SFR Invs. Pool 1 v. U.S. Bank

Nevada Supreme Court

Sep 18, 2014

63078

Versions:334 P.3d 408

2014 NV 75

130 Nev. Adv. Op. 75

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Case Information: 63078
Short Caption:	SFR INVESTMENTS POOL 1 VS. US BANK, N.A.	Classification:	Civil Appeal - General - Other
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A673671	Case Status:	Remittitur Issued/Case Closed
Disqualifications:		Panel Assigned:	En Banc
Replacement:
To SP/Judge:		SP Status:	Exempt
Oral Argument:	05/07/2014 at 2:30 PM	Oral Argument Location:	Carson City
Submission Date:	05/07/2014	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	SFR Investments Pool 1, LLC	Diana S. Cline (Howard Kim & Associates) Jacqueline A. Gilbert (Howard Kim & Associates) Howard C. Kim (Howard Kim & Associates) Jesse N. Panoff (Howard Kim & Associates)
Respondent	US Bank, N.A.	Jory C. Garabedian (Miles, Bauer, Bergstrom & Winters, LLP) Ariel E. Stern (Akerman LLP/Las Vegas) Natalie L. Winslow (Akerman LLP/Las Vegas)

14-30952: This document is сurrently 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
04/25/2013	Filing Fee	Filing fee due for Appeal.
04/25/2013	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day.		13-12154
04/25/2013	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.		13-12162
05/06/2013	Filing Fee	Filing Fee Paid. $250.00 from SFR Investments Pool 1, LLP. Check No. 2049.
05/07/2013	Notice/Outgoing	Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍ Timelines for requеsting transcripts and filing briefs are stayed. Docketing Statement due: 20 days.		13-13414
05/08/2013	Settlement Notice	Issued Notice: Exemption from Settlement Program. It has bеen determined that this appeal will not be assigned to the settlement program. Appellant(s) 15 days transcript requеst form; 120 days opening brief:		13-13443
05/15/2013	Notice/Incoming	Filed Notice of Appearance of Counsel ( Ariel E. Stern and Natalie L. Winslow, of the law firm of Akerman Senterfitt LLP appearing on behalf of Respondent, US Bank, N.A.).		13-14307
05/17/2013	Transcript Request	Filed Certificate of No Transcript Request.		13-14630
05/23/2013	Docketing Statement	Filed Docketing Statement Civil Appeals.		13-15237
05/23/2013	Notice/Incoming	Filed Amended Certificate of Service. (Certificаte of No Transcript Request and Docketing Statement)		13-15244
05/24/2013	Docketing Statement	Filed Docketing Statement Civil Appeal. (Exhibits)		13-15512
08/30/2013	Motion	Filed Stipulation for Extension to File Opening Brief and Appendix.		13-25824
08/30/2013	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. The stipulation to extend time to file opening brief and appendix is аpproved. Due date: October 7, 2013.		13-25827
10/07/2013	Docketing Statement	Filed Amended Docketing Statement Civil Appeals.		13-29802
10/08/2013	Brief	Filed Appellant's Opening Brief with Statutory Addendum.		13-30030
10/08/2013	Appendix	Filed Joint Appendix Volume I.		13-30031
10/08/2013	Appendix	Filed Joint Appendix Volume II.		13-30032
11/05/2013	Motion	Filed Stipulation for Extension to File Answering Brief (14 days)		13-33230
11/05/2013	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. Answering Brief Due November 21, 2013.		13-33233
11/18/2013	Motion	Filed Stipulation for Extension to File Answering Brief. Due Date: November 22, 2013.		13-34702
11/18/2013	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍ Answering Brief Due November 22, 2013.		13-34701
11/25/2013	Brief	Filed Respondent's Answering Brief.		13-35466
12/26/2013	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant shall have until January 3, 2014, to file and serve the reply brief.		13-39263
01/06/2014	Motion	Filed Joint Motion to Extend Time to File Appellant's Reply Brief Second Request.		14-00262
01/06/2014	Notice/Outgoing	Issued Nоtice Motion/Stipulation Approved. Reply Brief Due Date: January 10, 2014.		14-00264
01/13/2014	Brief	Filed Appellant's Reply Brief.		14-01197
01/13/2014	Notice/Incoming	Filed Appellant's Supplemental Statutory Addendum.		14-01198
01/13/2014	Case Status Update	Briefing Completed/To Screening.
03/05/2014	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled Wednesday, May 7, 2014, at 2:30 p.m. in Carson City. Argument shall be limited to 30 minutes.		14-07053
04/21/2014	Notice/Outgoing	Issued Oral Argument Reminder Notice		14-12832
05/06/2014	Notice/Incoming	Filed Notice of Appearance (Jesse N. Panoff, Esq. appearing on behalf of Appellant, SFR Investments Pool 1, LLC).		14-14648
05/07/2014	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court.
09/11/2014	Brief	Filed NRAP 31(e) Notice of Supplemental Authority.		14-30174
09/18/2014	Opinion/Dispositional	Filed Authored Opinion. "Reversed and remanded." Before the Court En Banc. Author: Pickering, J. Majority: Pickering/Hardesty/Douglas/Saitta. Gibbons, C.J., with whom Parraguirre and Cherry, J.J., agree, concurring in part and dissenting in part. 130 Nev. Adv. Opn. No. 75. EN BANC		14-30952
10/06/2014	Post-Judgment Petition	Filed Respondent's Petition for Rehearing.		14-33126
10/06/2014	Filing Fee	Filing fee paid. E-Payment $150.00 from Ariel E. Stern
10/10/2014	Motion	Filed Motion for Leave to File Brief of Amici Curiae Silver State Schools Credit Union, Nevada Mortgage Bankers Association, Nevada Associаtion of Mortgage Professionals, Inc. (Brief Supports Rehearing)		14-33758
10/10/2014	Brief	Received Amicus Brief. (FILED PER ORDER 10/16/2014).
10/13/2014	Motion	Filed Motion for Leave to File Amicus Brief (amicus brief is аttached as an exhibit.). ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍ (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 10/16/2014).		14-33979
10/14/2014	Motion	Filed Motion for Leave to File Amicus Curiae Brief of Mortgage Bankers Association in Suppоrt of Respondent's Petition for Rehearing. (Amicus Brief is attached as an exhibit.) (DETACHED AMICUS BRIEF AND FILED SEPARATELY PER ORDER 10/16/14).		14-34008
10/14/2014	Notice/Incoming	Filed Proposed Amicus Curiae Mortgage Bankers Association's Rule 26.1 Disclosure Statement.		14-34009
10/14/2014	Motion	Filed Motion Regarding Word Limit for Amicus Brief.		14-34140
10/15/2014	Notice/Incoming	Received Notice - Rule 26.1 Disclosure Statement to Silver State Schоols Credit Union, Et Al. Amicus Brief (received on 10/10/2014) via E-Flex.
10/15/2014	Motion	Filed Motion for Leave to File Amici Curiae Brief of United Trustee's Association and American Legal & Financial Network.		14-34352
10/15/2014	Motion	Filed Motion Regarding Word Limits for Amicus Brief by Proposed Amici United Trustees Association and Americаn Legal & Financial Network.		14-34353
10/15/2014	Brief	Received Amicus Brief in Support of the Respondent U. S. Bank, as Trustee for the Certificate Holders of the Bank of America Mortgage Pass-Through Certificates, Serries 2008-A's Petition for Rehearing Seeking Affirmanc. (FILED PER ORDER 10/16/2014).
10/15/2014	Notice/Incoming	Received Addendum (Volume 1) of Amici Curiae UTA and ALFN in Support of the Respondent U.S. Bank, N. A.'s Petition for Rehearing Seeking Affirmance. (FILED PER ORDER 10/16/2014).
10/16/2014	Motion	Filed Motion for Permission to File Document Motion by Nevada Land Title Association for Leave to File Amicus Curiae Brief in Support of Resрondent's Petition for Rehearing		14-34410
10/16/2014	Brief	Received Amicus Brief of Amici Curiae Nevada Land ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍Title Association. (FILED PER ORDER 10/16/2014).
10/16/2014	Notice/Incoming	Filed Rule 26.1 Disclosure Statement for Proposed Amici Curiae United Trustees Association and American Legal & Financial Network.
10/16/2014	Post-Judgment Order	Filed Order Denying Rehearing. "Rehеaring Denied." NRAP 40(c). fn1[We direct the clerk to (1) file the amicus brief received on October 10, 2014; (2) detach the propоsed amicus brief attached to the motion filed on October 13, 2014, and file it separately herein; (3) detach the proposed amicus brief attached to the motion filed on October 14, 2014, and file it separately herein; (4) file the amicus brief received on October 15, 2014; and (5) file the amicus brief received on October 16, 2014. We have considered the briеfs of amici curiae in resolving the petition for rehearing.]		14-34519
10/16/2014	Brief	Filed Amicus Brief Brief of Amici Curiae Silver State Schools Credit Uniоn Nevada Mortgage Bankers Association Nevada Association of Mortgage Professionals, Inc. (Brief Suppоrts Rehearing)		14-34520
10/16/2014	Brief	Filed Brief of Amici Curiae Supporting Respondent U.S. Bank's Petition for Rehearing and Supportin Affirmance of District Court. (DETACHED FROM MOTION FILED ON 10/13/2014 AND FILED SEPARATELY PER ORDER 10/16/14).		14-34523
10/16/2014	Brief	Filed Amicus Curiae Mortgage Bankers Association's Brief in Support of Respondent's Petition for Rehearing. ((DETACHED FROM MOTION FILED ON 10/1/2014 AND FILED SEPARATELY PER ORDER 10/16/14).		14-34525
10/16/2014	Notice/Incoming	Filed Proposed Amici Curiae Silver State Schools Credit Union's, Nevada Mortgage Bankers Association's, and Nevada Associаtion of Mortgage Professionals, Inc.'s Rule 26.1 Disclosure Statement.		14-34532
10/16/2014	Brief	Filed Amicus Brief in Support of the Respondent U.S. Bank, N.A. as Trustеe for the Certificate Holders of the Banc of America Mortgage Pass-Through Certificates, Series 2008-A's Petition for Rеhearing.		14-34536
10/16/2014	Other Incoming Document	Filed Addendum (Volume 1) of Amici Curiae UTA and ALFN In Support of the Respondent U.S. Bank, N.A.'s Pettion for Rehearing Seeking Affirmance.		14-34538
10/16/2014	Notice/Incoming	Filed Rule 26.1 Disclosure Statement for Proposed Amici ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍Curiae United Trustees Association and American Legal & Financial Network.		14-34541
10/16/2014	Brief	Filed Brief of Amici Curiae Nevada Land Title Association.		14-34542
11/10/2014	Remittitur	Issued Remittitur.		14-36972
11/10/2014	Case Status Update	Remittitur Issued/Case Closed