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United States Court Cases

Nevada Supreme/Appellate Court Record

PECCOLE VS. FORE STARS, LTD. C/W 72455

Case Information: 72410
Short Caption:PECCOLE VS. FORE STARS, LTD. C/W 72455Court:Supreme Court
Consolidated:72410*, 72455 Related Case(s): 71550 , 71608 , 72410-COA , 72455 , 72455-COA , 75396
Lower Court Case(s):Clark Co. - Eighth Judicial District - A739654Classification:Civil Appeal - General - Other
Disqualifications:Cherry, Hardesty, Parraguirre, PickeringCase Status:Remittitur Issued/Case Closed
Replacement:Justice Stiglich for Justice Hardesty
Justice Douglas for Chief Justice Pickering
Panel Assigned: Panel
To SP/Judge:02/22/2017 / Shirinian, AraSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/21/2017Filing FeeFiling Fee Paid. $250.00 from Robert N. Peccole Sr., Esq. Check no. 1183.
02/21/2017Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 17-05966
02/21/2017Notice/OutgoingIssued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. 17-05970
02/22/2017Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Ara H. Shirinian. 17-06228
03/06/2017Docketing StatementFiled Docketing Statement Civil Appeals. 17-07503
03/06/2017Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge (Docketing Statement). 17-07507
03/06/2017ExhibitFiled Exhibits to Docketing Statement Amended Complaint. 17-07515
03/06/2017ExhibitFiled Exhibits to Docketing Statement Letter from Hacket. 17-07517
03/06/2017ExhibitFiled Exhibits to Docketing Statement Letter to Hacket. 17-07518
03/06/2017ExhibitFiled Exhibits to Docketing Statement Defendants Supplement. 17-07519
03/06/2017ExhibitFiled Exhibits to Docketing Statement Response to Supplement. 17-07520
03/06/2017ExhibitFiled Exhibits to Docketing Statement Minute Order. 17-07522
03/06/2017ExhibitFiled Exhibits to Docketing Statement Notice of Entry of Order. 17-07525
03/06/2017ExhibitFiled Exhibits to Docketing Statement Order and Judgment Granting Attorney Fees. 17-07526
03/08/2017Notice/IncomingFiled Certificate of Service upon Settlement Judge (Docketing Statement). 17-07833
03/09/2017Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 3/24/17 at 10:00 a.m. 17-08087
03/14/2017Notice/IncomingFiled Errata to the Docketing Statement. 17-08539
03/15/2017Docketing StatementFiled Respondent's Response to Appellant's Docketing Statement. 17-08636
03/31/2017Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 17-10834
06/21/2017Order/ProceduralFiled Order Consolidating Appeals, Directing Appellants to Show Cause, and Denying Motion for Stay. We consolidate these appeals for all appellate purposes. Appellants shall have 30 days from the date of this order within which to show cause why the appeal in Docket No. 72455 should not be dismissed for lack of jurisdiction. Respondents may file any reply within ten days from the date that appellants' response is served. Appellants have filed a motion to stay enforcement of the order appealed from in Docket No. 72455 pending resolution of that appeal. Respondents oppose the motion. Appellants have filed a reply. Having considered the motion, opposition, and reply, we conclude that appellants have failed to demonstrate that a stay is warranted at this time, and we therefore deny the stay. fn2[No good cause appearing, appellants' motion to direct the district court clerk to transmit the video recording of the January 31, 2017, hearing is denied without prejudice to appellants' right to refile it if the issue becomes significant to the issues on appeal.] Nos. 72410/72455. 17-20636
07/07/2017MotionFiled Appellants' Show Cause as to Why Appeal, Docket 72455 Should Not Be Dismissed. Nos. 72410/72455. 17-22555
07/24/2017MotionFiled Respondents Reply to Appellant's Show Cause Statement and In Support of Order to Show Cause and Dismissal of Case No. 72455. Nos. 72410/72455. 17-24357
08/24/2017OtherJustice James W. Hardesty disqualified from participation in this matter. Disqualification Reason: Parties.
08/24/2017OtherJustice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal.
11/09/2017OtherChief Justice Michael A. Cherry disqualified from participation in this matter. Disqualification Reason: Parties
11/09/2017OtherJustice Michael L. Douglas disqualified from participation in this matter. Disqualification Reason: Parties
11/09/2017OtherJustice Mark Gibbons disqualified from participation in this matter. Disqualification Reason: Parties
11/09/2017OtherJustice Kristina Pickering disqualified from participation in this matter. Disqualification Reason: Parties
12/06/2017Order/ProceduralFiled Order Recalling Disqualifications. On November 9, 2017, a notice was entered disqualifying Justice Michael Douglas and Justice Mark Gibbons from participating in this matter. Further review has revealed that those disqualifications were inadvertently entered. Accordingly, the disqualifications entered for Justice Douglas and Justice Gibbons are hereby recalled and they will participate in this matter. Nos. 72410/72455. 17-42022
12/08/2017OtherChief Justice Michael A. Cherry disqualified from participation in this matter. Disqualification Reason: Parties
12/22/2017Order/ProceduralFiled Order Dismissing Appeal in Part and Reinstating Briefing. We dismiss the appeal in Docket No. 72455 as to the order entered November 30, 2016. The consolidated appeals shall proceed from the order entered January 31, 2017, order granting respondents' motion for attorney fees and costs. Transcript Request Form due: 15 days. Opening Brief and Appendix due: 90 days. Nos. 72410/72455. 17-44203
12/27/2017Transcript RequestFiled Certificate of No Transcript Request. Nos. 72410/72455. 17-44674
01/10/2018MotionFiled Respondents' Motion for Clarification of Order Filed December 22, 2017. Nos. 72410/72455. 18-01332
01/16/2018MotionFiled Appellants' Response to Respondents' Motion for Clarification of Order. Nos. 72410/72455. 18-02043
01/23/2018MotionFiled Respondents' Reply in Support of Respondents, Fore Stars, Ltd., 180 Land Co., LLC, Seventy Acres LLC, EHB Companies, LLC, Yohan Lowie, Vickie Dehart; and Frank Pankratz's Motion for Clarification of Order Filed December 22, 2017. Nos. 72410/72455. 18-03069
02/01/2018Order/ProceduralFiled Order Denying Motion. We conclude that respondents' proposed clarifications are closely related to or intertwined with the substantive merits of the appeal and are therefore not a proper basis for resolution at this point in the proceedings. Accordingly, we deny the motion for clarification. Nos. 72410/72455. 18-04372
02/16/2018BriefFiled Appellant's Opening Brief. Nos. 72410/72455 18-06453
02/16/2018AppendixFiled Appendix to Opening Brief, Vol. 1. Nos. 72410/72455 18-06488
02/16/2018AppendixFiled Appendix to Opening Brief, Vol. 2. Nos. 72410/72455 18-06489
02/16/2018AppendixFiled Appendix to Opening Brief , Vol. 2 (cont...). Nos. 72410/72455 18-06490
02/16/2018AppendixFiled Appendix to Opening Brief, Vol. 3. Nos. 72410/72455 18-06491
02/16/2018AppendixFiled Appendix to Opening Brief, Vol. 4. Nos. 72410/72455 18-06492
03/19/2018MotionFiled Respondents' Motion For Extension Of Time To File Respondents' Answering Brief And Appendix. Nos. 72410/72455. 18-10514
03/19/2018Notice/OutgoingIssued Notice Motion/Stipulation Approved. Respondents' Answering Brief due: April 18, 2018. Nos. 72410/72455. 18-10516
04/19/2018Notice/OutgoingIssued Notice of Deficient Brief. Corrected Answering Brief due: 5 days. Nos. 72410/72455. 18-15082
04/19/2018AppendixFiled Respondents' Appendix - Master Index. Nos. 72410/72455. 18-15077
04/19/2018AppendixFiled Respondents' Appendix Volume 1. Nos. 72410/72455. 18-15078
04/19/2018AppendixFiled Respondents' Appendix Volume 2 Part 1. Nos. 72410/72455. 18-15080
04/19/2018AppendixFiled Respondents' Appendix Volume 2 Part 2. Nos. 72410/72455. 18-15143
04/19/2018AppendixFiled Respondents' Appendix Volume 3. Nos. 72410/72455. 18-15144
04/19/2018AppendixFiled Respondents' Appendix Volume 4 Part 1. Nos. 72410/72455. 18-15146
04/19/2018AppendixFiled Respondents' Appendix Volume 4 Part 2. Nos. 72410/72455. 18-15151
04/19/2018AppendixFiled Respondents' Appendix Volume 5. Nos. 72410/72455. 18-15152
04/19/2018AppendixFiled Respondents' Appendix Volume 6. Nos. 72410/72455. 18-15154
04/19/2018AppendixFiled Respondents' Appendix Volume 7. Nos. 72410/72455. 18-15155
04/19/2018AppendixFiled Respondents' Appendix Volume 8. Nos. 72410/72455. 18-15156
04/19/2018AppendixFiled Respondents' Appendix Volume 9 Part 1. Nos. 72410/72455. 18-15157
04/19/2018AppendixFiled Respondents' Appendix Volume 9 Part 2. Nos. 72410/72455. 18-15158
04/19/2018AppendixFiled Respondents' Appendix Volume 10. Nos. 72410/72455. 18-15159
04/19/2018AppendixFiled Respondents' Appendix Volume 11. Nos. 72410/72455. 18-15160
04/19/2018AppendixFiled Respondents' Appendix Volume 12. Nos. 72410/72455. 18-15161
04/19/2018AppendixFiled Respondents' Appendix Volume 13. Nos. 72410/72455. 18-15162
04/23/2018BriefFiled Respondents' Answering Brief. Nos. 72410/72455. 18-15384
04/27/2018BriefFiled Appellant's Reply Brief. Nos. 72410/72455. 18-16150
04/27/2018Case Status UpdateBriefing Completed/To Screening. Nos. 72410/72455.
05/17/2018MotionFiled Respondents' Motion for Leave to File Reply Brief. Nos. 72410/72455. 18-18934
05/18/2018MotionFiled Appellants' Opposition to Motion for Leave to File Reply Brief. Nos. 72410/72455. 18-19127
05/23/2018Order/ProceduralFiled Order Denying Motion. The clerk of this court shall return, unfiled, the sur-reply received on May 17, 2018. Nos. 72410/72455. 18-19763
06/07/2018Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. Nos. 72410/72455 18-21708
07/16/2018Order/ProceduralFiled Order Rescinding Transfer to Court of Appeals. On June 7, 2018, these consolidated appeals were transferred to the court of appeals. After transferring the appeals, it was discovered that Chief Judge Silver and Judge Tao are disqualified from participating in the decision in these matters. Accordingly, we rescind the June 7, 2018, transfer order and recall these consolidated appeals to this court for resolution. 18-26968
07/16/2018MotionFiled Appellant's Renewed Motion for Stay Pending Appeal. Nos. 72410/72455. (TRANSFERRED FROM COURT OF APPEALS PER THE ORDER ENTERED 7/16/18). 18-26969
07/26/2018MotionFiled Respondents' Opposition to Appellants' Renewed Motion for Stay Pending Appeal and Countermotion for Attorneys' Fees and Costs. Nos. 72410/72455. 18-28643
07/26/2018MotionFiled Appellants' Reply to Respondents' Opposition to Appellants' Renewed Motion for Stay Pending Appeal and Countermotion for Attorneys' Fees and Cost. Nos. 72410/72455. 18-28837
08/03/2018MotionFiled Respondents' Reply in Support of Countermotion for Attorneys' Fees and Costs. Nos. 72410/72455. 18-29783
08/24/2018Order/ProceduralFiled Order Denying Motions. Appellants have filed a "renewed" motion to stay certain district court orders pending resolution of this appeal. The motion for stay is denied without prejudice. fn2 [Respondents' motion for fees and costs pursuant to NRAP 38 is denied.] Nos. 72410/72455. 18-33119
10/02/2018Order/ProceduralFiled Notice of Voluntary Disclosure. The undersigned justices make the following voluntary disclosure: Mr. Yohan Lowie, through an entity in which he is a principal, LV Land Company LLC, is the landlord for the Nevada Supreme Court and Nevada Court of Appeal offices located at 408 East Clark Street, Las Vegas, Nevada. None of the undersigned have any personal or business relationships with Mr. Lowie or any entity in which he is a principal. Chief Justice Douglas and Justice Gibbons recused themselves from participation in Case No. 73813, which involved several entities in which Mr. Lowie is a principal, because of their relationships to other parties in that case. Specifically, Dr. Thomas and Dr. Bigler have been treating doctors for Chief Justice Douglas and Sandra Gibbons, spouse of Justice Mark Gibbons. The undersigned have previously advised the Standing Committee for Judicial Ethics of these facts and that they will continue to participate in this litigation pursuant to the duty to sit. Nos. 72410/72455. 18-38384
10/17/2018Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP18-MD/MG/LS. Nos. 72410/72455. 18-40859
10/18/2018Post-Judgment PetitionFiled Appellants' Petition for Rehearing. Nos. 72410/72455. 18-41063
10/18/2018Filing FeeFiling fee paid. E-Payment $150.00 from Robert N. Peccole. No. 72410/72455.
10/24/2018Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Respondents' Answer due: 15 days. Nos. 72410/72455. 18-41830
11/09/2018Post-Judgment PetitionFiled Respondents' Answer to Petition for Rehearing. Nos. 72410/72455. (SC) 18-903576
11/13/2018MotionFiled Appellants' Motion Requesting Leave to File a Reply to Respondents' Answer to Motion for Rehearing. Nos. 72410/72455. (SC). 18-903839
11/16/2018MotionFiled Respondents' Opposition to Appellants' Motion Requesting Leave to File a Reply to Respondents' Answer to Motion for Rehearing. Nos. 72410/72455. (SC) 18-904541
11/16/2018MotionFiled Appellants' Reply to Respondents' Opposition to Appellants' Motion Requesting Leave to File a Reply to Respondents' Answer to Appellants' Petition for Rehearing. Nos. 72410/72455. (SC) 18-904672
11/27/2018Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[We grant appellants' November 13, 2018, motion for leave to file a reply and direct the clerk of the court to file the reply submitted by appellants. We have considered the reply in reaching our decision.] Nos. 72410/72455. (SC) 18-905933
11/27/2018Post-Judgment PetitionFiled Appellants' Reply to Respondents' Answer to Petition for Rehearing. Nos. 72410/72455. (SC) 18-905936
11/29/2018MotionFiled Appellants' Motion - "Renewed Petition for Rehearing". Nos. 72410/72455. (SC) 18-906267
12/11/2018MotionFiled Respondents' Response to Renewed Petition for Rehearing and Countermotion for Sanctions and Attorneys' Fees and Costs. Nos. 72410/72455. (SC) 18-908069
12/13/2018MotionFiled Appellants' Reply to Respondents' Opposition to Appellants' Petition for Renewed Petition for Rehearing and Objection to Respondents' Request for Sanctions and Attorneys' Fees and Costs. Nos. 72410/72455. (SC) 18-908545
01/17/2019MotionFiled Appellants' Motion Requesting that the Court Take Judicial Notice. Nos. 72410/72455. (SC) 19-02782
01/30/2019MotionFiled Respondents' Opposition to Appellants' Motion Requesting That the Court Take Judicial Notice. Nos. 72410/72455. (SC) 19-04584
01/30/2019MotionFiled Appellants' Reply to Opposition to Appellants Motion Requesting that the Court take Judicial Notice. Nos. 72410/72455. (SC) 19-04654
02/19/2019Order/ProceduralFiled Order. Appellants have filed a document requesting this court withdraw its order and that the matter be reconsidered by appointed senior judges. Appellants' request is denied. respondents' motion for sanctions and attorney fees and costs is denied. fn1 [Appellants' motion to take judicial notice is denied.] Nos. 72410/72455. (SC). 19-07477
02/19/2019RemittiturIssued Remittitur. Nos. 72410/72455 (SC) 19-07634
02/19/2019Case Status UpdateRemittitur Issued/Case Closed. Nos. 72410/72455 (SC)
03/14/2019RemittiturFiled Remittitur. Received by District Court Clerk on February 25, 2019. (SC) 19-07634