Lytle v. Rosemere Estates Prop. Owners ( 2013 )

60657: Case View

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Cases 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: 60657 Short Caption: LYTLE VS. ROSEMERE ESTATES PROPERTY OWNERS ASSOC. C/W 61308 Classification: Civil Appeal - General - Other Consolidated: 60657*, 61308 Related Case(s): 54886, 61308, 63942, 65294, 65721, 66558 Lower Court Case(s): Clark Co. - Eighth Judicial District - A631355 Case Status: Briefing Reinstated Disqualifications: Panel Assigned: Panel Replacement: To SP/Judge: 04/19/2012 / Mishel, Persi SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: How Submitted: + Party Information Role Party Name Represented By Appellant John Allen Lytle Beau Sterling (Sterling Law, LLC) Appellant Lytle Trust Beau Sterling (Sterling Law, LLC) Appellant Trudi Lee Lytle Beau Sterling (Sterling Law, LLC) Respondent Rosemere Estates Property Owners Association Sean L. Anderson (Leach Johnson Song & Gruchow) Ryan W. Reed (Leach Johnson Song & Gruchow) + Due Items Due Date Status Due Item Due From 11/05/2014 Overdue Reply Brief 13-39241: 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 04/12/2012 Filing Fee Filing fee due for Appeal. 04/12/2012 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 12-11750 04/12/2012 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. 12-11752 04/12/2012 Filing Fee E-Payment $250.00 from Beau Sterling 04/12/2012 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. (Docketing Statement mailed to appellant counsel). 12-11797 04/19/2012 Settlement Notice Issued Notice: Assignment to Settlement Program - Settlement Judge: Persi J. Mishel. 12-12578 05/14/2012 Notice/Outgoing Issued Notice to File Docketing Statement. Due date: 10 days. 12-15265 05/14/2012 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference will be scheduled. 12-15345 06/26/2012 Order/Procedural Filed Order. To date, appellants have failed to comply with this court's notice. Appellants shall, within ten days from the date of this order, file the docketing statement. 12-20038 09/10/2012 Settlement Program Report Filed ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. Settlement Conference Date: no date given. 12-28507 12/20/2012 Settlement Order/Procedural Filed Order Consolidating Appeals, Removing Appeals from Settlement Program, Reinstating Briefing and Conditionally Imposing Sanctions. Appellants: Transcript request form due 15 days. Opening brief due 90 days. Appellants failed to file the docketing statement for each of these appeals when originally due. This court issued notices and an order directing appellants to file the docketing statements. Appellants have failed to comply with those notices and order. We conclude that appellants' failure to file the docketing statements in compliance with the court's procedural rules, the notices issued in this matter, and this court's order warrants the conditional imposition of sanctions. Appellants: $500 due to the Supreme Court Law Library and provide proof of payment within 15 days. Sanctions will be vacated if appellants file the docketing statement or motion for extension of time within 10 days. Counsel cautioned. Nos. 60657/61308. 12-40340 01/11/2013 Motion Filed Motion For Extension Of Time To File Docketing Statement and Transcript Requst, as Directed by Court Order, And for Temporary Stay of Appeal Pending Written Disposition of Post-Judgment Motions. 13-01279 01/31/2013 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. Nos. 60657/61308. 13-03247 02/26/2013 Filing Fee E-Payment $250.00 from Beau Sterling. NOTE: Filing fee was previously paid on 4/12/12. This payment was refunded on 3/26/13. 03/08/2013 Transcript Request Filed Certificate of No Transcript Request. 13-07136 03/15/2013 Motion Filed Motion For Extension Of Time To File Docketing Statement and Withdrawal of Request for Stay of Proceedings. Nos. 60657/61308. 13-07863 03/15/2013 Docketing Statement Received Docketing Statement Civil Appeals. Nos. 60657/61308. (FILED PER ORDER OF 4/17/13). 03/21/2013 Motion Filed Motion for Extension of Time - Opening Brief (First). 13-08438 03/21/2013 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Opening Brief due: April 19, 2013. 13-08458 04/17/2013 Order/Procedural Filed Order Granting Motion for Extension of Time and Directing Counsel to Pay Overdue Sanctions. We direct the clerk to file the docketing statement provisionally received in this court on March 15, 2013. Appellant's counsel shall have 11 days from the date of this order to personally pay the overdue $500 sanction and provide proof of payment to this court. Appellants have notified this court that they wish to withdraw their motion to stay these consolidated appeals, and we therefore take no action on the stay motion. Nos. 60657/61308. 13-11369 04/17/2013 Docketing Statement Filed Docketing Statement. Nos. 60657/61308. 13-11370 04/22/2013 Motion Filed Motion For Extension Of Time To File Opening Brief and Appendix (Second). Nos. 60657/61308. 13-11678 04/26/2013 Order/Procedural Filed Order Granting Motion for Extension of Time. Appellant: Opening brief and appendix due: May 20, 2013. Nos. 60657/61308 13-12243 04/30/2013 Notice/Incoming Filed Proof of Payment Sanction -Notice of Compliance with Order (Re April 17, 2013 Order). Nos. 60657/61308. 13-12563 04/30/2013 Motion Filed Motion for Reconsideration of Order Regarding Sanctions. Nos. 60657/61308. 13-12661 05/21/2013 Motion Filed Motion For Temporary Stay of Briefing Schedule or, in the Alternative, For Extension of Time to File Combined Opening Brief in Consolidated Appeals. Nos. 60657/61308. 13-14932 05/30/2013 Motion Filed Opposition to Appellant's Motion for Temporary Stay of Briefing Schedule or, In the Alternative, For Extension of Time to File Combined Opening Brief in Consolidated Appeals and Countermotion to Dismiss the Appeal. Nos. 60657/61308. 13-16017 06/06/2013 Motion Filed Opposition to Motion to Dismiss and Reply in Support of Motion for Stay. 13-16643 06/17/2013 Motion Filed Motion for Extension of Time to File Reply Brief in Support of Motion to Dismiss Appeal. Nos. 60657/61308 13-17714 06/18/2013 Motion Received Reply in Support of Rosemere Estates Property Owners' Association's Motion to Dismiss the Appeal. Nos. 60657/61308. (FILED PER ORDER OF 7/24/13). 06/27/2013 Motion Received Appellants' Response to Respondent's Motion for Leave to File Late Reply in Support of its Motion to Dismiss Appellants' Appeals and Appellants' Renewed Request for Temporary Stay of Proceedings or Limited Remand. Nos. 60657/61308. (FILED PER ORDER OF 7/24/13). 07/16/2013 Notice/Incoming Filed Supplemental Status Report Regarding District Court Proceedings. 13-20769 07/18/2013 Order/Procedural Filed Order Denying Motion for Reconsideration. The sanction stands, and as counsel has paid it and submitted proof of payment, no further action will be taken on the sanctions matter. Fn1[We defer ruling on all other pending requests for relief.] Nos. 60657/61308. 13-21139 07/22/2013 Motion Filed Respondent's Objection to Appellant's Supplemental Status Report Regarding District Court Proceedings. 13-21443 07/24/2013 Order/Procedural Filed 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. Respondent shall have 11 days from the date that appellants' response is served to file and serve any reply. Briefing is suspended. Fn2[In light of this order, we deny as moot appellants' motion for a temporary stay or extension of time to file their opening brief. ] Fn3[We deny respondent's countermotion to dismiss the appeal based on appellants' failure to file the opening brief. We grant respondent's motion for an extension of time to file a reply and direct the clerk of this court to file the reply provisionally received on June 18, 2013, and appellant's response to the motion for an extension of time provisionally received on June 27, 2013.] Nos. 60657/61308. 13-21720 07/24/2013 Motion Filed Reply in Support of Rosemere Estates Property Owners' Association's Motion to Dismiss the Appeal (Filed in Docket No. 61308). 13-21721 07/24/2013 Motion Filed Appellants' Response to Respondent's Motion for Leave to File Late Reply in Support of its Motion to Dismiss Appellants' Appeals and Appellants' Renewed Request for Temporary Stay of Proceedings or Limited Remand. 13-21723 08/27/2013 Motion Filed Response to Order to Show Cause. 13-25409 09/03/2013 Motion Filed Reply to Response to Order to Show Cause . Nos. 60657/61308. 13-25977 12/26/2013 Opinion/Non-Dispositional Filed Per Curiam Opinion. "Briefing Reinstated." Appellants must file and servie their opening brief and appendix within 30 days of the date of this opinion. No more extensions of time will be granted. Before Hardesty, Parraguirre and Cherry, JJ. 129 Nev. Adv. Opn. No. 98. NNP13. Nos. 60657/61308 13-39241 01/17/2014 Notice/Incoming Filed Second Supplemental Status Report Regarding District Court Proceedings. 14-01836 01/24/2014 Notice/Incoming Filed Proof of Service (Appellants' Appendix Volumes 1 - 7). 14-02604 01/27/2014 Appendix Filed Appendix to Opening Brief volumes 1-7. Via FTP. 14-02644 01/29/2014 Brief Received Opening Brief. (Opening brief received on January 28, 2014 at 11:59 pm though E-Flex) Nos. 60657/61308. (RETURNED UNFILED PER ORDER 3/25/2014). 01/30/2014 Motion Filed Appellants Motion to Consolidate Appeals and for Related Relief. Nos. 60657/61308/63942. 14-03223 01/31/2014 Appendix Filed Appendix Exhibits I, J, K and L in Support of Motion to Consolidate Appeals, Etc. Nos. 60657/61308/63942. 14-03368 02/07/2014 Motion Filed Respondent's Opposition to Appellants' Motion to Consolidate Appeals and for Related Relief in Nos. 60657/61308/63942. 14-04079 02/07/2014 Motion Filed Respondent's Opposition to Appellants' Motion to Consolidate Appeals and for Related Relief in Nos. 60657/61308/63942. 14-04080 02/19/2014 Order/Clerk's Filed Order Granting Telephonic Extension. Reply to the Opposition to the Motion to Consolidate due: February 24, 2014. Nos. 60657/61308 14-05369 02/25/2014 Motion Filed Reply in Support of Appellants' Motion to Consolidate Appeals and for Related Relief in Nos. 60657/61308 & 63943. 14-06114 03/25/2014 Order/Procedural Filed Order Denying Motion to Consolidate and for Related Relief, Returning Unfiled Opening Brief in Docket Nos. 60657 and 61308, and Reinstating Briefing in Docket No. 63942. Nos.60657/61308 - Lytles' motion for an extension of time to file the opening brief due and the proposed Opening Brief due: 11 days. No. 63942 - Rosemere Estates' Transcript Request Form and Docket Statement due: 20 days. Opening Brief due: 60 days. Nos. 60657/61308/63942. 14-09332 04/08/2014 Motion Filed Motion for Extension of Time to File Opening Brief. Nos. 60657/61308. 14-11099 04/08/2014 Brief Received Appellant's Opening Brief (via E-Flex). Nos. 60657/61308. (FILED PER ORDER OF 6/13/14). 04/11/2014 Notice/Incoming Filed Notice of Pending NRCP Rule 60(b) Motion for Relief From Judgment. Nos. 60657/61308. 14-11706 04/21/2014 Motion Filed Motion for Extension of Time to File Opposition to Motion for Extension of Time to File Opening Brief. Nos. 60657/61308. 14-12783 04/23/2014 Motion Received Opposition to Motion for Extension of Time to File Opening Brief received via E-Flex. (FILED PER ORDER 5/27/14). 04/25/2014 Notice/Incoming Filed Notice of Pending Opposition to NRCP Rule 60(b) Motion for Relief from Judgment. 14-13442 04/29/2014 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant's opposition to respondent's motion for an extension of time filed on April 21, 2014, due: May 7, 2014. Nos. 60657/61308. 14-13852 05/27/2014 Order/Procedural Filed Order Granting Respondent's Motion to Extend Time. The clerk of this court shall file the opposition received on April 23, 2014. We defer ruling on appellant's motion to extend the time to file the opening brief, pending receipt and consideration of any reply to respondent's opposition. Nos. 60657/61308. 14-17096 05/27/2014 Motion Filed Opposition to Motion for Extension of Time to File Opening Brief. Nos. 60657/61308. 14-17097 06/13/2014 Order/Procedural Filed Order Granting Motion to Extend Time. The clerk of this court shall file the opening brief, provisionally received in this court on April 8, 2014. Fn1[No action was requested in either appellants' April 11, 2014, notice of pending NRCP 60(b) motion for relief or their April 25, 2014, notice of pending opposition to NRCP 60(b) motion for relief, and thus, no action will be taken on those notices.] Nos. 60657/61308. 14-19554 06/13/2014 Brief Filed Appellants' Opening Brief (Dockets 60657 / 61308). 14-19563 07/07/2014 Motion Filed Stipulation for Extension of Time to File Answering Brief (First Request) 14-21895 07/07/2014 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Answering Brief Due Date August, 13, 2014. 14-21998 08/13/2014 Motion Filed Stipulation for Extension of Time to File Answering Brief (Second Request) Nos. 60657/61308. 14-26514 08/20/2014 Order/Procedural Filed Order Granting Motion for Extension of Time. Respondent shall have until September 12, 2014, to file and serve the answering brief. Nos. 60657/61308. 14-27403 09/11/2014 Motion Filed Stipulation for Extension of Time to File Answering Brief (Third Request). NOs. 60657/61308 14-30154 09/24/2014 Order/Procedural Filed Order Granting Motion for Extension of Time. Respondents shall have until October 3, 2014, to file and serve the answering brief. Nos. 60657/61308. 14-31732 10/06/2014 Brief Filed Respondent's Answering Brief. 14-33054 10/06/2014 Appendix Filed Respondent's Appendix, Vol. 1. 14-33055 10/09/2014 Motion Filed Renewed Motion to Consolidate Appeals and For Related Relief (Dockets 60657/61308; Dockets 63942/65294/65721; Docket 66558). Y 14-33614 10/24/2014 Motion Filed Motion for Extension of Time to File Opposition to Motion to Consolidate Appeals and for Related Relief (First Request). Y 14-35539 10/29/2014 Motion Received Opposition to Appellant's Motion to Consolidate Appeals and for Related Relief. Nos. 60657/61308. Y 11/05/2014 Motion Filed Motion for Extension of Time to File Reply Brief (First Request). Nos. 60657/61308. Y 14-36588