Your recipients will receive an email with this envelope shortly and will be able to access it on trellis. You can always see your envelopes by clicking the Inbox on the top right hand corner.
Michael Foland, Plaintiff(s) vs. Shawna Meyer, Defendant(s)
An Other Contract case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Clark County, NV. Judge Bare, Rob presiding.
Case Details
Case Number
Filing Date
September 11, 2017
Last Refreshed
November 21, 2020
Filing Location
Clark County, NV
Judge
Hon. Bare, Rob
Category
Other Contract
Practice Area
Commercial
Matter Type
Breach of Contract
Case Outcome Type
Order of Dismissal With Prejudice
Status
Dismissal
Parties
Plaintiffs
Foland, Michael
Attorneys for Plaintiffs
Chris T. Rasmussen
Defendants
Meyer, Shawna
Attorneys for Defendants
Sagar R. Raich
Case Events
| Date | Type | Description | |
|---|---|---|---|
| March 16, 2020 | Docket Event |
Jury Trial Vacated - per Secretary Judge: Bare, Rob |
|
| February 27, 2020 | Docket Event |
Pretrial/Calendar Call Vacated - per Secretary Judge: Bare, Rob |
|
| February 27, 2020 | Docket Event | Notice of Entry of Order for Dismissal with Prejudice | |
| February 27, 2020 | Docket Event | Stipulation and Order for Dismissal with Prejudice | |
| January 17, 2020 | Docket Event |
Settlement Conference Sr. Judge. Joe Bonaventure presiding. Settlement conference held. Sr. Judge Bonaventure advised case settled. Further, the signed settlement agreement and sign in sheet will be left side filed. Judge: Bonaventure, Joseph T. |
|
| December 10, 2019 | Docket Event | Notice of Scheduling Settlement Conference | |
| October 14, 2019 | Docket Event |
Bench Trial Vacated - per Secretary Judge: Bare, Rob |
|
| September 26, 2019 | Docket Event |
Order Setting Civil Non-Jury Trial and Calendar Call Order Setting Civil Jury Trial Pre Trial Calendar Call |
|
| September 26, 2019 | Docket Event |
Pretrial/Calendar Call Vacated - per Secretary Judge: Bare, Rob |
|
| September 20, 2019 | Docket Event |
Findings of Fact, Conclusions of Law and Judgment Findings of Fact and Order Denying Defendant-Counter Claimant's Motion for Summary Judgment and Motion to Strike |
|
| September 18, 2019 | Docket Event |
Settlement Conference Vacated |
|
| September 09, 2019 | Docket Event |
Bench Trial Vacated - per Judge Judge: Bare, Rob |
|
| August 16, 2019 | Docket Event |
Minute Order This matter came before this Court on August 13, 2019, for Defendant Shawna Meyer s Motion for Summary Judgment as to Plaintiff s Complaint and Defendant Shawna Meyers Motion to Strike. After hearing oral argument, the Court took the matter under advisement. After carefully considering the arguments and evidence submitted, the Court issued its Decision this 16th day of August, 2019. COURT ORDERED Defendant Shawna Meyer s Motion for Summary Judgment as to Plaintiff s Complaint is DENIED. COURT ORDERED Defendant Shawna Meyer s Motion to Strike is DENIED. NRCP 56(c) provides, in pertinent part, The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, admissions, and affidavits, if any, that are properly before the court demonstrate that no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law. Wood v. Safeway, Inc., 121 Nev. 724, 731 (2005). A factual dispute is genuine, and therefore summary judgment is inappropriate, when the evidence is such that a rational trier of fact could return a verdict for the nonmoving party. Id. All pleadings and proof must be construed in a light most favorable to the non-moving party, however, the non-moving party must do more than simply show that there is some metaphysical doubt as to the operative facts in order to avoid summary judgment being entered in the moving party's favor. The nonmoving party must, by affidavit or otherwise, set forth specific facts demonstrating the existence of a genuine issue for trial or have summary judgment entered against him. The nonmoving party is not entitled to build a case on the gossamer threads of whimsy, speculation, and conjecture. Id. (quoting Pegasus v. Reno Newspapers, Inc., 118 Nev. 706, 713-14 (2002)). NRCP 12 (f) provides in pertinent part, Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. This Court hereby finds that there are material issues of genuine fact as to whether Defendant ceased paying Plaintiff his share of the Hot Shotz Photography company profits, whether Plaintiff asked for loans from Defendant or made financial draws, and whether Defendant absconded with Plaintiff s entire business by changing bank accounts, taking the company s equipment and moving the company s operations to the parking lot of Bally s, and such findings preclude summary judgment. This Court also hereby finds that it is too early at this stage of litigation to determine which facts would tend to be relevant, let alone whether any of Plaintiff s allegations with respect to strippers, boyfriends, and relationships are insufficient defenses, redundant, immaterial, impertinent, or scandalous such as to warrant being stricken from the record. Counsel for Plaintiff is directed to submit a proposed Order consistent with this Minute Order, the submitted briefing, and oral argument. Counsel may add language to or further supplement the proposed Order in accordance with the Court s findings and any submitted arguments. Counsel is directed to have the proposed Order submitted to chambers within 10 days. Judge: Bare, Rob |
|
| August 15, 2019 | Docket Event |
Order Setting Civil Non-Jury Trial and Calendar Call Order Setting Civil Non-Jury Trial, Pre-Trial / Calendar Call |
|
| August 15, 2019 | Docket Event |
Pretrial/Calendar Call Vacated - per Judge Judge: Bare, Rob |
|
| August 13, 2019 | Docket Event |
Motion for Summary Judgment Defendant/Counter-Claimant's Motion for Summary Judgment as to All Claims Argument that Plaintiff and Defendant entered into a business agreement; Defendant provided the investment and received 51% of the company; then the Defendant absconded with the operation and started a new company. Plaintiff argued for 49% of the profit he was entitled to. COURT ORDERED, matter UNDER ADVISEMENT and will issue a written order from Chambers. Judge: Bare, Rob |
|
| August 13, 2019 | Docket Event | Notice of Scheduling Settlement Conference | |
| August 08, 2019 | Docket Event |
Reply in Support Defendant/Counter-Claimant's Reply in Support of Motion for Summary Judgment as to All Claims |
|
| July 18, 2019 | Docket Event |
Opposition to Motion For Summary Judgment Michael Foland's Opposition to Defendant's Motion For Summary Judgment |
|
| July 10, 2019 | Docket Event |
Clerk's Notice of Hearing Notice of Hearing |
|
| July 10, 2019 | Docket Event |
Motion for Summary Judgment Defendant's Motion for Summary Judgment |
|
| July 10, 2019 | Docket Event |
Exhibits Defendant's Exhibits in Support of her Motion for Summary Judgment |
|
| April 11, 2019 | Docket Event | Order Rescheduling Calendar Call | |
| July 26, 2018 | Docket Event |
Order Setting Civil Non-Jury Trial and Calendar Call Order Setting Civil Non Jury Trial, Pre Trial/ Calendar Call |
|
| July 16, 2018 | Docket Event | Scheduling Order | |
| June 14, 2018 | Docket Event | Joint Case Conference Report | |
| March 09, 2018 | Docket Event |
Reply to Counterclaim Reply to Defendant's Counter Claim |
|
| March 06, 2018 | Docket Event | Initial Appearance Fee Disclosure | |
| March 06, 2018 | Docket Event | Answer and Counterclaims | |
| February 20, 2018 | Docket Event | Affidavit of Service | |
| February 20, 2018 | Docket Event | Summons | |
| September 11, 2017 | Docket Event | Complaint | |
| September 11, 2017 | Docket Event | Initial Appearance Fee Disclosure |
