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For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600.Case Information: 79881 Short Caption: C & A INVS., L.L.C. VS. JIANGSON DUKE, LLC C/W 83279 Court: Supreme Court Consolidated: 79881*, 83279 Related Case(s): 80824, 83279 Lower Court Case(s): Carson City - First Judicial District - 17RP000091B Classification: Civil Appeal - General - Other Disqualifications: Case Status: Disposition Filed Replacement: Panel Assigned: Panel To SP/Judge: 10/30/2019 / Shipman, Madelyn SP Status: Completed Oral Argument: Oral Argument Location: Submission Date: How Submitted:
+ Party Information Role Party Name Represented By Appellant C & A Investments, L.L.C. Robert L. Eisenberg (Lemons, Grundy & Eisenberg)
Joel W. Locke (Allison MacKenzie, Ltd.)
Ryan D. Russell (Allison MacKenzie, Ltd.)Respondent Jiangson Duke, LLC Richard A. Salvatore (Midtown Reno Law) Respondent Northern Nevada Comstock Investments, LLC John K. Gallagher (Guild, Gallagher & Fuller, Ltd.)
Patrick H. Gallagher (Guild, Gallagher & Fuller, Ltd.)Respondent Wells Fargo Bank Northwest, N.A. Jennifer Mahe (Mahe Law, Ltd.)
+ Due Items Due Date Status Due Item Due From 11/07/2022 Open Remittitur
Docket Entries Date Type Description Pending? Document 10/29/2019 Filing Fee Filing Fee Paid. $250.00 from Allison MacKenzie. Check no. 13019. (SC) 10/29/2019 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 19-44419
10/29/2019 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) 19-44422
10/29/2019 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 19-44426
10/30/2019 Notice/Incoming Filed Notice of Appearance (John K. Gallagher, S. Timothy Summers and Patrick H. Gallagher of the law firm of Guild, Gallagher & Fuller, Ltd. as counsel for respondent Northern Nevada Comstock Investments, LLC). (SC) 19-44624
10/30/2019 Settlement Notice Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Madelyn Shipman. (SC). 19-44701
10/31/2019 Notice/Incoming Filed Notice of Association of Counsel (Robert L. Eisenberg as counsel for Appellant). (SC) 19-44844
11/08/2019 Docketing Statement Filed Docketing Statement Civil Appeals. (SC) 19-45965
11/15/2019 Settlement Program Report Filed ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for March 3, 2020, at 9:00 am. (SC). 19-47007
11/18/2019 Notice/Incoming Filed Respondent Northern Nevada Comstock Investments, LLC's Notice of Disassociation of Counsel. (SC) 19-47198
11/19/2019 Notice/Incoming Filed Affidavit of Mailing (Northern Nevada Comstock Investments, LLC's Notice of Disassociation of Counsel). (SC) 19-47280
11/21/2019 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 19-47742
02/21/2020 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 20-07117
02/21/2020 Notice of Appeal Documents Filed District Court Docket Entries. (SC) 20-07220
02/25/2020 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 20-07648
02/27/2020 Settlement Program Report Filed Interim Settlement Program Report. The settlement conference is continued to the following date: April 8, 2020, at 9:00 AM. (SC) 20-08005
03/06/2020 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 20-09001
03/24/2020 Settlement Program Report Filed Amended ECAR/Appropriate for Settlement Program. The mediation scheduled for April 8, 2020 in 79881 is being continued due to COVID-19 - request is up to 90 days per NRAP 16(f)(2) for combined cases. Case Nos. 79881/80824. (SC) 20-11278
04/02/2020 Settlement Program Report Filed Amended ECAR/Appropriate for Settlement Program. This case is appropriate for the program and a mediation session will be re-scheduled. Case Nos. 79881/80824. (SC) 20-12685
04/08/2020 Settlement Order/Procedural Filed Order. The settlement judge shall file the Final Settlement Program Status Report by July 27, 2020. Nos. 79881/80824. (SC). 20-13321
07/01/2020 Settlement Program Report Filed Amended ECAR/Not Appropriate for Settlement Program. This case is not appropriate for mediation. Case Nos. 79881/80824. (SC). 20-24476
07/10/2020 Settlement Order/Procedural Filed Order Removing From Settlement Program/Briefing Reinstated. This appeal is removed from the settlement program. Appellant(s): 14 days transcript request; 90 days opening brief. (SC) 20-25530
07/16/2020 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 03/18/19; 03/20/19 and 03/21/20. To Court Reporter: Sunshine Litigation Services. (SC) 20-26222
07/22/2020 Notice of Appeal Documents Filed District Court Docket Entries. (SC) 20-26731
07/22/2020 Notice of Appeal Documents Filed Copy of District Court Docket Entries. (SC) 20-26783
07/23/2020 Transcript Request Filed Notice Regarding Transcripts. (SC). 20-26891
07/24/2020 Transcript Filed Notice from Court Reporter. Gail R. Willsey stating that the requested transcripts were delivered. Dates of transcripts: 03/18/19 and 03/20/19. (SC) 20-27115
07/24/2020 Transcript Filed Notice from Court Reporter. Pamela D. Simon stating that the requested transcripts were delivered. Dates of transcripts: 03/18/19 (AM session) and 03/21/19. (SC) 20-27122
10/07/2020 Motion Filed Appellant's Motion for Extension of Time for Opening Brief (First Request). (SC) 20-36858
10/07/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant's Opening Brief and Joint Appendix due: November 9, 2020. (SC) 20-36864
11/04/2020 Notice/Incoming Filed Respondent's Notice of Limited Participation. (SC) 20-40143
11/04/2020 Notice/Incoming Filed Appellant's Response to Notice of Limited Participation. (SC) 20-40165
11/06/2020 Motion Filed Appellant's Motion for Extension of Time for Opening Brief (Second Request). (SC) 20-40642
11/09/2020 Order/Procedural Filed Order. Respondent Bank of Utah/Wells Fargo has filed a notice of limited participation indicating that it has been misidentified in this court's caption. The clerk of this court shall amend the caption on this court's docket to conform to the caption in this order. Bank of Utah indicates that it does not anticipate filing an answering brief or participating in oral argument, if ordered. Appellant's motion requesting a second extension of time to file the opening brief is granted. Appellant's Opening Brief and Appendix due: November 24, 2020. (SC). 20-40853
11/18/2020 Brief Filed Appellant's Opening Brief. (SC) 20-42157
11/18/2020 Appendix Filed Joint Appendix Volume I. (SC) 20-42159
11/18/2020 Appendix Filed Joint Appendix Volume II. (SC) 20-42160
11/18/2020 Appendix Filed Joint Appendix Volume III. (SC) 20-42161
11/18/2020 Appendix Filed Joint Appendix Volume IV. (SC) 20-42162
11/18/2020 Appendix Filed Joint Appendix Volume V. (SC) 20-42163
11/18/2020 Appendix Filed Joint Appendix Volume VI. (SC) 20-42164
11/18/2020 Appendix Filed Joint Appendix Volume VII. (SC) 20-42165
11/18/2020 Appendix Filed Joint Appendix Volume VIII. (SC) 20-42166
11/18/2020 Appendix Filed Joint Appendix Volume IX. (SC) 20-42167
11/18/2020 Appendix Filed Joint Appendix Volume X Part 1. (SC) 20-42176
11/18/2020 Appendix Filed Joint Appendix Volume X Part 2. (SC) 20-42177
11/18/2020 Appendix Filed Joint Appendix Volume XI. (SC) 20-42178
11/18/2020 Appendix Filed Joint Appendix Volume XII. (SC) 20-42179
11/18/2020 Appendix Filed Joint Appendix Volume XIII. (SC). 20-42185
11/18/2020 Appendix Filed Joint Appendix Volume XIV. (SC). 20-42186
11/18/2020 Appendix Filed Joint Appendix Volume XV. Part 1. (SC). 20-42189
11/18/2020 Appendix Filed Joint Appendix Volume XV. Part 2. (SC). 20-42190
11/18/2020 Appendix Filed Joint Appendix Volume XV. Part 3. (SC). 20-42191
11/18/2020 Appendix Filed Joint Appendix Volume XVI. (SC). 20-42192
11/18/2020 Motion Filed Appellant's Motion to File Supplemental Appendix. (SC). 20-42194
11/18/2020 Appendix Filed Supplemental Appellant's Appendix. (SC). 20-42198
11/19/2020 Motion Filed Appellant's Motion to File Supplemental Appendix (Errata). (SC) 20-42257
11/20/2020 Motion Filed Respondent Northern Nevada Comstock Investments, LLC's Motion for Extension of Time to File Opposition to Appellant's Motion to File Supplemental Appendix. (SC) 20-42532
11/30/2020 Order/Procedural Filed Order Granting Motion. Respondent Northern Nevada Comstock Investments, LLC's motion for an extension of time to file an opposition to appellant's motion for leave to file a supplemental appendix is granted. Northern Nevada Comstock shall have until December 4, 2020, to file and serve an opposition. (SC) 20-43238
12/04/2020 Motion Filed Respondent Comstock's Opposition to Appellant's Motion to File Supplemental Appendix. (SC) 20-44074
12/07/2020 Motion Filed Respondent Jiangson Duke, LLC's Joinder to Respondent Northern Nevada Comstock Investment, LLC's Opposition to File Supplemental Appendix. (SC) 20-44290
12/07/2020 Motion Filed Appellant's Reply in Support of Motion to File Supplemental Appendix. (SC) 20-44329
12/10/2020 Order/Procedural Filed Order Granting Motion. Appellant has filed a motion for leave to file a supplemental appendix containing a district court order and notice of entry of that order. Respondent Northern Nevada Comstock Investments, LLC opposes the motion, and respondent Jiangson Duke, LLC joins in the opposition. Appellant has filed a reply in support of the motion. The motion is granted. The supplemental appendix was filed on November 18, 2020. (SC) 20-44940
12/16/2020 Motion Filed Respondent Northern Nevada Comstock Investment LLC's Motion for Extension of Time for Answering Brief. (SC) 20-45501
12/16/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Northern Nevada Comstock Investment LLC's answering brief due: January 19, 2021. (SC) 20-45510
12/16/2020 Motion Filed Respondent Jiangson Duke, LLC's Joinder in Motion for Extension of Time for Answering Brief. (SC) 20-45558
12/16/2020 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondent Jiangson Duke, LLC's answering brief due: January 19, 2021. (SC) 20-45585
01/15/2021 Motion Filed Respondent Northern Nevada Comstock Investments, LLC's Second Motion for Extension of Time to File its Answering Brief. (SC) 21-01391
01/19/2021 Motion Filed Respondent Jiangson Duke, LLC's Joinder to Respondent Northern Nevada Comstock Investments, LLC's Second Motion for Extension of Time for Answering Brief. (SC) 21-01573
01/22/2021 Order/Procedural Filed Order Granting Motion. Comstock and Jiangson shall have until February 18, 2021, to file and serve the answering brief. (SC) 21-01973
02/18/2021 Brief Filed Respondent Northern Nevada Comstock Investments, LLC's Answering Brief. (SC) 21-04845
02/18/2021 Brief Filed Respondent Jiangson Duke, LLC's Joinder to Respondent Northern Nevada Comstock Investment, LLC's Answering Brief. (SC) 21-04860
03/22/2021 Motion Filed Appellant's Motion for Extension of Time for Reply Brief (First Request). (SC) 21-08137
03/22/2021 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: April 21, 2021. (SC) 21-08175
03/22/2021 Motion Filed Respondent Comstock's Opposition to Appellant's Motion for Extension of Time for Reply Brief. (SC) 21-08176
03/30/2021 Order/Procedural Filed Order. Appellant's motion for an extension of time to file the reply brief was granted on March 22, 2021. Thereafter, respondents filed an opposition to the motion. This court takes no action in regard to the opposition. (SC) 21-09118
04/13/2021 Motion Filed Appellant's Motion to Suspend Briefing Schedule or, Alternatively, for a Second Extension of Time for the Reply Brief. (SC) 21-10642
04/14/2021 Motion Filed Respondent Comstock's Opposition to Appellant's Motion to Suspend Briefing Schedule or, Alternatively, for a Second Extension of Time for the Reply Brief. (SC) 21-10849
04/19/2021 Motion Filed Appellant's Reply in Support of Motion to Suspend Briefing Schedule. (SC) 21-11217
04/19/2021 Motion Filed Comstock's Supplement to its Opposition to C&A's Motion to Suspend Briefing Schedule or, Alternatively, For a Second Extension of Time for the Reply Brief. (SC) 21-11229
04/21/2021 Motion Filed Respondent's (Jiangson Duke, LLC's) Joinder to Northern Nevada Comstock Investment, LLC's Opposition to Suspend Briefing Schedule or, Alternatively, for a Second Extension of Time for the Reply Brief. (SC) 21-11519
04/21/2021 Notice/Incoming Filed Respondent's (Jiangson Duke,LLC's) Joinder to Northern Nevada Comstock Investment, LLC's Supplement to its Opposition to Motion to Suspend Briefing Schedule or, Alternatively, for a Second Extension of Time for the Reply Brief. (SC) 21-11520
04/22/2021 Order/Procedural Filed Order. Appellant has filed a motion to suspend the briefing schedule in this appeal or, alternatively, for a second extension of time to file the reply brief. The motion is granted to the following extent. Appellant's reply brief due: June 21, 2021. (SC) 21-11671
06/18/2021 Motion Filed Appellant's Motion to Extend Time To File Reply Brief. (SC) 21-17616
06/21/2021 Motion Filed Respondent Comstock's Opposition to Appellant's Third Motion for Extension of Time for Reply Brief. (SC) 21-17843
06/25/2021 Order/Procedural Filed Order Granting Motion. Appellant shall have until July 21, 2021, to file and serve the reply brief. (SC) 21-18352
07/21/2021 Motion Filed Appellant's Motion for Extension of Time for Reply Brief (Fourth Extension). (SC) 21-20968
07/23/2021 Motion Filed Respondent Comstock's Opposition to Appellant's Fourth Motion for Extension of Time for Reply Brief. (SC) 21-21389
07/24/2021 Motion Filed Appellant's Reply in Support of Motion for Extension of Time (Reply Brief). (SC) 21-21423
07/26/2021 Notice/Incoming Filed Respondent Jiangson Duke, LLC's Joinder to Respondent Northern Nevada Comstock Investment, LLC's Opposition to Appellant's Fourth Motion for Extension of Time for Reply Brief. (SC) 21-21537
08/02/2021 Order/Procedural Filed Order Granting Motion. Appellant's opposed motion requesting a fourth extension of time to file the reply brief is granted. Appellant's reply brief due: August 20, 2021. (SC) 21-22320
08/19/2021 Brief Filed Appellant's Reply Brief. (SC) 21-24250
08/19/2021 Motion Filed Respondent Comstock's Motion for Leave to File Supplemental Appendix. (DETACHED SUPPLEMENTAL APPENDIX AND FILED SEPARATELY PER ORDER 9/3/21). (SC) 21-24262
08/19/2021 Motion Filed Respondent Comstock's Motion for Leave to File Supplement to Its Answering Brief and Permission to Exceed Page Limit or Type Volume Limitation. (DETACHED ANSWERING BRIEF AND FILED SEPARTELY PER ORDER FILED 9/3/21). (SC) 21-24265
08/19/2021 Case Status Update Briefing Completed/To Screening. (SC) 08/25/2021 Motion Filed Stipulation Regarding Motion for Leave to File Supplement to Answering Brief and Motion for Leave to File Supplemental Appendix. (SC) 21-24780
09/03/2021 Order/Procedural Filed Order Approving Stipulation. The clerk of this court shall detach the supplemental answering brief attached as exhibit 2 to the motion for leave to file a supplemental answering brief filed on August 19, 2021, and shall file it separately. The clerk shall detach the supplemental appendix from the August 19, 2021, motion for leave to file a supplemental appendix and shall file it separately. Appellant shall have 14 days from the date of this order to file and serve a supplemental reply brief that does not exceed the page or type volume contained in Comstock's supplemental answering brief, if deemed necessary. fn1[Comstock's motions filed on August 19, 2021, are denied as moot.] 21-25738
09/03/2021 Brief Filed Respondent Northern Nevada Comstock Investments, LLC's Supplemental Answering Brief. 21-25739
09/03/2021 Appendix Filed Respondent Northern Nevada Comstock Investments, LLC's Supplemental Appendix. (SC) 21-25740
09/17/2021 Brief Filed Appellant's Supplemental Reply Brief. (SC) 21-26969
12/29/2021 Motion Filed Appellant's Motion to Consolidate Appeals. (SC) 21-37081
01/05/2022 Motion Filed Respondent Northern Nevada Comstock's Opposition to C&A Investments Motion to Consolidate Appeals. (SC) 22-00402
01/06/2022 Motion Filed Respondent, Jiangson Duke LLC's Joinder to Respondent Northern Nevada Comstock Investment, LLC's Opposition to Appellant's Motion to Consolidate Appeals. (SC) 22-00626
01/07/2022 Motion Filed Appellant's Reply in Support of Motion to Consolidate. (SC) 22-00682
01/19/2022 Order/Procedural Filed Order Granting Motions to Consolidate. Briefing of the appeal in Docket No. 79881 has been completed. The briefing of the appeal and cross-appeal in Docket No. 83279 shall proceed as currently scheduled in that appeal and cross-appeal. Nos. 79881/83279. (SC) 22-01842
01/28/2022 Motion Filed Respondent Northern Nevada Comstock Investment LLC's Motion for Extension of Time to File Respondent's Answering Brief on Appeal and Opening Brief on Cross Appeal. Nos. 79881/83279 (SC) 22-02900
01/28/2022 Notice/Outgoing Issued Notice Motion/Stipulation Approved. (Northern Nevada Comstock's Answering Brief/Opening Brief due: March 2, 2022) Nos. 79881/83279 (SC) 22-02903
03/02/2022 Brief Filed Respondent/Cross Appellant Northern Nevada Comstock Investments, LLC's Answering Brief on Appeal and Opening Brief on Cross-Appeal (83279). Nos. 79881/83279 (SC) 22-06719
03/02/2022 Appendix Filed Respondent/Cross Appellant Northern Nevada Comstock Investments, LLC's Appendix on Appeal and On Cross-Appeal - Volume 3 (83279). Nos. 79881/83279 (SC) 22-06721
03/02/2022 Appendix Filed Respondent/Cross Appellant Northern Nevada Comstock Investments, LLC's Appendix on Appeal and On Cross-Appeal - Volume 1 (83279). Nos. 79881/83279 (SC) 22-06726
03/03/2022 Notice/Incoming Filed Respondent/Cross-Appellant Jiangson Duke, LLC's Joinder to Respondent Northern Nevada Comstock Investment, LLC's Answering Brief on Appeal and Opening Brief on Cross-Appeal and NRAP 26.1 Disclosures (83279). Nos. 79881/83279 (SC) 22-06794
03/03/2022 Notice/Incoming Filed Respondent/Cross-Appellant Jiangson Duke, LLC's Joinder to Respondent Northern Nevada Comstock Investment, LLC's Answering Brief on Appeal and Opening Brief on Cross-Appeal and NRAP 26.1 Disclosures (83279). Nos. 79881/83279 (Duplicate filing) (SC) 22-06797
03/30/2022 Motion Filed Appellant/Cross-Respondent's Motion to Extend Time for Reply Brief on Appeal and Answering Brief on Cross-Appeal (First Request) (83279). Nos. 79881/83279 (SC) 22-09831
03/30/2022 Notice/Outgoing Issued Notice Motion/Stipulation Approved. (Appellant/Cross-Respondent's Reply/Answering Brief due: May 2, 2022 (83279)) Nos. 79881/83279 22-09834
05/02/2022 Brief Filed Appellant's/Cross Respondent's Reply Brief on Appeal and Answering Brief on Appeal (83279). Nos. 79881/83279 (SC) 22-13860
05/13/2022 Motion Filed Respondent Northern Nevada Comstock Investments, Inc's Motion for Extension of Time to File Respondent's Reply Brief on Cross Appeal (First Request) (83279). Nos. 79881/83279 (SC) 22-15288
05/23/2022 Order/Procedural Filed Order Granting Motion. Comstock's reply brief on cross-appeal due: June 15, 2022. Nos. 79881/83279 (SC) 22-16233
06/15/2022 Brief Filed Respondent/Cross Appellant Northern Nevada Comstock Investments, LLC's Reply Brief on Cross-Appeal (83279). Nos. 79881/83279 (SC) 22-19077
06/16/2022 Case Status Update Briefing Completed. (83279). Nos. 79881/83279. 06/16/2022 Brief Filed Respondent/Cross Appelant Jiangson Duke, LLC's Partial Joinder to Respondent/Cross-Appellant Northern Nevada Comstock Investment, LLC's Reply Brief on Cross-Appeal. Nos. 79881/83279 (SC) 22-19185
10/11/2022 Order/Dispositional Filed Order Affirming (Docket No. 79881), and Affirming in Part, Reversing in Part and Remanding (Docket No. 83279). "ORDER the judgment of the district court in Docket No. 79881 AFFIRMED, the judgement of the district court denying NRCP 60(b) relief in Docket No. 83279 REVERSED AND REMANDED for proceedings consistent with this order, and the judgements of the district court regarding attorney fees and costs in Docket No. 83279 AFFIRMED." fn9 [The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.] RP/DH/MG. Nos. 79881/83279 (SC) 22-32073
Combined Case View
Document Info
Docket Number： 79881
Filed Date： 10/11/2022
Precedential Status： Precedential
Modified Date： 10/31/2022