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United States Court Cases

Nevada Supreme/Appellate Court Record

SCHWARTZ VS. ALL WESTERN MORTGAGE

Case Information: 35983
Short Caption:SCHWARTZ VS. ALL WESTERN MORTGAGECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A400742Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/24/2000 / Shirinian, AraSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/20/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kravitz Schnitzer & Sloane, Chtd.--check no. 18885.
04/20/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-06315
04/20/2000Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
04/24/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Ara H. Shirinian. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/28/2000MotionFiled Motion for Stay. Appellant's Motion for Stay of Execution Pending Appeal pursuant to NRAP 8(a). 00-06955
05/05/2000MotionFiled Motion. 00-07390
05/09/2000Order/ProceduralFiled Order Denying Motion. We have considered appellants' motion for stay pending appeal. We deny appellants' motion. 00-07660
05/11/2000MotionFiled Response to Motion. Respondent's Opposition to Appellants' Motion for Stay of Execution Pending Appeal pursuant to NRAP 8(a) and Countermotion to Dismiss Appeal and Request for Sanctions. 00-07852
05/22/2000Notice/IncomingFiled Notice. Change of Address. 00-08487
08/21/2000Order/ProceduralFiled Order. Cause appearing, we grant the motion filed by David J. Feldman for leave to withdraw from representation of appellants in this appeal. Attorney Feldman shall immediately serve a copy of this order upon appellants and shall filed proof of such service with the clerk of this court within 10 days of the date of this order. Appellants shall within 60 days from the date of this order, retain new counsel to represent them in this matter, and cause counsel to enter an appearance with this court. New counsel will be expected to participate in the settlement conference program. On May 11, 2000, respondent filed an opposition to appellants' motion for stay and a countermotion to dismiss the appeal and request for santions. In light of our May 9, 2000, order denying appellants' motion for stay, respondent's opposition is moot. We defer ruling on respondent's countermotion to dismiss the appeal for lack of jurisdiction and request for santions pending completion of the settlement conference proceedings. [fn1] A notice of assignment to the settlement conference program was issued on April 21, 2000, and this matter was assigned to Judge Ara H. Shirinian. 00-14601
08/25/2000Notice/IncomingFiled Proof of Service. Notice of Entry of Order (service of August 21, 2000, on appellants.) 00-14951
10/13/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 28, 2000. 00-18229
12/01/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. 00-21014
12/01/2000Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. 00-21015
02/26/2001Order/ProceduralFiled Order. To date, no counsel has entered an appearance with this court for appellants. It appears that appellants have new counsel, as a stipulation to dismiss this appeal was filed on December 1, 2000 and was signed by cunsel on behalf of appellants. Appellants' counsel shall have 10 days from the date of this order to file a notice of appearance with this court. We defer ruling on the December 1, 2000 stipulation to dismiss this appeal. Appellants shall have 60 days from the date of this orde to file in this court a copy of an order of the district court certifying that it is inclined to grant the parties' requested relief. If appellants are unable to obtain Huneycutt certification, they shall so inform this court in writing within the same time period. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned. 01-03568
03/05/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: David Gzesh. 01-04087
04/25/2001MotionFiled Motion to Extend Time. Appellants' Motion for Extension of Time to File Huneycutt Certification. 01-06964
05/09/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed on April 25, 2001. Appellants shall have to and including May 29, 2001 to file a copy of an order of the district court certifying that it is inclined to grant the parties' requested relief pursuant to Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978). 01-07759
06/04/2001Notice/IncomingFiled Notice. Appellants' Notice of Huneycutt Certification (w/attached copy of order filed in district court on May 8, 2001.) 01-09240
07/09/2001Order/DispositionalFiled Stipulated Dismissal. The parties to this appeal have stipulated to dismiss this appeal and to remand this matter to the district court for further proceedings in accordance with the parties' settlement agreement. We approve the parties' stipulation. ' . . . we remand this matter to the district court pursuant to its certification, and we dismiss this appeal.' The parties shall bear their own costs and attorney's fees. NRAP 42(b). fn1[We deny as moot respondent's May 11, 2000 countermotion to dismiss this appeal for lack of jurisdiction and request for sanctions.] SNP01A-CY/ML/NB 01-11447
07/09/2001Case Status Update Case Closed. No remittitur issued.