Lavi v. Eighth Jud. Dist. Ct.

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Case Information: 58968
Short Caption:LAVI VS. DIST. CT. (BRANCH BANKING)Classification:Original Proceeding - Civil - Mandamus/Prohibition
Lower Court Case(s):Clark Co. - Eighth Judicial District - A601455Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:SP Status:
Oral Argument:10/01/2012 at 11:30 AMOral Argument Location:Regional Justice Center
Submission Date:10/01/2012How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
PetitionerSimon LaviFrank M. Flansburg, III (Marquis Aurbach Coffing)
Jason M. Gerber (Marquis Aurbach Coffing)
Michael Matthias (Baker & Hostetler LLP)
Real Party in InterestBranch Banking and Trust CompanyAllyson R. Noto (Sylvester & Polednak, Ltd.)
Jeffrey R. Sylvester (Sylvester & Polednak, Ltd.)
Real Party in InterestColonial BankAllyson R. Noto (Sylvester & Polednak, Ltd.)
Jeffrey R. Sylvester (Sylvester & Polednak, Ltd.)
RespondentThe Eighth Judicial District Court of the State of Nevada, in and for the County of Clark
RespondentValerie Adair

14-17306: 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
08/10/2011Filing FeeE-Payment $250.00 from Jason M. Gerber.
08/10/2011Petition/WritFiled Petition for Writ of Mandamus and Prohibition.11-24255
08/10/2011AppendixFiled Appendix to Petition for Writ - Volume 1.11-24256
08/10/2011AppendixFiled Appendix to Petition for Writ - Volume 2.11-24261
08/10/2011AppendixFiled Appendix to Petition for Writ - Volume 3.11-24262
08/10/2011AppendixFiled Appendix to Petition for Writ - Volume 4.11-24263
08/10/2011AppendixFiled Appendix to Petition for Writ - Volume 5.11-24264
08/10/2011AppendixFiled Appendix to Petition for Writ - Volume 6.11-24265
08/10/2011MotionFiled Motion to Exceed Page Limit of Motion for Stay.11-24281
08/10/2011MotionReceived Motion for Stay (via E-Flex). (FILED PER ORDER 8/15/11.)
08/15/2011Order/ProceduralFiled Order Granting Motion for Excess Pages. We direct the clerk of this court to file the motion provisionally received on August 10, 2011. Fn1[Any opposition by real party in interest is due by August 19, 2011.]11-24731
08/15/2011MotionFiled Motion for Stay.11-24732
08/23/2011MotionFiled Emergency Motion Under NRAP 27(e) (Relief Needed Before August 29, 2011).11-25592
08/23/2011MotionFiled Petitioner's Notice of Non Opposition to Lavi's Motion to Stay.11-25593
08/25/2011MotionFiled Real Party in Interest Branch Banking & Trust Company's Opposition to Petitioner's Motion for Stay.11-25892
08/25/2011Order/ProceduralFiled Order Granting Stay and Directing Answer. Answer due: 30 days. Petitioner shall have 15 days from service of the answer to file and serve any reply.11-26001
09/26/2011Petition/WritFiled Real Party in Interest Branch Banking and Trust Company's Answering Brief to the Petition for Writs of Mandamus and Prohibition.11-29224
09/26/2011AppendixFiled Appendix to Real Party in Interest Branch Banking and Trust Company's Answering Brief to the Petition for Writs of Mandamus and Prohibition (CD included).11-29227
09/26/2011Notice/IncomingFiled Errata to Real Party In Interest Branch Banking and Trust Company's Answering Brief to the Petition for Writs of Mandamus and Prohibition.11-29356
10/04/2011Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Petitioner's reply to answer to writ petition due: October 17, 2011.11-30176
10/17/2011Petition/WritFiled Reply to Answer to Petition Reply in Support of Petition for Writ of Mandamus and Prohibition.11-32013
05/15/2012Order/ProceduralFiled Order Lifting Stay for Limited Purpose of Entering Order Memorializing Ruling Challenged in This Petition. We lift the stay of proceedings imposed on the underlying district court case by our August 25 2011, order for sole and limited purpose of allowing district court to enter a written, file-stamped order memorializing its ruling on the partial summary judgment motion at issue in this petition. Petitioner shall have until 4 p.m. on Monday, May 22, 2012, to obtain such an order and provide this court with a copy of that order. Fn1[All documents submitted in response to this order shall be filed personally, electronically, or by facsimile transmission with the clerk of this court in Carson City. Service of all documents shall be personal, electronic, or by fax.]12-15437
05/18/2012Notice/IncomingFiled Notice of Compliance - District Court Order attached.12-15840
06/22/2012Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the en banc court on the next available calendar.12-19623
08/23/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for Monday, October 1, 2012, @ 11:30 a.m. in Las Vegas. Argument shall be limited to 30 minutes.12-26584
09/17/2012Notice/OutgoingIssued Oral Argument Reminder Notice.12-29246
10/01/2012Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
05/24/2013Order/DispositionalFiled Order Granting Petition for Writ of Mandamus. "ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to vacate its partial summary judgment in favor of BB&T, and instead deny BB&T's motion for partial summary judgment and grant Lavi's countermotion for summary judgment." Fn4[In light of this order we deny as moot the alternative request for a writ of prohibition. Further, we lift the stay of district court proceedings entered by this court on August 25, 2011.] Pickering, C.J., with whom Hardesty, J., agrees, dissenting. EN BANC13-15328
05/24/2013WritIssued Writ with letter. Original and one copy of writ and copy of order mailed to Jason M. Gerber for service upon Judge Valerie Adair.13-15422
05/30/2013Notice/IncomingFiled Proof of Filing Notice in District Court Writ of Mandamus.13-16018
06/03/2013WritFiled Returned Writ. Original Writ returned. Served on Judge Valerie Adair on 3/30/12.13-16244
06/12/2013Post-Judgment PetitionFiled Real Party in Interest, Branch Banking and Trust Company's Petition for Re-Hearing on Petition for Writ of Mandamus and Prohibition.13-17200
06/12/2013Notice/IncomingFiled Certificate of Compliance to Petition for Re-Hearing on Petition for Writ of Mandamus.13-17201
06/12/2013Filing FeeE-Payment $150.00 from Jeffrey R. Sylvester
06/12/2013AppendixFiled Appendix to Petition for Re-Hearing.13-17202
07/18/2013Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Petitioner: 15 days to file and serve an answer to the petition.13-21105
07/31/2013Post-Judgment PetitionFiled Answer to Petition for Rehearing.13-22472
05/29/2014Opinion/Non-DispositionalFiled Opinion on Rehearing. "Rehearing denied." Before the Court En BANC. Author: Douglas, J. Majority: Douglas/Gibbons/Parraguirre/Cherry/Saitta. Pickering, J., Hardesty, J., dissenting. 130 Nev. Adv. Opn. No. 38. EN BANC14-17306
06/23/2014RemittiturIssued Notice in Lieu/Rehearing.14-20617
06/23/2014Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed.
09/05/2014Notice/OutgoingIssued Letter to Publishers with corrections to recently filed opinions. Letter dated August 29, 2014. Nos. 61024/61791/59121/60181/60490/60566/62129/63034/54019/57934/62512/58968. (Letter entered in 61024/61791 as document no. 14-29426.)