Libby v. Eighth Jud. Dist. Ct.

59688: 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: 59688 Short Caption: LIBBY, D.O. VS. DIST. CT. (HAMILTON) Classification: Original Proceeding - Civil - Mandamus Lower Court Case(s): Clark Co. - Eighth Judicial District - A614365 Case Status: Notice in Lieu of Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: 01/27/2014 How Submitted: On Briefs + Party Information Role Party Name Represented By Petitioner Eugene P. Libby, D.O. Erin E. Jordan (Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas) S. Brent Vogel (Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas) Real Party in Interest Megan Hamilton John C. Funk (Potter Law Offices) Cal J. Potter, III (Potter Law Offices) Respondent Jerry A. Wiese Respondent The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark 14-17310: 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 11/18/2011 Filing Fee E-Payment $250.00 from S. Brent Vogel. 11/18/2011 Petition/Writ Filed Petition for Writ of Mandamus. 11-35628 11/18/2011 Appendix Filed Petitioner's Appendix. 11-35640 12/05/2011 Notice/Incoming Filed Notice of Filing Bankruptcy. 11-37224 04/02/2012 Order/Procedural Filed Order Directing Status Report. Libby: 30 days to file a file-stamped copy of the petition with this court, and to file and serve a status report regarding the Chapter 7 proceeding and the automatic stay, including whether this proceeding remains stayed and the status of any efforts to modify the stay to permit the litigation to go forward. 12-10248 04/25/2012 Notice/Incoming Filed Status Report Regarding Bankruptcy Petition Filed by Petitioner Eugene Libby, D.O. (Bankruptcy petition attached as exhibit A.) 12-13148 04/26/2012 Notice/Incoming Filed Real Party in Interest, Megan Hamilton's Response to Petitioner's Status Report. 12-13245 07/19/2012 Order/Procedural Filed Order Directing Status Report. Libby and Hamilton shall each have 15 days from the date of this order to file and serve status reports. Libby and Hamilton shall have five days from the date that the opposing party's status report is served to file and serve any response to those filings. 12-22822 07/20/2012 Notice/Incoming Filed Real Party in Interest, Megan Hamilton's Status Report. 12-23022 08/06/2012 Notice/Incoming Filed Petitioner Eugene P. Libby, D.O.'s Status Report. 12-24668 08/29/2012 Notice/Incoming Filed Real Party in Interest, Megan Hamilton's Notice of Relief from Automatic Bankruptcy Stay. 12-27396 08/30/2012 Notice/Incoming Filed Notice Real Pary in Interest, Megan Hamilton's Status Report. 12-27506 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. 12-29780 10/22/2012 Petition/Writ Filed Respondent, Eighth Judicial District Court of the State of NV, ex rel., the County of Clark, and the Hon. Judge Wiese, and Real Party in Interest, Hamilton's Answer to Petition for Writ of Mandamus. 12-33485 11/06/2012 Petition/Writ Filed Reply in Support of Petition for Writ of Mandamus. 12-35142 11/06/2012 Appendix Filed Petitioner's Appendix. 12-35143 07/03/2013 Notice/Incoming Filed Notice of Bankruptcy Discharge. 13-19599 10/04/2013 Order/Procedural Filed Order Directing Status Report. Petitioner: Status Report due: 15 days. Real party in interest shall have 11 days from the date petiitoner's status report is served to file and serve any response. 13-29615 10/28/2013 Motion Filed Motion for Extension of Time to File Petitioner's Status Report. 13-32165 10/28/2013 Notice/Incoming Received Petitioner's Status Report. (FILED PER ORDER 10/30/13) 10/30/2013 Order/Procedural Filed Order Granting Motion for Extension of Time. The clerk of this court shall file the status report provisionally received in this court on October 28, 2013. 13-32577 10/30/2013 Notice/Incoming Filed Petitioner's Status Report. 13-32578 12/02/2013 Motion Filed Real Party In Interest, Megan Hamilton's Motion for Status Check. 13-36063 01/27/2014 Order/Procedural Filed Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled in this matter, and it shall stand submitted on the record and papers filed herein, as of the date of this order. 14-02711 01/27/2014 Case Status Update Submitted for Decision. 04/03/2014 Order/Procedural Filed Order Regarding Motion for Status Check. This matter is no longer subject to the automatic stay under 11 U.S.C. § 362(a)(1)(2006), and it may proceed. Since this matter has been fully briefed, it stands submitted for a decision and it will be resolved in due course as expeditiously as the court's docket permits. 14-10608 05/29/2014 Opinion/Dispositional Filed Per Curiam Opinion. "Petition granted." Gibbons, C.J., Pickering, Hardesty, Parraguirre, Douglas, Cherry and Saitta, JJ. 130 Nev. Adv. Opn. No. 39. EN BANC 14-17310 05/29/2014 Writ Issued Writ with letter. Original and one copy of writ and copy of opinion mailed to S. Brent Vogel for service upon Judge Jerry A. Wiese. 14-17367 06/05/2014 Writ Filed Returned Writ. Original Writ returned. Served on Judge Jerry A. Wiese on June 2, 2014. 14-18366 06/23/2014 Remittitur Issued Notice in Lieu of Remittitur. 14-20582 06/23/2014 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed.