A CAB, LLC v. MURRAY ( 2021 )

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Cases Participant Search 21-37158: 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: 77050 Short Caption: A CAB, LLC VS. MURRAY Court: Supreme Court Related Case(s): 72691, 73326, 81641, 82539 Lower Court Case(s): Clark Co. - Eighth Judicial District - A669926 Classification: Civil Appeal - General - Other Disqualifications: Pickering Case Status: Disposition Filed Replacement: Panel Assigned: En Banc To SP/Judge: 10/17/2018 / Paustian, Kathleen SP Status: Completed Oral Argument: 06/01/2021 at 10:30 AM Oral Argument Location: Las Vegas Submission Date: 06/01/2021 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant A Cab, LLC Esther Rodriguez (Rodriguez Law Offices, P.C.) Jay A. Shafer (Cory Reade Dows & Shafer) Michael K. Wall (Hutchison & Steffen, LLC/Las Vegas) Appellant A Cab Series LLC Michael K. Wall (Hutchison & Steffen, LLC/Las Vegas) Respondent Michael Murray Leon M. Greenberg (Leon Greenberg Professional Corporation) Dana Sniegocki (Leon Greenberg Professional Corporation) Respondent Michael Reno Leon M. Greenberg (Leon Greenberg Professional Corporation) Dana Sniegocki (Leon Greenberg Professional Corporation) + Due Items Due Date Status Due Item Due From 01/24/2022 Open Remittitur Docket Entries Date Type Description Pending? Document 09/27/2018 Filing Fee Filing Fee due for Appeal. 09/27/2018 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 18-37830 09/27/2018 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. 18-37834 09/27/2018 Filing Fee E-Payment $250.00 from Michael K. Wall 09/27/2018 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. Docketing Statement mailed to counsel for appellant - due: 20 days. 18-37969 09/28/2018 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. 18-38194 10/10/2018 Settlement Program Report Filed ECAR/Other. Due to scheduling problems, Settlement Judge requests case be reassigned to another Settlement Judge. 18-39801 10/16/2018 Docketing Statement Filed Docketing Statement Civil Appeals. 18-40695 10/17/2018 Settlement Notice Issued Notice: Settlement Judge Reassignment. Issued Amended Notice of Assignment to NRAP 16 Settlement Program. New Settlement Judge: Kathleen M. Paustian. 18-40906 12/14/2018 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for January 17, 2019. (SC). 18-908829 12/17/2018 Motion Filed Appellant's Emergency Motion Under NRAP 27 (e) for Stay. (SC) 18-908982 12/21/2018 Motion Filed Respondents' Response in Opposition to Emergency Motion Under NRAP 27(e) For A Stay. (SC) 18-909911 12/21/2018 Order/Procedural Filed Order Denying Stay. Currently before the court is appellants' emergency motion to stay execution on the judgment, pending appeal. We deny the motion without prejudice. (SC). 18-910043 01/23/2019 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. (SC) 19-03565 02/04/2019 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: 2/11/19. (SC) 19-05378 02/15/2019 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: March 4, 2019. (SC). 19-07407 03/12/2019 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 19-10910 03/13/2019 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellants: 14 days transcript request; 90 days opening brief and appendix. (SC). 19-11120 03/13/2019 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. (Second Amended NOA) (SC) 19-11213 03/19/2019 Transcript Request Filed Certificate of No Transcript Request. (SC) 19-12176 04/24/2019 Notice/Incoming Filed Respondents' Notice of Automatic Stay of Proceedings Pusuant to 11 U.S.C. Sect. 362. (SC) 19-18076 05/07/2019 Order/Procedural Filed Order. Respondents have filed a suggestion of bankruptcy. This appeal is stayed as to A Cab pursuant to the automatic stay provisions of federal bankruptcy law. Given the applicability of the automatic stay, A Cab's appeal may linger indefinitely on this court's docket pending final resolution of the bankruptcy proceedings. Accordingly, we conclude that judicial efficiency will be best served if the appeal is dismissed as to A Cab without prejudice. Accordingly, we dismiss this appeal as to A Cab only. The dismissal is without prejudice to A Cab's right to move for reinstatement of its appeal within 60 days of either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceedings, if A Cab deems such a motion appropriate at that time. (SC). 19-20027 05/09/2019 Order/Procedural Filed Order to Show Cause. Appellant Nady's Response due: 30 days. Respondents shall have 14 days from service of Nady's response to file and serve any reply. Briefing is suspended. (SC) 19-20378 06/07/2019 Motion Filed Response to Order to Show Cause Why Appellant Creighton J. Nady 's Appeals Should Not be Dismissed. (SC) 19-24821 06/21/2019 Motion Filed Respondent's Reply to Appellant Creighton J. Nady's Response to Order to Show Cause Why Appellant Creighton J. Nady's Appeal Should Not be Dismissed. (SC) 19-26934 06/24/2019 Motion Filed Respondents' Errata to Reply to Appellant Creighton J. Nady's Response to Order to Show Cause Why Appellant Creighton J. Nady's Appeal Should Not be Dismissed. (SC) 19-27111 07/12/2019 Order/Dispositional Filed Order Dismissing Appeal. "This court concludes that it lacks jurisdiction, and ORDERS this appeal DISMISSED." NNP19-KP/RP/EC (SC) 19-29735 08/06/2019 Remittitur Issued Remittitur. (SC). 19-32943 08/06/2019 Case Status Update Remittitur Issued/Case Closed. (SC). 08/26/2019 Remittitur Filed Remittitur. Received by District Court Clerk on August 9, 2019. (REMITTITUR RECALLED/CASE REINSTATED PER ORDER 12/09/2019). (SC) 19-32943 11/13/2019 Motion Filed Appellants' Motion to Reinstate Appeal. (SC) 19-46576 11/19/2019 Motion Filed Notice of Non-Opposition to Motion to Reinstate Appeal. (COA) 19-47356 12/09/2019 Order/Procedural Filed Order Recalling Remittitur, Reinstating Appeal, and to Show Cause. The clerk of this court shall recall the remittitur and reinstate A Cab's appeal. The clerk shall modify the caption in this appeal to conform to the caption on this order. Appellant's Response due: 30 days. Respondents may file any reply within 14 days of service of appellant's response. The briefing schedule shall be suspended pending further order of this court. (SC). 19-49841 01/08/2020 Motion Filed Appellant's Response to Order to Show Cause Why Portions of Appellant's Appeal Should Not Be Dismissed. (SC) 20-01011 01/16/2020 Notice/Incoming Filed Notice of Non-Reply by Respondents to Appellants' Response to Order to Show Cause of December 9, 2019. (SC) 20-02363 03/06/2020 Order/Procedural Filed Order Partially Dismissing Appeal, Amending Caption, and Reinstating Briefing. As A Cab concedes that the March 5, 2019, order is not substantively appealable, and that A Cab is not aggrieved by that order, the appeal from the March 5, 2019, order is dismissed. A Cab's unopposed request that this court add A Cab Series, LLC, as an appellant in this matter is granted. The clerk of this court shall amend the caption in this appeal to conform to the caption on this order. The briefing schedule in this appeal is reinstated as follows. Appellants shall have 60 days from the date of this order to file and serve the opening brief and appendix. (SC) 20-08999 04/14/2020 Motion Filed Stipulation for Extension of Time to File Opening Brief (First Request). (SC) 20-14151 04/15/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant's Opening Brief and Appendix Due June 4, 2020. (SC) 20-14198 05/26/2020 Motion Filed Appellants' Motion for an Extension of Time to File Opening Brief (Second Request). (SC) 20-19889 05/28/2020 Motion Filed Respondents' Response to Appellants' Motion for an Extension of Time to File Opening Brief (Second Request). (SC) 20-20179 06/02/2020 Other Chief Justice Kristina Pickering disqualified from participation in this matter. (SC) 06/08/2020 Order/Procedural Filed Order. Appellants shall have until July 6, 2020, to file and serve the opening brief and appendix. Respondents shall have 60 days after the filing of the opening brief to file and serve the answering brief. (SC) 20-21341 06/30/2020 Motion Filed Appellants Motion for an Extension of Time to File Opening Brief (Third Request). (SC) 20-24214 07/27/2020 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: August 5, 2020. (SC) 20-27247 08/05/2020 Motion Filed Appellants Motion for Leave to File an Opening Brief That Exceeds the Word Limit NRAP (a)(7)(D)(SC) 20-28832 08/05/2020 Brief Filed Appellants Opening Brief. (SC) 20-28835 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 1 of 52 (SC) 20-28836 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 2 of 52. (SC) 20-28838 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 3 of 52 (SC) 20-28839 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 4 of 52. (SC) 20-28840 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 5 of 52.(SC) 20-28842 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 6 of 52. (SC) 20-28844 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 7 of 52. (SC) 20-28849 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 8 of 52. Part 1 (SC) 20-28850 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 8 of 52 Part 2 (SC) 20-28851 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 9 of 52 (SC) 20-28853 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 10 of 52 (SC) 20-28854 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 11 of 52. (SC) 20-28855 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 12 of 52 (SC) 20-28858 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 13 of 52 (SC) 20-28861 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 14 of 52 (SC) 20-28862 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 15 of 52 (SC) 20-28863 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 16 of 52. (SC) 20-28864 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 17 of 52 (SC) 20-28865 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 18 of 52 (SC) 20-28866 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 19 of 52 (SC) 20-28869 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 20 of 52. (SC) 20-28871 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 21 of 52. (SC) 20-28875 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 22 to 52. (SC) 20-28877 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 23 of 52 (SC) 20-28876 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 24 of 52. (SC) 20-28878 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 25 to 52. (SC) 20-28879 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 26 to 52 (SC) 20-28880 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 27 to 52. (SC) 20-28881 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 28 of 52. (SC) 20-28882 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 29 of 52. (SC) 20-28884 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 30 of 52. (SC) 20-28892 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 31 of 52. (SC) 20-28883 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 32 of 52 (SC) 20-28885 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 33 of 52. (SC) 20-28886 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 34 of 52. (SC) 20-28887 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 35 of 52. (SC) 20-28888 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 36 of 52. (SC) 20-28889 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 37 of 52. (SC) 20-28891 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 38 of 52. (SC) 20-28894 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 39 of 52. (SC) 20-28895 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 40 of 52. (SC) 20-28896 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 41 of 52. (SC) 20-28897 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 42 of 52. (SC) 20-28898 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 43 of 52. (SC) 20-28899 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 44 of 52. (SC) 20-28900 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 45 of 52. SC) 20-28901 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 46 of 52. (SC) 20-28902 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 47 of 52. (SC) 20-28903 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 48 of 52 (SC) 20-28908 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 49 of 52. (SC) 20-28904 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 50 of 52. (SC) 20-28905 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 51 of 52. (SC) 20-28906 08/05/2020 Appendix Filed Appendix to Appellants Opening Brief - Vol 52 of 52. (SC) 20-28907 08/07/2020 Motion Filed Respondents' Response to Appellant's Motion to File an Opening Brief that Exceeds the Word Limit NRAP 32(a)(7)(D). (SC) 20-29151 08/24/2020 Order/Procedural Filed Order Granting Motion. Appellants have filed a motion for leave to file an opening brief in excess of the type-volume limitation and respondent has filed a response. The motion is granted. Respondents shall have 30 days from the date of this order to file and serve the answering brief. (SC) 20-31170 09/18/2020 Motion Filed Stipulation for Extension of Time to File Answering Brief (First Request). (SC) 20-34423 09/18/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondents' Answering Brief due: October 23, 2020. (SC) 20-34445 10/23/2020 Brief Filed Respondents' Answering Brief. (SC) 20-38953 10/23/2020 Appendix Filed Appendix to Answering Brief Volume I. (SC) 20-38969 10/23/2020 Appendix Filed Appendix to Answering Brief Volume II. (SC) 20-38970 10/23/2020 Appendix Filed Appendix to Answering Brief Volume III. (SC) 20-38971 10/23/2020 Appendix Filed Appendix to Answering Brief Volume IV. (SC) 20-38972 10/23/2020 Appendix Filed Appendix to Answering Brief Volume V. (SC) 20-38973 10/23/2020 Appendix Filed Appendix to Answering Brief Volume VI. (SC) 20-38975 11/18/2020 Motion Filed Stipulation for Extension of Time to File Reply Brief (First Request). (SC) 20-42170 11/18/2020 Notice/Outgoing Issued Notice - Stipulation Approved. Appellant's Reply Brief due: December 23, 2020. (SC) 20-42174 12/22/2020 Brief Filed Appellants Reply Brief. (SC) 20-46251 12/23/2020 Case Status Update Briefing Completed/To Screening. (SC) 04/02/2021 Order/Procedural Filed Order Scheduling Oral Argument. This matter is scheduled for oral argument on June 1, 2021, at 10:30 a.m. in Las Vegas. The argument shall be limited to 30 minutes. (SC) 21-09640 05/18/2021 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 21-14259 06/01/2021 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Panel. (SC). 12/30/2021 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court En Banc. Author: Stiglich, J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Silver/Herndon. fn1 [The Honorable Kristina Pickering, Justice, voluntarily recused herself from participation in the decision of this matter.] 137 Nev. Adv. Opn. No. 84. En Banc. (SC). 21-37158 01/06/2022 Motion Filed Respondent's Motion for an Award of Attorneys Fees and Interest. (SC) Y 22-00589 Combined Case View