Recontrust Co. v. Zhang

58602: 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: 58602 Short Caption: RECONTRUST COMPANY, N.A. VS. ZHANG Classification: Civil Appeal - General - Other Related Case(s): 43601, 52326, 52835 Lower Court Case(s): Clark Co. - Eighth Judicial District - A481513 Case Status: Remittitur Issued/Case Closed Disqualifications: Parraguirre Panel Assigned: En Banc Replacement: None for Justice Parraguirre To SP/Judge: 06/22/2011 / Nitz, Dana SP Status: Completed Oral Argument: 03/05/2013 at 1:30 PM Oral Argument Location: Regional Justice Center Submission Date: 03/05/2013 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant/Cross-Respondent Countrywide Home Loans, Inc. Matthew S. Carter (Kemp, Jones & Coulthard, LLP) Douglas D. Gerrard (Gerrard Cox & Larsen) Sheldon A. Herbert (Gerrard Cox & Larsen) Mark M. Jones (Kemp, Jones & Coulthard, LLP) Appellant/Cross-Respondent National Title Company Matthew S. Carter (Kemp, Jones & Coulthard, LLP) Douglas D. Gerrard (Gerrard Cox & Larsen) Sheldon A. Herbert (Gerrard Cox & Larsen) Mark M. Jones (Kemp, Jones & Coulthard, LLP) Appellant/Cross-Respondent Recontrust Company, Inc. Matthew S. Carter (Kemp, Jones & Coulthard, LLP) Douglas D. Gerrard (Gerrard Cox & Larsen) Sheldon A. Herbert (Gerrard Cox & Larsen) Mark M. Jones (Kemp, Jones & Coulthard, LLP) Appellant/Cross-Respondent Silver State Financial Services, Inc. Matthew S. Carter (Kemp, Jones & Coulthard, LLP) Douglas D. Gerrard (Gerrard Cox & Larsen) Sheldon A. Herbert (Gerrard Cox & Larsen) Mark M. Jones (Kemp, Jones & Coulthard, LLP) Respondent/Cross-Appellant Lanlin Zhang Micah S. Echols (Marquis Aurbach Coffing) Tye S. Hanseen (Marquis Aurbach Coffing) Scott A. Marquis (Marquis Aurbach Coffing) 14-03114: 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 06/20/2011 Filing Fee Filing fee due for Appeal. Filing fee will be forwarded by the District Court. 06/20/2011 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 11-18209 06/20/2011 Other Justice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Law Firm Kemp Jones & Coulthard. 06/20/2011 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. 11-18218 06/22/2011 Settlement Notice Issued Notice: Assignment to Settlement Program - Settlement Judge: Dana Jonathon Nitz. 11-18565 06/22/2011 Filing Fee Filing Fee Paid. $250.00 from Maquis Aurbach Coffing - check no. 103247. 06/29/2011 Docketing Statement Filed Docketing Statement. 11-19400 07/07/2011 Docketing Statement Filed Respondents' Response To Docketing Statement. 11-20250 08/01/2011 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for August 9, 2011. 11-22963 08/15/2011 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: September 1, 2011. 11-24837 10/10/2011 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. 11-31041 10/10/2011 Notice/Outgoing Issued Notice to File Case Appeal Statement/Civil. Due date: 10 days. 11-31044 10/13/2011 Docketing Statement Filed Amended Docketing Statement. 11-31483 10/13/2011 Notice/Incoming Filed Notice of Filing Amended Case Appeal Statement (Amended Case Appeal Statement attached). 11-31547 10/20/2011 Docketing Statement Filed Respondents' Response To Amended Docketing Statement. 11-32467 12/07/2011 Settlement Program Report Filed Final Report/Settlement. The parties have agreed to a settlement of this matter. 11-37493 12/08/2011 Settlement Program Report Filed AMENDED Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 11-37560 12/09/2011 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. 11-37687 12/27/2011 Notice/Incoming Filed Notice of Filing Request for Transcript. 11-39661 12/30/2011 Filing Fee Filing fee due for Cross-Appeal. (Respondent/Cross-Appellant). 12/30/2011 Notice of Appeal Documents Filed Notice of Cross-Appeal. (Part 1). 11-40122 12/30/2011 Notice of Appeal Documents Filed Notice of Cross-Appeal. (Part 2). 11-40126 12/30/2011 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (Respondent/Cross-Appellants). 11-40130 01/04/2012 Filing Fee Filing Fee Paid. $250.00 from Gerrard & Cox - check no. 33801. (Respondent/Cross-Appellant). 01/05/2012 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: July 12, 2011. To Court Reporter: Peggy Isom. 12-00513 01/05/2012 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: December 8, 2011. To Court Reporter: Peggy Isom. 12-00514 01/12/2012 Motion Filed Stipulation for Redesignation of Parties. 12-01283 01/20/2012 Docketing Statement Filed Docketing Statement Civil Appeals (Respondent/Cross-Appellant) (part 1). 12-02123 01/20/2012 Docketing Statement Filed Second Addendum To Docketing Statement Civil Appeals (Respondent/Cross-Appellant) (part 2). 12-02124 01/20/2012 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: July 7, 2008. To Court Reporter: Kendall Heath. 12-02149 02/06/2012 Order/Procedural Filed Order Directing Clerk to Modify Appellant Designation. The parties have filed a stipulation to redesignate the appellants and cross-appellant for this appeal. Having reviewed the stipulation, we approve it and direct the clerk of this court to modify the caption for this appeal and cross-appeal to reflect the caption set forth in this order. 12-03901 02/15/2012 Motion Filed Stipulation To Extend Briefing Schedule. 12-05050 02/15/2012 Transcript Filed Notice from Court Reporter. Peggy Isom stating that the requested transcripts were delivered. Dates of transcripts: February 22, 2011; July 12, 2011 and December 8, 2011. 12-05075 02/17/2012 Motion Filed Motion to Dismiss Appeal. 12-05309 02/29/2012 Motion Filed Opposition to Motion to Dismiss Appeal. 12-06452 03/07/2012 Order/Clerk's Filed Order Granting Telephonic Extension. Reply to Opposition due: March 14, 2012. 12-07285 03/08/2012 Brief Filed Appellants' Opening Brief. 12-07507 03/09/2012 Appendix Filed Joint Appendix Vols 1 thru 22 with CD-ROM included. 12-07787 03/14/2012 Motion Filed Motion to Exceed Page Limit of Respondent/Cross-Appellant's Reply in Support of Motion to Dismiss Appeal. 12-08244 03/14/2012 Motion Received Reply in Support of Motion to Dismiss Appeal (E-Flex). (FILED PER ORDER 6/21/12) 03/20/2012 Motion Filed Opposition To Motion To Exceed Page Limit Of Respondent/Cross-Appellant's Reply In Support Of Motion To Dismiss Appeal. 12-08703 04/09/2012 Motion Filed Motion to Suspend Briefing Schedule Pending Outcome of Motions to Dismiss. 12-11277 04/09/2012 Motion Filed Motion to Exceed Page Limit of Respondent/Cross-Appellant's Motion to Dismiss Appeal. 12-11278 04/09/2012 Motion Received Motion to Dismiss Appeal, or Alternatively, Limit Scope of Issues on Appeal (via E-Flex). (FILED PER ORDER 6/21/12) 04/09/2012 Exhibit Filed Exhibits to Motion to Dismiss Appeal or, Alternatively, Limit Scope of Issues on Appeal. 12-11288 04/16/2012 Motion Filed Motion To Submit Appeal For Decision And To Dismiss Cross-Appeal. 12-12102 04/17/2012 Motion Filed Opposition To Motion To Exceed Page Limit Of Respondent/Cross-Appellant's Motion To Dismiss Appeal. 12-12369 04/17/2012 Motion Filed Opposition To Motion To Suspend Briefing Schedule Pending Outcome Of Motions To Dismiss. 12-12370 04/20/2012 Motion Filed Motion For Leave To File Opposition To Motion To Dismiss In Excess Of Ten Pages. 12-12787 04/20/2012 Motion Received Opposition To Motion To Dismiss Appeal, Or, Alternatively, Limit Scope Of Issues On Appeal (via E-Flex). (FILED PER ORDER 6/21/12) 04/20/2012 Appendix Filed Appendix For The Opposition To Motion To Dismiss Appeal, Or, Alternatively, Limit Scope Of Issues On Appeal. 12-12793 04/26/2012 Order/Clerk's Filed Order Granting Telephonic Extension. : 1) reply to appellant/cross-respondent's opposition to motion to exceed page limit of respondent/cross-appellant's motion to dismiss, and 2) reply to appellant/cross-respondent's opposition to motion to suspend briefing schedule pending outcome of motions to dismiss due: May 1, 2012. 12-13327 05/01/2012 Motion Filed Reply in Support of Motion to Exceed Page Limit of Respondent/Cross-Appellant's Motion to Dismiss Appeal. 12-13731 05/01/2012 Motion Filed Reply in Support of Motion to Suspend Briefing Schedule Pending Outcome of Motions to Dismiss. 12-13733 05/02/2012 Motion Filed Motion for Leave to File Response Late. 12-13820 05/02/2012 Motion Received Response to Motion to Submit Appeal for Decision and to Dismiss Cross-Appeal (via E-Flex). (FILED PER ORDER 6/21/12) 05/09/2012 Motion Filed Opposition To Motion For Leave To File Response Late. 12-14703 06/21/2012 Order/Procedural Filed Order Regarding Motions. Respondent/cross-appellant has filed two motions to dismiss appellants/cross-respondents' appeal in this case. Having considered the motions, we deny them. As appellants/cross-respondents' opening brief has already been filed, we disapprove as moot the parties' February 15, 2012, stipulation to extend the briefing schedule. Respondent/cross-appellant has filed a motion to suspend the briefing schedule pending the outcome of the motions to dismiss, which we deny as moot. We grant in part, however, respondent/cross-appellant's request, included in that motion, for additional time to file a combined answering/opening brief in the event that the motions to dismiss are denied. Accordingly, respondent/cross-appellant shall have 30 days from the date of this order to file and serve her combined answering/opening brief. Fn1[We grant respondent/cross-appellant's motions for leave to exceed the page limits on certain filings. Accordingly, we direct the clerk of this court to file the reply provisionally received on March 14, 2012, and the motion to dismiss provisionally received on April 9, 2012. We also grant appellants/cross-respondents' motion for leave to file an opposition in excess of ten pages, and thus, we direct the clerk of this court to file the opposition provisionally received on April 20, 2012.] Fn2[We grant respondent/cross-appellant's motion to file a late response to appellants/cross-respondents' motion to submit their appeal for decision and to dismiss the cross-appeal. We direct the clerk of this court to file the response, provisionally received on May 2, 2012. We deny appellants/cross-respondents' April 16, 2012, motion to submit their appeal for decision and to dismiss the cross-appeal based on respondent/cross-appellant's failure to file an answering/opening brief.] 12-19497 06/21/2012 Motion Filed Reply in Suport of Motion to Dismiss Appeal. 12-19498 06/21/2012 Motion Filed Motion to Dismiss Appeal, or Alternatively, Limit Scope of Issues on Appeal. 12-19499 06/21/2012 Motion Filed Opposition To Motion To Dismiss Appeal, Or, Alternatively, Limit Scope Of Issues On Appeal. 12-19501 06/21/2012 Motion Filed Response to Motion to Submit Appeal for Decision and to Dismiss Cross-Appeal. 12-19502 07/23/2012 Motion Filed Respondent/Cross-Appellant's Motion to Expedite Appeal. 12-23083 07/23/2012 Appendix Filed Respondent/Cross-Appellant's Supplemental Appendix. 12-23086 07/23/2012 Brief Filed Respondent/Cross-Appellant's Answering Brief on Appeal and Opening Brief on Cross-Appeal. 12-23177 08/01/2012 Motion Filed Limited Opposition To Motion To Expedite Appeal. 12-24326 08/03/2012 Motion Filed Respondent/Cross-Appellant's Reply in Support of Motion to Expedite Appeal. 12-24465 08/21/2012 Order/Procedural Filed Order Granting Motion to Expedite Appeal. 12-26257 08/23/2012 Brief Filed Appellants Reply Brief And Answering Brief On Cross-Appeal. 12-26520 08/23/2012 Appendix Filed Appellants Supplemental Appendix-Volume 1. 12-26523 09/06/2012 Brief Filed Respondent/Cross-Appellant's Reply Brief on Cross-Appeal. 12-28199 01/17/2013 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral argument is scheduled for Tuesday, March 5, 2013, @ 1:30 p.m. in Las Vegas. Argument shall be limited to 30 minutes. 13-01909 01/18/2013 Order/Procedural Filed 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. 13-02047 02/19/2013 Notice/Outgoing Issued Oral Argument Reminder Notice. 13-05104 02/27/2013 Brief Filed Respondent/Cross-Appellant's Notice of Supplemental Authorities. 13-06105 02/28/2013 Motion Filed Appellants' Motion to Strike Notice of Supplemental Authorities, or Response to Notice of Supplemental Authorities, Pursuant to N.R.A.P. 31(e). 13-06334 03/01/2013 Motion Filed Opposition to Appellants' Motion to Strike Notice of Supplemental Authorities. 13-06414 03/01/2013 Motion Filed Appellants' Reply to Opposition to Motion to Strike Notice of Supplemental Authorities, ot Response to Notice of Supplemental Authorities, Pursuant to N.R.A.P. 31(3). 13-06445 03/05/2013 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 01/30/2014 Opinion/Dispositional Filed Authored Opinion. "Vacated and remanded." Fn1[The Honorable Ron D. Parraguirre, Justice, voluntarily recused himself from participation in the decision of this matter.] Fn5[We also deny Countrywide's motion to strike Zhang's supplemental authorities.] Before the Court EN BANC. Author: Pickering, J. Majority: Pickering/Gibbons/Hardesty/Douglas/Cherry/Saitta. 130 Nev. Adv. Opn. No. 1. EN BANC 14-03114 02/24/2014 Remittitur Issued Remittitur. 14-05882 02/24/2014 Case Status Update Remittitur Issued/Case Closed 03/07/2014 Remittitur Filed Remittitur. Received by District Court Clerk on February 27, 2014. 14-05882 09/03/2014 Notice/Outgoing Issued Letter to Publishers with corrections to recently filed opinions. (Letter dated July 17, 2014) Nos. 58602/59387/63724/64194/56614/58345/62489/62615/57324/59290. 14-29096