Byrd Underground, L.L.C. v. Angaur, L.L.C.

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Case Information: 61978
Short Caption:BYRD UNDERGROUND, LLC VS. ANGUAR, LLC (NRAP 5)Classification:Original Proceeding - NRAP 5 - U.S. Bankruptcy Court
Lower Court Case(s):NONECase Status:Notice in Lieu of Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:SP Status:
Oral Argument:05/05/2014 at 1:30 PMOral Argument Location:Carson City
Submission Date:05/05/2014How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
AppellantByrd Underground, LLCEric B. Zimbelman (Peel Brimley LLP/Henderson)
AppellantWells Cargo, Inc.Daniel T. Foley (Foley & Oakes, PC)
M. Nelson Segel
RespondentAngaur, LLCCraig S. Dunlap (Fennemore Craig Jones Vargas/Las Vegas)
RespondentBalaji Properties Investment, LLCCraig S. Dunlap (Fennemore Craig Jones Vargas/Las Vegas)
RespondentUS Bank National AssociationRachel E. Donn (Meier & Fine, LLC)
Glenn F. Meier (Meier & Fine, LLC)
James Patrick Shea (Shea & Carlyon, Ltd.)

14-25862: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600.
Docket Entries
DateTypeDescriptionPending?Document
10/25/2012Filing FeeFiling Fee due.
10/25/2012Order/IncomingFiled Order Certifying Question to Nevada Supreme Court. Received from U.S. Bankruptcy Court for the District of Nevada and the Honorable Bruce T. Beesley, U.S. Bankruptcy Judge.12-33863
11/02/2012Order/ProceduralFiled Order Directing Submission of Filing Fee. Appellants and respondents shall each tender to the clerk of this court, within 11 days from the date of this order, the sum of $125, representing half of the filing fee.12-34662
11/05/2012Filing FeeFiling Fee Paid. $125.00 from Peel & Brimley check no. 25455.
11/09/2012Filing FeeFiling Fee Paid. $125.00 from Fennemore Craig, P.C. Check No. 4126.
03/22/2013Order/ProceduralFiled Order Accepting Certified Questions and Directing Briefing. Appellant shall have 45 days from the date of this order to file and serve an opening brief. Respondent shall have 30 days from the date when the opening brief is served to file and serve an answering brief. Appellant shall then have 20 days from the date when the answering brief is served to file and serve any reply brief. The parties are further directed to prepare and file a joint appendix containing certified copies of any relevant portion of the Bankruptcy Court record. The appendix shall be filed no later than the date when the opening brief is filed.13-08572
04/30/2013MotionFiled Stipulation Stipulation for Extension of Time. May 20, 2013.13-12626
04/30/2013Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Breif Due May 20, 2013.13-12629
05/20/2013BriefFiled Lien Claimants' Opening Brief.13-14847
05/20/2013AppendixFiled Joint Appendix Volume 1.13-14849
05/20/2013AppendixFiled Joint Appendix Volume 2.13-14852
05/20/2013AppendixFiled Joint Appendix Volume 3.13-14853
05/20/2013AppendixFiled Joint Appendix Volume 4.13-14854
05/20/2013AppendixFiled Joint Appendix Volume 5.13-14855
05/20/2013AppendixFiled Joint Appendix Volume 6.13-14856
05/20/2013AppendixFiled Joint Appendix Opening Brief Joint Appendix Volume 7 - A13-14859
05/20/2013AppendixFiled Joint Appendix Opening Brief Joint Appendix Volume 813-14860
05/22/2013AppendixReceived Joint Appendix. (Binder with color copies of photos already filed in appendix)
06/05/2013MotionFiled Motion to Amend Service List to Include Meier & Fine, LLC As Counsel For U.S. Bank, National Association.13-16409
06/19/2013MotionFiled Motion for Clarification of the Briefing Schedule.13-17994
06/20/2013BriefFiled Respondents' Answering Brief.13-18124
06/21/2013MotionFiled Appellants' Conditional Non-Opposition to US Bank National Association's Motion for Clarification of the Briefing Schedule.13-18326
07/09/2013Order/ProceduralFiled Order Granting Motions to Amend Service List and for Clarification of Briefing Schedule. Respondent US Bank National Association has filed an unopposed motion to amend the service list to include the law firm of Meier & Fine, LLC as counsel of record. Having considered the motion, we grant it, and direct the clerk of this court to amend this court's docket for this matter to add Meier & Fine, LLC as counsel for US Bank National Association. US Bank National Association shall have five days from this order's date to inform this court whether Shea & Carlyon, Ltd. remains as additional counsel of record for US Bank National Association in this matter. We grant US Bank National Association's unopposed motion for clarification of the briefing schedule as follows. US Bank National Association shall have 11 days from the date of this order to file and serve its answering brief. Appellants shall have 20 days from service of US Bank National Association's answering brief to file and serve any reply brief(s).13-19956
07/12/2013Notice/IncomingFiled Notice that Shea & Carlyon, Ltd. Does Not Remain As Counsel.13-20570
07/19/2013BriefFiled Answering Brief -Respondent, US Bank National Association's Reply Brief.13-21302
08/06/2013MotionFiled Unopposed Motion for Extension of Time for Filing Reply Brief (First Request).13-23079
08/06/2013Notice/OutgoingIssued Notice Motion/Stipulation Approved. Reply Brief due: August 15, 2013.13-23092
08/15/2013BriefFiled Appellants' Joint Reply Brief.13-24107
08/15/2013Case Status UpdateBriefing Completed/To Screening.
12/26/2013Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument on the next available calendar.13-39278
02/27/2014Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled Monday, May 5, 2014, at 1:30 p.m. in Carson City. Argument shall be limited to 30 minutes.14-06544
04/21/2014Notice/OutgoingIssued Oral Argument Reminder Notice14-12822
05/05/2014Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
08/07/2014Opinion/DispositionalFiled Authored Opinion. "Questions answered in part." Before the Court EN BANC. Author: Gibbons, C.J. Majority: Gibbons/Pickering/Hardesty/Parraguirre/Douglas/Cherry/Saitta. 130 Nev. Adv. Opn. No. 62. EN BANC14-25862
09/02/2014RemittiturIssued Notice in Lieu of Remittitur14-28695
09/02/2014Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed