BANK OF AMERICA, N.A. VS. THOMAS JESSUP, LLC SER. VII ( 2019 )

73785: Case View

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Cases Participant Search 19-10173: 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: 73785 Short Caption: BANK OF AMERICA, N.A. VS. THOMAS JESSUP, LLC SER. VII Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - A693205 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Exempt Oral Argument: 11/04/2019 at 1:30 PM Oral Argument Location: Carson City Submission Date: 11/04/2019 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae Airmotive Investments, LLC. Roger P. Croteau (Roger P. Croteau & Associates, Ltd.) Amicus Curiae Anthony S. Noonan In Proper Person Amicus Curiae Las Vegas Development Group, LLC Roger P. Croteau (Roger P. Croteau & Associates, Ltd.) Amicus Curiae RJRN Holdings, LLC Michael N. Beede (The Law Office of Mike Beede, PLLC) Amicus Curiae RJRN Holdings, LLC Michael N. Beede (The Law Office of Mike Beede, PLLC) Amicus Curiae SFR Investments Pool 1, LLC Karen L. Hanks (Kim Gilbert Ebron) Amicus Curiae Thunder Properties, Inc. Roger P. Croteau (Roger P. Croteau & Associates, Ltd.) Appellant Bank of America, N.A. Darren T. Brenner (Akerman LLP/Las Vegas) Ariel E. Stern (Akerman LLP/Las Vegas) Lilith V. Xara (Akerman LLP/Las Vegas) Appellant Mortgage Electronic Registration Systems, Inc. Darren T. Brenner (Akerman LLP/Las Vegas) Ariel E. Stern (Akerman LLP/Las Vegas) Lilith V. Xara (Akerman LLP/Las Vegas) Appellant The Bank of New York Mellon Darren T. Brenner (Akerman LLP/Las Vegas) Ariel E. Stern (Akerman LLP/Las Vegas) Lilith V. Xara (Akerman LLP/Las Vegas) Respondent Absolute Collection Services, LLC Shane D. Cox (Cox Law, LLC) Respondent Foxfield Community Association Shane D. Cox (Cox Law, LLC) Respondent Thomas Jessup, LLC Series VII Karen L. Hanks (Kim Gilbert Ebron) Richard L. Tobler (Law Office of Richard L. Tobler, Ltd.) Docket Entries Date Type Description Pending? Document 08/21/2017 Filing Fee Filing Fee Paid. $250.00 from Akerman LLP. Check no. 26000994. 08/21/2017 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 17-27919 08/21/2017 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. 17-27922 08/22/2017 Settlement Notice Issued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellants 15 days transcript request form; 120 days opening brief: 17-28077 09/22/2017 Notice/Outgoing Issued Notice to File Docketing Statement and Request Transcripts. Due date: 10 days. 17-32170 09/29/2017 Transcript Request Filed Appellant's Certificate that No Transcript is Requested. 17-33119 10/02/2017 Notice of Appeal Documents Filed Amended Case Appeal Statement by The Bank of New York Mellon, Bank of America, N.A. and Mortgage Electronic Registration Systems, Inc. 17-33283 10/02/2017 Docketing Statement Filed Docketing Statement Civil Appeals. 17-33284 12/15/2017 Order/Clerk's Filed Order Granting Telephonic Extension. Opening Brief and Appendix due: January 3, 2018. 17-43383 01/05/2018 Motion Filed Appellant's Motion to File Appellant's Opening Brief and Appendix. 18-00598 01/16/2018 Order/Procedural Filed Order Granting Motion. The clerk shall file the opening brief and appendix received via E-Flex on January 4, 2018. Answering Brief due: 30 days. 18-02046 01/16/2018 Brief Filed Appellant's Opening Brief. 18-02047 01/16/2018 Appendix Filed Appendix to Opening Brief, Volume I, Part 1. 18-02048 01/16/2018 Appendix Filed Appendix to Opening Brief, Volume I, Part. 2. 18-02049 01/16/2018 Appendix Filed Appendix to Opening Brief, Volume II, Part 1. 18-02050 01/16/2018 Appendix Filed Appendix to Opening Brief, Volume II, Part 2. 18-02051 01/16/2018 Appendix Filed Appendix to Opening Brief, Volume III. 18-02052 01/16/2018 Appendix Filed Appendix to Opening Brief, Volume IV. 18-02053 02/09/2018 Notice of Appeal Documents Filed Amended Case Appeal Statement by Bank of America, N.A. (BANA), Mortgage Electronic Registrations Systems, Inc. (MERS), and The Bank of New York Mellon (BoNYM) (Collectively Appellants). 18-05530 02/09/2018 Notice/Incoming Filed Amended Certificate of Service. (Appellant's Opening Brief Along with the Notice of Filing Amended Case Appeal Statement). 18-05543 02/16/2018 Brief Filed Respondent Thomas Jessup, LLC Series VII's Answering Brief. 18-06442 02/21/2018 Order/Procedural Filed Order Modifying Caption. We conclude that Foxfield Community Association and Absolute Collection Services are respondents to this appeal, and we direct the clerk to revise the caption for this appeal by adding Foxfield Community Association and Absolute Collection Services, LLC as respondents. If any party is of the opinion that the caption, as modified, does not accurately reflect the status of the parties to this matter, or if attorney Shane Cox does not represent either or both Foxfield Community Association and Absolute Collection Services for purposes of this appeal, they shall notify this court in writing within 11 days of the date of this order. 18-06726 02/27/2018 Motion Filed Stipulation to Extend Time to File Respondent's Answering Brief (Absolute Collection Services, LLC and Foxfield Community Association). 18-07764 03/05/2018 Order/Procedural Filed Order Approving Stipulation. Foxfield Community Association and Absolute Collection Services, LLC.'s Answering Brief due: March 23, 2018. 18-08531 03/06/2018 Motion Filed Stipulation to Set Single Deadline for Appellants' Reply Brief. 18-08691 03/12/2018 Order/Procedural Filed Order. Appellants shall have 30 days from the service of respondents Foxfield Community Association's and Absolute Collection Service, LLC's answering brief to file and serve a single reply in response to both answering briefs. 18-09583 03/23/2018 Brief Filed Respondents Absolute Collection Services, LLC and Foxfield Community Association's Answering Brief. 18-11481 04/19/2018 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: May 7, 2018. 18-15121 05/08/2018 Motion Filed Motion to File Appellant's Reply Brief. 18-17508 05/14/2018 Order/Procedural Filed Order Granting Motion. The clerk shall file the reply brief received via E-Flex on May 8, 2018. 18-18282 05/14/2018 Brief Filed Appellant's Reply Brief. 18-18283 05/14/2018 Case Status Update Briefing Completed/To Screening. 05/18/2018 Notice/Incoming Filed Notice of Appearance (Ariel Stern as counsel for the Appellants). 18-19157 03/07/2019 Opinion/Dispositional Filed Per Curiam Opinion. "Reversed and remanded." Before: Hardesty/Stiglich/Silver. Majority: Hardesty/Stiglich/Silver. 135 Nev. Adv. Opn. No. 7. SNP19-JH/LS/AS (SC) 19-10173 03/25/2019 Post-Judgment Petition Filed Respondent Thomas Jessup, LLC Series VII's Petition for Rehearing. (SC) 19-13120 03/25/2019 Filing Fee Filing fee paid. E-Payment $150.00 from Richard L. Tobler 04/01/2019 Motion Filed Motion for Leave to File SFR Investments Pool 1, LLC 'S Amicus Curiae Brief in Support of Respondent's Petition for Rehearing. (SC) 19-14251 04/01/2019 Brief Filed Brief of Amicus Curiae SFR Investments Pool 1, LLC in Support of Respondent's Petition for Rehearing. (STRICKEN PER ORDER 4/25/19). (SC) 04/02/2019 Motion Filed Motion for Leave to File RJRN Holdings, LLC'S Amicus Curiae Brief in Support of Respondent's Petition for Rehearing. (SC) 19-14294 04/02/2019 Brief Filed Brief of Amicus Curiae RJRN Holdings, LLC, in Support of Respondent's Petition for Rehearing. (STRICKEN PER ORDER 4/25/19). (SC) 04/02/2019 Notice/Incoming Filed Errata to RJRN Holdings, LLC's Brief of Amicus Curiae in Support of Respondent's Petition for Rehearing. (STRICKEN PER ORDER 4/25/19). (SC) 04/05/2019 Motion Filed Proper Person Motion for Leave to File Brief of Amicus Curiae, Pro Se, Anthony S. Noonan, In Support of Respondent's Petition for Rehearing. (SC). 19-15029 04/25/2019 Order/Procedural Filed Order Denying Motions for Leave to File Amicus Briefs on Rehearing. We direct the clerk of this court to strike SFR's amicus brief, filed on April 1, 2019, to strike RJRN's amicus brief and errata filed on April 2, 2019, and to return, unfiled, Noonan's proposed amicus brief provisionally received in this court on April 5, 2019. (SC) 19-18106 04/25/2019 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC) 19-18107 05/09/2019 Post-Judgment Petition Filed Respondent Thomas Jessup, LLC Series VII's Petition for En Banc Reconsideration. (SC) 19-20469 05/16/2019 Motion Filed Las Vegas Development Group, LLC's; LVDG, LLC; Airmotive Investments, LLC; and Thunder Properties, Inc.'s Motion for Leave to File Amicus Brief. (SC) 19-21688 05/16/2019 Brief Filed Las Vegas Development Group, LLC; LVDG, LLC; Airmotive Investments, LLC; and Thunder Properties, Inc.'s Brief of Amici Curiae in Support of Respondent and Supporting Petition for En Banc Reconsideration. (SC) 19-21689 05/16/2019 Motion Filed SFR Investments Pool 1, LLC's Motion for Leave to File Amicus Curiae Brief In Support of Respondent's Motion for En Banc Reconsideration. (SC) 19-21694 05/16/2019 Brief Filed Brief of Amicus Curaie SFR Investments Pool 1, LLC in Support of Respondent's Petition for En Banc Reconsideration. (SC) 19-21695 05/16/2019 Motion Filed RJRN holdings, LLC's Motion for Leave to File Amicus Curiae Brief in Support of Respondent's Petition for Rehearing. (SC) (DETACHED AMICUS BRIEF FROM MOTION AND FILED SEPARATELY PER 07/09/19 ORDER). 19-21700 07/05/2019 Order/Procedural Filed Order Directing Answer to Petition for En Banc Reconsideration. Appellant shall have 14 days from the date of this order within which to file and serve an answer to the petition. We stay issuance of the remittitur in this appeal pending resolution of the petition for en banc reconsideration. (SC) 19-28688 07/09/2019 Order/Procedural Filed Order Granting Motions. Having considered the motions, this court grants leave to file the proposed amicus briefs. The amicus briefs of SFR and Las Vegas Development Group, LLC; LVDG, LLC; Airmotive Investments, LLC; and Thunder Properties, Inc. have been filed. The clerk of this court shall detach the proposed brief from the motion filed by RJRN Holdings, LLC, and shall file it separately. Appellants shall provide any response to the amicus briefs in their answer to the petition for en banc reconsideration. (SC). 19-29089 07/09/2019 Brief Filed RJRN Holdings, LLC's Amicus Curiae Brief. (SC). 19-29090 07/19/2019 Post-Judgment Petition Filed Appellants' Answer to Respondent's Petition for En Banc Reconsideration. (SC) 19-30672 09/24/2019 Post-Judgment Order Filed Order Granting En Banc Reconsideration and Scheduling Oral Argument. This matter is scheduled for oral argument on November 4, 2019, at 1:30 p.m. in Carson City. Argument shall be limited to 30 minutes. Hardesty, J., with whom Parraguirre, J., Stiglich, J., and Silver, J., agree, dissenting. (SC) 19-39646 10/08/2019 Notice/Incoming Filed Notice of Appearance (Karen L. Hanks as counsel for respondent Thomas Jessup, LLC Series VII). (SC) 19-41712 10/08/2019 Motion Filed Respondent Thomas Jessup, LLC Series VII's Motion for Additional Oral Argument Time. (SC) 19-41718 10/10/2019 Order/Procedural Filed Order Denying Motion. Respondents have a file motion for additional time for oral argument. The motion is denied. (SC). 19-42021 10/21/2019 Notice/Outgoing Issued Oral Argument Reminder Notice. SC) 19-43418 11/04/2019 Case Status Update Oral argument held this day. Case submitted for decision. Before The En Banc Court. (SC) 05/07/2020 Order/Dispositional Filed Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." EN BANC (SC) 20-17375 06/01/2020 Remittitur Issued Remittitur. (SC) 20-20464 06/01/2020 Case Status Update Remittitur Issued/Case Closed. (SC) 06/29/2020 Remittitur Filed Remittitur. Received by District Court Clerk on June 2, 2020. (SC) 20-20464 Combined Case View