First 100, LLC v. Ragan

Nevada Supreme Court

First 100, LLC v. Ragan

DecidedAugust 26, 2016

Docket68342

StatusUnpublished

This text of First 100, LLC v. Ragan (First 100, LLC v. Ragan) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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First 100, LLC v. Ragan, (Neb. 2016).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

FIRST 100, LLC, A NEVADA LIMITED No. 68342 LIABILITY COMPANY; AND 1ST ONE HUNDRED HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY, FILED Appellants, AUG 26 2016 vs. MARNIE RAGAN, AN INDIVIDUAL, Respondent.

ORDER DISMISSING APPEAL This is an appeal from a district court order dismissing appellants' complaint against respondent for lack of personal jurisdiction. Respondent has filed a motion to dismiss on the ground that appellants' assets, including their rights to the instant appeal, have been acquired by a third party and that therefore, appellants have lost standing to pursue this appeal. Appellants oppose the motion, and respondent has filed a reply. Having considered the motion, opposition, and reply, we grant the motion to dismiss. It is undisputed that on May 25, 2016, after appellants filed the notice of appeal, a third party, Omni Financial, LLC acquired all of appellants' assets, including pending litigation and any and all choses in action in a non-judicial foreclosure sale. We have confirmed that judgment creditors may acquire the rights to prosecute litigation in the place and stead of the judgment debtor. See Butwinick v. Hepner, 128 Nev. 718, 721-22, 291 P.3d 119, 121 (2012), citing RMA Ventures California v. SunAmerica Life Ins., 576 F.3d 1070 (10th Cir. 2009) (interpreting Utah law to permit a defendant to execute against the plaintiffs claims for breach of contract and fraud, which were disposed of SUPREME COURT OF NEVADA

(0) 1947A eat(0 on summary judgment in the district court and pending appeal, in satisfaction of' an attorney fees award that was not appealed); Applied Medical Technologies, Inc. v. Eames, 44 P.3d 699 (Utah 2002) (granting a defendant judgment creditor's motion to dismiss an appeal, after the defendant purchased at a constable's sale claims asserted against him by the plaintiff judgment debtor). Appellants have lost standing to pursue this appeal, and we ORDER this appeal DISMISSED.

cc: Hon. Gloria Sturman, District Judge Lansford W. Levitt, Settlement Judge Maier Gutierrez Ayon, PLLC Laxalt & Nomura, Ltd./Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 19474 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

FIRST 100, LLC, A NEVADA LIMITED No. 68342 LIABILITY COMPANY; AND 1ST ONE HUNDRED HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY, FILED Appellants, AUG 26 2016 vs. MARNIE RAGAN, AN INDIVIDUAL, Respondent.

ORDER DISMISSING APPEAL This is an appeal from a district court order dismissing appellants' complaint against respondent for lack of personal jurisdiction. Respondent has filed a motion to dismiss on the ground that appellants' assets, including their rights to the instant appeal, have been acquired by a third party and that therefore, appellants have lost standing to pursue this appeal. Appellants oppose the motion, and respondent has filed a reply. Having considered the motion, opposition, and reply, we grant the motion to dismiss. It is undisputed that on May 25, 2016, after appellants filed the notice of appeal, a third party, Omni Financial, LLC acquired all of appellants' assets, including pending litigation and any and all choses in action in a non-judicial foreclosure sale. We have confirmed that judgment creditors may acquire the rights to prosecute litigation in the place and stead of the judgment debtor. See Butwinick v. Hepner, 128 Nev. 718, 721-22, 291 P.3d 119, 121 (2012), citing RMA Ventures California v. SunAmerica Life Ins., 576 F.3d 1070 (10th Cir. 2009) (interpreting Utah law to permit a defendant to execute against the plaintiffs claims for breach of contract and fraud, which were disposed of SUPREME COURT OF NEVADA

(0) 1947A eat(0 on summary judgment in the district court and pending appeal, in satisfaction of' an attorney fees award that was not appealed); Applied Medical Technologies, Inc. v. Eames, 44 P.3d 699 (Utah 2002) (granting a defendant judgment creditor's motion to dismiss an appeal, after the defendant purchased at a constable's sale claims asserted against him by the plaintiff judgment debtor). Appellants have lost standing to pursue this appeal, and we ORDER this appeal DISMISSED.

cc: Hon. Gloria Sturman, District Judge Lansford W. Levitt, Settlement Judge Maier Gutierrez Ayon, PLLC Laxalt & Nomura, Ltd./Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 19474 2

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