Fed. Nat'l Mortg. v. Westland Liberty Vill. , 2022 NV 57 ( 2022 )

82174: Case View

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Cases Participant Search 22-25128: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. 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: 82174 Short Caption: FED. NAT'L MORTG. ASS'N VS. WESTLAND LIBERTY VILL., LLC Court: Supreme Court Related Case(s): 82666, 83695, 84573, 84575 Lower Court Case(s): Clark Co. - Eighth Judicial District - A819412 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 12/07/2020 / Lavelle, Eleissa SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: How Submitted: + Party Information Role Party Name Represented By Amicus Curiae Federal Housing Finance Agency Leslie Bryan Hart (Fennemore Craig P.C./Reno) John D. Tennert (Fennemore Craig P.C./Reno) Appellant Federal National Mortgage Association Kelly H. Dove (Snell & Wilmer, LLP/Las Vegas) David L. Edelblute (Snell & Wilmer, LLP/Las Vegas) Nathaniel G. Kanute (Snell & Wilmer, LLP/Reno) Bob L. Olson (Snell & Wilmer, LLP/Las Vegas) Appellant Grandbridge Real Estate Capital, LLC Lars K. Evensen (Holland & Hart LLP/Las Vegas) Sydney R. Gambee (Holland & Hart LLP/Las Vegas) Joseph G. Went (Holland & Hart LLP/Las Vegas) Respondent Westland Liberty Village, LLC John G. Benedict (Law Offices of John Benedict) Philip R. Erwin (Campbell & Williams) John W. Hofsaess J. Colby Williams (Campbell & Williams) Respondent Westland Village Square, LLC John G. Benedict (Law Offices of John Benedict) Philip R. Erwin (Campbell & Williams) John W. Hofsaess J. Colby Williams (Campbell & Williams) Docket Entries Date Type Description Pending? Document 12/07/2020 Filing Fee Filing Fee due for Appeal. Filing fee will be forwarded by the District Court. (SC) 12/07/2020 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 20-44241 12/07/2020 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. (SC) 20-44243 12/07/2020 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Eleissa C. Lavelle. (SC) 20-44390 12/10/2020 Filing Fee Filing Fee due for Appeal. (Appellant Grandbridge) (SC) 12/10/2020 Notice of Appeal Documents Filed Notice of Appeal. (Appellant Grandbridge) (SC) 20-44893 12/10/2020 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. (Appellant Grandbridge) (SC) 20-44895 12/11/2020 Filing Fee Filing Fee Paid. $250.00 from Snell & Wilmer. Check no. 17468. (Appellant Fed. Nat'l) (SC) 12/21/2020 Filing Fee Filing Fee Paid. $250.00 from Holland & Hart. Check no. 66008947. (Appellant Grandbridge) (SC) 12/29/2020 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant Federal National Mortgage Association's Docketing Statement due: January 11, 2021. (SC) 20-46731 01/04/2021 Notice/Outgoing Issued Notice to File Appellant Grandbridge Real Estate Capital, LLC's Docketing Statement. Due date: 10 days.(SC) 21-00004 01/08/2021 Motion Filed Appellant's (Federal National Mortgage Assoc.) Motion to Enlarge the Page Limit of Stay Pending Appeal. (SC) 21-00695 01/08/2021 Motion Filed Appellant's (Federal National Mortgage Assoc.) Expedited Motion for Stay. (SC) 21-00700 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 1)(SC) 21-00702 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 2)(SC) 21-00703 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 3)(SC) 21-00704 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 4)(SC) 21-00705 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 5)(SC) 21-00706 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 6)(SC) 21-00707 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 7)(SC) 21-00708 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 8)(SC) 21-00709 01/08/2021 Appendix Filed Appellant's Appendix to Expedited Motion to Stay Pending Appeal. (Volume 9)(SC) 21-00710 01/11/2021 Docketing Statement Filed Appellant's (Federal National Mortgage Assoc.) Civil Docketing Statement. (SC) 21-00814 01/12/2021 Order/Procedural Filed Order Granting Motion for Leave to File Stay Motion with Excess Pages. Appellant Federal National Mortgage Association's motion for leave to file a motion for stay in excess of the NRAP 27(d)(2) 10-page limit is granted. The 25-page stay motion was filed on January 8, 2021. Respondents' response, if any, likewise may contain up to 25 pages. Any reply should accord with NRAP 27(d)(2)'s page limits. (SC) 21-00979 01/13/2021 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for January 26, 2021. (SC) 21-01174 01/14/2021 Notice/Incoming Filed Respondent's Notice of Appearance for John W. Hofsaess. (SC) 21-01207 01/14/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents' response to appellants' expedited motion for stay due: January 29, 2021. (SC) 21-01266 01/14/2021 Docketing Statement Filed Appellant Grandbridge Real Estate Capital, LLC's Docketing Statement Civil Appeals. (SC) 21-01309 01/15/2021 Order/Procedural Filed Order. On January 14, 2021, John W. Hofsaess filed a notice of appearance on behalf of respondents. Mr. Hofsaess shall have 5 days from the date of this order to provide this court with a copy of the district court order that grants his SCR 42 application. (SC) 21-01335 01/15/2021 Notice/Incoming Filed Respondents' Notice Submission of Order Granting Motion to Associate Counsel John W. Hofsaess, Esq. (SC) 21-01411 01/15/2021 Notice/Incoming Filed Respondents' Amended Submission of Order Granting Motion to Associate Counsel John W. Hofsaess, Esq. (SC) 21-01412 01/26/2021 Motion Filed Appellants' Joinder to Expedited Motion to Stay Pending Appeal. (SC) 21-02467 01/29/2021 Notice/Incoming Filed Respondents' Notice of Appearance for J. Colby Williams and Philip R. Erwin. (SC) 21-02863 01/29/2021 Motion Filed Respondents' Opposition to Expedited Motion to Stay. (SC) 21-02865 01/29/2021 Appendix Filed Respondents' Supplemental Appendix in Support of Opposition to Expedited Motion to Stay. Vol. 1 (SC) 21-02867 01/29/2021 Appendix Filed Respondents' Supplemental Appendix in Support of Opposition to Expedited Motion to Stay. Vol. 2 (SC) 21-02868 01/29/2021 Appendix Filed Respondents' Supplemental Appendix in Support of Opposition to Expedited Motion to Stay. Vol. 3 (SC) 21-02869 01/29/2021 Appendix Filed Respondents' Supplemental Appendix in Support of Opposition to Expedited Motion to Stay. Vol. 4 (SC) 21-02872 01/29/2021 Appendix Filed Respondents' Supplemental Appendix in Support of Opposition to Expedited Motion to Stay. Vol. 5 (SC) 21-02875 01/29/2021 Order/Procedural Filed Order. On January 14, 2021, John W. Hofsaess, Esq. filed a notice of appearance on behalf of respondents. On January 15, 2021, he provided this court with a copy of the district court order granting his SCR 42 application in the matter below. The clerk of this court shall add Mr. Hofsaess as counsel for respondents. (SC) 21-02878 02/05/2021 Motion Filed Appellant's Reply in Support of Expedited Motion to Stay Pending Appeal (Relief Requested by February 11, 2021). (SC) 21-03657 02/11/2021 Order/Procedural Filed Order Granting Stay in Part and Denying Stay in Part. We conclude that only a partial stay of the district court's injunction pending appeal is warranted. In particular, we stay paragraphs (2) and (3) of the district court's injunction directing that Fannie Mae remove the notices of default and election to sell from the properties' titles, such that the notices remain of record pending resolution of this appeal and further order of this court. The remainder of the requested relief is denied subject to a decision on the merits of this appeal. (SC) 21-04099 02/11/2021 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC) 21-04139 02/24/2021 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC) 21-05418 02/26/2021 Motion Filed Appellants' Motion to Reconsider. (SC) 21-05841 03/05/2021 Motion Filed Respondents' Opposition to Motion to Reconsider. (SC) 21-06569 03/08/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant Federal National Mortgage Association's reply in support of appellant's motion to reconsider due: March 26, 2021. (SC) 21-06730 03/08/2021 Transcript Request Filed Certificate of No Transcript Request for Appellant Federal National Mortgage Association. (SC) 21-06733 03/25/2021 Motion Filed Motion Federal Housing Finance Agency's Motion to Intervene. (SC) 21-08607 03/25/2021 Notice/Incoming Filed Notice of Change of Address. (Campbell & Williams) (SC) 21-08643 03/26/2021 Motion Filed Appellants' (Federal National Mortgage Assoc.) Motion to Extend Time to File Reply in Support of Motion for Reconsideration. (SC) 21-08808 03/30/2021 Order/Procedural Filed Order Granting Motion for Extension of Time to File Reply. Due: April 2, 2021. (SC) 21-09255 03/31/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents Westland Liberty Village, LLC and Westland Village Square, LLC's opposition due: April 15, 2021. (SC) 21-09282 04/02/2021 Motion Filed Appellant Federal National Mortgage Association's Motion to Extend Time to File Reply In Support of Motion for Reconsideration. (SC) 21-09680 04/06/2021 Order/Procedural Filed Order Granting Motion for Extension of Time to File Reply. Appellant's reply due: April 9, 2021. (SC) 21-09867 04/06/2021 Motion Filed Motion to Associate Counsel (Michael A.F. Johnson). (SC) 21-09906 04/09/2021 Motion Filed Appellant's (Federal National Mortgage Association) Reply in Support of Motion to Reconsider. (SC) 21-10297 04/16/2021 Motion Filed Respondents' Opposition to Federal Housing Finance Agency's Motion to Intervene. (REJECTED PER NOTICE FILED ON 4/19/21)(SC) 04/19/2021 Notice/Outgoing Issued Notice of Rejection of Filed Document. (SC) 21-11198 04/19/2021 Motion Filed Respondents' Motion to Extend Time to File Opposition to Federal Housing Finance Agency's Motion to Intervene. (SC) 21-11231 04/23/2021 Motion Filed Proposed Intervener FHFA's Response to Motion to Extend Time to File Opposition to FHFA's Motion to Intervene. (SC) 21-11839 04/23/2021 Motion Filed Federal Housing Finance Agency's Reply in Support of Motion to Intervene. (SC) 21-11841 04/27/2021 Order/Procedural Filed Order Granting Motion for Extension of Time. Respondents' motion for an extension of time to file an opposition to Federal Housing Finance Agency's motion to Intervene is granted. Respondents shall have 3 days from the date of this order to refile and serve their opposition. (SC) 21-12084 04/27/2021 Motion Filed Respondents' Opposition to Federal Housing Finance Agency's Motion to Intervene. (SC) 21-12110 04/30/2021 Notice/Incoming Filed Notice of Ruling Granting Federal Housing Finance Agency's Motion to Intervene in District Court Proceedings. (SC) 21-12403 05/21/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant Grandbridge Real Estate Capital, LLC's opening brief and appendix due: June 8, 2021. (SC) 21-14629 05/21/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant Federal Mortgage Association's opening brief and appendix due: June 8, 2021. (SC) 21-14706 05/25/2021 Order/Procedural Filed Order Denying Motions to Reconsider and Intervene. In January 2021, Fannie Mae moved for a stay pending appeal. On February 11, 2021, we granted the stay motion in part. Fannie Mae moves for reconsideration of our stay order. We deny the motion for reconsideration. The Federal Housing Finance Agency has moved to intervene in this appeal. The motion to intervene is denied. fn1[In light of this order, the FHFA's motion to associate attorney Michael A.F. Johnson of Arnold & Porter Kaye Scholer LLP, pursuant to SCR 42, is denied as moot.] (SC) 21-14910 06/04/2021 Motion Filed Joinder to Motion for Extension of Time to File Opening Brief (First Request by Motion). (SC) 21-16139 06/07/2021 Motion Filed Appellant Federal National Mortgage Association's Motion for Extension of Time to File Opening Brief (First Request by Motion). (SC) 21-16150 06/08/2021 Order/Procedural Filed Order. Appellant Federal National Mortgage Association (Fannie Mae) has filed a motion for a second extension of time to file the opening brief. The motion is granted. Appellant Grandbridge Real Estate Capital, LLC, has filed a joinder to Fannie Mae's motion, and likewise moves for a 14-day extension of time to file its opening brief. Grandbridge's motion is granted. Appellants shall have until June 22, 2021, to file and serve the opening briefs and appendices. (SC) 21-16353 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 1 (SC) 21-17983 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 2 (SC) 21-17986 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 3 (SC) 21-17989 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 4 (SC) 21-17991 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 5 (SC) 21-17992 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 6 (SC) 21-17993 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 7 (SC) 21-17994 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 8 (SC) 21-17995 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 9 (SC) 21-17997 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 11 (SC) 21-18000 06/22/2021 Appendix Filed Appellant's (Federal National Mortgage Association) Appendix Vol. 10 (SC) 21-18001 06/22/2021 Brief Filed Appellant's (Grandbridge Real Estate Capital, LLC) Opening Brief. (SC) 21-18021 06/22/2021 Brief Filed Appellant's (Federal National Mortgage Association) Opening Brief. (SC) 21-18027 06/23/2021 Notice/Outgoing Issued Notice to File Appendix to Opening Brief. Due date: 10 days. (SC) 21-18046 06/29/2021 Brief Filed Amicus Brief of Amicus Curiae Federal Housing Finance Agency in Support of Appellant and Reversal of District Court's Preliminary Injunction Order. (SC) 21-18737 06/30/2021 Notice/Incoming Filed Errata to Appellant's Appendix. (The appendix filed on 6/22/21 serves as a joint appendix for each appellant.) (SC) 21-18815 07/07/2021 Motion Filed Stipulation for Extension of Time to File Answering Briefs.(SC) 21-19419 07/07/2021 Notice/Outgoing Issued Notice Motion/Stipulation Approved for Answering Brief. Due date August 30, 2021. (SC) 21-19449 08/11/2021 Notice/Incoming Filed Notice of District Court Decision. (SC) 21-23385 08/16/2021 Order/Procedural Filed Order. Amicus curiae the Federal Housing Finance Agency has filed a notice that the district court denied its motion to dissolve the preliminary injunction and asks this court to resolves this appeal expeditiously. This court will resolve this appeal as expeditiously as the court's calendar permits. (SC) 21-23892 08/30/2021 Brief Filed Respondents' Answering Brief. (SC) 21-25243 08/30/2021 Brief Filed Answering Brief to Amicus Brief. (REJECTED PER 8/31/21 NOTICE). (SC) 08/30/2021 Appendix Filed Respondents' Supplemental Appendix In Support Of Answering Brief (Vol. 1) (SC) 21-25251 08/30/2021 Appendix Filed Respondents' Supplemental Appendix In Support Of Answering Brief (Vol. 2) (SC) 21-25252 08/30/2021 Appendix Filed Respondents' Supplemental Appendix In Support Of Answering Brief (Vol. 3) (SC) 21-25255 08/30/2021 Appendix Filed Respondents' Supplemental Appendix In Support Of Answering Brief (Vol. 4) (SC) 21-25259 08/30/2021 Appendix Filed Respondents' Supplemental Appendix In Support Of Answering Brief (Vol. 6) (SC) 21-25262 08/30/2021 Appendix Filed Respondents' Supplemental Appendix In Support Of Answering Brief (Vol. 5) (SC) 21-25263 08/30/2021 Appendix Filed Respondents' Supplemental Appendix In Support Of Answering Brief (Vol. 7) (SC) 21-25265 08/31/2021 Notice/Outgoing Issued Notice of Rejection of Filed Document (Answering Brief to Amicus Brief). (SC) 21-25304 08/31/2021 Brief Filed Respondent's Answering Brief to Amicus Brief. (SC) 21-25317 09/27/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant Federal National Mortgage Association's reply brief due: October 13, 2021. (SC) 21-27791 09/28/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant Grandbridge Real Estate Capital, LLC's reply brief due: October 13, 2021. (SC) 21-27824 10/12/2021 Notice/Incoming Filed Amicus Curiae's Notice of Appearance for John D. Tennert. (SC) 21-29341 10/13/2021 Motion Filed Appellant's Unopposed Motion for Extension of Time to File Reply Brief (Federal National Mortgage Assoc.) (SC) 21-29421 10/13/2021 Brief Filed Appellant's (Grandbridge Real Estate Capital, LLC) Reply Brief. (SC) 21-29481 10/18/2021 Order/Procedural Filed Order Granting Motion. Federal National Mortgage Association shall have until October 20, 2021, to file and serve the reply brief. (SC) 21-29922 10/20/2021 Motion Filed Appellant's (Federal National Mortgage Association) Motion for Excess Pages, Motion to Enlarge the Length of Reply Brief. (SC) 21-30275 10/20/2021 Brief Filed Appellant's (Federal National Mortgage Association) Reply Brief. (SC) 21-30276 10/28/2021 Order/Procedural Filed Order Granting Motion. Appellant Federal National Mortgage Association's motion for leave to file a reply brief in excess of the type-volume limitation is granted. The reply brief was filed on October 20, 2021. (SC) 21-31095 10/28/2021 Case Status Update Briefing Completed/To Screening. (SC) 06/01/2022 Brief Filed Respondents' Notice of Supplemental Authority Pursuant to NRAP 31(e). (SC) 22-17435 06/21/2022 Motion Filed Amicus FHFA's Response to Westland's Notice of Supplemental Authority. (SC) 22-19617 08/11/2022 Opinion/Dispositional Filed Authored Opinion. "Reversed and remanded." Before the Court En Banc. Author: Stigich, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Silver/Pickering/Herndon. 138 Nev. Adv. Opn. No. 57. En Banc. (SC). 22-25128 08/29/2022 Post-Judgment Petition Filed Respondents' Petition for Rehearing. (REJECTED PER NOTICE FILED ON 8/30/22) (SC) 08/30/2022 Notice/Outgoing Issued Notice of Rejection of Filed Petition for Rehearing. (SC) 22-27147 08/30/2022 Motion Filed Respondent's Motion to Extend Time to File Petition for Rehearing. (SC) 22-27247 08/30/2022 Filing Fee Rehearing Filing Fee Paid. $150.00 from Maria Scandalios. E-Payment Ref. no. 22083033130954. (SC) 08/30/2022 Post-Judgment Petition Filed Respondent's Petition for Rehearing. (SC) 22-27274 09/07/2022 Order/Procedural Filed Order Granting Motion. Respondents have filed an untimely motion requesting an extension of time to file a petition for rehearing. Cause appearing and despite its untimeliness, the motion is granted. NRAP 26(b)(1(A); NRAP 40(a)(1). The petition for rehearing was filed on August 30, 2022. (SC) 22-28038 09/16/2022 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). EN BANC. (SC) 22-29049 10/11/2022 Remittitur Issued Remittitur. (SC). 22-31968 10/11/2022 Case Status Update Remittitur Issued/Case Closed. (SC). Combined Case View