Perez Vs. Talley ( 2021 )

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Cases Case Search Participant Search 21-34114: 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: 79094 Short Caption: PEREZ VS. TALLEY Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - A741306 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Disposition Filed Replacement: Panel Assigned: Panel To SP/Judge: 07/05/2019 / Boyer, John SP Status: Completed Oral Argument: 09/13/2021 at 11:30 AM Oral Argument Location: Las Vegas Submission Date: 09/13/2021 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Cesar Perez Micah S. Echols (Claggett & Sykes Law Firm) Kimball J. Jones (Bighorn Law/Las Vegas) David P. Snyder (Claggett & Sykes Law Firm) Respondent Doris Ann Talley Jonathan J. Hansen (Hansen & Hansen, LLC) + Due Items Due Date Status Due Item Due From 12/27/2021 Open Remittitur Docket Entries Date Type Description Pending? Document 07/02/2019 Filing Fee Filing Fee due for Appeal. (SC) 07/02/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (SC) 19-28389 07/02/2019 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. (SC) 19-28392 07/02/2019 Filing Fee E-Payment $250.00 from Kimball J. Jones. (SC) 07/03/2019 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. Docketing Statement mailed to counsel for appellant - due: 21 days. (SC). 19-28464 07/05/2019 Settlement Notice Issued Notice: Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: John Boyer. (SC) 19-28699 07/24/2019 Docketing Statement Filed Docketing Statement Civil Appeals. (SC) 19-31357 08/01/2019 Settlement Program Report Filed Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for August 15, 2019. (SC). 19-32479 08/21/2019 Settlement Program Report Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. (SC). 19-35089 08/22/2019 Settlement Order/Procedural Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant: 14 days transcript request; 90 days opening brief and appendix. (SC). 19-35242 11/18/2019 Notice/Incoming Filed Notice of Appearance. Micah S. Echols, Esq., of Marquis Aurbach Coffing Appearing as Counsel for Appellant, Cesar Perez (SC) 19-47224 11/18/2019 Motion Filed Motion for Extension of Time to File Appellant's Opening Brief and Appendix and Motion to File Late Transcript Request. (SC) 19-47225 11/18/2019 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 10/31/18, 11/1/18, 11/2/18, 11/5/18, 11/6/18, 11/7/18, 11/8/19, 11/9/18, 11/13/18. 11/14/18, and 11/15/18. To Court Reporter: Sandra Anderson. (SC) 19-47227 12/05/2019 Order/Procedural Filed Order Granting Motions. Appellant's motion for an extension of time to file the transcript request form is granted. The transcript request form was filed on November 18, 2019. Appellant's Opening Brief and Appendix due: February 18, 2020. (SC). 19-49305 02/18/2020 Notice/Incoming Filed Notice of Change of Firm Affiliation. Micah S. Echols, counsel for Appellant, Cesar Perez, in the above-captioned matter, is no longer affiliated with MARQUIS AURBACH COFFING. Mr. Echols is now affiliated with the law firm of CLAGGETT & SYKES. (SC) 20-06603 02/18/2020 Motion Filed Appellant's Motion for Extension of Time to File Appellant's Opening Brief and Appendix. (SC) 20-06692 02/24/2020 Order/Procedural Filed Order Regarding Transcripts. Court Reporter Sandra Anderson's Certificate of Delivery of Transcripts due: 21 days. (SC). 20-07386 02/27/2020 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: 60 days. (SC). 20-07894 02/28/2020 Transcript Filed Notice from Court Recorder Sandra Andersen stating that the requested transcripts were delivered. Dates of Transcripts: 3/16/18, 7/19/18, 10/29/17, 10/29/18, 10/30/18, 10/31/18, and 11/1/18. (SC) 20-08150 03/16/2020 Notice/Incoming Filed Notice of Completion and Delivery of Transcript(s) , 11/2/18, 11/5/18, 11/6/18, 11/7/18, 11/8/19, 11/14/18, 11/15/18. (SC) 20-10332 03/19/2020 Notice/Incoming Filed Notice of Completion and Delivery of Transcripts. (SC) 20-10862 04/27/2020 Motion Filed Motion for Extension of Time to File Appellant's Opening Brief and Appendix (Third Request). (SC). 20-15978 05/04/2020 Motion Filed Respondent's Opposition to Third Motion for Extension of Time to File Opening Brief. (SC) 20-16786 05/08/2020 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: May 27, 2020. (SC). 20-17512 05/21/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 1. (SC) 20-19489 05/21/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 2. (SC) 20-19490 05/21/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 4. (SC) 20-19491 05/21/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 5. (SC) 20-19501 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 15. (SC) 20-19492 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 14. (SC) 20-19509 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 13. (SC) 20-19538 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 16. (SC) 20-19558 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 17. (SC) 20-19559 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 18. (SC) 20-19541 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 19. (SC) 20-19493 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 21. (SC) 20-19497 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 20. (SC) 20-19561 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 22. (SC) 20-19498 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 23. (SC) 20-19499 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 24. (SC) 20-19563 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 3. (SC) 20-19500 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 6. (SC) 20-19502 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 7. (SC) 20-19503 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 8. (SC) 20-19504 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 9. (SC) 20-19505 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 10. (SC) 20-19506 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 11. (SC) 20-19507 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 12. (SC) 20-19508 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 25. (SC) 20-19565 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 26. (SC) 20-19511 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 27. (SC) 20-19512 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 28. (SC) 20-19513 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 29. (SC) 20-19514 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 31. (SC) 20-19515 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 30. (SC) 20-19516 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 32. (SC) 20-19518 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 33. (SC) 20-19519 05/22/2020 Appendix Filed Appellant's Appendix to Opening Brief Volume 34. (SC) 20-19520 05/26/2020 Notice/Incoming Filed Certificate of Service for Appellant's Appendix, Volumes 1-34. (SC) 20-19750 05/27/2020 Motion Filed Appellant's Motion for Extension of Time to File Appellant's Opening Brief (Fourth Request). (SC) 20-20080 05/28/2020 Motion Filed Respondent's Opposition to Appellant's Fourth Motion for Extension of Time. (SC) 20-20180 05/29/2020 Notice/Incoming Filed Notice of Change of Address (Bighorn Law will be relocated to 2225 E. Flamingo Rd., Building 2, Suite 300, Las Vegas, Nevada 89119). (SC) 20-20317 06/03/2020 Brief Filed Appellant's Opening Brief. (REJECTED PER ORDER 6/4/20). (SC) 06/04/2020 Brief Filed Appellant's Amended Opening Brief. (SC) 20-20968 06/04/2020 Order/Procedural Filed Order Granting Motion. Extraordinary circumstances and extreme need having been shown, and despite respondent's opposition, appellant's motion requesting a fourth extension of time to file the opening brief is granted. The amended opening brief was filed on June 4, 2020. The clerk shall reject the opening brief filed on June 3, 2020. Respondent shall have until July 6, 2020, to file and serve the answering brief. (SC) 20-21049 07/02/2020 Order/Clerk's Filed Order Granting Telephonic Extension. Respondent's Answering Brief due: July 20, 2020. (SC) 20-24608 07/08/2020 Brief Filed Respondent's Answering Brief. (SC) 20-25250 08/07/2020 Motion Filed Motion for Extension of Time to File Appellant's Reply Brief - First Request. (SC) 20-29168 08/07/2020 Notice/Outgoing Issued Notice - Motion Approved. Appellant's Reply Brief due: September 8, 2020. (SC) 20-29202 09/08/2020 Motion Filed Appellant's Motion to Extend Time Motion to File Reply Brief. (Second Request) (SC) 20-32984 09/11/2020 Order/Procedural Filed Filed Order Granting Motion. Appellant's Reply Brief due: October 8, 2020. (SC) 20-33600 10/08/2020 Motion Filed Appellant's Motion to Extend Time to File Reply Brief. (Third Request) (SC) 20-37039 10/09/2020 Motion Filed Respondent's Opposition to Appellant's Third (or Seventh) Motion for Extension of Time. (SC) 20-37137 10/15/2020 Order/Procedural Filed Order Granting Motion. Appellant's Reply Brief due: October 22, 2020. (SC) 20-37896 10/22/2020 Brief Filed Appellant's Reply Brief. (SC) 20-38831 10/23/2020 Case Status Update Briefing Completed/To Screening. (SC) 06/03/2021 Notice/Incoming Filed Appellant's Notice of Unavailability. (SC) 21-15883 08/10/2021 Order/Procedural Filed Order Scheduling Oral Argument. This matter is scheduled for oral argument on September 13, 2021, at 11:30 a.m. in Las Vegas. The argument shall be limited to 30 minutes. Due to the coronavirus pandemic, while in the courtroom attendees will be required to abide by the court's social distancing standards then in effect as recommended by the CDC. The court will also maintain recommended sanitizing standards from the CDC in the courtroom between each case argued. fn1As of this time, the oral argument will be held in person. However, should the CDC guidelines and/or circumstances in Clark County change, oral argument may be held by videoconference. In the event oral argument will be held by videoconference, the parties will be so notified no later than September 9, 2021, and provided BlueJeans videoconferencing information at that time.] (SC) 21-23250 08/30/2021 Order/Procedural Filed Order Regarding Oral Argument. The current status of the Covid-19 pandemic requires counsel to appear remotely for this argument. 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 5 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. (SC) 21-25094 08/30/2021 Notice/Incoming Filed Notice Appellant's Notice of Supplemental Authority. (REJECTED PER 8/31/21 NOTICE). (SC) 08/31/2021 Notice/Outgoing Issued Notice Of Rejection (Appellant's Notice of Supplemental Authority) - No Notice Of Appearance. (SC) 21-25295 08/31/2021 Brief Filed Appellant's Notice of Supplemental Authority. (SC) 21-25328 08/31/2021 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 21-25138 09/08/2021 Motion Filed Appellant's Motion for Leave to File Appendix to Reply Brief. (SC) 21-26093 09/08/2021 Appendix Filed Appellant's Appendix to Reply Brief. Vol. 1. (SC) 21-26100 09/08/2021 Notice/Incoming Filed Appellant's Proof of Service for the Appendix. (SC) 21-26101 09/09/2021 Order/Procedural Filed Order Granting Motion. Appellant's motion for leave to file an appendix to the reply brief is granted. The appendix to the reply brief was filed on September 8, 2021. (SC) 21-26172 09/13/2021 Case Status Update Oral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. 79094. (SNP21-RP/AS/LS). (SC) 09/17/2021 Brief Filed Respondent Doris Talley's Supplemental Brief Re: Officer Richter. (SC) 21-27047 09/20/2021 Brief Filed Appellant's Notice of Supplemental Authorities. (SC) 21-27112 09/20/2021 Brief Filed Appellant's Supplemental Brief on Testimony of Officer Richter. (SC) 21-27113 09/20/2021 Motion Filed Appellant's Motion to Strike Respondent's Oral Argument on the Batson Issues, or Alternatively, to Limit the Court's Consideration to the Record. (SC) 21-27175 09/21/2021 Motion Filed Respondent Doris Talley's Opposition to Appellant's Motion to Strike, and Countermotion to Strike Appellant's Improper Motion to Strike. (SC) 21-27309 09/24/2021 Motion Filed Appellant's Reply in Support of Appellant's Motion to Strike and Opposition to Respondent's Countermotion to Strike. (SC) 21-27617 09/24/2021 Notice/Incoming Filed Notice of Appearance of Counsel (David P. Snyder of Claggett & Sykes Law Firm hereby enters his appearance as counsel for Appellant). (SC) 21-27619 11/30/2021 Order/Dispositional Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP21 - RP/LS/AS (SC) 21-34114 Combined Case View