Huckabay Props. v. NC Auto Parts

61024: 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: 61024 Short Caption: HUCKABAY PROPERTIES VS. NC AUTO PARTS C/W 61791 Classification: Civil Appeal - General - Other Consolidated: 61024*, 61791 Related Case(s): 61791 Lower Court Case(s): Washoe Co. - Second Judicial District - CV0902901 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: To SP/Judge: 06/27/2012 / Georgeson, James SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: How Submitted: + Party Information Role Party Name Represented By Appellant Huckabay Properties, Inc. John A. Collier (Hoffman Test Guinan & Collier) Seth T. Floyd (McDonald Carano Wilson LLP/Las Vegas) Debbie A. Leonard (McDonald Carano Wilson LLP/Reno) Beau Sterling (Sterling Law, LLC) Respondent NC Auto Parts, LLC Wm. Patterson Cashill Robert L. Eisenberg (Lemons, Grundy & Eisenberg) Respondent Steven B. Crystal Wm. Patterson Cashill Robert L. Eisenberg (Lemons, Grundy & Eisenberg) 14-09701: 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 06/11/2012 Filing Fee Filing fee due for Appeal. Filing fee will be forwarded by the District Court. 06/11/2012 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 12-18274 06/11/2012 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. 12-18278 06/22/2012 Filing Fee Filing Fee Paid. $250.00 from Hoffman, Test, Guinan & Collier. Check no. 22768. 06/27/2012 Notice/Incoming Filed Notice of Association of Counsel (Robert L. Eisenberg appearing on behalf of Respondent Steven B. Crystal and NC Auto Parts, LLC). 12-20188 06/27/2012 Settlement Notice Issued Notice: Assignment to Settlement Program - Settlement Judge: James Georgeson. 12-20206 07/02/2012 Docketing Statement Filed Docketing Statement Civil Appeals. 12-20788 08/16/2012 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for November 28, 2012, at 10:00 a.m. 12-25828 09/05/2012 Notice/Incoming Filed Notice of Association of Counsel (Beau Sterling of Sterling Law for Appellants). 12-27986 11/29/2012 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. Nos. 61024/61791. 12-37675 12/12/2012 Settlement Order/Procedural Filed Order: Consolidate Appeals/No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief. Docketing statement due for case no. 61791. Nos. 61024/61791. 12-39068 01/02/2013 Notice/Outgoing Issued Notice to File Docketing Statement in Docket No. 61791. Due date: 10 days. Nos. 61024/61791. 13-00086 01/04/2013 Notice/Outgoing Issued Notice to Request Transcripts. Due date: 10 days. Nos. 61024/61791. 13-00293 01/17/2013 Docketing Statement Filed Docketing Statement (Docket 61791). Nos. 61024/61791. 13-01859 01/23/2013 Transcript Request Filed Certificate of No Transcript Request. 13-02381 02/04/2013 Order/Procedural Filed Order Partially Dismssing Appeal. We dismiss the appeal in Docket No. 61024 as to John Huckabay, Jr., individually, only. The clerk of this court shall modify the caption accordingly. Nos. 61024/61791 13-03524 03/08/2013 Motion Filed Motion for Extension of Time (First - Opening Brief [30 days]). Nos. 61024/61791. 13-07174 03/08/2013 Notice/Outgoing Issued Notice Motion/Stipulation Approved. The motion to extend time to file opening brief is approved. Due date: April 11, 2013. 13-07185 04/12/2013 Motion Filed Motion for Extension of Time - Opening Brief (Second Request). Nos. 61024/61791. 13-10845 05/24/2013 Order/Procedural Filed Order Denying Motion for Extension of Time. Appellants: Opening Brief and Appendix due: 11 days. Nos. 61024/61791 13-15456 06/10/2013 Motion Filed Motion for Extension of Time. 13-16852 06/10/2013 Motion Filed Motion to Dismiss Appeal. 13-16861 06/10/2013 Motion Filed Opposition to Motion for Extension of Time. Nos. 61024/61791 13-16893 06/14/2013 Notice/Incoming Filed Certificate of Service Appellants' Combined Opening Brief. 13-17585 06/14/2013 Motion Filed Reply in Support of Motion for Extension of Time and Opposition to Motion to Dismiss Appeals. 13-17621 06/17/2013 Brief Received Appellants' Combined Opening Brief. Nos. 61024/61791.(RETURNED, UNFILED, PER ORDER OF 6/25/13). 06/17/2013 Appendix Received Appendix to Opening Brief CD-ROM included - Vols. 1 through 7. Nos. 61024/61791. (RETURNED, UNFILED, PER ORDER OF 6/25/13). 06/17/2013 Motion Filed Reply in Support of Motion to Dismiss. 13-17796 06/25/2013 Order/Dispositional Filed Order Dismissing Appeals and Referring Appellants' Counsel to the State Bar of Nevada. Appellants' untimely motion for an extension is denied, respondents' motion to dismiss is granted, and "we hereby dismiss these appeals." As a result of Mr. Sterling's failure to meet deadlines and follow court rules and orders, we refer him to the State Bar of Nevada to pursue such investigation and discipline as it sees fit. The clerk of this court is directed to mail to the State Bar copies of all motions, oppositions, and responses filed in these appeals since March 8, 2013, when appellants filed their motion for an extension of time, as well as this court's May 24, 2013, order denying as moot appellants' second motion for an extension of time. Fn1[The clerk of this court is directed to return, unfiled, the opening brief and appendix, which were provisionally received in this court on June 17, 2013.] 61024/61791. NNP13-JH/RP/MC. 13-18725 07/02/2013 Notice/Incoming Filed Substitution of Counsel (Debbie Leonard, Esq. and Seth T. Floyd, Esq. in the place and stead of Sterling Law, LLC). 13-19383 07/02/2013 Motion Filed Motion for Reconsideration and to Reinstate Appeal 13-19386 07/09/2013 Motion Filed Opposition to Motion for Reconsideration. Nos. 61024/61791. 13-20058 07/15/2013 Motion Filed Reply in Support of Motion for Reconsideration and to Reinstate Appeal. 13-20708 07/16/2013 Post-Judgment Petition Filed Appellants' Huckabay Properties, Inc., Petition for Rehearing.Nos. 61024/61791. 13-20797 07/16/2013 Notice/Incoming Filed Certificate of Compliance Pursuant to NRAP 40. 13-20798 07/16/2013 Filing Fee E-Payment $150.00 from Seth T. Floyd. 07/30/2013 Post-Judgment Order Filed Order Denying Motion for Reconsideration and Denying Rehearing. We deny the motion for reconsideration. "The petition for rehearing is denied." NRAP 40(c). Nos. 61024/61791. 13-22427 08/07/2013 Post-Judgment Petition Filed Appellants' Petition For Reconsideration En Banc. Nos. 61024/61791 13-23111 09/30/2013 Notice/Incoming Filed Report from the State Bar of Nevad regarding attorney Beau Sterling. 03/27/2014 Opinion/Non-Dispositional Filed Opinion on Reconsideration. "Petition for en banc reconsideration denied." Before the Court EN BANC. Author: Hardesty, J. Majority: Hardesty/Gibbons/Parraguirre/Cherry/Pickering/Douglas/Saitta. 130 Nev. Adv. Opn. No. 23. EN BANC Nos. 61024/61791 14-09701 04/21/2014 Remittitur Issued Remittitur. Nos. 61024/61791. 14-12803 04/21/2014 Case Status Update Remittitur Issued/Case Closed. Nos. 61024/61791. 05/09/2014 Remittitur Filed Remittitur. Received by District Court Clerk on April 28, 2014. 14-12803 09/05/2014 Notice/Outgoing Issued 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. 14-29426