Mei-Gsr Holdings, Llc v. Thomas

IN THE SUPREME COURT OF THE STATE OF NEVADA

MEI-GSR HOLDINGS, LLC, A NEVADA No. 84143 LIMITED LIABILITY COMPANY;

GRAND SIERRA RESORT UNIT

OWNERS ASSOCIATION, A NEVADA

NON-PROFIT CORPORATION; GAGE

VILLAGE COMMERICAL

DEVELOPMENT, LLC, A NEVADA

LIMITED LIABILITY COMPANY; AND

AM-GSR HOLDINGS, LLC, A NEVADA FILED LIMITED LIABILITY COMPANY,

Appellants, APR 1 8 2822 vs. ELIZABETH A. BROWN CLERK ÇF SI "PREME COURT ALBERT THOMAS, INDIVIDUALLY; BY

DEPUTY CLERK JANE DUNLAP, INDIVIDUALLY;

JOHN DUNLAP, INDIVIDUALLY;

BARRY HAY, INDIVIDUALLY; MARIE-

ANNE ALEXANDER, AS TRUSTEE OF

THE MARIE-ANNE ALEXANDER

LIVING TRUST; MELISSA

VAGUJHELYI; GEORGE

VAGUJHELYI, AS TRUSTEES OF THE

GEORGE VAGUJHELYI AND MELISSA

VAGUJHELYI 2001 FAMILY TRUST

AGREEMENT U/T/A APRIL 13, 2001;

D'ARCY NUNN, INDIVIDUALLY;

HENRY NUNN, INDIVIDUALLY;

MADELYN VAN DER BOKKE,

INDIVIDUALLY; LEE VAN DER

BOKKE, INDIVIDUALLY; DONALD

SCHREIFELS, INDIVIDUALLY;

ROBERT R. PEDERSON,

INDIVIDUALLY AND AS TRUSTEE OF

THE PEDERSON 1990 TRUST; LOU

ANN PEDERSON, INDIVIDUALLY

AND AS TRUSTEE OF THE

PEDERSON 1990 TRUST; LORI

ORDOVER, INDIVIDUALLY; WILLIAM

SUPREME COURT

OF

A. HENDERSON, INDIVIDUALLY;

NEVADA (0) I947A CHRISTINE E. HENDERSON,

INDIVIDUALLY; LOREN D. PARKER,

INDIVIDUALLY; SUZANNE C.

PARKER, INDIVIDUALLY; MICHAEL

IZADY, INDIVIDUALLY; STEVEN

TAKAKI, AS TRUSTEE OF THE

STEVEN W. TAKAKI & FRANCES S.

LEE REVOCABLE TRUSTEE

AGREEMENT, UTD JANUARY 11,

2000; FARAD TORABKHAN,

INDIVIDUALLY; SAHAR TAVAKOL,

INDIVIDUALLY; M&Y HOLDINGS,

LLC; JL&YL HOLDINGS, LLC; SANDI

RAINES, INDIVIDUALLY; R.

RAGHURAM, AS TRUSTEE OF THE

RAJ AND USHA RAGHURAM LIVING

TRUST DATED APRIL 25, 2001; USHA

RAGHURAM, AS TRUSTEE OF THE

RAJ AND USHA RAGHURAM LIVING

TRUST DATED APRIL 25, 2001; LORI

K. TOKUTOMI, INDIVIDUALLY;

GARRET TOM, AS TRUSTEE OF THE

GARRET AND ANITA TOM TRUST,

DATED 5/14/2006; ANITA TOM, AS

TRUSTEE OF THE GARRET AND

ANITA TOM TRUST, DATED 5/14/2006;

RAMON FADRILAN, INDIVIDUALLY;

FAYE FADRILAN, INDIVIDUALLY;

PETER K. LEE; MONICA L. LEE, AS

TRUSTEES OF THE LEE FAMILY 2002

REVOCABLE TRUST; DOMINIC YIN,

INDIVIDUALLY; ELIAS SHAMIEH,

INDIVIDUALLY; JEFFREY QUINN,

INDIVIDUALLY; BARBARA ROSE

QUINN, INDIVIDUALLY; KENNETH

RICHE, INDIVIDUALLY; MAXINE

RICHE, INDWIDUALLY; NORMAN

CHANDLER, INDIVIDUALLY;

BENTON WAN, INDIVIDUALLY;

TIMOTHY D. KAPLAN, &MIME COURT

OF

INDIVIDUALLY; SILKSCAPE INC.;

NEVADA

(0) I947A PETER CHENG, INDIVIDUALLY;

ELISA CHENG, INDIVIDUALLY; GREG

A. CAMERON, INDIVIDUALLY; TMI

PROPERTY GROUP, LLC; RICHARD

LUTZ, INDIVIDUALLY; SANDRA

LUTZ, INDIVIDUALLY; MARY A.

KOSSICK, INDIVIDUALLY; MELVIN

H. CHEAH, INDIVIDUALLY; DI SHEN,

INDIVIDUALLY; NADINE'S REAL

ESTATE INVESTMENTS, LLC; AJIT

GUPTA, INDIVIDUALLY; SEEMA

GUPTA, INDIVIDUALLY; FREDRICK

FISH, INDIVIDUALLY; LISA FISH,

INDIVIDUALLY; ROBERT A.

WILLIAMS, INDIWDUALLY;

JACQUELIN PHAM, AS MANAGER OF

CONDOTEL 1906, LLC; MAY ANNE

HOM, AS TRUSTEE OF THE MAY

ANNE HOM TRUST; MICHAEL

HURLEY, INDIVIDUALLY; DUANE

WINDHORST, TRUSTEE OF DUANE

WINDHORST TRUST U/A DTD.

01/15/2003 AND MARILYN

WINDHORST TRUST U/A DTD.

01/015/2003; MARILYN WINDHORST,

AS TRUSTEE OF DUANE

WINDHORST TRUST U/A DTD.

01/15/2003 AND MARILYN L.

WINDHORST TRUST U/A

DTD.01/15/2003; VINOD BHAN,

INDIVIDUALLY; ANNE BHAN,

INDIVIDUALLY; GUY P. BROWNE,

INDIVIDUALLY; GARTH A.

WILLIAMS, INDIVIDUALLY; PAMELA

Y. ARATANI, INDIVIDUALLY;

DARLEEN LINDGREN,

INDIVIDUALLY; LAVERNE ROBERTS,

INDIVIDUALLY; DOUG MECHAM,

INDIVIDUALLY; CHRISINE MECHAM,

INDIVIDUALLY; KWANG SOON SON,

Sumatra Caw INDIVIDUALLY; SOO YEU MOON,

OF

NEVADA (0) 190A .9.115 INDIVIDUALLY; JOHNSON

AKINDODUNSE, INDIVIDUALLY;

IRENE WEISS, AS TRUSTEE OF THE

WEISS FAMILY TRUST; PRAVESH

CHOPRA, INDIVIDUALLY; TERRY

POPE, INDIVIDUALLY; NANCY POPE,

INDWIDUALLY; JAMES TAYLOR,

INDIVIDUALLY; RYAN TAYLOR,

INDIVIDUALLY; KI NAM CHOI,

INDIVIDUALLY; YOUNG JA CHOI,

INDIVIDUALLY; SANG DAE SOHN,

INDIVIDUALLY; KUK HYUN (CONNIE) YOO, INDIVIDUALLY;

SANG SOON (MIKE) YOO,

INDIVIDUALLY; BRETT MENMUIR,

AS MANAGER OF CARRERA

PROPERTIES, LLC; WILLIAM MINER,

JR., INDIVIDUALLY; CHANH

TRUONG, INDIVIDUALLY;

ELIZABETH ANDERS MECUA,

INDIVIDUALLY; SHEPHERD

MOUNTAIN, LLC; ROBERT

BRUNNER, INDIVIDUALLY; AMY

BRUNNER, INDIVIDUALLY; JEFF

RIOPELLE, AS TRUSTEE OF THE

RIOPELLE FAMILY TRUST; PATRICIA

M. MOLL, INDIVIDUALLY; AND

DANIEL MOLL, INDIVIDUALLY,

Respondents.

ORDER DISMISSING APPEAL This is an appeal from a series of orders granting motions for instructions to the appointed receiver and various interlocutory orders. Second Judicial District Court, Washoe County; Nancy M. Saitta, Judge. Because it appeared that the notice of appeal was prematurely filed, after the timely filing of tolling motions and before the resolution of those motions, this court entered an order directing appellants to show SUPREME COURT oF

NEVADA

(0) 1947A Rte.) cause why the appeal should not be dismissed for lack of jurisdiction. Appellants have filed a motion for an extension of time of 60 days to respond to the order to show cause. Appellants concede the notice of appeal was prematurely filed for the reasons this court observed but ask this court for the extension to permit the district court to consider its jurisdiction over the pending motions and to revolve those motions. The motion is denied. The rules of appellate procedure do not anticipate that parties should file a premature notice of appeal or that a premature notice of appeal should linger indefinitely on this court's docket while the parties and the district court continue to resolve outstanding motions. NRAP 4(a)(6). This court lacks jurisdiction. Appellants may file an appeal from a final appealable order. This court

ORDERS this appeal DISMISSED.

, J. Hardesty

J. Stiglich

Herndon cc: Chief Judge, The Second Judicial District Court Hon. Nancy M. Saitta, Senior Justice

Lewis Roca Rothgerber Christie LLP/Las Vegas Meruelo Group LLC

Robertson, Johnson, Miller & Williamson Lemons, Grundy & Eisenberg

SUPREME COURT Washoe District Court Clerk

OF

NEVADA

4.0) 1947A 410.