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United States Court Cases

Nevada Supreme/Appellate Court Record

DERICHME VS. SWEARINGEN

Case Information: 46708
Short Caption:DERICHME VS. SWEARINGENCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A488192Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/07/2006 / Turner, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/15/2008How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/01/2006Filing Fee Filing Fee due.
02/01/2006MotionFiled Motion for Stay. Motion for Stay of Execution pending Appeal. (Filed via fax.) 06-02322
02/01/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Judith H. Braecklein--check no. 3916.
02/01/2006Notice 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.) 06-02324
02/01/2006MotionFiled Motion for Stay. Motion for Stay of Execution pending Appeal. ORIGINAL (Filed via fax earlier today.) 06-02322
02/01/2006AppendixFiled Appendix. Exhibits to Appellant's Motion for Stay of Execution pending Appeal. 06-02329
02/02/2006Order/ProceduralFiled Order Granting Motion. for Temporary Stay. fn1[The district court's order denying appellant's motion for a stay gives appellant until February 3, 2006, at 5 p.m., to vacate the subject.] Respondents shall have 20 days to file and serve a response to the motion for a stay. We temporarily stay the orders appealed from and all proceedings in the action below pending receipt and consideration of the response to appellant's motion for a stay and pending further order of this court. 06-02407
02/07/2006Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William C. Turner. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/21/2006TranscriptFiled Transcript. Proceedings: November 17, 2005, November 30, 2005, December 9, 2005 and December 22, 2005. Court Reporter: Norma Jean Silverman. 06-03822
02/24/2006MotionFiled Response to Motion. Respondents Roy Swearingen and Afsan Hadadroshan' Opposition to Motion to Stay Pursuant to N.R.A.P. 8. In response to court order issued 02/02/06. 06-04214
02/24/2006AppendixFiled Appendix. Respondents Roy Swearingen and Afsan Hadadroshan' Appendix to Opposition to Motion to Stay Pursuant to N.R.A.P. 8. 06-04217
02/27/2006Notice/OutgoingIssued Notice to File Docketing Statement.
03/15/2006Docketing StatementFiled Docketing Statement. 06-05592
03/20/2006Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlment Judge. 06-05923
03/28/2006Order/ProceduralFiled Order Granting Motion. for Stay. We conclude that the stay should remain in effect and, therefore, appellant may retain possession of the residence at issue for the duration of this appeal, provided that she remits $800 monthly rental payment to respondents' counsel. Respondents' request for a supersedeas bond is denied. 06-06498
05/22/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 06-10771
05/23/2006Notice/Outgoing Letter. William C. Turner (Amended Notice of Appeal).
06/01/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 06-11473
06/09/2006Settlement 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. During the pendency of the settlement proceedings, court reporter Norma Jean Silverman filed certified copies of transcripts for proceedings conducted on November 17, November 30, December 9 and December 22, 2005. Appellant: 15 days to comply with NRAP 9(a) or file a notice that no additional transcripts will be requested. Appellant: 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 06-12119
06/14/2006Other Returned Mail. Settlement Conference Status Report addressed to Kirk Hughes & Associates remailed to same address.
06/19/2006Order/ProceduralFiled Order/Show Cause. Appellant shall have 15 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule and the time to comply with NRAP 9(a) in this appeal shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. 06-12753
07/10/2006MotionFiled Response to Order to Show Cause. Points and Authorities Supporting Supreme Court Jurisdiction. 06-14130
08/08/2006Order/ProceduralFiled Order/Briefing Reinstated. Order Allowing Appeal to Proceed and Reinstating Brief. We conclude that this court has jurisdiction to review this appeal. In the event appellant intends to cite to transcripts in addition to those filed during the settlement proceedings, appellant shall, within 15 days, file and serve a transcript request form or notice that no additional transcripts will be requested. fn2[During the pendency of the settlement proceedings, court reporter Silverman filed certified copies of transcripts for proceedings conducted on November 17, November 30, December 9, and December 22, 2005.] Opening brief and appendix due: 90 days. 06-16461
08/28/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: September 28 & 29, 2005, and January 18, 2006. To Court Reporter: Department XXI. 06-17775
09/14/2006Transcript RequestFiled Request for Transcript of Proceedings. Amended Certificate of Request for Transcripts. Transcripts requested: 09/29/06 and 01/18/06. To Court Reporter: Norma Jean Silverman. 06-18993
10/20/2006TranscriptFiled Transcript. Proceedings: 09/29/05 and 01/18/05. Court Reporter: Norma Jean Silverman. 06-21692
11/08/2006MotionFiled Motion and Order Extending Time. Brief due: 11/27/06. 06-22805
12/06/2006MotionFiled Motion to Dismiss Appeal. Respondents Roy Swearingen and Afsan Hadadroshan's Motion to Dismiss Appeal and to Lift Order Staying Execution pursuant to NRAP 31. 06-24947
01/12/2007MotionFiled Motion. Filed Respondents Roy Swearingen and Afsan Hadadroshan's Emergency Motion to Lift Order Granting Stay. 07-00968
02/09/2007Order/ProceduralFiled Order. we vacate the stay imposed by our March 28 order. fn1-[We defer resolving respondents' December 6, 2006 motion to dismiss this appeal for appellant's failure to file an opening brief.] 07-03294
03/02/2007Filing Fee Returned Filing Fee. Check No. 14577 in the amount of $150.00 returned to Geraldine Kirk-Hughes. No fee is required for a reconsider of a procedural order.
03/02/2007MotionFiled Motion. for Rehearing of the Court's February 9, 2007, Order Vacating Order Graning Stay. 07-05050
03/21/2007MotionFiled Response to Motion. Roy Swearingen and Afsan Hadadroshan's Opposition to Appellant Michelle Derichme's Motion for Rehearing of the Court's February 9, 2007, Order Vacating Order Granting Stay. 07-06491
04/09/2007Order/ProceduralFiled Order Denying Motion. for Reconsideration. On February 9, 2007, we entered an order vacating the stay imposed by our March 28 order. Now appellant has filed a motion requesting that we reconsider our February 9 order vacating the stay. After reviewing the motion and opposition, we deny it. fn1[We defer resolving respondents' December 6, 2006 motion to dismiss this appeal for appellant's failure to file the opening brief. 07-07883
04/13/2007MotionFiled Motion to Extend Time. Appellant's Renewed Motion for Enlargement of Time in Which to File Opening Brief. 07-08305
04/23/2007Notice/IncomingFiled Proof of Service. - Receipt of Copies (Appellant's Motion for Enlargement of Time in Which to File Opening Brief; Appellant's Motion for Decision Submitted on the Record, Appellant's Opening Brief; and Appellant's Appendix, Vols. I through IV). 07-09062
04/25/2007MotionFiled Response to Motion. Respondent Roy Sweringen and Afsan Hadadroshan's Opposition to Appellant Mechelle Derichme's Motion for Enlargment of Time in which to File Opening Brief. 07-09256
05/15/2007Order/ProceduralFiled Order. We deny Swearingen's and Hadadroshan's motion to dismiss this appeal. As this court's order of February 9, 2007, lifted the stay previously imposed in this case, we deny as moot the request to lift the stay included in the motion to dismiss appeal. The clerk shall file the opening brief and appendix received on April 13, 2007. Answering brief due: 30 days. 07-10749
05/15/2007BriefFiled Opening Brief. 07-08307
05/15/2007AppendixFiled Appendix to Opening Brief. Volumes 1 through 4. 07-08308
06/14/2007BriefFiled Answering Brief. 07-13018
06/14/2007AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 07-13019
07/10/2007Case Status Update Briefing Completed. No reply brief filed.
01/15/2008Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. SNP08-JH/RP/MD. 08-01022
01/15/2008Case Status Update Submitted for Decision.
02/14/2008Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Fn11 [In accordance with our dispositional order today, we vacate our previous March 28, 2006, order staying the district court's post-judgment order denying specific performance.] SNP08-JH/RP/MD 08-03704
03/11/2008RemittiturIssued Remittitur. 08-04935
03/11/2008Case Status Update Remittitur Issued/Case Closed.
03/14/2008RemittiturFiled Remittitur. Received by County Clerk on March 11, 2008. 08-04935