D.R. Horton, Inc. v. Betsinger

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Cases Participant Search 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: 59319 Short Caption: D.R. HORTON, INC. VS. BETSINGER Classification: Civil Appeal - General - Other Related Case(s): 50510 Lower Court Case(s): Clark Co. - Eighth Judicial District - A503121 Case Status: Rehearing Filed Disqualifications: Parraguirre Panel Assigned: En Banc Replacement: None for Justice Parraguirre To SP/Judge: 10/12/2011 / Smith, Jay SP Status: Completed Oral Argument: 03/03/2014 at 3:00 PM Oral Argument Location: Regional Justice Center Submission Date: 03/03/2014 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant/Cross-Respondent CH Mortgage Company I, Ltd. Kerry St. Clair Doyle (McDonald Carano Wilson LLP/Reno) Debbie A. Leonard (McDonald Carano Wilson LLP/Reno) Pat Lundvall (McDonald Carano Wilson LLP/Reno) Appellant/Cross-Respondent D.R. Horton, Inc. Kerry St. Clair Doyle (McDonald Carano Wilson LLP/Reno) Debbie A. Leonard (McDonald Carano Wilson LLP/Reno) Pat Lundvall (McDonald Carano Wilson LLP/Reno) Appellant/Cross-Respondent DHI Mortgage Company, Ltd. Kerry St. Clair Doyle (McDonald Carano Wilson LLP/Reno) Debbie A. Leonard (McDonald Carano Wilson LLP/Reno) Pat Lundvall (McDonald Carano Wilson LLP/Reno) Respondent/Cross-Appellant Steven M. Betsinger David J. Feldman (Feldman Graf) Rusty Graf (Feldman Graf) 14-34360: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 10/03/2011 Filing Fee Filing fee due for Appeal. 10/03/2011 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 11-30031 10/03/2011 Other Justice Ron Parraguirre disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal. 10/03/2011 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. 11-30032 10/03/2011 Notice/Outgoing Issued Notice to File Case Appeal Statement/Civil. Due date: 10 days. 11-30034 10/04/2011 Notice of Appeal Documents Filed Case Appeal Statement. 11-30169 10/06/2011 Filing Fee Filing Fee Paid. $250.00 from McDonald-Carano-Wilson. Check no. 20344. 10/06/2011 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. 11-30629 10/12/2011 Settlement Notice Issued Notice: Assignment to Settlement Program - Settlement Judge: D.R. Horton v. Betsinger. 11-31389 10/18/2011 Filing Fee Filing fee due for Cross-Appeal. 10/18/2011 Notice of Appeal Documents Filed Notice of Cross-Appeal. 11-32096 10/18/2011 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. (Cross-Appeal). 11-32098 10/24/2011 Filing Fee Filing Fee for Cross-Appeal Paid. $250.00 from Feldman Graf. Check no. 6049. 10/24/2011 Other Docketing statement mailed to counsel for respondent/cross-appellant. Due: 20 days from the docketing of the cross-appeal. 10/25/2011 Docketing Statement Filed Docketing Statement for Civil Appeal (Appellant/Cross-Respondent). 11-32886 11/02/2011 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for December 19, 2011. 11-33716 11/07/2011 Docketing Statement Filed Cross-Appellant's Docketing Statement Civil Appeals. 11-34290 12/20/2011 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 11-39257 12/21/2011 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 15 days transcript request; 90 days opening brief and appendix. 11-39340 01/03/2012 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. (Appellant/Cross-Respondent). 12-00009 01/06/2012 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested:Mary Beth Cook - 8/27/07, 8/28/07, 8/29/07, 8/30/07, 8/31/07, 9/10/07; Renne Vincent - 7/13/10, 8/31/10, 11/18/10, 2/03/11, 2/17/11, 2/22/11, 2/23/11, 2/24/11, 2/25/11, 2/28/11, 3/01/11, 3/02/11, 3/29/11, 6/07/11, 7/05/11, 12/27/11; Ellen Fumo - 2/24/11. To Court Reporters: Mary Beth Cook/Renee Vincent/Ellen Fumo. (Notice of Filing Transcript Request Forms-Appellant/Cross-Respondent). 12-00568 01/06/2012 Transcript Request Filed Certificate That No Transcript is Being Requested. 12-00635 01/09/2012 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. (Respondent/Cross-Appellant) 12-00812 03/06/2012 Notice/Incoming Filed Notice of Change of Address (Feldman Graf, P.C.). 12-07210 03/07/2012 Motion Filed Appellants' Motion for Extension of Time to File Opening Brief. 12-07406 03/16/2012 Motion Filed Respondent/Cross-Appellant's Non-Opposition to D.R. Horton, Inc. and DHI Mortgage Company, Ltd.'s Motion to Extend Time to File Opening Brief. 12-08484 03/27/2012 Order/Procedural Filed Order Granting Motion for extension of Time. Appellants/Cross-Respondents: Opening Brief and Appendix due: May 9, 2012. 12-09671 04/04/2012 Motion Filed Respondent/Cross-Appellant Steven M. Betsinger's Motion to Dismiss Appellant/Cross-Respondent D.R. Horton, Inc.. 12-10744 04/17/2012 Motion Filed D.R. Horton, Inc.'s Opposition to Steven Betsinger's Motion to Dismiss. 12-12212 04/23/2012 Motion Filed Motion for Huneycutt Remand. 12-12934 04/24/2012 Motion Filed Respondent/Cross-Appellant Steven M. Betsinger's Reply in Support of His Motion to Dismiss Appellant/Cross-Respondent D.R. Horton, Inc.. 12-13068 04/30/2012 Motion Filed Stipulation to Stay Briefing Schedule Pending Resolution of Motions. 12-13616 05/04/2012 Motion Filed Respondent/Cross-Appellant Steven M. Betsinger's Limited Opposition to Motion for Huneycutt Remand. 12-14099 05/11/2012 Order/Procedural Filed Order Approving Stipulation to Stay Briefing. The briefing schedule in this appeal shall be stayed pending further order of this court. 12-15143 05/14/2012 Motion Filed Reply in Support of Motion for Huneycutt Remand. 12-15388 06/07/2012 Order/Procedural Filed Order Denying Motion to Dismiss and Granting Motion for Limited Remand. The district court shall enter its amended judgment within 30 days of the date of this order, and the district court clerk shall immediately transmit a certifed copy of the judgment to this court. Briefing shall remain stayed pending further order of this court. 12-17908 07/27/2012 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. Second Amended NOA.(Appellants/Cross-Respondents) 12-23822 08/02/2012 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. Second Amended NOA.(Respondent/Cross-Appellant). 12-24377 08/21/2012 Order/Procedural Filed Order Reinstating Briefing. Appellants: Opening Brief and Appendix due: 45 days. 12-26290 10/04/2012 Motion Filed Stipulation to Stay Briefing Schedule Pending Resolution of Motions. 12-31287 11/16/2012 Motion Filed Respondent/Cross-Appellant Steven M. Betsinger's Motion for Huneycutt Remand. 12-36522 12/03/2012 Motion Filed Notice of nonopposition to Respondent/Cross-Appellant Steven M. Betsinger's Motion for Huneycutt Remand. 12-38051 12/21/2012 Order/Procedural Filed Order Granting Motion for Limited Remand and Approving Stipulation to Extend Briefing Schedule. District court order due: 30 days. Appellants/cross-respondents shall have 60 days to file the opening brief and appendix. 12-40542 01/14/2013 Order/Incoming Filed District court order. Certified copy of order filed in district court on 10/24/12 in Response to Supreme Court Order dated 12/21/12. Copy of Eighth Amended Order and Judgment on Jury Verdict (Nunc Pro Tunc to Seventh Amended Order and Judgment on Jury Verdict). 13-01374 01/24/2013 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. Third Amended NOA.(Appellants/Cross-Respondents) 13-02608 01/31/2013 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. Third Amended NOA (Respondent/Cross-Appellant). 13-03238 02/05/2013 Order/Procedural Filed Order Regarding Limited Remand. We extend our limited remand so that the district court can properly enter a new eighth amended judgment, and transmit such new judgment to this court, within 30 days of the date of this order. Thereafter, appellants and cross-appellants, if aggrieved, should timely file amended notices of appeal. 13-03744 02/12/2013 Order/Incoming Filed District court order. Certified copy of order and Judgment on Jury Verdict filed in district court on 02/05/13. 13-04424 02/15/2013 Motion Filed Stipulation to Extend Time for Filing Opening Brief. 13-04915 02/19/2013 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. Fourth Amended NOA. (Appellant/Cross-Respondent, D.R. Horton and DHI Mortgage Co.). 13-05159 02/19/2013 Notice of Appeal Documents Filed Notice of Appeal/Amended/Supplemental. Fourth Amended NOA. (Respondent/Cross-Appellant). 13-05169 03/07/2013 Order/Procedural Filed Order Approving Stipulation for Extension of Time. Appellants/cross-respondents: Opening Brief and Appendix due: March 21, 2013. 13-06957 03/22/2013 Brief Filed Appellants' Opening Brief. Appellant/Cross-Respondent. 13-08568 03/22/2013 Appendix Filed Appendix to Opening Brief. Volumes 1-14. 13-08617 03/22/2013 Notice/Incoming Filed Notice of Appearance. Debbie Leonard/McDonald Carano Wilson. 13-08643 04/19/2013 Order/Clerk's Filed Order Granting Telephonic Extension. Respondent/cross-appellant answering brief due: April 29, 2013. 13-11557 04/30/2013 Motion Filed Respondent/Cross-Appellant's Motion to Exceed Type-Volume Limitation in Answering brief on Appeal and Opening Brief on Cross-Appeal AND Answering Brief on Appeal and Opening Brief on Cross-Appeal (Attached is the Proposed Brief).(DETACHED BRIEF AND FILED SEPARATELY PER ORDER OF 6/10/13). 13-12541 05/16/2013 Motion Filed Motion for Stay of Enforcement of Judgment and Approval of Supersedeas Bond. Emergency Motion Under NRAP 27(e). 13-14460 05/17/2013 Order/Procedural Filed Order Granting Temporary Stay. We temporarily stay any further judgment entered in favor of respondent/cross-appellant in Eighth Judicial District Court Case No. A503121. Respondent/cross-appellant shall have until 4 p.m. on Wednesday, May 22, 2013, to file and serve any opposition to the motion for stay. Appellants/cross-respondents may file and serve any reply by noon on Friday, May 24, 2013. All documents submitted in response to this order shall be filed and served personally, electronically, or by facsimile transmission with the clerk of this court in Carson City. For purposes of this appeal, we suspend application of NRAP 25(a)(2)(B)(ii)-(iv) and NRAP 26(b)(1)(B). 13-14661 05/21/2013 Letter/Incoming Filed Letter from attorney David Feldman stating that per NRAP 44 respondent/cross-appellant is challenging the constitutionality of NRS 42.005. 13-14974 05/22/2013 Motion Filed Respondent/Cross-Appellant's Steven M. Betsinger's Opposition to Motion for Stay of Enforcement of Judgment and Approval of Supersedeas Bond. 13-15179 05/24/2013 Motion Filed Appellants/Cross-Respondents Reply In Support of Emergency Motion. 13-15398 05/28/2013 Order/Procedural Filed Order Directing District Court to Permit Posting of Supersedeas Bond. We direct the district court to permit appellants/cross-respondents to post a supersedeas bond. The district court shall set the appropriate amount for the bond. 13-15632 06/10/2013 Order/Procedural Filed Order Granting Motion to Exceed Type-Volume Limitation. We direct the clerk of this court to detach the combined brief from respondent/cross-appellant's April 30, 2013, motion and file the combined brief. 13-16833 06/10/2013 Brief Filed Answering Brief on Appeal and Opening Brief on Cross-Appeal (Respondent/Cross-Appellant). 13-16836 07/10/2013 Brief Filed Appellants' Reply Brief on Appeal and Answering Brief on Cross Appeal. 13-20094 07/17/2013 Notice/Outgoing Issued Certification of Constitutional Issue pursuant to NRAP 44 to Attorney General. 13-20929 07/31/2013 Case Status Update Briefing Completed/To Screening. No Reply Brief Filed. 08/08/2013 Motion Filed Respondent/Cross-Appellant's Motion to Enlarge Time to File Reply Brief on Cross-Appeal. 13-23369 08/08/2013 Brief Received Reply Brief. (FILED PER ORDER OF 8/15/13). 08/15/2013 Order/Procedural Filed Order Granting Motion for Extension of Time. The clerk of this court shall file the reply brief provisionally received in this court on August 8, 2013. 13-24045 08/15/2013 Brief Filed Reply Brief -Respondent's Reply Brief on Cross-Appeal. 13-24051 12/04/2013 Order/Clerk's Filed Order Re: Schedule Oral Argument. This matter will be scheduled for oral argument on the next available calendar. 13-36405 01/29/2014 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, March 3, 2014, @ 3:00 p.m. in Las Vegas for 30 minutes. 14-03063 02/18/2014 Notice/Outgoing Issued Oral Argument Reminder Notice. 14-05080 03/03/2014 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 03/12/2014 Notice/Incoming Filed Respondent/Cross-Appellant Steven M. Betsinger's Notice of Correction of Record. 14-07946 03/13/2014 Notice/Incoming Filed Response to Betsinger's Notice of Correction of Record. 14-08276 03/19/2014 Motion Filed Reply to Response - Respondent/Cross-Appellant Steven M. Betsinger's Reply to Response to Notice of Correction of Record. 14-08794 10/16/2014 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Fn1[The Honorable Ron D. Parraguirre, Justice, did not participate in the decision of these matters.] Before the Court En Banc. Author: Cherry, J. Majority: Cherry/Gibbons/Pickering/Hardesty/Douglas/Saitta. 130 Nev. Adv. Opn. No. 84. EN BANC 14-34360 11/04/2014 Post-Judgment Petition Filed Respondent Steven M. Betsinger's Petition for Rehearing. Y 14-36412 11/04/2014 Filing Fee Filing fee paid on rehearing. E-Payment $150.00 from Rusty Graf. 11/04/2014 Motion Filed Motion of Nevada Justice Association for Leave to File Brief as Amicus Curiae. (Amicus brief is attached as an exhibit.) 14-36442 11/12/2014 Order/Procedural Filed Order Denying Motion for Leave to File Amicus Curiae Brief. 14-37134