PAULOS VS. FCH1, LLC
2020 NV 2
Nev.
2020
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74912: Case View
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Case Information: 74912
Short Caption:PAULOS VS. FCH1, LLCCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A716850Classification: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, PaulSP Status:Completed
Oral Argument:10/07/2019 at 3:00 PMOral Argument Location:Las Vegas
Submission Date:10/07/2019How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
AppellantCristina PaulosElliot 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)
RespondentAaron BacaCraig R. Anderson (Marquis Aurbach Coffing)
Kathleen A. Wilde (Marquis Aurbach Coffing)
RespondentFCH1, LLCLewis W. Brandon, Jr. (Brandon Smerber Law Firm)
Justin W. Smerber (Brandon Smerber Law Firm)
RespondentJeannie HoustonLewis W. Brandon, Jr. (Brandon Smerber Law Firm)
Justin W. Smerber (Brandon Smerber Law Firm)
RespondentLas Vegas Metropolitan Police DepartmentCraig R. Anderson (Marquis Aurbach Coffing)
Kathleen A. Wilde (Marquis Aurbach Coffing)

Docket Entries
DateTypeDescriptionPending?Document
01/22/2018Filing FeeFiling Fee due for Appeal. FILING FEE WAIVED - ORDER TO PROCEED IN FORMA PAUPERIS GRANTED 1/25/18.
01/22/2018Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day.18-02869
01/22/2018Notice/OutgoingIssued 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
02/01/2018Notice/IncomingFiled Appellant's Notice Regarding Filing Fee.18-04381
02/05/2018Notice/OutgoingIssued 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
02/06/2018Settlement NoticeIssued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Paul M. Haire.18-05077
02/12/2018MotionFiled Appellant's Motion to Withdraw as Counsel.18-05699
02/21/2018Order/ProceduralFiled 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
02/27/2018Docketing StatementFiled Docketing Statement Civil Appeals.18-07581
03/07/2018Settlement Program ReportFiled 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
04/23/2018Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter.18-15474
04/24/2018Settlement Order/ProceduralFiled 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
05/09/2018Order/Clerk'sFiled Order Granting Telephonic Extension. Appellant's Transcript Request Form due: May 23, 2018.18-17641
05/23/2018Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 8/11/15 and 10/19/17. To Court Reporter: None listed.18-19856
06/06/2018MotionFiled Motion to Place Appeal in Pro Bono Appellate Program.18-21398
06/12/2018TranscriptFiled Notice from Court Recorder Carrie Hansen stating that the requested transcripts were delivered. Dates of transcripts: Not given.18-22211
07/06/2018Order/ProceduralFiled 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
07/20/2018Record on Appeal DocumentsFiled Record on Appeal Volumes 1-6 (Via FTP).18-27667
07/23/2018Record on Appeal DocumentsFiled Record on Appeal Pages 1220-1221, 1226-1228 (SEALED).
07/31/2018Notice/IncomingFiled Notice of Appearance of Counsel (Kathleen A. Wilde for Respondents Las Vegas Metropolitan Police Dept. and Aaron Baca).18-29329
09/05/2018MotionFiled Stipulation for Extension to File Opening Brief and Appendix.18-34422
09/05/2018Notice/OutgoingIssued Notice Motion/Stipulation Approved. (Opening Brief and Appendix)18-34451
10/04/2018MotionFiled Appellant's Motion for Extension of Time to File Opening Brief and Appendix.18-39069
10/11/2018Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief due: November 5, 2018.18-39884
10/24/2018AppendixFiled Appellant's Appendix Volume 1.18-41839
10/24/2018AppendixFiled Appellant's Appendix Volume 2.18-41844
10/24/2018AppendixFiled Appellant's Appendix Volume 3.18-41845
10/24/2018AppendixFiled Appellant's Appendix Volume 4 Part 1.18-41846
10/24/2018AppendixFiled Appellant's Appendix Volume 4 Part 2.18-41849
10/24/2018AppendixFiled Appellant's Appendix Volume 5 Part 1.18-41852
10/24/2018AppendixFiled Appellant's Appendix Volume 5 Part 2.18-41853
10/24/2018AppendixFiled Appellant's Appendix Volume 6.18-41854
10/24/2018AppendixFiled Appellant's Appendix Volume 7.18-41855
10/24/2018BriefFiled Appellant's Opening Brief.18-41856
10/24/2018MotionFiled Appellant's Motion for Judicial Notice of Related Proceedings.18-41950
11/15/2018Order/ProceduralFiled 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
11/21/2018BriefFiled Respondents' FCH1, LLC and Jeannie Houston's Answering Brief. (SC)18-905227
11/21/2018Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents Aaron Baca and Las Vegas Metropolitan Police Department Answering Brief due: December 10, 2018. (SC).18-905216
12/07/2018MotionFiled Joint Motion Regarding Briefing Deadlines. (SC)18-907582
12/10/2018Order/ProceduralFiled 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
01/10/2019BriefFiled Respondents Las Vegas Metropolitan Police Department and Aaron Baca's Answering Brief. (SC)19-01637
01/10/2019AppendixFiled Respondents Las Vegas Metropolitan Police Department and Aaron Baca's Appendix Volume 1. (SC)19-01638
01/10/2019MotionFiled Respondents Las Vegas Metropolitan Police Department and Aaron Baca's Motion to Transmit Video Exhibits. (SC)19-01639
01/29/2019Order/ProceduralFiled Order Directing Transmission of Exhibit. District Court's Exhibit 6 due: 30 days. (SC).19-04371
02/05/2019MotionFiled District Court's Response to Supreme Court Order dated 01/29/2019. (SC)19-05571
02/12/2019MotionFiled Appellant's Motion for Extension to File Reply Brief. (SC)19-06444
02/22/2019Order/ProceduralFiled 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
03/05/2019MotionFiled Clark County Clerk's Response to Supreme Court Order Filed 2/22/19. (SC)19-09802
03/12/2019Order/ProceduralFiled 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
03/14/2019BriefFiled Appellant's Reply Brief. (SC)19-11287
03/14/2019Case Status UpdateBriefing Completed/To Screening. (SC)
03/26/2019MotionFiled 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
04/15/2019Order/ProceduralFiled 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
04/23/2019Order/IncomingFiled District Court Letter in Response to Order Dated 4/15/19 Regarding Exhibits. (SC)19-17826
04/30/2019Order/ProceduralFiled 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
08/26/2019Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on Monday, October 7, 2019 at 3:00 pm. (SC)19-35619
09/23/2019BriefFiled Appellant's Supplemental Authorities. (SC)19-39516
09/27/2019Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)19-40225
10/07/2019Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. (SC)
01/30/2020Opinion/DispositionalFiled 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
02/24/2020RemittiturIssued Remittitur. (SC)20-07279
02/24/2020Case Status UpdateRemittitur Issued/Case Closed. (SC)
03/06/2020RemittiturFiled Remittitur. Received by District Court Clerk on February 28, 2020. (SC)20-07279
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