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United States Court Cases

Nevada Supreme/Appellate Court Record

MITCHELL VS. SPRING CREEK ASS'N C/W 43583

Case Information: 42841
Short Caption:MITCHELL VS. SPRING CREEK ASS'N C/W 43583Court:Supreme Court
Consolidated:42841*, 43583 Related Case(s): 43583
Lower Court Case(s):Elko Co. - Fourth Judicial District - 31387Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/05/2004 / Worrell, CarolynSP Status:Completed
Oral Argument:11/09/2006 at 2:00 PMOral Argument Location:The National Judicial College
Submission Date:11/09/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/26/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Thomas L. Stringfield Law Offices--check no. 7917.
02/26/2004Notice 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.) 04-03673
03/05/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/15/2004Docketing StatementFiled Docketing Statement. 04-04854
03/17/2004Notice/Outgoing Letter. Carolyn Worrell. (docketing statement)
08/05/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 42841/43583-cases are not consolidated. 04-14161
09/29/2004Notice/IncomingFiled Notice. Notice filed in No. 43583. (04-14162)
02/11/2005Order/ProceduralFiled Order. Consolidating Appeals and Re: Conclusion of Settlement Proceedings and Banrkruptcy Filing. These appeals arise from the same district court case and involve the same parties. We conclude that in the interest of judicial economy, these appeals should be consolidated. Accordingly, we consolidate these appeals for all appellate purposes. The settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement of these matters. Accordingly, the settlement proceedings are concluded. Counsel for appellants has filed a notice in Docket No. 43583 indicating that appellants in these consolidated appeals have filed a bankruptcy petition. An appeal, however, is subject to the automatic stay only if the debtor was the defendant in the underlying trial court action. Thus, it appears the automatic stay applies to these consolidated appeals. Accordingly, briefing and the requesting of transcripts are stayed pending further order of this court. Counsel for appellants shall file a status report within 60 days from the date of this order informing this court of the status of the bankruptcy proceedings and specifically stating whether these appeals continue to be stayed. Nos. 42841/43583. (05-02768) 05-02768
03/25/2005Letter/IncomingFiled Letter. from Robert Eisenberg. He will be represent appellants in this matter - counsel will not be substituted in for Tom Stringfield. Nos. 42841/43583. 05-05846
04/13/2005Notice/IncomingFiled Status Report. Appellants' Status Report Regarding Bankruptcy Proceedings. Nos. 42841/43583. 05-07250
06/02/2005Notice/IncomingFiled Status Report. Nos. 42841/43583 - Copy of United States Bankruptcy Court Order Attached. 05-10863
06/21/2005Order/ProceduralFiled Order/Briefing Reinstated. On June 2, 2005, appellants filed a second status report regarding the bankruptcy proceedings. Cause appearing, these appeals shall proceed. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days from the date of this order to file the opening brief and appendix. Thereafter, briefing shall proceed pursuant to NRAP 31(a)(1). Nos. 42841/43583. (05-12159) 05-12159
06/29/2005Transcript RequestFiled Certificate of No Transcript Request. Nos. 42841/43583. 05-12901
09/19/2005MotionFiled Motion and Order Extending Time. Brief due: October 19, 2005. Nos. 42841/43583. 05-18613
10/20/2005MotionFiled Motion to Extend Time. Second Request. Nos. 42841/43583. 05-20830
10/25/2005Order/ProceduralFiled Order Granting Motion. Opening brief and appendix due: November 18, 2005. No further extensions of time shall be permitted. Nos. 42841/35583. (05-21097) 05-21097
11/08/2005MotionFiled Motion and Order/Excess Pages. Granted: 31 pages. Nos. 42841/43583. 05-22020
11/08/2005BriefFiled Opening Brief. Nos. 42841/43583. 05-22021
11/08/2005AppendixFiled Joint Appendix. Vols. 1 through 7. Nos. 42841/43583. 05-22022
11/28/2005MotionFiled Stipulation and Order. Brief due: January 9. 2006. 05-23279
01/04/2006BriefFiled Answering Brief. Alpark Petroleum. Nos. 42841/43583. 06-00190
01/10/2006BriefFiled Answering Brief. Spring Creek. Nos. 42841/43583. 06-00691
02/03/2006MotionFiled Motion. Motion to Clarify Briefing Schedule and for Extension of Time for Reply Brief. Nos. 42841/43583. (06-02546) 06-02546
03/08/2006Notice/OutgoingIssued Notice of Modification of Caption. (Deleted Conseco Finance Servicing Corporation 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. Nos. 42841/43583
03/13/2006Order/ProceduralFiled Order Granting Motion. Reply brief due: 10 days. Nos. 42841/43583. (06-05385) 06-05385
03/22/2006BriefFiled Reply Brief. Nos. 42841/43583. 06-06123
07/31/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 6, 2006, at 11:00 a.m. (NNP07-NB/JH/RP) (Nos. 42841/43583)
08/10/2006MotionFiled Motion. Nos. 42841/43583. (06-16701) 06-16701
08/15/2006Order/ProceduralFiled Order Rescheduling Oral Argument. Order Continuing Oral Argument. We grant respondent Spring Creek Associations motion. We hereby vacate the oral argument presently scheduled for September 6, 2006 at 11:00 a.m., and direct the clerk to schedule this appeal for oral argument before the Northern Nevada panel on the next scheduled argument date. Argument shall be limited to 30 minutes. Nos. 42841/43583. (06-16968) 06-16968
08/17/2006MotionFiled Response to Motion. Respondent Alpark Petroleum's Notice of Non-Opposition. Nos. 42841/43583. (No action required). 06-17204
09/14/2006Letter/IncomingFiled Letter. from David M. Stanton requesting that this matter not be scheduled for oral argument in October. Nos. 42841/43583. 06-18964
09/28/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on November 9, 2006, at 2:00 p.m. (NNP07-NB/JH/RP) (Nos. 42841/43583)
10/25/2006Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 42841/43583)
11/09/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP07-NB/JH/RP. Nos. 42841/43583.
12/26/2006Order/DispositionalFiled Dispositional Order/Appeal. "ORDER the judgment of the district court AFFIRMED IN PART as to the order granting summary judgment in favor of respondents AND REVERSED IN PART as to the order awarding respondents attorney fees." NNP07B-NB/JH/RP Nos. 42841/43583 06-26352
12/29/2006MotionFiled Motion to Extend Time. Nos. 42841/43583 06-26671
01/04/2007Order/Clerk'sFiled Clerk's Order Granting Motion. Appellants shall have until January 25, 2007, to file and serve the petition for rehearing. Nos. 42841/43583. (07-00272) 07-00272
04/11/2007Order/ProceduralFiled Order. Directing Clerk to Issue Remittitur. On January 4, 2007, the clerk entered an order granting appellants' motion and directing appellants to file any petition for rehearing by January 25, 2007. As appellants have failed to file a petition for rehearing within the allotted extension of time, we direct the clerk to issue the remittitur. Nos. 42841/43583. (07-08074) 07-08074
04/11/2007RemittiturIssued Remittitur. 07-08081
04/11/2007Case Status Update Remittitur Issued/Case Closed.
04/17/2007RemittiturFiled Remittitur. Received by County Clerk on April 13, 2007. 07-08081