EVANS-WAIAU v. TATE

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Cases Participant Search 22-19123: 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: 79424 Short Caption: EVANS-WAIAU VS. TATE Court: Supreme Court Related Case(s): 79424-COA Lower Court Case(s): Clark Co. - Eighth Judicial District - A736457 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Disposition Filed Replacement: Panel Assigned: En Banc To SP/Judge: 08/20/2019 / Haberfeld, Stephen SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: 02/25/2022 How Submitted: On Briefs + Party Information Role Party Name Represented By Appellant Desire Evans-Waiau Dennis M. Prince (Prince Law Group) Kevin T. Strong (Prince Law Group) Appellant Guadalupe Parra-Mendez Dennis M. Prince (Prince Law Group) Kevin T. Strong (Prince Law Group) Respondent Babylyn Tate Joel D. Henriod (Lewis Roca Rothgerber Christie LLP/Las Vegas) Caitlin J. Lorelli (Winner Booze & Zarcone) Daniel F. Polsenberg (Lewis Roca Rothgerber Christie LLP/Las Vegas) Abraham G. Smith (Lewis Roca Rothgerber Christie LLP/Las Vegas) Thomas E. Winner (Winner Booze & Zarcone) + Due Items Due Date Status Due Item Due From 08/12/2022 Open Reply 08/26/2022 Open Remittitur Docket Entries Date Type Description Pending? Document 08/19/2019 Filing Fee Filing Fee Paid. $250.00 from Dennis M. Prince. Check no. 10029. (SC) 08/19/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 19-34704 08/19/2019 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) 19-34706 08/20/2019 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfeld. (SC). 19-34860 08/27/2019 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for December 4, 2019, at 2:00 pm. (SC). 19-35801 09/03/2019 Transcript Request Filed Appellant's Certificate That No Transcript is Being Requested. (SC) 19-36719 09/04/2019 Notice/Incoming Filed Notice of Appearance of Counsel (Joel D. Henriod, Daniel F. Polsenberg and Abraham G. Smith for Respondents). (SC) 19-36941 09/09/2019 Motion Filed Stipulation and Order to Extend Time to File Docketing Statement. (SC) 19-37732 09/10/2019 Motion Filed Amended Stipulation and Order to Extend Deadline for Appellants to File Docketing Statement. (SC) 19-37911 09/13/2019 Order/Clerk's Filed Order Approving Stipulation. Appellants shall file the docketing statement on or before September 23, 2019. (SC) 19-38342 09/23/2019 Motion Filed Appellants' Unopposed Motion to Extend Deadline to File Docketing Statement. (SC) 19-39587 09/27/2019 Order/Clerk's Filed Order Granting Motion. Appellants' Docketing Statement due: October 7, 2019. (SC). 19-40266 10/07/2019 Docketing Statement Filed Docketing Statement Civil Appeals. (SC) 19-41412 10/07/2019 Notice/Outgoing Issued Notice to Provide Proof of Service on Settlement Judge (Docketing Statement). (SC) 19-41446 10/08/2019 Notice/Incoming Filed Appellant's Certificate of Service (Docketing Statement). (SC) 19-41628 12/09/2019 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 19-49869 12/12/2019 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellants: 45 days opening brief and appendix. (SC). 19-50324 01/27/2020 Motion Filed Stipulation to Extend Deadline for Appellants to File Opening Brief. (SC) 20-03731 01/27/2020 Notice/Outgoing Issued Notice - Stipulation Approved. Appellant's Opening Brief and Appendix due: February 26, 2020. (SC) 20-03733 02/26/2020 Motion Filed Appellants Desire Evans-Waiau and Guadalupe Parra-Mendez's Motion for Extension of Time to File Opening Brief and Appendix. (SC) 20-07800 03/05/2020 Order/Procedural Filed Order Granting Motion. Appellants' Opening Brief and Appendix due: March 27, 2020. (SC). 20-08783 03/26/2020 Motion Filed Appellants Desire Evans-Waiau and Guadalupe Parra-Mendez's Motion for Extension of Time to File Opening Brief and Appendix. (SC). 20-11735 04/03/2020 Order/Procedural Filed Order Granting Motion. Appellants' Opening Brief and Appendix due: April 17, 2020. (SC). 20-12755 04/17/2020 Appendix Filed Appendix to Opening Brief Appendix (REJECTED PER 4/20/20 NOTICE). (SC) 04/17/2020 Brief Filed Appellants' Opening Brief. (SC) 20-14845 04/20/2020 Notice/Outgoing Issued Notice of Deficient Appendix (Appendix to Opening Brief). Corrected appendix due: 5 days. (SC) 20-14932 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 1. (SC) 20-15516 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 2. (SC) 20-15517 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 3. (SC) 20-15519 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 4. (SC) 20-15520 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 5. (SC) 20-15521 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 6. (SC) 20-15522 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 7. (SC) 20-15523 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 8. (SC) 20-15525 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 9. (SC) 20-15526 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 10. (SC) 20-15527 04/23/2020 Appendix Filed Appendix to Opening Brief Volume 11. (SC) 20-15528 04/23/2020 Notice/Incoming Filed Certificate of Service for Appellant's Appendix Volumes 1-11. (SC) 20-15532 05/18/2020 Motion Filed Respondent's Stipulation for Extension to File Answering Brief. (SC) 20-18865 05/19/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondent's Answering Brief Due: June 17, 2020. (SC) 20-18979 06/17/2020 Motion Filed Respondent's Motion for Extension to File Answering Brief. (SC) 20-22679 06/24/2020 Order/Procedural Filed Order Granting Motion. Respondent shall have until July 17, 2020, to file and serve the answering brief. (SC) 20-23502 07/17/2020 Motion Filed Respondent's Motion for Extension to File Answering Brief. (SC) 20-26298 07/31/2020 Order/Procedural Filed Order Granting Motion. Respondent's Answering Brief due: August 17, 2020. (SC) 20-27979 08/17/2020 Motion Filed Respondent's Motion to Extend Time to File Answering Brief. (SC) 20-30350 08/20/2020 Order/Procedural Filed Order Granting Motion. Respondent's answering brief due: August 31, 2020. (SC) 20-30704 08/31/2020 Appendix Filed Respondent's Appendix to Answering Brief. (SC) 20-32109 08/31/2020 Motion Filed Respondent's Motion to Extend Time File Answering Brief. (SC) 20-32115 09/03/2020 Order/Procedural Filed Order Granting Motion. Respondent's Answering Brief due: September 4, 2020. (SC) 20-32513 09/04/2020 Appendix Filed Respondent's Appendix to Answering Brief (Amended) (SC) 20-32858 09/04/2020 Brief Filed Respondent's Answering Brief (SC) 20-32859 09/05/2020 Motion Filed Respondent's Motion for Excess Pages and to Exceed Word Limit for Answering Brief. (SC) 20-32860 09/09/2020 Order/Procedural Filed Order Granting Motion. Respondent's motion for leave to file a answering brief in excess of the type-volume limitation is granted. NRAP 32(a)(7)(A)(ii), (D). The answering brief was filed on September 4, 2020. Appellants reply brief due: October 5, 2020. (SC) 20-33249 10/02/2020 Motion Filed Stipulation and Order to Extend Deadline for Appellants to File Reply Brief. (SC) 20-36329 10/02/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved for Reply Brief, due date November 4th, 2020. (SC) 20-36335 11/04/2020 Motion Filed Appellant's Motion to Extend Time to file Reply Brief. (SC) 20-40268 11/10/2020 Order/Procedural Filed Order Granting Motion. Appellants' reply brief due: January 4, 2021. (SC) 20-41170 01/04/2021 Motion Filed Appellants' Motion to Extend Time to File Reply Brief. (SC) 21-00122 01/08/2021 Order/Procedural Filed Order Granting Motion. Appellants' reply brief due: February 3, 2021. (SC) 21-00644 02/03/2021 Motion Filed Appellant's Motion to Extend Time to File Reply Brief. (SC) 21-03370 02/05/2021 Motion Filed Appellants Desire Evans-Waiau and Guadalupe Parra-Mendez's Motion to Exceed Type-Volume Limitation for Reply Brief. (SC) 21-03663 02/05/2021 Brief Filed Appellants' Reply Brief. (SC) 21-03664 02/05/2021 Appendix Filed Appellant's Appendix Volume 1. (SC) 21-03665 02/09/2021 Order/Procedural Filed Order Granting Motions. Appellants' motions for a fourth extension of time to file the reply brief and for leave to file a reply brief in excess of the type-volume limitation are granted. NRAP 31(b)(3)(B), NRAP 32(a)(7)(A)(ii), (D). The reply brief was filed on February 5, 2021. (SC). 21-03899 02/09/2021 Case Status Update Briefing Completed/To Screening. (SC). 03/19/2021 Notice/Outgoing Issued Notice of Transfer Case to Court of Appeals. (SC). 21-08000 03/19/2021 Case Status Update Transferred to Court of Appeals. (SC). 05/25/2021 Order/Dispositional Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Court of Appeals- MG/JT/BB. (SC) 06/11/2021 Motion Filed Appellants' Motion to Extend Time to File Petition for Rehearing. (TRANSFERRED TO THE COURT OF APPEALS) (SC) 08/09/2021 Case Status Update Transferred from Court of Appeals. (SC) 08/09/2021 Post-Judgment Petition Filed Appellants' Petition for Review. (SC) 21-23131 08/23/2021 Order/Procedural Filed Order/Answer Petition for Review. Respondent's Answer due: 14 days. (SC) 21-24434 09/07/2021 Motion Filed Respondent's Motion for Extension to File Answer to Petition for Judicial Review. (SC) 21-25952 09/17/2021 Order/Procedural Filed Order Granting Motion. Respondent's answer to the petition for review due: October 7, 2021. (SC) 21-26940 10/07/2021 Motion Filed Respondent's Motion to Extend Time to File Answer to Petition for Judicial Review. (SC) 21-28879 10/13/2021 Order/Procedural Filed Order Granting Motion. Respondent shall have until October 21, 2021, to file and serve the answer to the petition for review. (SC) 21-29384 10/21/2021 Motion Filed Respondent's Motion to Extend Time to File Answer to Petition for Judicial Review. (SC) 21-30449 10/28/2021 Order/Procedural Filed Order Granting Motion. Respondent shall have until November 4, 2021, to file and serve the answer to the petition for review. (SC) 21-31102 11/04/2021 Motion Filed Respondent's Motion to Extend Time to File Answer to Petition for Judicial Review. (SC) 21-31785 11/08/2021 Post-Judgment Petition Filed Respondent's Answer to Petition for Review. (SC) 21-32135 11/09/2021 Order/Procedural Filed Order Granting Motion. Respondent's motion for a fourth extension of time to file an answer to the petition for review is granted. NRAP 26(b)(1)(A) . The answer was filed on November 8, 2021. (SC) 21-32165 11/18/2021 Brief Filed Appellants Desire Evans-Waiau and Guadalupe Parra-Mendez's Notice of Supplemental Authorities. (SC) 21-33347 11/19/2021 Post-Judgment Order Filed Order Granting Petition for Review. Having considered the petition for review and answer to the petition, we have determined that our review is warranted. Accordingly, we grant the petition for review. Our review will be based on the record and briefs previously filed. (SC) 21-33364 02/25/2022 Order/Procedural Filed Order Submitting for Decision Without Oral Argument. (SC) 22-06161 05/03/2022 Brief Filed Appellants Desire Evans-Waiau and Guadalupe Parra-Mendez's Notice of Supplemental Authorities. (SC) 22-14023 06/16/2022 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Cadish,J., Majority: Parraguirre/Hardesty/Pickering/Cadish. Stiglich, J., with whom Silver and Herndon, JJ., agree dissenting. 138 Nev. Adv. Opn. No. 42. (SC) 22-19123 07/01/2022 Notice/Incoming Filed Notice of Appearance for Paul D. Powell and Tom W. Stewart. (SC) Y 22-20818 07/01/2022 Motion Filed Motion to Intervene and Motion for Extension of Time to File Petition for Rehearing. (THIS IS A DUPLICATE OF NOTICE OF APPEARANCE) (SC) 07/01/2022 Motion Filed Motion to Intervene and Motion for Extension of Time to File Petition for Rehearing. (SC) Y 22-20858 07/12/2022 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Respondent's opposition to the motion to intervene and motion for extension of time to file petition for rehearing filed on July 1, 2022 due: July 22, 2022. (SC) 22-21804 07/22/2022 Motion Filed Respondent's Opposition to Motion to Intervene. (SC) Y 22-23194 07/29/2022 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Proposed intervenor The Powell Law Firm's opposition to motion to intervene due: August 12, 2022. (SC) 22-23920 Combined Case View