Mei-Gsr Holdings, Llc v. Thomas

IN THE SUPREME COURT OF THE STATE OF NEVADA MEI-GSR HOLDINGS, LLC, A NEVADA No. 84143 LIMITED LIABILITY COMPANY; GRAND SIERRA RESORT UNIT OWNERS ASSOCIATION, A NEVADA NON-PROFIT CORPORATION; GAGE VILLAGE COMMERICAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND AM-GSR HOLDINGS, LLC, A NEVADA FILED LIMITED LIABILITY COMPANY, Appellants, APR 1 8 2822 vs. ELIZABETH A. BROWN CLERK ÇF SI "PREME COURT ALBERT THOMAS, INDIVIDUALLY; BY DEPUTY CLERK JANE DUNLAP, INDIVIDUALLY; JOHN DUNLAP, INDIVIDUALLY; BARRY HAY, INDIVIDUALLY; MARIE- ANNE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI; GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT U/T/A APRIL 13, 2001; D'ARCY NUNN, INDIVIDUALLY; HENRY NUNN, INDIVIDUALLY; MADELYN VAN DER BOKKE, INDIVIDUALLY; LEE VAN DER BOKKE, INDIVIDUALLY; DONALD SCHREIFELS, INDIVIDUALLY; ROBERT R. PEDERSON, INDIVIDUALLY AND AS TRUSTEE OF THE PEDERSON 1990 TRUST; LOU ANN PEDERSON, INDIVIDUALLY AND AS TRUSTEE OF THE PEDERSON 1990 TRUST; LORI ORDOVER, INDIVIDUALLY; WILLIAM SUPREME COURT OF A. HENDERSON, INDIVIDUALLY; NEVADA (0) I947A CHRISTINE E. HENDERSON, INDIVIDUALLY; LOREN D. PARKER, INDIVIDUALLY; SUZANNE C. PARKER, INDIVIDUALLY; MICHAEL IZADY, INDIVIDUALLY; STEVEN TAKAKI, AS TRUSTEE OF THE STEVEN W. TAKAKI & FRANCES S. LEE REVOCABLE TRUSTEE AGREEMENT, UTD JANUARY 11, 2000; FARAD TORABKHAN, INDIVIDUALLY; SAHAR TAVAKOL, INDIVIDUALLY; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES, INDIVIDUALLY; R. RAGHURAM, AS TRUSTEE OF THE RAJ AND USHA RAGHURAM LIVING TRUST DATED APRIL 25, 2001; USHA RAGHURAM, AS TRUSTEE OF THE RAJ AND USHA RAGHURAM LIVING TRUST DATED APRIL 25, 2001; LORI K. TOKUTOMI, INDIVIDUALLY; GARRET TOM, AS TRUSTEE OF THE GARRET AND ANITA TOM TRUST, DATED 5/14/2006; ANITA TOM, AS TRUSTEE OF THE GARRET AND ANITA TOM TRUST, DATED 5/14/2006; RAMON FADRILAN, INDIVIDUALLY; FAYE FADRILAN, INDIVIDUALLY; PETER K. LEE; MONICA L. LEE, AS TRUSTEES OF THE LEE FAMILY 2002 REVOCABLE TRUST; DOMINIC YIN, INDIVIDUALLY; ELIAS SHAMIEH, INDIVIDUALLY; JEFFREY QUINN, INDIVIDUALLY; BARBARA ROSE QUINN, INDIVIDUALLY; KENNETH RICHE, INDIVIDUALLY; MAXINE RICHE, INDWIDUALLY; NORMAN CHANDLER, INDIVIDUALLY; BENTON WAN, INDIVIDUALLY; TIMOTHY D. KAPLAN, &MIME COURT OF INDIVIDUALLY; SILKSCAPE INC.; NEVADA (0) I947A 2 PETER CHENG, INDIVIDUALLY; ELISA CHENG, INDIVIDUALLY; GREG A. CAMERON, INDIVIDUALLY; TMI PROPERTY GROUP, LLC; RICHARD LUTZ, INDIVIDUALLY; SANDRA LUTZ, INDIVIDUALLY; MARY A. KOSSICK, INDIVIDUALLY; MELVIN H. CHEAH, INDIVIDUALLY; DI SHEN, INDIVIDUALLY; NADINE'S REAL ESTATE INVESTMENTS, LLC; AJIT GUPTA, INDIVIDUALLY; SEEMA GUPTA, INDIVIDUALLY; FREDRICK FISH, INDIVIDUALLY; LISA FISH, INDIVIDUALLY; ROBERT A. WILLIAMS, INDIWDUALLY; JACQUELIN PHAM, AS MANAGER OF CONDOTEL 1906, LLC; MAY ANNE HOM, AS TRUSTEE OF THE MAY ANNE HOM TRUST; MICHAEL HURLEY, INDIVIDUALLY; DUANE WINDHORST, TRUSTEE OF DUANE WINDHORST TRUST U/A DTD. 01/15/2003 AND MARILYN WINDHORST TRUST U/A DTD. 01/015/2003; MARILYN WINDHORST, AS TRUSTEE OF DUANE WINDHORST TRUST U/A DTD. 01/15/2003 AND MARILYN L. WINDHORST TRUST U/A DTD.01/15/2003; VINOD BHAN, INDIVIDUALLY; ANNE BHAN, INDIVIDUALLY; GUY P. BROWNE, INDIVIDUALLY; GARTH A. WILLIAMS, INDIVIDUALLY; PAMELA Y. ARATANI, INDIVIDUALLY; DARLEEN LINDGREN, INDIVIDUALLY; LAVERNE ROBERTS, INDIVIDUALLY; DOUG MECHAM, INDIVIDUALLY; CHRISINE MECHAM, INDIVIDUALLY; KWANG SOON SON, Sumatra Caw INDIVIDUALLY; SOO YEU MOON, OF NEVADA (0) 190A .9.115 3 INDIVIDUALLY; JOHNSON AKINDODUNSE, INDIVIDUALLY; IRENE WEISS, AS TRUSTEE OF THE WEISS FAMILY TRUST; PRAVESH CHOPRA, INDIVIDUALLY; TERRY POPE, INDIVIDUALLY; NANCY POPE, INDWIDUALLY; JAMES TAYLOR, INDIVIDUALLY; RYAN TAYLOR, INDIVIDUALLY; KI NAM CHOI, INDIVIDUALLY; YOUNG JA CHOI, INDIVIDUALLY; SANG DAE SOHN, INDIVIDUALLY; KUK HYUN (CONNIE) YOO, INDIVIDUALLY; SANG SOON (MIKE) YOO, INDIVIDUALLY; BRETT MENMUIR, AS MANAGER OF CARRERA PROPERTIES, LLC; WILLIAM MINER, JR., INDIVIDUALLY; CHANH TRUONG, INDIVIDUALLY; ELIZABETH ANDERS MECUA, INDIVIDUALLY; SHEPHERD MOUNTAIN, LLC; ROBERT BRUNNER, INDIVIDUALLY; AMY BRUNNER, INDIVIDUALLY; JEFF RIOPELLE, AS TRUSTEE OF THE RIOPELLE FAMILY TRUST; PATRICIA M. MOLL, INDIVIDUALLY; AND DANIEL MOLL, INDIVIDUALLY, Respondents. ORDER DISMISSING APPEAL This is an appeal from a series of orders granting motions for instructions to the appointed receiver and various interlocutory orders. Second Judicial District Court, Washoe County; Nancy M. Saitta, Judge. Because it appeared that the notice of appeal was prematurely filed, after the timely filing of tolling motions and before the resolution of those motions, this court entered an order directing appellants to show SUPREME COURT oF NEVADA (0) 1947A Rte.) cause why the appeal should not be dismissed for lack of jurisdiction. Appellants have filed a motion for an extension of time of 60 days to respond to the order to show cause. Appellants concede the notice of appeal was prematurely filed for the reasons this court observed but ask this court for the extension to permit the district court to consider its jurisdiction over the pending motions and to revolve those motions. The motion is denied. The rules of appellate procedure do not anticipate that parties should file a premature notice of appeal or that a premature notice of appeal should linger indefinitely on this court's docket while the parties and the district court continue to resolve outstanding motions. NRAP 4(a)(6). This court lacks jurisdiction. Appellants may file an appeal from a final appealable order. This court ORDERS this appeal DISMISSED. , J. Hardesty J. Stiglich Herndon cc: Chief Judge, The Second Judicial District Court Hon. Nancy M. Saitta, Senior Justice Lewis Roca Rothgerber Christie LLP/Las Vegas Meruelo Group LLC Robertson, Johnson, Miller & Williamson Lemons, Grundy & Eisenberg SUPREME COURT Washoe District Court Clerk OF NEVADA 4.0) 1947A 410. 5