SOMERSETT OWNERS ASS'N VS. SOMERSETT DEV. CO., LTD.

Nevada Supreme Court

Jul 29, 2021

79921

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Case Information: 79921
Short Caption:	SOMERSETT OWNERS ASS'N VS. SOMERSETT DEV. CO., LTD.	Court:	Supreme Court
		Related Case(s):	79920, 80843, 80880, 80881
Lower Court Case(s):	Washoe Co. - Second Judicial District - CV1702427	Classification:	Civil Appeal - General - Other
Disqualifications:	Hardesty	Case Status:	Remittitur Issued/Case Closed
Replacement:	None for Chief Justice Hardesty	Panel Assigned:	En Banc
To SP/Judge:	11/05/2019 / Hamilton, Paul	SP Status:	Completed
Oral Argument:	05/04/2021 at 11:00 AM	Oral Argument Location:	Carson City
Submission Date:	05/04/2021	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	Somersett Owners Association	Royi Moas (Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP/Las Vegas) John M. Samberg (Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP /Reno) Bradley S. Schrager (Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP/Las Vegas) Don Springmeyer (Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP/Las Vegas)
Respondent	Parsons Bros Rockeries, Inc.	Stephen G. Castronova (Castronova Law Offices, P.C.)
Respondent	Q & D Construction, Inc.	Dirk W. Gaspar (Lee Landrum & Ingle) Natasha A. Landrum (Lee Landrum & Ingle)
Respondent	Somersett, LLC	Charles L. Burcham (Thorndal Armstrong Delk Balkenbush & Eisinger/Reno) Wade Carner (Former) (Thorndal Armstrong Delk Balkenbush & Eisinger/Reno)
Respondent	Somersett Development Company, Ltd.	Charles L. Burcham (Thorndal Armstrong Delk Balkenbush & Eisinger/Reno) Wade Carner (Former) (Thorndal Armstrong Delk Balkenbush & Eisinger/Reno)
Respondent	Somersett Development Corporation	Charles L. Burcham (Thorndal Armstrong Delk Balkenbush & Eisinger/Reno) Wade Carner (Former) (Thorndal Armstrong Delk Balkenbush & Eisinger/Reno)
Respondent	Stantec Consulting Services, Inc.	Theodore E. Chrissinger (Hoy Chrissinger Vallas, PC) Michael S. Kimmel (Former) (Hoy Chrissinger Vallas, PC)

Docket Entries
Date	Type	Description	Pending?	Document
11/01/2019	Filing Fee	Filing Fee Paid. $250.00 from Wolf Rifkin Shapiro Schulman & Rabkin. Check no. 4147. (SC)
11/01/2019	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)		19-45054
11/01/2019	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)		19-45056
11/05/2019	Settlement Notice	Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Paul F. Hamilton. (SC).		19-45405
11/22/2019	Docketing Statement	Filed Docketing Statement Civil Appeals. (SC)		19-47985
12/10/2019	Settlement Program Report	Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for March 13, 2020. Case Nos. 79920/79921. (SC).		19-49934
01/06/2020	Docketing Statement	Filed Amended Docketing Statement Civil Appeals. (SC)		20-00554
03/19/2020	Notice/Incoming	Filed Notice of Change of Firm Name (Lee, Hernandez, Landrum & Carlson, APC has changed its name to Lee, Landrum & Carlson, APC). (SC)		20-10857
03/24/2020	Notice/Incoming	Filed Notice of Disassociation of Counsel (Wade Carner is no longer associated with the firm of Thorndal Armstrong Delk Balkenbush & Eisinger). (SC)		20-11294
03/27/2020	Settlement Program Report	Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. Case Nos. 79920/79921. (SC)		20-11890
03/30/2020	Settlement Order/Procedural	Filed Order: Consolidate Appeals/No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant(s): 14 days transcript request; 90 days opening brief. Nos. 79920/79921. (SC).		20-12026
04/10/2020	Motion	Filed Appellant's Motion to Consolidate Appeals. (SC)		20-13710
04/14/2020	Transcript Request	Filed Certificate of No Transcript is Being Requested. Nos. 79920/79921. (SC).		20-14017
05/01/2020	Order/Procedural	Filed Order to Show Cause. Appellant's Response due: 21 days. Respondent shall have 14 days from the filing of any response to file any reply. Briefing is suspended. Nos. 79920/79921. (SC)		20-16575
05/21/2020	Motion	Filed Appellant's Response to May 1, 2020 Order to Show Cause. (SC)		20-19418
06/05/2020	Order/Procedural	Filed Order Dismissing Appeal, Reinstating Briefing, and Granting Motion to Consolidate. The appeal in Docket No. 79920 is hereby dismissed, and briefing is reinstated in Docket No. 79921. Somersett Owners Association filed a motion in Docket Nos. 80843, 80880, and 80881 to consolidate those appeals with Docket No. 79921. Accordingly, Docket Nos. 79221, 80843, 80880, and 80881 shall be consolidated for all appellate purposes. Appellants in all appeals shall have until July 30, 2020, to file and serve the opening briefs and appendices. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). NNP20-RP/JH/EC. Nos. 79921/80843/80880/80881. (SC).		20-21176
07/10/2020	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant Stantec Consulting Services, Inc. in Docket No. 80843 shall have until August 13, 2020, to file and serve their opening brief and appendix. Nos. 79921/80843/80880/80881. (SC)		20-25514
07/10/2020	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant Q & D Construction Inc. in Docket No. 80880 shall have until August 13, 2020, to file and serve their opening brief and appendix. Nos. 79921/80843/80880/80881. (SC)		20-25515
07/13/2020	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant in docket no. 80881 Somersett Development Company, Ltd, Somersett Development Corporation and Somersett, LLC shall have until August 13, 2020, to file and serve the opening brief and appendix. Nos. 79921/80843/80880/80881. (SC).		20-25677
07/13/2020	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant in docket no. 79921 Somersett Owners Association shall have until August 13, 2020, to file and serve the opening brief and appendix. Nos. 79921/80843/80880/80881. (SC).		20-25680
08/03/2020	Notice/Incoming	Filed Appellant Q & D Construction, Inc's Notice of Withdrawal of Appeal. Nos. 79921/80843/80880/80881 (SC)		20-28226
08/04/2020	Notice/Incoming	Filed Stantec Consulting Services, Inc.'s Notice of Withdrawal of Appeal in Docket No. 80843. Nos. 79921/80843/80881. (SC)		20-28478
08/06/2020	Notice/Incoming	Filed Notice of Withdrawal of Notice of Appeal. Nos. 79921/80843/80881. (SC)		20-28942
08/07/2020	Order/Procedural	Filed Order Dismissing Appeals. The appeals in Docket Nos. 80843 and 80881 are dismissed. Nos. 79921/80843/80881. (SC)		20-29121
08/13/2020	Brief	Filed Appellant's Opening Brief. (SC)		20-29955
08/13/2020	Appendix	Filed Appellant Somersett Owners Association's Appendix Vol. 1 of 6. (SC)		20-29961
08/13/2020	Appendix	Filed Appellant Somersett Owners Association's Appendix Vol. 2 of 6. (SC)		20-29962
08/13/2020	Appendix	Filed Appellant Somersett Owners Association's Appendix Vol. 3 of 6. (SC)		20-29982
08/13/2020	Appendix	Filed Appellant Somersett Owners Association's Appendix Vol. 4 of 6. (SC)		20-29992
08/13/2020	Appendix	Filed Appellant Somersett Owners Association's Appendix Vol. 5 of 6. (SC)		20-29995
08/13/2020	Appendix	Filed Appellant Somersett Owners Association's Appendix Vol. 6 of 6. (SC)		20-30000
08/31/2020	Motion	Filed Stipulation for Extension to File Respondents' Answering Briefs. (SC)		20-32062
09/01/2020	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. Respondents' Answering Briefs due: October 14, 2020. (SC)		20-32154
10/14/2020	Brief	Filed Respondent Parsons Bros Rockeries, Inc.'s Answering Brief. (SC)		20-37721
10/14/2020	Brief	Filed Joint Answering Brief of Respondents (Stantec Consulting Services, Inc. & Somersett Development Company, Ltd). (SC)		20-37822
11/10/2020	Motion	Filed Stipulation for Extension to File Appellant's Reply Briefs. (SC)		20-41099
11/10/2020	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: December 14, 2020. (SC)		20-41119
12/14/2020	Brief	Filed Appellant's Reply Brief. (SC)		20-45214
12/14/2020	Case Status Update	Briefing Completed/To Screening. (SC)
02/23/2021	Notice/Incoming	Filed Notice of Change of Firm Address (Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP). (SC)		21-05313
02/23/2021	Notice/Incoming	Filed Notice of Change of Firm Name (Lee, Landrum & Carlson, APC). (SC)		21-05343
04/02/2021	Order/Procedural	Filed Order Scheduling Oral Argument. This matter is scheduled for oral argument on May 4, 2021, at 11:00 a.m. The argument will be videoconferenced. The argument shall be limited to 30 minutes. The court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. Within 7 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC)		21-09644
04/19/2021	Notice/Outgoing	Issued Oral Argument Reminder Notice. (SC)		21-11168
04/26/2021	Other	Chief Justice James W. Hardesty disqualified from participation in this matter. Disqualification Reason: Parties
05/04/2021	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court. 79921. (SC)
06/28/2021	Notice/Incoming	Filed Notice of Change of Firm Name (Lee, Landrum, Marking & Ingle, APC has changed its name to Lee, Landrum & Ingle). (SC)		21-18500
07/02/2021	Notice/Incoming	Filed Notice of Firm Name Change and Notice of Disassociation of Counsel (Hoy Chrissinger Kimmel Vallas, PC, has changed its name to Hoy Chrissinger Vallas, PC). (SC)		21-19078
07/29/2021	Opinion/Dispositional	Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Pickering, J. Majority: Parraguirre/Stiglich/Cadish/Silver/Pickering/Herndon 137 Nev. Adv. Opn. No. 35. fn1 [The Honorable James W. Hardesty, Chief Justice, voluntarily recused himself from participation in this matter.] En Banc. (SC).		21-21960
08/23/2021	Remittitur	Issued Remittitur. (SC).		21-24423
08/23/2021	Case Status Update	Remittitur Issued/Case Closed. (SC).
09/07/2021	Remittitur	Filed Remittitur. Received by District Court Clerk on August 25, 2021. (SC)		21-24423

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