Muney Vs. Arnould C/W 81355/81356 ( 2021 )


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    Case Information: 81356
    Short Caption:MUNEY VS. ARNOULD C/W 81354/81355Court:Supreme Court
    Consolidated:81354*, 81355, 81356Related Case(s):81354, 81355, 83636, 83641
    Lower Court Case(s):Clark Co. - Eighth Judicial District - A803488Classification:Civil Appeal - General - Other
    Disqualifications:Case Status:Remittitur Issued/Case Closed
    Replacement:Panel Assigned: Panel
    To SP/Judge:07/07/2020 / Mishel, PersiSP Status:Completed
    Oral Argument:Oral Argument Location:
    Submission Date:How Submitted:

    + Party Information
    RoleParty NameRepresented By
    AppellantChef Exec Suppliers, LLCRobert J. Kern (Kern Law, Ltd.)
    AppellantClement MuneyRobert J. Kern (Kern Law, Ltd.)
    RespondentDominique ArnouldPhillip S. Aurbach (Marquis Aurbach Coffing)
    Alexander K. Calaway (Marquis Aurbach Coffing)

    Docket Entries
    DateTypeDescriptionPending?Document
    06/22/2020Filing FeeFiling Fee due for Appeal. (SC)
    06/22/2020Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC)20-23106
    06/22/2020Notice/OutgoingIssued Notice to File Case Appeal Statement/Civil. Due date: 10 days. (SC)20-23108
    06/22/2020Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. (SC)20-23110
    06/23/2020Notice of Appeal DocumentsFiled Addendum to Notice of Appeal Packet submitted 06/15/2020 - A803488. (SC)20-23230
    07/01/2020Filing FeeFiling Fee Paid. $250.00 from Kern Law. Check no. 5518. (SC)
    07/01/2020Notice/OutgoingIssued 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 counsel for appellant - due: 21 days. (SC).20-24437
    07/07/2020Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Persi J. Mishel. (SC)20-25035
    07/10/2020Order/ProceduralFiled Order to File Case Appeal Statement. Appellant shall, within 7 days from the date of this order, file the overdue case appeal statement with the Supreme Court Clerk's Office. (SC)20-25539
    07/24/2020Notice/OutgoingIssued Notice to File Docketing Statement. Due date: 10 days. (SC)20-27039
    07/27/2020Order/ProceduralFiled Order Directing Appellant's to File Overdue Case Appeal Statement. Due: 7 days. (SC)20-27156
    07/28/2020Notice of Appeal DocumentsFiled Appellants' Case Appeal Statement. (SC)20-27533
    07/29/2020Notice/OutgoingIssued Notice to Provide Proof of Service (Appellants' Case Appeal Statement). Due date: 10 days. (SC)20-27685
    07/31/2020Notice/IncomingFiled Appellant's Proof of Service for Case Appeal Statement. (SC)20-28027
    07/31/2020Settlement Program Motion/StipulationFiled Respondent's Motion to Dismiss Appeal. (SC)20-28078
    08/06/2020MotionFiled Appellant's Opposition to Motion to Dismiss. (SC)20-28998
    08/06/2020Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.(SC)20-29032
    08/11/2020Order/ProceduralFiled Order Denying Motion and Directing Appellants to File Overdue Docketing Statement. Respondent's Motion to Dismiss is Denied. Appellants' Docketing Statement Due: 7 Days. (SC)20-29500
    08/11/2020Notice/IncomingFiled Proof of Service (Opposition to Respondent's Motion to Dismiss served on Settlement Judge). (SC).20-29640
    08/17/2020Docketing StatementFiled Appellant's Docketing Statement. (SC)20-30326
    08/19/2020Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for September 17, 2020, at 12:00 pm. Case Nos. 81354/81355/81356. (SC).20-30553
    09/23/2020Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: TBD. Case Nos. 81354/81355/81356. (SC).20-35039
    10/09/2020Settlement Program ReportFiled Final Report/Other. Based on the information I have received after the settlement conference of September 17, I have determined that a second settlement conference would not be productive. I recommend these appeals be removed from the settlement program. Case Nos. 81354/81355/81356. (SC).Y20-37279
    10/13/2020Settlement Order/ProceduralFiled Order Consolidating Appeals, Removing from Settlement Program and Reinstating Briefing. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief. Nos. 81355/81356. (SC)20-37565
    10/19/2020Order/ProceduralFiled Order to Show Cause. appellants shall have 30 days from the date of this order within which to show cause why the appeal in Docket No. 81356 should not be dismissed for lack of jurisdiction. The preparation of transcripts and the briefing schedule in these consolidated appeals shall be suspended pending further order of this court. Respondent may file any reply within 14 days from the date that appellants' response is served. Nos. 81354/81355/81536. (SC).20-38271
    10/28/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 8/12/2020. To Court Reporter: Unknown. (REJECTED PER NOTICE ISSUED ON 10/29/2020). Nos. 81354/81355/81536 (SC)
    10/29/2020Notice/OutgoingIssued Notice of Deficient Transcript Request. Nos. 81354/81355/81536. (SC)20-39570
    11/02/2020Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/22/20 and 6/12/20.. To Court Reporter: Brynn White. Nos. 81354/81355/81536 (SC)20-39834
    11/19/2020MotionFiled Appellants' Response to Order to Show Cause (REJECTED PER 11/20/20 NOTICE). Nos. 81354/81355/81356 (SC).
    11/20/2020Notice/OutgoingIssued Notice of Rejection of Filed Document (Appellants' Response to Order to Show Cause). Nos. 81354/81355/81356. (SC).20-42426
    11/20/2020MotionFiled Appellant's Motion to Extend Time to Respond to Order to Show Cause. Nos. 81354/81355/81356. (SC).20-42475
    11/20/2020Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. (Appellant's Motion to Extend Time to Respond to Order to Show Cause). Nos. 81354/81355/81356. (SC).20-42497
    11/24/2020Order/ProceduralFiled Order Granting Motion. Appellant shall have until November 30, 2020, file and serve the response to order to show cause. Nos. 81354/81355/81356. (SC)20-42838
    11/24/2020MotionFiled Appellants' Response to Order to Show Cause. Nos. 81354/81355/81356. (SC)20-42868
    12/01/2020Order/ProceduralFiled Order Reinstating Briefing. It appears this court has jurisdiction and the appeal in Docket No. 81356 may proceed. The briefing schedule is reinstated as follows. Appellants shall have 60 days from the date of this order to file and serve a combined opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 81354/81355/81356. (SC)20-43413
    12/30/2020MotionFiled Court Recorder Brynn White's Affidavit & Motion for Extension of Time. Nos. 81354/81355/81356. (SC)20-46895
    01/05/2021Order/ProceduralFiled Order Granting Motion. Court Reporter's Notice of Delivery of Transcripts due: January 19, 2021. Appellant's Opening Brief and Appendix due: March 1, 2021. Nos. 81354/81355/81356. (SC).21-00187
    01/21/2021TranscriptFiled Notice from Court Reporter. Brynn White stating that the requested transcripts were delivered. Dates of transcripts: 6/12/20. Nos. 81354/81355/81356 (SC)21-01799
    02/25/2021MotionFiled Appellants' Motion to Extend Time to File Opening Brief and Appendix. Nos. 81354/81355/81356 (SC)21-05552
    03/01/2021Order/ProceduralFiled Order Granting Motion. Cause appearing, the motion for an extension of time to file the opening brief is granted. Opening brief and appendix due: March 31, 2021. Nos. 81354/81355/81356 (SC)21-05983
    03/31/2021BriefFiled Appellant's Opening Brief. (REJECTED PER NOTICE ISSUED ON 4/1/21) Nos. 81354/81355/81356 (SC)
    04/01/2021Notice/OutgoingIssued Notice of Deficient Brief. Corrected brief due: 5 days. Nos. 81354/81355/81356. (SC)21-09397
    04/01/2021BriefFiled Appellants' Opening Brief. Nos. 81354/81355/81356. (SC)21-09494
    04/01/2021AppendixFiled Appellants' Appendix to Opening Brief. Vols. 1-3. Nos. 81354/81355/81356 (SC)21-09496
    04/29/2021MotionFiled Respondent's Motion to Extend Time to File Answering Brief. Nos. 81354/81355/81356. (SC)21-12279
    04/29/2021Notice/OutgoingIssued Notice Motion/Stipulation Approved for Answering Brief. Due date is June 2, 2021. Nos. 81354/81355/81356. (SC)21-12282
    06/02/2021AppendixFiled Respondent's Appendix to Answering Brief. Vol. 1. Nos. 81354/81355/81356 (SC)21-15715
    06/02/2021BriefFiled Respondent's Answering Brief. Nos. 81354/81355/81356 (SC)21-15716
    06/03/2021Notice/IncomingFiled Errata to Respondent Dominique Arnould's Answering Brief. Nos. 81354/81355/81356. (SC)21-15964
    06/09/2021MotionFiled Appellants' Motion for Stay. Nos. 81354/81355/81356. (SC)21-16509
    06/16/2021MotionFiled Respondent's Opposition to Motion for Stay Pending Appeal. Nos. 81354/81355/81356 (SC)21-17414
    06/23/2021MotionFiled Appellant's Reply in Support of Motion for Stay of District Court Proceedings Pending Appeal. Nos. 81354/81355/81356 (SC)21-18101
    06/24/2021MotionFiled Appellant's Errata to the Reply in Support of Motion for Stay of District Court Proceedings Pending Appeal. Nos. 81354/81355/81356 (SC)21-18258
    06/28/2021Order/IncomingFiled District Court Order Denying Defendants/Counter-Claimants' Motion for Stay Pending Appeal. Filed in district court on 6/17/21. (SC)21-18546
    07/01/2021Order/ProceduralFiled Order Denying Stay. Appellants have filed a motion for a stay of the upcoming trial on the ground that the resolution of the appeal may moot the need for a trial. Having considered the motion, opposition, and reply, and the district court's order denying a stay, this court denies the motion. Nos. 81354/81355/81356. (SC)21-18984
    07/02/2021BriefFiled Appellant's Reply Brief. Nos. 81354/81355/81356. (SC)21-19072
    07/02/2021Case Status UpdateBriefing Completed/To Screening. Nos. 81354/81355/813356. (SC)
    09/16/2021Order/DispositionalFiled Order Dismissing Appeals. "ORDER these appeals DISMISSED." fn4 [The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.] JH/LS/MG. Nos. 81354/81355/813356. (SC)21-26885
    10/11/2021RemittiturIssued Remittitur. Nos. 81354/81355/813356. (SC)21-29145
    10/11/2021Case Status UpdateRemittitur Issued/Case Closed. Nos. 81354/81355/813356. (SC)
    10/19/2021RemittiturFiled Remittitur. Received by District Court Clerk on October 12, 2021. Nos. 81354/81355/81356. (SC)21-29145

Document Info

Docket Number: 81354

Filed Date: 9/16/2021

Precedential Status: Precedential

Modified Date: 12/6/2021