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United States Court Cases

Nevada Supreme/Appellate Court Record

TRYLONE LIMITED LIABILITY VS. ACUMEN CORP. C/W 31316

Case Information: 31159
Short Caption:TRYLONE LIMITED LIABILITY VS. ACUMEN CORP. C/W 31316Court:Supreme Court
Consolidated:31159*, 31316 Related Case(s): 31316
Lower Court Case(s):Clark Co. - Eighth Judicial District - A352491Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/23/1998 / White, EarleSP Status:Completed
Oral Argument:05/08/2000 at 11:30 AMOral Argument Location:Las Vegas Office
Submission Date:05/08/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/06/1997Filing FeeReceived Filing Fee Paid on Filing. Received filing fee of $200 (Richard McKnight - Check No. 014195).
10/06/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.
10/09/1997Filing FeeReceived Filing Fee Paid on Filing. Received filing fee of $200 (USPS Money Order #67289346641).
10/09/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal.
10/17/1997Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: May 19, 20, 21, 1997. To Court Reporter: Mary Beth Cook and Margie Carlson.
10/21/1997Filing FeeReceived Filing Fee Paid on Filing. Received Filing fee of $200 (Henderson Associates - check no. 4109)
10/21/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. for Henderson Associates (docketing statement mailed to counsel for appellant Henderson).
10/22/1997Docketing StatementFiled Docketing Statement. of Trylone Limited and Caruso Limited.
10/22/1997Filing FeeReceived Filing Fee Paid on Filing. Received filing fee of $200 (Beckley, Singleton, Jemison & List Chartered-check no. 63778).
10/22/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Filed certified copy of Notice of Cross-Appeal (docketing statement mailed to counsel for the Acumen Corporation and Donald Zeiter).
10/23/1997Notice/OutgoingIssued Notice of Modification of Caption.
11/03/1997Transcript RequestFiled Request for Transcript of Proceedings. Filed Supplemental Request for Transcript of Proceedings. Court Reporters: Mary Beth Cook and Margie Carlson.
11/03/1997MotionFiled Motion. Filed Motion to Modify Caption.
11/04/1997Docketing StatementFiled Docketing Statement. Filed Docketing Statement of Acumen Corporation and Donald Zeiter.
11/10/1997Notice/IncomingReceived Notice. Notice Re: Payment of Deposit from Court Reporter Margie L. Carlson and Mary Beth Cook.
11/17/1997Docketing StatementReceived Docketing Statement. Received Docketing Statement of Henderson Associates, Consolidated Management, Inc., Eli Applebaum.
11/24/1997MotionFiled Motion. Filed Motion for Enlargement of Time to file Docketing Statement of Henderson Associates.
11/25/1997Order/ProceduralFiled Case Processing Order. Filed Order due to complexity of the issues presented by this appeal, appellant Brett Caruso should be represented by counsel. Appellant Brett Caruso shall have 30 days from the date of this order to retain counsel and enter counsel's appearance with this court. Counsel for appellant Brett Caruso shall have 15 days from the date of appearance to comply with NRAP 9(a), and 120 days to file an opening brief on behalf of Caruso. Briefing shall then proceed in accordance with NRAP 31 (a)(1). Failure to comply with this order may result in the immediate dismissal of his appeal.
12/01/1997Order/Clerk'sFiled Clerk's Order. The motion filed November 21, 1997, is granted. The docketing statement provisionally submitted on November 17, 1997, shall be filed, forthwith.
12/01/1997Docketing StatementFiled Docketing Statement. Filed docketing statement of Henderson Associates, Consolidated Management, Inc., Eli Applebaum.
12/01/1997TranscriptFiled Transcript. Filed certified copy of Reporter's Transcript dated: May 21, 1997. Court Reporter: Mary Beth Cook.
12/02/1997MotionFiled Motion. Amended Motion to Modify Caption.
12/08/1997TranscriptFiled Transcript. Filed certified copy of Reporter's Transcript dated May 19, 1997; May 20, 1997; May 22, 1997, 1997 - 10:11 a.m.; May 22, 1997 - 5:41 p.m. Court Reporter: Margie L. Carlson.
01/09/1998Notice/IncomingFiled Notice. Filed Notice of Appearance.
01/26/1998MotionFiled Motion. Filed Motion for Rule 16 Settlement Conference.
01/28/1998MotionFiled Motion. Filed joinder in Motion for Rule 16 Settlement Conference.
02/02/1998MotionFiled Motion. Filed Motion for Extention of Time to file Trylone's Opening Brief.
03/23/1998Order/ProceduralFiled Case Processing Order. Filed Order we grant to motion of Trylone Limited Liability Company and Mario and Anneliese Caruso that this matter be assigned to an NRAP 16 Settlement Conference. 1[On January 26, 1998, the Acumen Corporation and Donald Zeiter filed a joinder in the motion]. This matter will be assigned to Settlement Judge Donald Campbell for a settlement conference. The clerk shall forthwith issue a notice of settlement conference to the parties and mail the necessary documents to the settlement judge. Briefing will be suspended pending futher order of this court. 2[We derer ruling on the November 3, 1997, and December 2, 1997, motions to modify caption until after a final settlement conference report is filed]. We deny as moot appellant Trylone's motion for an extension of time to file the opening brief. No later than 30 days from the date of the clerk's notice, the settlement judge will schedule this appeal for a settlement conference.
06/17/1998Order/ProceduralFiled Case Processing Order. We vacate that portion of our March 23, 1998, order assigning this matter to Settlement Judge Donald Campbell for a settlement conference. This matter will be assigned to Settlement Judge Earle W. White for an NRAP 16 settlement conference. The Clerk shall issue the appropriate notice to the parties an mail the necessary documents to the settlement judge. No later that 30 days from the date of the Clerk's notice, the settlement judge will schedule this appeal for a settlement conference.
06/23/1998Notice/OutgoingIssued Notice. Notice of Settlement Conference. Settlement Judge: Earle W. White, Jr. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/05/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Filed Settlement Conference Report. Parties were unable to agree to a settlement of this matter.
11/04/1998Order/ProceduralFiled Case Processing Order. Filed Order the parties were unable to agree to a settlement of this appeal. The appellants and cross-appellants shall have 15 days from the date of this order to fully comply with the provisions of NRAP 9(a), if necessary. Appellants shall have 140 days from this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31 (a)(1). We direct the clerk to amend the caption on Docket No. 31159 so that it is consistent with the caption on this order. Docket No. 31316 arises from the same district court case as Docket No. 31159 and appears to be an appeal from an order granting attorney fees. It is therefore ordered that the two cases are now consolidated for all appellate purposes. Bret Caruso is instructed to address the issues raised in both appeals in his opening brief. (Docket sheet and case cards amended in Docket No. 31159) Nos. 31159, 31316.
03/26/1999BriefFiled Brief. Filed Appellant's Opening Brief. (Mailed on: 3/24/99). (Nos. 31159 and 31316).
03/26/1999AppendixFiled Appendix. Filed Appellant's Appendix. (Nos. 31159 and 31316).
04/21/1999MotionFiled Stipulation and Order. Filed Stipulation and Order that Respondent/Cross-Appellant Acumen Corp. shall have to and including May 26, 1999, to file the Answering Brief. (Nos. 31159 & 31316).
04/23/1999BriefFiled Brief. Filed Respondent/Cross-Apellant's (Henderson Associates, Consolidated Management, Inc. and Eli Applebaum) Answering Brief. (Mailed on: 4/21/99) (Nos. 31159 and 31316).
05/14/1999MotionFiled Motion. Filed Motion for Extension of Time to File Trylone's Reply Brief and Mario and Lisa Caruso's Answering Brief in No. 31159. (Nos. 31159, 31316).
05/26/1999MotionFiled Motion. Filed Motion for Extension of Time to File Respondent/Cross-Appellant Acumen Corporation's Answering/Opening Brief. (Nos. 31159 & 31316).
06/04/1999MotionFiled Response to Motion. Filed partial opposition to Motion for Extension of Time to File Acumen's Answering Brief.
06/28/1999MotionFiled Motion. Filed Motion for Order Extending Time to File Appellant's Opening and Answering Brief Nos. 31159, 31316.
07/15/1999MotionFiled Motion. Filed Motion for Order Extending Time to File Appellant's Opending and Answering Brief (Nos. 31159 & 31316).
07/15/1999BriefReceived Brief. Received Respondent/Cross-Apellant Acumen Corporation and Donald Zeiter's Answering Brief and Opening Brief on Cross-Appeal (Nos. 31159 & 31316).
07/15/1999AppendixReceived Appendix. Received Respondent/Cross-Appellant Acumen Corporation and Donald Zeiter's Appendix. (Nos. 31159 & 31316).
07/16/1999Order/Clerk'sFiled Clerk's Order. The Motion filed July 15, 1999, is granted. The answering brief and opening brief on cross-appeal and appendix provisionally submitted on July 15, 1999, shall be filed, forthwith.
07/16/1999BriefFiled Brief. Filed Respontent/Cross-Appellant Acumen Corporation and Donald Zeiter's Answering Brief and opening Brief on Cross-Appeal (Nos. 31159 & 31316).
07/16/1999AppendixFiled Appendix. Filed Respondent/Cross-Appellant Corporation and Donald Zeiter's Appendix (Nos. 31159 & 31316).
08/16/1999BriefFiled Brief. Filed Cross-Respondents Mario ad Lisa Caruso's Answering Brief on Cross-Appeal. (Mailed on: 8/13/99) (Nos. 31159 and 31316).
08/16/1999BriefFiled Brief. Filed Appellant's (Trylone Limited and Bret Caruso) Reply Brief. (Mailed on: 8/13/99) (Nos. 31159 and 31316).
09/17/1999MotionFiled Stipulation. Filed Stipulation for Extension of Time to File Respondent's/Cross-Appellant's Henderson Associates, Consolidated Management, Inc. and Eli Applebaums. Reply Brief on Cross-Appeal. (Nos. 31159 and 31316).
09/28/1999MotionFiled Motion. Filed Motion for Order Extending Time to File Respondent/Cross-Appellant's Reply Brief. (Nos. 31159 and 31316).
09/28/1999MotionFiled Stipulation. Filed Stipulation for Extension of Time to File Respondent/Cross-Appellant Acumen and Donal Zeiter's Reply Brief. (Nos. 31159 and 31316).
09/28/1999Order/ProceduralFiled Case Processing Order. Filed Order on July 16, 1999, Acumen Corporation and Zeiter filed a brief in docket No. 31159. Accordingly, the pending motions for extensions of time filed by Acumen and Zeiter on May 26, 1999, and June 28, 1999, are denied as moot. On August 16, 1999, cross-respondents Caruso filed an answering brief. Accordingly, the pending motion for an extension of time filed on May 14, 1999, is denied as moot. On August 16, 1999, appellants filed a single reply brief. Accordingly, we deny as moot appellant's motion filed May 14, 1999, for leave to file a single reply brief. On September 17, 1999, Henderson, Consolidated and Applebaum filed a stipulation in No. 31159 to extend time to file a reply brief on cross-appeal. However, only Henderson filed a notice of Cross-appeal. We approve the stipulation in part. Henderson shall have utnil October 18, 1999, to filed the reply brief on cross-appeal. Acumen and Zeiter shall have 30 days from the date of this order to file a reply brief in their cross-appeal in No. 31159. Upon filing of this brief, briefing should be completed in these appeals. (Nos. 31159 and 31316).
10/14/1999BriefFiled Brief. Filed Respondents Henderson Associates, Consolidated Management, Inc. and Eli Applebaum's Reply Brief for Cross-Appeal. (Mailed on: No Postmark). (Nos. 31159 and 31316).
11/02/1999BriefFiled Brief. Filled Respndent/Cross-Appellant Acumen Corp. and Donald Zeiter's Reply Brief on Cross-Appeal. (Mailed on: 10/28/99) (Nos. 31159 and 31316).
03/27/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for May 8, 2000 at the hour of 11:30 a.m. for 1/2 hour in Las Vegas.(Nos. 31159 and 31316) (SNP99B-WM/MS/NB) 00-04888
04/24/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-06410
05/08/2000Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP99B-WM/MS/NB Nos. 31159, 31316.
08/10/2000Order/DispositionalFiled Order of Remand. " . . . we hereby order that these appeals be dismissed with the exception of the award of attorney's fees to Acumen . . . we further order that this matter be remanded for further proceedings to determine the appropriate amount of fees expended by Acumen with respect to the actions upon which it prevailed below." SNP99B-WM/MS/NB. Nos. 31159, 31316. 00-13971
08/30/2000Post-Judgment PetitionFiled Petition for Rehearing. Received L.V. drop box 8/28/00 (nos. 31159/31316). 00-15239
08/30/2000Filing FeeReceived Filing Fee Paid on Filing. $100 from Richard McKnight-check no. 20123 (nos. 31159/31316).
11/06/2000Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[We direct the clerk of this court to amend the caption on this court's docket in No. 31316 so that it is consistent with the caption on this order.] SNP99B-WM/MS/NB. Nos. 31159, 31316. 00-19505
11/22/2000RemittiturIssued Remittitur. 00-19628
11/22/2000Case Status Update Remittitur Issued/Case Closed.
12/22/2000RemittiturFiled Remittitur. Received by County Clerk on November 27, 2000. 00-19628