DTJ Design v. First Republic Bank

57165: Case View
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Case Information: 57165
Short Caption:DTJ DESIGN VS. FIRST REPUBLIC BANKClassification:Civil Appeal - General - Other
Lower Court Case(s):Clark Co. - Eighth Judicial District - A570738, A574354Case Status:Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:11/17/2010 / Tanksley, ThomasSP Status:Completed
Oral Argument:12/04/2012 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:12/04/2012How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
AppellantDTJ Design, Inc.Noah G. Allison (Martin & Allison, Ltd.)
Debra L. Pieruschka (Martin & Allison, Ltd.)
RespondentFirst Republic BankDouglas D. Gerrard (Gerrard Cox & Larsen)
Gary C. Milne (Gerrard Cox & Larsen)

14-04699: 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
11/16/2010Filing FeeFiling fee due for Appeal. Filing fee will be forwarded by the District Court Clerk.
11/16/2010Notice of Appeal DocumentsFiled Notice of Appeal. (Docketing statement form mailed to counsel for appellant.)10-29899
11/16/2010Notice/OutgoingFiled Notice: Referral to Settlement Program. 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.10-29905
11/17/2010Settlement NoticeIssued Notice: Assignment to Settlement Program - Settlement Judge: Thomas J. Tanksley.10-30038
11/22/2010Filing FeeFiling Fee Paid. $250.00 from Martin & Allison, Ltd. - check no. 13245.
11/29/2010Docketing StatementFiled Docketing Statement Civil Appeals.10-30860
12/13/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference will be scheduled in January or February of 2011.10-32510
12/29/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 2/1/11.10-33957
01/03/2011TranscriptFiled Notice from Court Reporter. Peggy Isom stating that the requested transcripts were delivered. Dates of transcripts: 4/19/10, 4/20/10, 8/24/10.11-00144
02/10/2011Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.11-04424
03/02/2011Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Court Reporter filed a notice indicating transcripts prepared & delivered for 4/19/10, 4/20/10, and 8/24/10. Appellant(s): 10 days to file transcript request form if additional transcripts are required,or notice of no additional transcripts required; 70 days opening brief and appendix.11-06454
03/10/2011Transcript RequestFiled Certificate of No Transcript Request.11-07482
04/22/2011Notice/IncomingFiled Errata to Correct and Clairfy Docketing Statement.11-12009
04/26/2011MotionFiled Stipulation for Extension of Time to File Opening Brief. (30) days.11-12347
05/03/2011Order/ProceduralFiled Order Approving Stipulation for Extension of Time to File Opening Brief. Opening Brief and Appendix due June 11, 2011 and Answering Brief due July 11, 2011.11-13107
06/09/2011MotionFiled Motion for extension of Time to File Appellant's Opening Brief.11-17093
06/14/2011Order/ProceduralFiled Order Granting Motion. Opening Brief and Appendix due: June 17, 2011.11-17670
06/20/2011BriefFiled Opening Brief.11-18180
06/20/2011AppendixFiled Appendix to Opening Brief CD-ROM included. Vols. 1 through 6.11-18183
07/08/2011MotionFiled Stipulation to Extend Time to File Answering Brief.11-20464
07/08/2011Notice/OutgoingIssued Notice Stipulation Approved. Answering Brief due August 10, 2011.11-20466
08/02/2011Order/ProceduralFiled Order to Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. Respondents may file any reply within ten days from the date that appellants' response is served. Briefing is suspended.11-23219
08/23/2011MotionFiled Motion for Extension of Time to Respond to this Court's Order to Show Cause.11-25713
09/01/2011MotionFiled Appellant's Response to Supreme Court of Nevada's Order to Show Cause.11-26754
09/07/2011Order/ProceduralFiled Order Denying as Moot Motion for Extension of Time to File Response to this Court's Order. On August 23, 2011, appellant filed a motion for an extension of time to file a response to this court's August 2, 2011, order to show cause. The response, however, was filed on September 1, 2011. therefore, we deny appellant's motion as moot.11-27082
09/22/2011MotionFiled Appellant's Supplement Response to Supreme Court of Nevada's Order to Show Cause.11-28935
09/23/2011Docketing StatementFiled Amended Docketing Statement.11-29061
09/26/2011Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental.11-29181
12/09/2011Order/ProceduralFiled Order Reinstating Briefing. Respondent: Answering Brief due: 30 days. Fn1[The Honorable Robert E. Rose and the Honorable Miriam Shearing, Senior Justices, participated in the decision of this matter under general orders of assignment.]11-37832
01/09/2012BriefFiled Respondent First Republic Bank's Answering Brief.12-00839
02/03/2012MotionFiled Stipulation to Extend Time to File Reply Brief.12-03702
02/03/2012Notice/OutgoingIssued Notice Stipulation Approved. Reply Brief due March 9, 2012.12-03704
03/02/2012MotionFiled DTJ's Motion for Extension of Time to File Its Reply Brief.12-06843
03/05/2012MotionFiled Response to DTJ Design, Inc.'s Motion for Extension of Time to File Reply Brief.12-07001
03/21/2012Order/ProceduralFiled Order Granting Motion for Extension of Time. Appellant: Reply Brief due: April 9, 2012.12-08906
04/10/2012BriefFiled Appellant's Reply Brief.12-11311
04/10/2012Case Status UpdateBriefing Completed/To Screening.
08/22/2012Order/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.12-26391
10/30/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for Tuesday, December 4, 2012, @ 10:00 a.m. in Las Vegas. Argument shall be limited to 30 minutes.12-34128
11/01/2012Order/ProceduralFiled Order. Although counsel should be prepared to address any of the issues raised in this appeal, counsel should be prepared specifically to address: whether DTJ's unjust enrichment claim would be barred by a successful lack-of-capacity challenge.12-34597
11/13/2012Notice/IncomingFiled Notice of Appearance as Counsel of Record on Appeal (Noah G. Allison of the Law firm Martin & Allison Ltd. appearing on behalf of Appellant, DTJ Design, Inc.).12-35885
11/19/2012Notice/OutgoingIssued Oral Argument Reminder Notice12-36577
12/04/2012Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
02/13/2014Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Parraguirre, J. Majority: Parraguirre/Gibbons/Pickering/Hardesty/Douglas/Cherry/Saitta. 130 Nev. Adv. Opn. No. 5.14-04699
03/10/2014RemittiturIssued Remittitur.14-07490
03/10/2014Case Status UpdateRemittitur Issued/Case Closed.
03/21/2014RemittiturFiled Remittitur. Received by District Court Clerk on March 14, 2014.14-07490