LAKES VS. U.S. BANK TR. , 2021 NV 85 ( 2021 )

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Cases Participant Search 21-37160: 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: 79324 Short Caption: LAKES VS. U.S. BANK TR. Court: Supreme Court Related Case(s): 79324-COA Lower Court Case(s): Clark Co. - Eighth Judicial District - A759016 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Disposition Filed Replacement: Panel Assigned: En Banc To SP/Judge: 08/08/2019 / Kuzemka, Kristine SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: How Submitted: + Party Information Role Party Name Represented By Appellant Daniel Lakes Doreen M. Spears Hartwell (Hartwell Thalacker, Ltd.) Laura J. Thalacker (Hartwell Thalacker, Ltd.) Respondent U.S. Bank Trust Gilbert Charles Dickey (McGuire Woods LLP) Maria A. Gall (Ballard Spahr LLP/Las Vegas) Stephanie J. Peel (McGuire Woods LLP) Joel E. Tasca (Ballard Spahr LLP/Las Vegas) + Due Items Due Date Status Due Item Due From 01/24/2022 Open Remittitur Docket Entries Date Type Description Pending? Document 08/05/2019 Filing Fee Filing Fee Waived. In Forma Pauperis. (SC) 08/05/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 19-32838 08/05/2019 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) 19-32842 08/08/2019 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Kristine M. Kuzemka. (SC). 19-33474 08/29/2019 Notice/Outgoing Issued Notice to File Docketing Statement. Due date: 10 days. (SC) 19-36196 09/05/2019 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for October 10, 2019. 19-37178 09/08/2019 Docketing Statement Filed Docketing Statement Civil Appeals. (SC) 19-37481 10/10/2019 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: November 14, 2019. (SC) 19-41990 11/25/2019 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 19-48066 11/26/2019 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant: 14 days transcript request; 90 days opening brief and appendix. (SC). 19-48375 12/09/2019 Transcript Request Filed Certificate of No Transcript Request. (SC) 19-49858 02/25/2020 Motion Filed Appellant's Motion to Extend Time For Opening Brief. (SC) 20-07573 03/02/2020 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: March 25, 2020. (SC). 20-08298 03/25/2020 Brief Filed Appellant's Opening Brief. (SC) 20-11545 03/25/2020 Appendix Filed Appendix to Opening Brief Volume 1 (Pt 1) (REJECTED PER 3/26/20 NOTICE). (SC) 20-11546 03/26/2020 Notice/Outgoing Issued Notice of Deficient Appendix. Corrected appendix due: 5 days. (SC) 20-11561 03/28/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 1-2. (SC) 20-11931 04/03/2020 Motion Filed Respondent's Motion to Extend Time to File Answering Brief. (SC) 20-12775 04/03/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondent's Answering Brief Due May 25, 2020. (SC) 20-12824 05/21/2020 Brief Filed Respondent's Answering Brief. (SC) 20-19470 06/19/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: July 6, 2020. (SC). 20-22910 07/06/2020 Brief Filed Appellant's Reply Brief. (SC) 20-24890 07/07/2020 Brief Filed Appellant's Amended Reply Brief. (SC) 20-24891 07/07/2020 Case Status Update Briefing Completed/To Screening. (SC) 07/27/2020 Notice/Outgoing Issued Notice of Transfer Case to Court of Appeals. (SC). 20-27137 07/27/2020 Case Status Update Transferred to Court of Appeals. (SC). 12/30/2020 Order/Dispositional Filed Order of Reversal and Remand. "We reverse the district court's summary judgement for U.S. Bank and remand this matter for further proceedings consistent with this order." Court of Appeals- MG/JT/BB. (SC) 01/19/2021 Post-Judgment Petition Filed Respondent's Petition for Review. (SC) 21-01565 01/21/2021 Case Status Update Transferred from Court of Appeals. (SC) 02/04/2021 Order/Procedural Filed Order Directing Answer to Petition for Review. Appellant's Answer due: 14 days. (SC) 21-03443 02/18/2021 Post-Judgment Petition Filed Appellant's Answer to Petition for Review. (SC) 21-04914 04/23/2021 Post-Judgment Order Filed Order Granting Petition for Review. (SC) 21-11724 04/26/2021 Order/Procedural Filed Order Directing Supplemental Briefing. Appellant shall have 30 days from the date of this order to file and serve a supplemental opening brief. Respondent shall have 30 days from service of the supplemental opening brief to file and serve a supplemental answering brief. Appellant shall have 15 days from service of the supplemental answering brief to file and serve a supplemental reply brief, if warranted. The supplemental briefs shall comply with NRAP 28, 28.2, and 32. (SC) 21-11915 04/30/2021 Motion Filed Respondent's Unopposed Motion for Clarification and Extension of Time. (REJECTED PER NOTICE FILED ON 5/3/21)(SC) 05/03/2021 Notice/Outgoing Issued Notice Of Rejection - No Notice Of Appearance. (SC) 21-12552 05/06/2021 Notice/Incoming Filed Respondent's Notice of Appearance for Maria A. Gall. (SC) 21-13033 05/06/2021 Motion Filed Respondent's Unopposed Motion for Clarification and Extension of Time. (SC) 21-13035 05/19/2021 Order/Procedural Filed Order. On April 26, 2021, this court entered an order directing supplemental briefing in this appeal. Respondent has now filed a motion for clarification of that order and for an extension of time to file its supplemental brief. Appellant Daniel Lakes shall have until May 26, 2021, to file and serve a supplemental opening brief. Thereafter, respondent U.S. Bank Trust shall have 30 days from service of Lakes's supplemental opening brief to file and serve a supplemental answering brief. Lakes shall then have 15 days from service of the supplemental answering brief to file and serve a supplemental reply brief, if deemed warranted. The supplemental briefs shall comply with NRAP 28, 28.2, and 32. Respondent's motion for an extension of time to file its supplemental brief is denied. (SC) 21-14369 05/26/2021 Brief Filed Appellant's Supplemental Opening Brief. (SC) 21-15172 06/16/2021 Motion Filed Motion to Associate Counsel Stephanie J. Peel, Esq.(SC) 21-17337 06/16/2021 Motion Filed Motion to Associate Counsel Gilbert Charles Dickey, Esq. (SC) 21-17339 06/25/2021 Order/Procedural Filed Order Granting Motions to Associate Counsel. Respondent has filed motions to associate attorneys Stephanie J. Peel and Gilbert Charles Dickey, both of McGuire Woods, LLP, in this matter pursuant to SCR 42. . Ms. Peel and Mr. Dickey shall be permitted to appear on behalf of respondent in this appeal. Nevada attorney Maria Gall of Ballard Spahr, LLP shall be responsible for all matters presented by Ms. Peel and Mr. Dickey in this matter. (SC) 21-18354 06/25/2021 Brief Filed Respondent's Supplemental Answering Brief. (SC) 21-18404 07/02/2021 Motion Filed Motion of Federal Home Loan Mortgage Corporation to Appear as Amicus Curiae and File a Brief in Support of Respondent. (SC) 21-19156 07/02/2021 Brief Filed Brief of Amicus Curiae Federal Home Loan Mortgage Corporation. (SC) 21-19157 07/09/2021 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant's Supplemental Reply Brief due: July 26, 2021. (SC) 21-19823 07/26/2021 Brief Filed Appellant's Supplemental Reply Brief. (SC) 21-21634 10/18/2021 Order/Procedural Filed Order Granting Motion. The Federal Home Loan Mortgage Corporation has filed a motion for leave to file an amicus brief in support of respondent. The motion is granted. NRAP 29(a). The amicus brief was filed on July 2, 2021. (SC) 21-29907 12/30/2021 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Cadish, J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Silver/Pickering/Herndon. 137 Nev. Adv. Opn. No. 85. En Banc. (SC). 21-37160 Combined Case View