| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 01/31/2006 | Other | Disqualification of Justice Hardesty. Sat in district court proceedings. | | |
| 01/31/2006 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Hale Lane Peek Dennison & Howard--check no. 070174. | | |
| 01/31/2006 | Notice of Appeal Documents | Filed 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.) | | 06-02303
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| 02/03/2006 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Patrick O. King. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 02/15/2006 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 on cross-appeal from Jack I. McAuliffe Chtd.--check no. 7817. | | |
| 02/15/2006 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 06-03300
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| 02/15/2006 | Notice/Outgoing | Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. | | |
| 02/15/2006 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 06-03398
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| 02/17/2006 | Notice/Outgoing | Letter. Patrick O. King (Notice of Cross-Appeal). | | |
| 03/02/2006 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 06-04727
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| 04/10/2006 | Notice/Incoming | Filed Substitution of Attorneys. Molof & Vohl in the place and sted of the Hale, Lane firm as counsel for respondent/cross-appellant. | | 06-07473
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| 05/30/2006 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 46634/46705/46706-cases are not consolidated. | | 06-11293
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| 06/16/2006 | Settlement Order/Procedural | Filed 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: 10 days to comply with NRAP 9(a). Appellant/cross-respondent: 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 46706 for purposes of disposition.] | | 06-12672
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| 06/27/2006 | Transcript Request | Filed 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.) | | 06-13230
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| 06/28/2006 | Transcript Request | Filed 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.) | | 06-13354
|
| 08/03/2006 | Motion | Filed Motion. Motion to Direct the District Court to Transmit Original Exhibits. | | 06-16142
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| 08/17/2006 | Motion | Filed Stipulation. | | 06-17192
|
| 08/23/2006 | Transcript | Filed Transcript. Proceedings: 08/04/05. Court Reporter: Christina Herbert (Molezzo Reporters).clerk2 | | 06-17542
|
| 08/28/2006 | Transcript | Filed Transcript. Proceedings: 07/25/05, 07/26/05, 08/01/05, 08/02/05, and 08/03/05. Court Reporter: Denise Phipps (Molezzo Reporters). | | 06-17880
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| 09/08/2006 | Transcript | Filed Transcript. Proceedings: 8/9/05. Court Reporter: Julie Ann Kernan. | | 06-18590
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| 09/08/2006 | Motion | Filed Motion to Extend Time. | | 06-18594
|
| 09/11/2006 | Transcript | Filed Transcript. Proceedings: 7/27/05. Court Reporter: Romona Malnerich. | | 06-18739
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| 09/14/2006 | Transcript | Filed Transcript. Proceedings: 8/9/05. Court Reporter: Julie Ann Kernan. | | 06-19000
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| 09/18/2006 | Motion | Filed Motion. to Direct the District Court to Transmit Original Exhibits. | | 06-19142
|
| 09/19/2006 | Order/Procedural | Filed Order. fn1[A copy of respondent's transcript request form is attached to this order.] fn2[A copy of appellant's transcript request form is also attached to this order.] No court reporter is obligated to file transcripts for June 21, 2005, June 22, 2005, July 5, 2005, or July 6, 2005, in the instant appeal. We direct the clerk to transfer the July 28, 2005, transcript, filed on August 23, 2006, from No. 46706 to the instant appeal. Transcript of the proceeding held on August 5, 2005 due: October 2, 2006. If more time is needed, Molezzo Reporters shall, within the same time period, file a motion requesting an extension of time or if the transcript cannot be produced, notify this court, in writing, of this fact. Appellant shall have until November 2, 2006, to file and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). We deny the motion to transmit the original exhibits to the Supreme Court. This denial is without prejudice to appellant's right to renew the motion in a manner that complies with the NRAP 30(d) standard for transmitting original exhibits. | | 06-19317
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| 09/19/2006 | Transcript | Filed Transcript. Proceedings: 07/28/05. Court Reporter: Christina Herbert (Molezzo Reporters). (09/19/06 order: transferred and filed the July 28, 2005, transcript, filed on August 23, 2006, in No. 46706 to No. 46705). | | 06-19319
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| 09/25/2006 | Transcript | Filed Transcript. Proceedings: 8/5/05 and 8/8/05. Court Reporter: Romona Malnerich. | | 06-19576
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| 11/01/2006 | Brief | Filed Opening Brief. | | 06-22350
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| 11/01/2006 | Appendix | Filed Joint Appendix. Vols. 1 through 4. | | 06-22351
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| 12/01/2006 | Motion | Filed Stipulation and Order. Brief due: December 15, 2006. | | 06-24672
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| 12/18/2006 | Brief | Filed Answering Brief. | | 06-25730
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| 12/18/2006 | Appendix | Filed Appendix to Answering Brief. Joint Appendix, Vol. V. | | 06-25731
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| 01/09/2007 | Motion | Filed Stipulation and Order. Brief due: February 15, 2007. | | 07-00600
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| 02/15/2007 | Brief | Filed Reply Brief. Appellant/Cross-Respondent. | | 07-03820
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| 03/12/2007 | Motion | Filed Stipulation and Order. Brief due: April 18, 2007. | | 07-05778
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| 04/19/2007 | Brief | Filed Reply Brief on Cross-Appeal. | | 07-08814
|
| 05/11/2007 | Order/Procedural | Filed 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] | | |
| 09/27/2007 | Notice/Outgoing | Issued 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) | | 07-21376
|
| 10/09/2007 | Motion | Filed Motion. Request for Postponement of Oral Argument. Nos. 46634/46705/46706 (07-22286). | | |
| 10/18/2007 | Motion | Filed Motion. Request to Withdraw Request for Postponement of Oral Argument. Nos. 46634/46705/46706. (07-23031) | | |
| 10/19/2007 | Order/Procedural | Filed 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] | | |
| 10/23/2007 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (Nos. 46634/46705/46706) | | 07-23343
|
| 11/07/2007 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP08G-MG/MC/NS | | |
| 01/24/2008 | Order/Dispositional | Filed 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. | | 08-01830
|
| 02/08/2008 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Law Offices of Jack I. McAuliffe, Chtd. -check no. 8434. Nos. 46634/46705/46706. | | |
| 02/11/2008 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent HLK,LLC's (in 46706) Petition for Rehearing. Nos. 46634/46705/46706 (08-03237). | | |
| 02/11/2008 | Post-Judgment Petition | Filed Petition for Rehearing. Charles E. Kaufman's Petition for Rehearing (in 46705). Nos. 46634/46705/46706 (08-03311). | | |
| 02/11/2008 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Molof & Vohl - check no. 2808. Nos. 46634/46705/46706. | | |
| 02/14/2008 | Order/Procedural | Filed Order. Directing Answer to Petition for Rehearing from Appellants and Respondents. Nos. 46634/46705/46706 (08-03789). | | |
| 02/29/2008 | Post-Judgment Petition | Filed 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). | | |
| 03/03/2008 | Post-Judgment Petition | Filed 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). | | |
| 05/08/2008 | Order/Dispositional | Filed 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. | | 08-11504
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| 05/13/2008 | Motion | Filed Motion to Extend Time. Request for Extension of Time to File Petiton for En Banc Reconsideration. Nos. 46634/46705/46706 (08-11994). | | |
| 05/15/2008 | Order/Procedural | Filed Order. Granting Motion. Respondent's petition for rehearing due: June 2, 2008. Nos. 46634/46705/46706 (08-12217). | | |
| 05/15/2008 | Order/Incoming | Filed District Court Order. Certified copy of order filed in district court on 5/13/08. (Order on Remand) Nos. 46634/46705/46706. (08-12218). | | |
| 06/02/2008 | Motion | Filed Motion for Excess Pages. Request for Permission to File a Thirteen-Page Petition for En Banc Reconsideration. Nos. 46634/46705/46706 (08-13851). | | |
| 06/02/2008 | Post-Judgment Petition | Received Petition for En Banc Reconsideration. Nos. 46634/46725/46706 (08-13853). | | |
| 06/05/2008 | Order/Procedural | Filed 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.] | | |
| 06/05/2008 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Nos. 46634/46705/46706. (08-13853) | | |
| 06/19/2008 | Order/Procedural | Filed 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). | | |
| 07/03/2008 | Motion | Filed Motion to Extend Time. Request for Extension of Time to File Answer to Petition for En Banc Reconsideration. Nos. 46634/46706. (08-17024) | | |
| 07/08/2008 | Order/Procedural | Filed 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). | | |
| 07/09/2008 | Post-Judgment Petition | Filed 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). | | |
| 09/05/2008 | Post-Judgment Order | Filed 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.] | | |
| 09/30/2008 | Remittitur | Issued Remittitur. | | 08-23687
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| 09/30/2008 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/08/2008 | Remittitur | Filed Remittitur. Received by County Clerk on October 1, 2008. | | 08-23687
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