Premier One Holdings, Inc. Vs. Newmyer ( 2021 )

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Cases Participant Search 21-27612: 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: 80211 Short Caption: PREMIER ONE HOLDINGS, INC. VS. NEWMYER Court: Supreme Court Related Case(s): 79594 Lower Court Case(s): Clark Co. - Eighth Judicial District - A776307 Classification: Civil Appeal - General - Pro Bono Program Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: SP Status: Oral Argument: 07/07/2021 at 10:00 AM Oral Argument Location: Carson City Submission Date: 07/07/2021 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant/Cross-Respondent Calvin Fung Brian A. Morris (Morris Law Center) Sarah A. Morris (Morris Law Center) Timothy A. Wiseman (Morris Law Center) Appellant/Cross-Respondent Michael H. Ring Brian A. Morris (Morris Law Center) Sarah A. Morris (Morris Law Center) Timothy A. Wiseman (Morris Law Center) Appellant/Cross-Respondent MRT Assets, LLC Brian A. Morris (Morris Law Center) Sarah A. Morris (Morris Law Center) Timothy A. Wiseman (Morris Law Center) Appellant/Cross-Respondent Premier One Holdings, Inc. Brian A. Morris (Morris Law Center) Sarah A. Morris (Morris Law Center) Timothy A. Wiseman (Morris Law Center) Appellant/Cross-Respondent Rone Chang Brian A. Morris (Morris Law Center) Sarah A. Morris (Morris Law Center) Timothy A. Wiseman (Morris Law Center) Respondent/Cross-Appellant Edward A. Newmyer Tracy A. DiFillippo (Armstrong Teasdale, LLP/Las Vegas) Docket Entries Date Type Description Pending? Document 12/12/2019 Filing Fee Filing fee due for Appeal. Filing fee will be forwarded by the District Court. (SC) 12/12/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 19-50501 12/12/2019 Notice/Outgoing Issued Notice of Exemption from Settlement Program/File Documents. Transcript request due: 14 days. Opening brief due: 120 days. (SC) 19-50503 12/16/2019 Filing Fee Filing Fee Paid. $250.00 from Premier One Holdings. Check no. 9813. (SC) 12/19/2019 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 10/21/19 and 10/22/19. To Court Reporter: Jill Hawkins. (REJECTED PER NOTICE ISSUED 12/20/19). (SC) 12/20/2019 Notice/Outgoing Issued Notice of Deficient Transcript Request. (SC) 19-51492 12/20/2019 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 10/21/19 and 10/22/19. To Court Reporter: Jill Hawkins. (SC) 19-51569 01/02/2020 Docketing Statement Filed Docketing Statement Civil Appeals. (SC). 20-00177 01/07/2020 Filing Fee Cross-Appeal Filing Fee Waived. In Forma Pauperis. (SC) 01/07/2020 Notice of Appeal Documents Filed Notice of Appeal/Proper Person. (Cross-Appeal) (SC) 20-00830 01/27/2020 Docketing Statement Filed Proper Person Respondent/Cross-Appellant's Docketing Statement Civil Appeals. (SC) 20-03734 04/07/2020 Notice/Incoming Filed Proper Person Respondent/Cross-Appellant's Notice of Change of Mailing Address. (SC) 20-13097 04/10/2020 Brief Filed Appellants' Opening Brief. (SC) 20-13761 04/10/2020 Appendix Filed Joint Appendix Volume 1. (SC) 20-13763 04/10/2020 Appendix Filed Joint Appendix Volume 2. (SC) 20-13764 04/10/2020 Appendix Filed Joint Appendix Volume 3. (SC) 20-13765 04/10/2020 Appendix Filed Joint Appendix Volume 4. (SC) 20-13766 04/10/2020 Appendix Filed Joint Appendix Volume 5. (SC) 20-13767 04/10/2020 Appendix Filed Joint Appendix Volume 6. (SC) 20-13768 04/10/2020 Appendix Filed Joint Appendix Volume 7. (SC) 20-13769 04/10/2020 Appendix Filed Joint Appendix Volume 8. (SC) 20-13770 04/10/2020 Appendix Filed Joint Appendix Volume 9. (SC) 20-13771 04/10/2020 Appendix Filed Joint Appendix Volume 10. (SC) 20-13772 04/10/2020 Appendix Filed Joint Appendix Volume 11. (SC) 20-13773 04/10/2020 Appendix Filed Joint Appendix Volume 12. (SC) 20-13774 05/04/2020 Motion Filed Stipulation to Adjourn Due Dates. (SC). 20-16828 05/04/2020 Notice/Outgoing Issued Notice to Provide Proof of Service. Due date: 10 days. (Stipulation to Adjourn Due Dates). (SC). 20-16853 05/07/2020 Notice/Incoming Filed Certificate of Service (Stipulation to Adjourn Date). (SC) 20-17297 05/13/2020 Order/Procedural Filed Order Regarding Pro Bono Counsel. The clerk of this court shall transmit a copy of this order and the attached case summary and district court order to the Legal Aid Center of Southern Nevada for financial eligibility screening. Respondent/Cross-Appellant' Notice of Appearance of Counsel for LACSN's Notice due: 60 days. Briefing is suspended. fn2[The stipulation to adjourn due dates, filed May 4, 2020, is disapproved as moot.] 20-18271 07/13/2020 Notice/Incoming Filed Notice of Appearance of Pro Bono Counsel (Tracy A. DiFillippo). (SC) 20-25693 07/14/2020 Order/Procedural Filed Order Reinstating Briefing. Respondent/Cross-Appellant: Transcript Request Form due: 14 days; Combined Answering Brief on Appeal and Opening Brief on Cross-Appeal due: 45 days. (SC) 20-25871 07/28/2020 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 07/29/19 and 10/08/29. To Court Reporter: Jill Hawkins. (SC) 20-27504 08/03/2020 Motion Filed Stipulation to Extend Time for Respondent/Cross-Appellant to File His Combined Answering Brief and Opening Brief on Cross-Appeal. (SC) 20-28234 08/03/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondent/Cross-Appellant's Answering Brief and Opening Brief on Cross-Appeal due: September 28, 2020. (SC) 20-28293 08/11/2020 Notice/Incoming Filed Statement of Legal Aid Representation (Pursuant to NRS 12.015). (SC) 20-29650 09/08/2020 Transcript Filed Notice from Court Recorder Jill Hawkins stating that the requested transcripts were delivered. Dates of transcripts: 7/29/19 and 10/8/19. (SC) 20-32965 09/14/2020 Motion Filed Respondent/Cross-Appellant's First Unopposed Motion for Enlargement of Time to File Combined Answering Brief on Cross-Appeal and Request for a 45-Day Extension From September 28, 2020 to November 12, 2020 to File Combined Answering Brief and Opening Brief on Cross-Appeal (First Written Request). (SC) 20-33823 09/23/2020 Order/Procedural Filed Order Granting Motion. Respondent/cross-appellant's (Newmyer) motion requesting a second extension of time to file the combined answering brief on appeal and opening brief on cross-appeal is granted. Newmyer shall have until November 12, 2020, to file and serve the combined brief. (SC) 20-35034 11/12/2020 Brief Filed Respondent/Cross Appellant's Combined Answering and Opening Brief. (SC) 20-41435 11/12/2020 Appendix Filed Respondent/Cross-Appellant's Appendix to Answering Brief. Vol. 1 (SC) 20-41436 12/09/2020 Motion Filed Stipulation to Extend Time (Reply Brief). (SC) 20-44755 12/09/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant/Cross-Respondent's Reply Brief due: January 13, 2021. (SC) 20-44850 01/13/2021 Brief Filed Appellants' Combined Reply Brief and Answering Brief to Cross-Appellant's Opening Brief. (REJECTED PER NOTICE ISSUED 01/14/21). (SC) 01/14/2021 Notice/Outgoing Issued Notice of Deficient Brief. Corrected brief due: 5 days. Appellants/Cross-Respondent's Combined Reply Brief on Appeal and Answering Brief on Cross-Appeal. (SC) 21-01206 01/15/2021 Brief Filed Appellants' Combined Reply Brief and Answering Brief to Cross-Appellant's Opening Brief. (SC) 21-01366 01/15/2021 Appendix Filed Appellants' Supplemental Appendix - Volume I. (SC) 21-01368 01/21/2021 Motion Filed Stipulation to Extend Time for Respondent/Cross-Appellant to File His Reply to Appellants/Cross-Respondents' Combined Reply Brief and Answering Brief to Respondent/Cross-Appellants' Opening Brief. (SC) 21-01861 01/22/2021 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondent/Cross-Appellant's Reply Brief on Cross Appeal due: February 12, 2021. (SC) 21-01953 01/29/2021 Transcript Filed Notice from Court Reporter. Jill Hawkins stating that the requested transcripts were delivered. Dates of transcripts: 10/21/19, 10/22/19 and 09/30/19. (SC) 21-02825 02/11/2021 Brief Filed Respondent/Cross-Appellant's Reply to Appellants/Cross-Respondents' Combined Reply Brief and Answering Brief. (SC) 21-04190 02/11/2021 Case Status Update Briefing Completed/To Screening. (SC) 05/06/2021 Order/Procedural Filed Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument on July 7, 2021, at 10:00 a.m. in Carson City. The argument shall be limited to 30 minutes. (SC) 21-13075 06/23/2021 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 21-18048 07/07/2021 Case Status Update Oral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. 80211. (NNP21-EC/KP/DH) (SC) 09/24/2021 Order/Dispositional Filed Order Affirming in Part and Reversing in Part. "We ORDER the judgement of the district court AFFIRMED IN PART AND REVERSED IN PART." NNP21 - EC/KP/DH (SC) 21-27612 10/19/2021 Remittitur Issued Remittitur. (SC) 21-30035 10/19/2021 Case Status Update Remittitur Issued/Case Closed. (SC) 11/04/2021 Remittitur Filed Remittitur. Received by District Court Clerk on October 20, 2021. (SC) 21-30035 Combined Case View