Instructions. fn1-[Neither party in Docket No. 46634 filed a petition for rehearing from our January 24, 2008 order. Accordingly, we have not considered our prior order as to Docket No. 46634. The instant order only replaces of January 24, 2008, order with respect to our decisions in Docket Nos. 46705 and 46706.]. We grant Kaufman's petition for rehearing in Docket No. 46705. We also grant HLK's petition for rehearing in Docket No. 46706. 'We affirm that portion of the district court's judgment determining that the deed of trust was terminated. . . . We reverse that portion of the district court's judgment imposing a constructive trust. . . .We reverse that portion of the judgment pertaining to the offset and remand this matter to the district court with instructions that it recalculate the amount that Kaufman is entitled to deduct from his debt to RFL. . . . We remand this matter to the district court with instructions that it enter, on the record, its findings of fact and its calculations of the applicable interest.' Nos. 46634/46705/46706. 08-11505
05/13/2008MotionFiled Motion to Extend Time. Request for Extension of Time to File Petiton for En Banc Reconsideration. Nos. 46634/46705/46706 (08-11994).
05/15/2008Order/ProceduralFiled Order. Granting Motion. Respondent's petition for rehearing due: June 2, 2008. Nos. 46634/46705/46706 (08-12217).
05/15/2008Order/IncomingFiled District Court Order. Certified copy of order filed in district court on 5/13/08. (Order on Remand) Nos. 46634/46705/46706. (08-12218).
06/02/2008MotionFiled Motion for Excess Pages. Request for Permission to File a Thirteen-Page Petition for En Banc Reconsideration. Nos. 46634/46705/46706 (08-13851).
06/02/2008Post-Judgment PetitionReceived Petition for En Banc Reconsideration. Nos. 46634/46725/46706 (08-13853).
06/05/2008Order/ProceduralFiled Order Granting Motion. and Filing Document. The clerk of this court shall file Kaufman's petition received on June 2, 2008. Nos. 46634/46705/46706. (08-14187) [Copies have been distributed per the ccs listed on the order.]
06/05/2008Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Nos. 46634/46705/46706. (08-13853)
06/19/2008Order/ProceduralFiled Order. Directing Answer to Petition for En Banc Reconsideration. Appellant/Respondent Russell Hawley, appellant Restroom Facilities, Ltd., and respondents HLK, LLC and Penny Mello shall each have 15 days from the date of this order within which to file and serve an answer to the petition. We stay issuance of the remittitur in this appeal pending resolution of the petition for en banc reconsideration. Nos. 46634/46705/46706 (08-15783).
07/03/2008MotionFiled Motion to Extend Time. Request for Extension of Time to File Answer to Petition for En Banc Reconsideration. Nos. 46634/46705. (08-17024)
07/08/2008Order/ProceduralFiled Order. Granting Motion. Russell Hawley, Restroom Facilities, LTD., HLK, LLC, and Penny Mello's motion for an extension of time to file an answer to the petition for en banc reconsideration is granted. These parties shall have until July 11, 2008, to file and serve a single answer to the petition for en banc reconsideration. Nos. 46634/46705/46706 (08-17300).
07/09/2008Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Response to Petition for En Banc Reconsideration. Appellant's Russell Hawley, Restroom Facilities, LTD., HLK, LLC, and Penny Mello. Nos. 46634/46705/46706. (08-17520).
09/05/2008Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." Fn1 [The Honorable James W. Hardesty, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC. Nos. 44634/46705/46706 (08-22928). [Copies have been distributed per the ccs listed on the order.]
09/30/2008RemittiturIssued Remittitur. 08-23688
09/30/2008Case Status Update Remittitur Issued/Case Closed.
10/08/2008RemittiturFiled Remittitur. Received by County Clerk on October 1, 2008. 08-23688