Oxbow Constr. v. Eighth Jud. Dist. Ct.

61558: Case View

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Cases Case Search Participant Search Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 61558 Short Caption: OXBOW CONSTR. VS. DIST. CT. (THE REGENT AT TOWN CENTRE HOMEOWNERS' ASSOC.) C/W 61941 Classification: Original Proceeding - Civil - Mandamus/Prohibition Consolidated: 61558*, 61941 Related Case(s): 61941 Lower Court Case(s): Clark Co. - Eighth Judicial District - A630845 Case Status: Notice in Lieu of Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: To SP/Judge: SP Status: Oral Argument: 03/03/2014 at 10:30 AM Oral Argument Location: Regional Justice Center Submission Date: 03/03/2014 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Petitioner Oxbow Construction, LLC Robert C. Carlson, Jr. (Koeller Nebeker Carlson & Haluck, LLP/Las Vegas) Megan K. Dorsey (Koeller Nebeker Carlson & Haluck, LLP/Las Vegas) Real Party in Interest The Regent at Town Centre Homeowners' Association Daniel H. Clifford (Feinberg Grant Mayfield Kaneda & Litt, LLP) Respondent Allan R. Earl Respondent The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark 14-34365: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 08/24/2012 Filing Fee E-Payment $250.00 from Megan K. Dorsey. 08/24/2012 Petition/Writ Filed Oxbow Construction, LLC's Petition for Writ of Mandamus or, In the Alternative, Writ of Prohibition. 12-26788 08/24/2012 Appendix Filed Appendix to Petition for Writ - Volume 1. 12-26789 08/24/2012 Appendix Filed Appendix to Petition for Writ - Volume 2. 12-26790 08/24/2012 Appendix Filed Appendix to Petition for Writ - Volume 3. 12-26791 08/24/2012 Appendix Filed Appendix to Petition for Writ - Volume 4. 12-26792 08/24/2012 Notice/Incoming Filed Proof of Service of Petition for Writ of Mandamus or, In the Alternative, Writ of Prohibition. 12-26878 09/20/2012 Order/Procedural Filed Order/Answer Writ Petition. Answer due: 30 days. Petitioner shall have 15 days from service of the answer to file and serve any reply. 12-29781 10/19/2012 Petition/Writ Filed Answer to Petition for Writ Answer to Petition for Writ of Mandamus or Alternatively Writ of Prohibition 12-33234 10/19/2012 Motion Filed Motion for Judicial Notice, Volume 1. 12-33232 10/19/2012 Other Incoming Document Filed Supplement to Motion for Judicial Notice, Volume 2. 12-33235 10/19/2012 Other Incoming Document Filed Supplement toMotion for Judicial Notice, Volume 3. 12-33238 10/19/2012 Other Incoming Document Filed Supplement to Motion for Judicial Notice, Volume 4. 12-33239 10/19/2012 Other Incoming Document Filed Supplement to Motion for Judical Notice, Volume 5. 12-33241 10/19/2012 Other Incoming Document Filed Supplement to Motion for Judicial Notice, Volume 6. 12-33242 10/19/2012 Other Incoming Document Filed Supplement to Motion for Judicial Notice, Volume 7. 12-33243 10/22/2012 Appendix Filed Appendix for Answer to Petition for Writ Vol 1 (part 1). 12-33324 10/22/2012 Appendix Filed Appendix for Answer to Petition for Writ Vol 1 (part 2). 12-33393 10/22/2012 Appendix Filed Appendix for Answer to Petition for Writ Vol 2. 12-33325 10/22/2012 Appendix Filed Appendix for Answer to Petition for Writ Vol 3. 12-33326 10/22/2012 Appendix Filed Appendix for Answer to Petition for Writ Vol 4. 12-33327 10/25/2012 Petition/Writ Filed Association's Supplement to Answer to Petition for Writ of Mandamus or Alternatively Writ of Prohibition. 12-33838 10/30/2012 Motion Filed Petitioner Oxbow Construction, LLC's Opposition to Real Party in Interest's Motion for Judicial Notice. 12-34189 10/30/2012 Notice/Incoming Filed Proof of Service of Petitioner Oxbow Construction, LLC's Opposition to Real Party in Interest's Motion for Judicial Notice. 12-34287 10/30/2012 Motion Filed Petitioner Oxbow Construction, LLC's Motion for Extension of Time to File Reply to Petition for Writ of Mandamus or Alternatively Writ of Prohibition Pursuant to NRAP 26(b)(1). 12-34288 10/30/2012 Notice/Incoming Filed Proof of Service of Petitioner Oxbow Construction, LLC's Motion for Extension of Time to File Reply to Petition for Writ of Mandamus or Alternatively Writ of Prohibition Pursuant to NRAP 26(b)(1). 12-34316 10/31/2012 Motion Filed Association's Reply to Oxbow's Objection to Association's Motion for Judicial Notice. 12-34352 10/31/2012 Motion Filed Association's Opposition to Oxbow's Motion for an Extension of Time to Reply to the Association's Answer to Writ of Mandamus. 12-34353 10/31/2012 Motion Filed Association's Motion for Consolidation. Case nos. 61558/61941. 12-34384 11/05/2012 Motion Filed Petitioner Oxbow Construction, LLC's Reply in Support of It's Motion for Extension of Time to File Reply to Petition for Writ of Mandamus or Alternatively Writ of Prohibition Pursuant to NRAP 26(b)(1). 12-34869 11/06/2012 Notice/Incoming Filed Proof of Service of Petitioner Oxbow Construction, LLC's Reply in Support of It's Motion for Extension of Time to File Reply to Petition for Writ of Mandamus or Alternatively Writ of Prohibition. 12-35118 11/14/2012 Motion Filed Oxbow Construction, LLC's Limited Response to The Regent at Town Center Homeowner's Association's Motion to Consolidate and Request for Extension of Time to File Answer to the Association's Petition. 12-36021 11/14/2012 Notice/Incoming Filed Proof of Service Petitioner Oxbow Construction, LLC'S Limited Response to the Regent at Town Center Homeowners' Association's Motion to Consolidate and Request for Extension of time to File Answer to the Association's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. 12-36082 11/26/2012 Motion Filed Oxbow Construction, LLC's Motion for Extension of Time to File Answer to The Regent at Town Centre Homeowners Association's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. 12-37257 11/27/2012 Notice/Incoming Filed Proof of Service of Petitioner Oxbow Construction, LLC's Motion for Extension of Time to File Answer to the Regent At Town Centre Homeowners' Association's Petition for Writ of Mandamus or Alternatively Writ of Prohibition Pursuant to NRAP 26(b)(1). 12-37369 12/13/2012 Notice/Incoming Filed Notice of Non-Opposition to Oxbow Construction, LLC's Motion for Extension of Time to File Answer to the Regent at Town Centre Homeowners' Association's Petition for Writ of Mandamus or Alternatively. 12-39309 12/14/2012 Notice/Incoming Filed Proof of Service of Notice of Non-Opposition to Oxbow Construction, LLC's Motion for Extension of Time to File Answer to the Regent at Town Centre Homeowners' Association's Petition for Writ of Mandamus or Alternatively Writ of Prohibition Pursuant to NRAP 26(b)(1). 12-39609 12/21/2012 Order/Procedural Filed Order Granting Motion to Consolidate, Granting Motions for Extensions of Time, and Granting In Part Motion for Judicial Notice. Oxbow shall have 30 days to file its reply in Docket number 61558 and its answer in Docket No. 61941. The Association shall have 30 days from the date Oxbow's answer is served in Docket No. 61941 to file any reply. As for the Association's motion for judicial notice, Oxbow's opposition is not based on any argument that the Association has failed to mee the standard for judicial notice. Accordingly, we grant the motion in part, and take judicial notice of the respective sales dates of each residential unit, as set forth in the "Sale Date" column of Exhibit 1 of the Association's answer in Docket No. 61558. As for the Business Entity Information, Front Gate Properties, LLC, document filed with the Secretary of State's office, the Association has failed to sufficiently identify the facts that it wants the court to take judicial notice of. We therefore deny the motion in this respect and decline to take judicial notice of the Business Entity Information document. Nos. 61558/61941. 12-40550 01/23/2013 Petition/Writ Filed Petitioner Oxbow Construction, LLC's Reply in Support of its Petition for Writ of Mandamus or Alternatively Writ of Prohibition. (Reply due in docket no. 61558) Nos. 61558/61941 13-02375 01/23/2013 Appendix Filed Petitioner Oxbow Construction, LLC's Appendix to Reply in Support of its Petition for Writ of Mandamus or Alternatively Writ of Prohibition. (Reply due in docket no. 61558) Nos. 61558/61941 13-02376 01/23/2013 Petition/Writ Filed Real Party in Interest, Oxbow Construction, LLC's Answer to Petitioner's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. (Answer due for 61941) Nos. 61558/61941. 13-02378 01/23/2013 Appendix Filed Real Party in Interest's Appendix to Answer to Petitioner's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. (Answer due for 61941) Nos. 61558/61941. 13-02379 01/24/2013 Notice/Incoming Filed Proof of Service of Filed Petitioner Oxbow Construction, LLC's Reply in Support of its Petition for Writ of Mandamus or Alternatively Writ of Prohibition and Petitioner, Oxbow Construction, LLC's Appendix to Reply in Support of It's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. 13-02614 01/24/2013 Notice/Incoming Filed Proof of Service of Filed Real Party in Interest, Oxbow Construction, LLC's Answer to the Regent at Town Centre Homeowners' Association's Petition for Writ of Mandamus or Alternatively Writ of Prohibition and Real Party in Interest Appendix to Answer to the Regent at Town Centre Homeowners' Association's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. 13-02615 02/21/2013 Petition/Writ Filed Association' Reply to Oxbow's Answer to the Association's Petition For Writ of Mandamus or Alternatively Writ of Prohibition. (Reply due 61941) Nos. 61558/61941 13-05457 02/21/2013 Motion Filed Association's Motion to File a Sur Reply to Oxbow's Reply to the Association's Answer to Oxbow's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. (61558) Nos. 61558/61941 13-05459 02/21/2013 Petition/Writ Received Association's Sur Reply (61558). Nos. 61558/61941 (RETURNED UNFILED PER ORDER FILED 4/29/13) 02/21/2013 Motion Filed Association's Motion to Strike Portions of Oxbow's Reply to the Assocition's Answer to the Petition for Writ of Mandamus or Alternatively Writ of Prohibition That Violate SCR 123. (61558) Nos. 61558/61941 13-05462 02/21/2013 Motion Filed Association's Motion to Strike Portions of Oxbow's Answer to the Petition for Writ of Mandamus or Alternatively Writ of Prohibition That Violate SCR 123. (61941) Nos. 61558/61941 13-05463 02/27/2013 Order/Clerk's Filed Order Granting Telephonic Extension. Petitioner Oxbow Construction, LLC shall have until March 11, 2013, to file and serve its oppositions to the three motions filed by real party in interest The Regent at Town Centre Homeowners' Association on February 21, 2013. The three motions are: 1) Association's Motion to File a Sur Reply to Oxbow's Reply to the Association's Answer to Oxbow's Petition for Writ of Mandamus or Alternatively Writ of Prohibition; 2) Association's Motion to Strike Portions of Oxbow's Reply to the Association's Answer to the Petition for Writ of Mandamus or Alternatively Writ of Prohibition That Violate SCR 123; and 3) Association's Motion to Strike Portions of Oxbow's Answer to the Petition for Writ of Mandamus or Alternatively Writ of Prohibition That Violate SCR 123. Nos. 61558/61941. 13-06094 03/12/2013 Motion Filed Real Party in Interest, Oxbow Construction, LLC's Opposition to the Regent at Town Centre Homeowners Association's Motions to Strike Portions of Oxbow's (1) Reply to the Association's Answer to the Petition for Writ of Mandamus or Alternatively Writ of Prohibition; and (2) Answer to the Petition for Writ of Mandamus or Alternatively Writ of Prohibition that Violate SCR 123. Nos. 61558/61941. 13-07371 03/12/2013 Motion Filed Real Party in Interest, Oxbow Construction, LLC's Opposition to Association's Motion to File Sur Reply to Oxbow's Reply to the Association's Answer to Oxbow's Petition for Writ of Mandamus or Alternatively Writ of Prohibition. Nos. 61558/61941. 13-07376 03/12/2013 Notice/Incoming Filed Proof of Service of Real Party in Interest, Oxbow Construction, LLC's Opposition to Association's Motion to File Sur Reply. 13-07434 03/12/2013 Notice/Incoming Filed Proof of Service of Real Party in Interst, Oxbow Construction, LLC's Opposition to the Regent at Town Centre Homeowners Assocition's Motion to Strike. 13-07435 03/13/2013 Motion Filed (Regent at Town Centre Homeowners') Association's Reply to Oxbow's Opposition to the Association's Motions to Strike. 13-07562 04/29/2013 Order/Procedural Filed Order Granting Motions to Strike and Motion for Leave to File Sur-Reply. The clerk of this court shall strike page 3, lines 13 through 20, and page 6, line 11 through page 8, line 22 of Oxbow's reply in Docket No. 61558, filed on January 23, 2013, and page 17, line 8, through page 19, line 16 of Oxbow's answer in Docket No. 61941, filed on January 23, 2013. The clerk of this court shall therefore, return, unfiled, the proposed sur-reply provisionally received in this court in February 21, 2013. The Regent: Sur-reply due: 11 days. Nos. 61558/61941 13-12466 05/07/2013 Petition/Writ Filed Association's Sur Reply Authorized By Order Dated April 29, 2013. 13-13410 05/23/2013 Motion Filed Oxbow Construction, LLC's Limited Objection to Association's Sur Reply. Nos. 61558/61941. 13-15279 07/01/2013 Order/Procedural Filed Order Denying Motion to Strike. Oxbow Construction, LLC filed a limited opposition to The Regent at Town Center Homeowners' Association's sur-reply brief, which we construe as a motion to strike. Having considered the motion, we deny it. Nos. 61558/61941. 13-19211 12/04/2013 Order/Clerk's Filed Order Re: Schedule Oral Argument. This matter will be scheduled for oral argument on the next available calendar. Nos. 61558/61941 13-36403 01/29/2014 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, March 3, 2014, @ 10:30 a.m. in Las Vegas for 30 minutes. Nos. 61558/61941. 14-03059 02/18/2014 Notice/Outgoing Issued Oral Argument Reminder Notice. Nos. 61558/61941. 14-05076 03/03/2014 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. Nos 61558/61941. 10/16/2014 Opinion/Dispositional Filed Authored Opinion. 'Petitions denied." Before the Court En Banc. Author: Douglas, J. Majority: Douglas/Gibbons/Pickering/Hardesty/Parraguirre/Cherry/Saitta. 130 Nev. Adv. Opn. No. 86. EN BANC Nos. 61558/61941 14-34365 11/10/2014 Remittitur Issued Notice in Lieu of Remittitur. Nos. 61558/61941. 14-36962 11/10/2014 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed. Nos. 61558/61941.