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United States Court Cases

Nevada Supreme/Appellate Court Record

HAWLEY VS. KAUFMAN C/W 46705/46706

Case Information: 46634
Short Caption:HAWLEY VS. KAUFMAN C/W 46705/46706Court:Supreme Court
Consolidated:46634*, 46705 , 46706 Related Case(s): 46705 , 54583 , 55765 , 59797
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0206866
Washoe Co. - Second Judicial District - CV0207137
Classification:Civil Appeal - General - Other
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/25/2006 / 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
01/20/2006OtherDisqualification of Justice Hardesty. Sat in district court proceedings.
01/20/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices of Jack I. McAuliffe, Chtd.--check no. 7800.
01/20/2006Notice 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.) 06-01514
01/25/2006Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge:Patrick O. King . (Briefing and preparation of transcripts suspended pending further order of this court.)
02/03/2006Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 06-02547
02/07/2006Notice/IncomingFiled Proof of Service. Affidavit of Mailing served docketing statement upon Settlement Judge Patrick King. 06-02710
04/10/2006Notice/IncomingFiled Substitution of Attorneys. Molof & Vohl in the place and stead of Hale, Lane firm as counsel for respondent. 06-07472
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. 06-11292
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. 46705 and 46706 for purposes of disposition.] 06-12665
06/28/2006Transcript RequestFiled Certificate of No Transcript Request. 06-13359
08/22/2006BriefFiled Opening Brief. 06-17467
08/22/2006AppendixFiled Joint Appendix. Vols. 1 and 2. 06-17468
09/22/2006BriefFiled Answering Brief. 06-19499
10/19/2006BriefFiled Reply Brief. 06-21575
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) 07-21375
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) 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) 07-23342
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. 08-01820
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 Respondent due: 15 days. 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/ProceduralFiled Order. 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. 08-11502
05/13/2008MotionFiled Motion to Extend Time. Request for Extension of Time to File Petition for En Banc Reconsideration. Nos. 46634/46705/46706. 08-11944
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. 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.] 08-14187
06/05/2008Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Nos. 46634/46705/46706. (08-13853) 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. 46705/46706. 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). 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
09/30/2008RemittiturIssued Remittitur. 08-23520
09/30/2008Case Status Update Remittitur Issued/Case Closed.
10/08/2008RemittiturFiled Remittitur. Received by County Clerk on October 1, 2008. 08-23520