PAULOS VS. FCH1, LLC

74912: Case View

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Cases Case Search Participant Search 20-04166: 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: 74912 Short Caption: PAULOS VS. FCH1, LLC Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - A716850 Classification: Civil Appeal - General - Pro Bono Program Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: 02/06/2018 / Haire, Paul SP Status: Completed Oral Argument: 10/07/2019 at 3:00 PM Oral Argument Location: Las Vegas Submission Date: 10/07/2019 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Cristina Paulos Elliot S. Blut (Blut Law Group, APC) Daniel F. Polsenberg (Lewis Roca Rothgerber Christie LLP/Las Vegas) Cal J. Potter, III (Former) (Potter Law Offices) Cal J. Potter, IV (Former) (Potter Law Offices) Abraham G. Smith (Lewis Roca Rothgerber Christie LLP/Las Vegas) Respondent Aaron Baca Craig R. Anderson (Marquis Aurbach Coffing) Kathleen A. Wilde (Marquis Aurbach Coffing) Respondent FCH1, LLC Lewis W. Brandon, Jr. (Brandon Smerber Law Firm) Justin W. Smerber (Brandon Smerber Law Firm) Respondent Jeannie Houston Lewis W. Brandon, Jr. (Brandon Smerber Law Firm) Justin W. Smerber (Brandon Smerber Law Firm) Respondent Las Vegas Metropolitan Police Department Craig R. Anderson (Marquis Aurbach Coffing) Kathleen A. Wilde (Marquis Aurbach Coffing) Docket Entries Date Type Description Pending? Document 01/22/2018 Filing Fee Filing Fee due for Appeal. FILING FEE WAIVED - ORDER TO PROCEED IN FORMA PAUPERIS GRANTED 1/25/18. 01/22/2018 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 18-02869 01/22/2018 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. 18-02872 02/01/2018 Notice/Incoming Filed Appellant's Notice Regarding Filing Fee. 18-04381 02/05/2018 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). 18-04863 02/06/2018 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Paul M. Haire. 18-05077 02/12/2018 Motion Filed Appellant's Motion to Withdraw as Counsel. 18-05699 02/21/2018 Order/Procedural Filed Order Granting Motion. On February 12, 2018, C.J. Potter, IV, Esq., filed a motion to withdraw as counsel of record for appellant. The motion is granted. The clerk shall remove C.J. Potter, IV, Esq., of the law firm of Potter Law Office from the docket of this appeal. 18-06692 02/27/2018 Docketing Statement Filed Docketing Statement Civil Appeals. 18-07581 03/07/2018 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for April 19, 2018, 10:00 am. 18-09010 04/23/2018 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 18-15474 04/24/2018 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant: 15 days transcript request; 90 days opening brief and appendix. 18-15536 05/09/2018 Order/Clerk's Filed Order Granting Telephonic Extension. Appellant's Transcript Request Form due: May 23, 2018. 18-17641 05/23/2018 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 8/11/15 and 10/19/17. To Court Reporter: None listed. 18-19856 06/06/2018 Motion Filed Motion to Place Appeal in Pro Bono Appellate Program. 18-21398 06/12/2018 Transcript Filed Notice from Court Recorder Carrie Hansen stating that the requested transcripts were delivered. Dates of transcripts: Not given. 18-22211 07/06/2018 Order/Procedural Filed Order. We direct the clerk of this court to assign this appeal to the pro bono appellate program. District Court Record on Appeal due: 30 days. Appellant shall have 45 days from the filing of the district court record to file and serve the opening brief. 18-25656 07/20/2018 Record on Appeal Documents Filed Record on Appeal Volumes 1-6 (Via FTP). 18-27667 07/23/2018 Record on Appeal Documents Filed Record on Appeal Pages 1220-1221, 1226-1228 (SEALED). 07/31/2018 Notice/Incoming Filed Notice of Appearance of Counsel (Kathleen A. Wilde for Respondents Las Vegas Metropolitan Police Dept. and Aaron Baca). 18-29329 09/05/2018 Motion Filed Stipulation for Extension to File Opening Brief and Appendix. 18-34422 09/05/2018 Notice/Outgoing Issued Notice Motion/Stipulation Approved. (Opening Brief and Appendix) 18-34451 10/04/2018 Motion Filed Appellant's Motion for Extension of Time to File Opening Brief and Appendix. 18-39069 10/11/2018 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief due: November 5, 2018. 18-39884 10/24/2018 Appendix Filed Appellant's Appendix Volume 1. 18-41839 10/24/2018 Appendix Filed Appellant's Appendix Volume 2. 18-41844 10/24/2018 Appendix Filed Appellant's Appendix Volume 3. 18-41845 10/24/2018 Appendix Filed Appellant's Appendix Volume 4 Part 1. 18-41846 10/24/2018 Appendix Filed Appellant's Appendix Volume 4 Part 2. 18-41849 10/24/2018 Appendix Filed Appellant's Appendix Volume 5 Part 1. 18-41852 10/24/2018 Appendix Filed Appellant's Appendix Volume 5 Part 2. 18-41853 10/24/2018 Appendix Filed Appellant's Appendix Volume 6. 18-41854 10/24/2018 Appendix Filed Appellant's Appendix Volume 7. 18-41855 10/24/2018 Brief Filed Appellant's Opening Brief. 18-41856 10/24/2018 Motion Filed Appellant's Motion for Judicial Notice of Related Proceedings. 18-41950 11/15/2018 Order/Procedural Filed Order Granting Motion. Appellant's unopposed motion for this court to take judicial notice of related state and federal court proceedings is granted. The related proceedings may bear on the question of issue preclusion at issue in this appeal. (SC) 18-904214 11/21/2018 Brief Filed Respondents' FCH1, LLC and Jeannie Houston's Answering Brief. (SC) 18-905227 11/21/2018 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondents Aaron Baca and Las Vegas Metropolitan Police Department Answering Brief due: December 10, 2018. (SC). 18-905216 12/07/2018 Motion Filed Joint Motion Regarding Briefing Deadlines. (SC) 18-907582 12/10/2018 Order/Procedural Filed Order Granting Motion. Respondents Las Vegas Metropolitan Police Department and Aaron Baca's Answering Brief due: January 10, 2019. Appellants' Reply Brief due: February 11, 2019. (SC). 18-907793 01/10/2019 Brief Filed Respondents Las Vegas Metropolitan Police Department and Aaron Baca's Answering Brief. (SC) 19-01637 01/10/2019 Appendix Filed Respondents Las Vegas Metropolitan Police Department and Aaron Baca's Appendix Volume 1. (SC) 19-01638 01/10/2019 Motion Filed Respondents Las Vegas Metropolitan Police Department and Aaron Baca's Motion to Transmit Video Exhibits. (SC) 19-01639 01/29/2019 Order/Procedural Filed Order Directing Transmission of Exhibit. District Court's Exhibit 6 due: 30 days. (SC). 19-04371 02/05/2019 Motion Filed District Court's Response to Supreme Court Order dated 01/29/2019. (SC) 19-05571 02/12/2019 Motion Filed Appellant's Motion for Extension to File Reply Brief. (SC) 19-06444 02/22/2019 Order/Procedural Filed Order Directing Transmission of Exhibit and Granting Motion. District Court's Exhibit B due: 30 days. Appellant's Reply Brief due: March 13, 2019. (SC). 19-08240 03/05/2019 Motion Filed Clark County Clerk's Response to Supreme Court Order Filed 2/22/19. (SC) 19-09802 03/12/2019 Order/Procedural Filed Order. This court granted respondents' motion requesting this court order the district court clerk to transmit a video exhibit pursuant to NRAP 10 for review in this appeal. The district court clerk has informed this court that he is unable to transmit the video exhibit requested because it has not been submitted to the district court evidence vault as an exhibit in the case. Respondents may file a renewed motion that adequately describes the exhibit to be transmitted, if deemed necessary. (SC). 19-10976 03/14/2019 Brief Filed Appellant's Reply Brief. (SC) 19-11287 03/14/2019 Case Status Update Briefing Completed/To Screening. (SC) 03/26/2019 Motion Filed Respondents' Las Vegas Metropolitan Police Department and Aaron Baca's Renewed Motion to Transmit Video Exhibits, or, In the Alternative, Request for Leave to Settle the Record. (SC) 19-13294 04/15/2019 Order/Procedural Filed Order Directing Transmission of Exhibit. The district court clerk shall have 30 days from the date of this order to transmit to the clerk of this court, video discs of surveillance video labeled "Paulos v. LVMPD; Palms Surveillance Video 8-7-11" in case number A-15-716850-C. According to respondents, the videos were before the District Court as Exhibit 6 to their January 6, 2016, Motion for Summary Judgment as well as Exhibit B to their May 19, 2015, Motion to Dismiss or, Alternatively, Motion for Summary Judgment. (SC). 19-16387 04/23/2019 Order/Incoming Filed District Court Letter in Response to Order Dated 4/15/19 Regarding Exhibits. (SC) 19-17826 04/30/2019 Order/Procedural Filed Order. In response to this court's April 15, 2019, order directing transmission of exhibits, the district court clerk has informed this court that he is unable to transmit the requested exhibits. The district court clerk is unable to transmit requested Exhibit 6 to the January 6, 2016, Motion for Summary Judgment because the exhibits to that motion are listed alphabetically, not numerically. Further, the district court clerk is unable to transmit Exhibit B to the May 19, 2015, Motion to Dismiss or, Alternatively, Motion for summary judgment, because that exhibit has not been submitted to the district court evidence vault. Respondents may file a renewed motion that adequately describes the exhibit to be transmitted, if deemed necessary. (SC). 19-18911 08/26/2019 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on Monday, October 7, 2019 at 3:00 pm. (SC) 19-35619 09/23/2019 Brief Filed Appellant's Supplemental Authorities. (SC) 19-39516 09/27/2019 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 19-40225 10/07/2019 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. (SC) 01/30/2020 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Pickering/Gibbons/Parraguirre/Stiglich/Cadish/Silver. 136 Nev. Adv. Opn. No. 2. EN BANC. (SC) 20-04166 02/24/2020 Remittitur Issued Remittitur. (SC) 20-07279 02/24/2020 Case Status Update Remittitur Issued/Case Closed. (SC) 03/06/2020 Remittitur Filed Remittitur. Received by District Court Clerk on February 28, 2020. (SC) 20-07279 Combined Case View