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For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600.Case Information: 80111 Short Caption: SATICOY BAY, LLC SER. 34 INNISBROOK VS. THORNBURG MORTG. SEC. TR. 2007-3 Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - A710161 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 12/03/2019 / Chapin, Patrick SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: 01/05/2022 How Submitted: On Briefs
+ Party Information Role Party Name Represented By Amicus Curiae SFR Investments Pool 1, LLC Jacqueline A. Gilbert (Former)
Karen L. Hanks (Hanks Law Group)
Chantel M. Schimming (Hanks Law Group)Appellant Saticoy Bay, LLC Series 34 Innisbrook Christopher L. Benner (Roger P. Croteau & Associates, Ltd.)
Roger P. Croteau (Roger P. Croteau & Associates, Ltd.)
Chet A. Glover (Former) (Roger P. Croteau & Associates, Ltd.)
Timothy E. Rhoda (Roger P. Croteau & Associates, Ltd.)Respondent Frank Timpa Travis D. Akin (Lin Law Group)
Bryan Naddafi (Avalon Legal Group LLC)
Elena Nutenko (Avalon Legal Group LLC)Respondent Las Vegas Valley Water District Gregory J. Walch Respondent Madelaine Timpa Travis D. Akin (Lin Law Group)
Bryan Naddafi (Avalon Legal Group LLC)
Elena Nutenko (Avalon Legal Group LLC)Respondent Red Rock Financial Services, LLC David R. Koch (Koch & Scow, LLC)
Steven B. Scow (Koch & Scow, LLC)
Daniel G. Scow (Koch & Scow, LLC)Respondent Republic Services Drew J. Starbuck (Williams Starbuck)
Donald H. Williams (Williams Starbuck)Respondent Spanish Trail Master Association Sean L. Anderson (Leach Kern Gruchow Anderson Song/Las Vegas)
Ryan D. Hastings (Leach Kern Gruchow Anderson Song/Las Vegas)Respondent Thornburg Mortgage Securities Trust 2007-3 Thera A. Cooper (Former) (Clark Hill Strasburger)
Scott R. Lachman (Former) (Akerman LLP/Las Vegas)
Aaron D. Lancaster (Troutman Pepper Hamilton Sanders LLP/Atlanta)
Melanie D. Morgan (Former) (Akerman LLP/Las Vegas)
Gary E. Schnitzer (Kravitz Schnitzer Johnson Watson & Zeppenfeld, Chtd.)
Ariel E. Stern (Former) (Akerman LLP/Las Vegas)
Vanessa M. Turley (Troutman Pepper Hamilton Sanders LLP/Las Vegas)Respondent Timpa Trust Travis D. Akin (Lin Law Group)
Bryan Naddafi (Avalon Legal Group LLC)
Elena Nutenko (Avalon Legal Group LLC)
Docket Entries Date Type Description Pending? Document 12/02/2019 Filing Fee Filing Fee Paid. $250.00 from Roger P. Croteau & Associates. Check no. 22551. (SC) 12/02/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 19-48647
12/02/2019 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) 19-48649
12/03/2019 Notice/Incoming Filed Notice of Appearance (Ariel E. Stern, Melanie D. Morgan and Scott R. Lachman of Akerman LLP, as counsel for Respondent Thornburg Mortgage Securities Trust 2007-3. (SC) 19-48961
12/03/2019 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Patrick N. Chapin. (SC). 19-48969
12/05/2019 Notice/Incoming Filed Notice of Appearance (Bryan Naddafi and Elena Nutenko of Avalon Legal Group LLC as co-counsel for Frank Timpa, Madelaine Timpa, and Timpa Trust). (SC) 19-49332
12/23/2019 Docketing Statement Filed Docketing Statement Civil Appeals. (SC) 19-51933
12/23/2019 Docketing Statement Filed Docketing Statement Civil Appeals (Exhibits). (SC) 19-51936
01/09/2020 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for Friday, April 17, 2020, at 9:30 AM. (SC) 20-01165
03/04/2020 Notice/Incoming Filed Notice of Disassociation (Thera A. Cooper is no longer associated with the law firm of Akerman LLP). (SC) 20-08735
04/03/2020 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: May 28, 2020, at 9:30 AM. (SC) 20-12770
05/11/2020 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: June 30, 2020, at 9:30 AM. (SC) 20-17738
05/12/2020 Motion Filed Respondent Spanish Trail Master Association's Motion to Dismiss Appeal. (SC). 20-18075
05/18/2020 Notice/Incoming Filed Notice of Appearance (Chet Glover as counsel for the Appellant). (SC). 20-18852
05/18/2020 Notice/Incoming Filed Notice of Appearance (Chris Brenner as counsel for Appellant). (SC). 20-18856
05/19/2020 Motion Filed Appellant's Opposition to Respondent Spanish Trail Master Association's Motion to Dismiss Appeal. (SC) 20-18995
05/19/2020 Motion Filed Respondent Red Rock Financial Services' Joinder to Respondent Spanish Trail Master Association's Motion to Dismiss Appeal. (SC) 20-19034
05/26/2020 Motion Filed Respondent Spanish Trail Master Association's Reply in Support of Motion to Dismiss Appeal. (SC). 20-19877
06/02/2020 Order/Procedural Filed Order Denying Motion. Respondent Spanish Trail Master Association has filed a motion requesting this court to dismiss this appeal for lack of jurisdiction. Respondent Red Rock Financial Services, LLC, has filed a joinder to the motion. Appellant has opposed the motion. We deny the motion. This denial is without prejudice to respondents' right to renew the motion, if necessary, upon completion of settlement. (SC) 20-20692
06/03/2020 Settlement Order/Procedural Filed Order. The settlement judge shall file the Final Settlement Program Status Report by July 1, 2020. (SC). 20-20884
06/30/2020 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 20-24258
07/10/2020 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief and appendix. (SC) 20-25533
07/16/2020 Motion Filed Respondent Thornburg Mortgage Securities Trust 2007-3'S Motion to Dismiss Appeal. (SC) 20-26221
07/21/2020 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Opposition to Thornburg Mortgage Securities Trust 2007-3's Motion to Dismiss due: August 8, 2020. (SC). 20-26601
07/22/2020 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant's Transcript Request Form due: August 7, 2020. (SC) 20-26748
07/31/2020 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 07/03/18, 11/06/18, 06/11/19, 08/06/19, 08/13/19, 10/10/19, 10/29/19 and 12/17/19. To Court Reporter: Kerry Esparza. (SC) 20-27926
08/03/2020 Motion Filed Stipulation Regarding Survival of the Deed of Trust and Withdrawal of Motion to Dismiss Appeal. (SC) 20-28262
08/12/2020 Order/Procedural Filed Order. Appellant and respondent Thornburg Mortgage Securities Trust 2007-3 have filed a stipulation to withdraw Thornburg's motion to dismiss filed on July 16, 2020. The stipulation is approved. This court will take no action in regard to Thornburg's motion to dismiss. (SC) 20-29705
09/04/2020 Notice/Incoming Filed Notice of Disassociation (Chet A. Glover is no longer associated with the law firm of Roger P. Croteau & Associates, Ltd.). (SC) 20-32822
09/24/2020 Motion Filed Respondent Spanish Trail Master Association's Renewed Motion to Dismiss Appeal. (SC) 20-35272
09/29/2020 Motion Filed Respondent Red Rock Financial Services' Joinder to Respondent Spanish Trail Master Association's Renewed Motion to Dismiss Appeal. (SC) 20-35708
09/29/2020 Motion Filed Stipulation to Extend Time to Respond to Renewed Motion to Dismiss Appeal (First Request). (SC) 20-35792
10/01/2020 Order/Procedural Filed Order. The stipulation for an extension of time for appellant to file a response to the motion to dismiss is approved. NRAP 26(b)(2). Appellant's response to the motion to dismiss due: October 15, 2020. (SC) 20-36079
10/08/2020 Motion Filed Appellant's Motion to Extend Time to File Opening Brief and Appendix. (SC) 20-37045
10/09/2020 Order/Procedural Filed Order Granting Motion. Appellant shall have until November 23, 2020, to file and serve the opening brief and appendix. (SC) 20-37102
10/12/2020 Transcript Filed Notice from Court Reporter. Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts: 07/03/18. (SC) 20-37412
10/15/2020 Motion Filed Appellant's Opposition to Respondent Spanish Trail Master Association's Renewed Motion to Dismiss Appeal. (SC) 20-37979
10/19/2020 Transcript Filed Notice from Court Reporter. Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts: 07/03/18, 11/06/18, 06/11/19, 08/06/19, 08/13/19, 10/10/19, 10/29/19 and 12/17/19. (SC) 20-38256
10/22/2020 Motion Filed Stipulation Extending Time 30 Days for Filing Respondent Spanish Trail Master Association's Reply in Support of Renewed Motion to Dismiss Appeal. (SC) 20-38791
10/26/2020 Order/Procedural Filed Order Approving Stipulation. Respondent Spanish Trail shall have until November 23, 2020, to file and serve a reply. (SC) 20-39170
11/20/2020 Motion Filed Second Stipulation Extending Time for Filing Respondent Spanish Trail Master Association's Reply in Support of Renewed Motion to Dismiss Appeal. (SC) 20-42525
11/23/2020 Appendix Filed Joint Appendix Volume 1. (SC) 20-42663
11/23/2020 Appendix Filed Joint Appendix Volume 2. (SC) 20-42664
11/23/2020 Appendix Filed Joint Appendix Volume 3. (SC) 20-42666
11/23/2020 Appendix Filed Joint Appendix Volume 4. (SC) 20-42667
11/23/2020 Appendix Filed Joint Appendix Volume 5. (SC) 20-42669
11/23/2020 Appendix Filed Joint Appendix Volume 6. (SC) 20-42670
11/23/2020 Appendix Filed Joint Appendix Volume 7. (SC) 20-42672
11/23/2020 Appendix Filed Joint Appendix Volume 8. (SC) 20-42674
11/23/2020 Appendix Filed Joint Appendix Volume 9. (SC) 20-42675
11/23/2020 Appendix Filed Joint Appendix Volume 10. (SC) 20-42676
11/23/2020 Appendix Filed Joint Appendix Volume 11. (SC) 20-42677
11/23/2020 Appendix Filed Joint Appendix Volume 13. (SC) 20-42678
11/23/2020 Appendix Filed Joint Appendix Volume 12. (SC) 20-42679
11/23/2020 Motion Filed Appellant's Motion to Extend Time to File Opening Brief (Second Request). (SC) 20-42710
11/24/2020 Order/Procedural Filed Order. Spanish Trail Master Association have until December 7, 2020, to file and serve a reply. The briefing schedule in this appeal shall be suspended pending further order of this court. Appellant's motion for an extension of time to file the opening brief is denied as moot. (SC) 20-42843
12/07/2020 Motion Filed Respondent Spanish Trail Master Association's Reply in Support of Renewed Motion to Dismiss Appeal. (SC) 20-44270
12/16/2020 Order/Procedural Filed Order Denying Renewed Motion to Dismiss and Reinstating Briefing. Appellant's opening brief due: 30 days. (SC) 20-45491
01/15/2021 Motion Filed Respondent's Motion to Extend Time to File Opening Brief (Third Request). (SC) 21-01550
01/22/2021 Order/Procedural Filed Order Granting Motion. Appellant's opening brief and appendix due: January 29, 2021. (SC) 21-02031
01/29/2021 Brief Filed Appellant's Opening Brief. (SC) 21-02947
02/08/2021 Order/Clerk's Filed Order Granting Telephonic Extension. SFR Investments Pool 1 LLC shall have until February 19, 2021, to file and serve a motion to proceed as amicus curiae and the amicus curiae brief. (SC) 21-03725
02/12/2021 Order/Clerk's Filed Order Granting Telephonic Extension. Respondents Frank Timpa, Madelaine Timpa, and Timpa Trust shall have until March 15, 2021, to file and serve their answering brief. (SC) 21-04275
02/19/2021 Motion Filed Motion for Leave to File Amicus Curiae Brief in Support of Appellant's Opening Brief. (SC) 21-05083
02/19/2021 Brief Filed Brief of Amicus Curiae SFR Investments Pool 1, LLC in Support of Appellant's Opening Brief. (SC) 21-05084
02/24/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents Frank Timpa, Madelaine Timpa, and Timpa Trust's response to SFR Investments Pool 1, LLC's Motion for Leave to File Amicus Curiae Brief in Support of Appellant's Opening Brief due: March 12, 2021. (SC) 21-05437
02/25/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondent Thornburg Mortgage Securities Trust 2007-3's answering brief due: March 15, 2021. (SC) 21-05550
02/25/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondent Spanish Trail Master Association's answering brief due: March 15, 2021. (SC) 21-05551
02/25/2021 Order/Clerk's Filed Order Granting Telephonic Extension. Respondent Red Rock Financial Services, LLC shall have until March 15, 2021, to file and serve its answering brief. (SC) 21-05630
02/26/2021 Motion Filed Respondent Thornburg Mortgage Securities Trust 2007-3's Limited Opposition to SFR Investment Pool 1, LLC's Motion for Leave to File Amicus Curiae Brief. (SC) 21-05849
03/11/2021 Order/Procedural Filed Order Granting Motion. Proposed amicus curiae, SFR Investments Pool 1, LLC, has filed a motion for leave to file a brief of amicus curiae in support of appellant. The motion is granted. The amicus brief was filed on February 19, 2021. Respondents may address the issues raised in the amicus brief in their answering briefs, if deemed necessary. (SC) 21-07114
03/12/2021 Motion Filed Respondent Spanish Trail Master Association's Unopposed Motion to Extend Time to File Answering Brief. (SC) 21-07325
03/15/2021 Motion Filed Respondent Thornburg Mortgage Securities Trust 2007-3's Unopposed Motion to Extend Time to File Answering Brief. (SC) 21-07458
03/15/2021 Motion Filed Joint Motion for Order: (1) Extending Deadline to File Answering Briefs; (2) Extending Deadline to File Reply Brief; and (3) Increase Reply Brief Word Limit (First Request). (SC) 21-07466
03/19/2021 Order/Procedural Filed Order Granting Joint Motion. Respondents shall have until April 15, 2021, to file and serve their answering briefs. Thereafter, appellant shall have until August 13, 2021, to file and serve a reply brief, if deemed necessary. Any reply brief filed by appellant shall not exceed 14,000 words. Failure to comply with this order may result in the imposition of sanctions. fn1[The motions for extensions of time filed by Spanish Trail Master Association and Thornburg Mortgage Securities Trust 2007-3 are denied as moot.] fn2[Respondent Las Vegas Valley Water District did not participate in the joint motion. Nevertheless, Las Vegas Valley Water District shall have until April 15, 2021, to file and serve its answering brief. If no answering brief is timely filed, this appeal will be resolved without an answering brief from Las Vegas Valley Water District.] (SC) 21-08011
04/15/2021 Brief Filed Respondent Red Rock Financial Services, LLC's Answering Brief. (SC) 21-10896
04/15/2021 Brief Filed Respondent Spanish Trail Master Association's Answering Brief. (SC) 21-10915
04/15/2021 Appendix Filed Supplemental Excerpts of Record. (SC) 21-10917
04/15/2021 Brief Filed Respondent Thornburg Mortgage Securities Trust 2007-3's Answering Brief. (SC) 21-10976
04/15/2021 Appendix Filed Respondent Thornburg Mortgage Securities Trust 2007-3's Supplemental Appendix - Volume 1. (SC) 21-10977
04/15/2021 Brief Filed Respondent Timpa Trust's Answering Brief (REJECTED PER NOTICE ISSUED 04/16/21). (SC) 04/16/2021 Notice/Outgoing Issued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. 21-11003
04/16/2021 Brief Filed Respondent Timpa Trust's Answering Brief. (SC) 21-11106
06/04/2021 Order/Procedural Filed Order to File Document. To date, respondent Republic Services has failed to file an answering brief. Republic Services shall have 7 days from the date of this order to file and serve an answering brief. Failure to comply with this order will result in resolution of this appeal without an answering brief from Republic Services. (SC) 21-16041
08/13/2021 Brief Filed Appellant's Reply Brief. (SC) 21-23699
08/16/2021 Case Status Update Briefing Completed/To Screening. (SC) 11/04/2021 Motion Filed Motion to Withdraw as Counsel for Thornburg Mortgage Securities Trust 2007-3. (SC) 21-31729
11/15/2021 Order/Procedural Filed Order Granting Motion. The clerk shall remove Scott R. Lachman, Melanie D. Morgan, Ariel E. Stern, and Akerman LLP as counsel for Thornburg on the docket of this appeal. Thornburg shall have 30 days from the date of this order to retain new counsel and cause new counsel to file a notice of appearance in this court. (SC) 21-32629
11/19/2021 Notice/Incoming Filed Notice of Appearance. (REJECTED PER PHONE CALL - FILED IN INCORRECT CASE) (SC) 12/06/2021 Notice/Incoming Filed Notice of Appearance. (SC) 21-34724
01/05/2022 Order/Procedural Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the en banc court as of the date of this order on the briefs filed herein. (SC) 22-00419
01/06/2022 Notice/Incoming Filed Notice of Appearance. (SC) 22-00522
01/31/2022 Notice/Incoming Filed Notice of Substitution of Attorneys. (SC) 22-03270
05/12/2022 Notice/Incoming Filed Respondent Thornburg Mortgage's Notice of Appearance for Vanessa M. Turley. (SC) 22-15034
05/26/2022 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Stiglich, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Silver/Pickering/Herndon. 138 Nev. Adv. Opn. No. 35. En Banc. (SC). 22-16707
06/13/2022 Filing Fee Rehearing Filing Fee Paid. $150.00 from Roger Croteau. E-Payment Ref. no. 22061018197891. (SC) 06/13/2022 Post-Judgment Petition Filed Appellant's Petition for Rehearing. (SC) 22-18731
07/01/2022 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC) 22-20836
07/26/2022 Remittitur Issued Remittitur. {SC} 22-23418
07/26/2022 Case Status Update Remittitur Issued/Case Closed {SC} Combined Case View
Document Info
Docket Number： 80111
Citation Numbers： 2022 NV 35
Filed Date： 5/26/2022
Precedential Status： Precedential
Modified Date： 8/5/2022