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United States Court Cases

Nevada Supreme/Appellate Court Record

KANTOR VS. LYBARGER

Case Information: 45150
Short Caption:KANTOR VS. LYBARGERCourt:Supreme Court
Related Case(s): 37753
Lower Court Case(s):Clark Co. - Eighth Judicial District - A415902Classification:Civil Appeal - General - Other
Disqualifications:CherryCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/05/2005 / Berkson, LesterSP Status:Completed
Oral Argument:10/11/2006 at 9:30 AMOral Argument Location:William S. Boyd School of Law - UNLV
Submission Date:10/11/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/29/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Office of Jeffrey a. Cogan, Chartered--check no. 5632.
04/29/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 05-08453
05/05/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/16/2005Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 05-09469
05/23/2005Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlement Judge. 05-10102
06/17/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-11979
06/20/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 02/05/01. To Court Reporter: Janie Olsen. 05-12064
06/28/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Court reporter Janie Olsen shall have 30 days from the date of this order to prepare and file the transcript requested by appellants pursuant to the transcript request filed on July 20, 2004. fn1[A copy of the transcript request form is attached to this order.] In the event the transcripts requested by appellants were filed in the district court prior to the docketing of this appeal, the court reporter need not comply with NRAP 9(b). Rather, the court reporter shall inform this court in writing that the transcripts requested by appellants were previously filed in the district court. Appellants shall include copies of any previously filed transcripts in the appendix to the opening brief. Appellant: 60 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-12844
06/30/2005Notice/IncomingFiled Notice. Re: Notice of No Transcript of Proceedings. 05-13022
07/28/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 05-15021
07/29/2005Docketing StatementFiled Docketing Statement. Amended Docketing Statement. 05-15086
08/02/2005TranscriptFiled Transcript. Proceedings: 2/5/01. Court Reporter: Dina Dalton. 05-15319
09/06/2005Notice/OutgoingIssued Notice to File Opening Brief and Appendix.
09/08/2005BriefFiled Opening Brief. 05-17738
09/08/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 5. 05-17739
09/08/2005Order/ProceduralFiled Order. Regarding Transcript. On June 20, 2005, appellant filed a transcript request form. On June 30, 2005, appellant filed a "Notice of No Transcript of Proceedings." On August 2, 2005, court reporter Dina Dalton file the transcript for proceedings conducted on February 5, 2001. This court will take no further action on the notice filed by appellant. 05-17765
09/20/2005Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. 05-18629
10/11/2005MotionFiled Response to Order to Show Cause. 05-20013
10/25/2005Order/ProceduralFiled Order/Briefing Reinstated. We conclude that this appeal may proceed and we reinstate the briefing schedule. Answering brief due: 30 days. 05-21099
11/17/2005MotionFiled Motion and Order Extending Time. Brief due: December 27, 2005. 05-22690
12/27/2005MotionFiled Motion to Extend Time. 05-25178
01/03/2006Order/ProceduralFiled Order Granting Motion. Answering brief due: February 13, 2006. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 06-00073
01/06/2006MotionFiled Motion for Stay. Motion for Stay of Proceedings and Order to Supplement Appellant's Appendix; in the Alternative Motion to Remand to District Court to Settle the Record. 06-00339
01/17/2006MotionFiled Response to Motion. Appellant's Opposition to Bunin's Motion for Stay of Proceedings and Order to Supplement Appellant's Appendix; in the Alternative Motion to Remand to District Court to Settle the Record. 06-01108
02/13/2006Notice/IncomingFiled Notice. Withdrawal of Respondents' Motion for Stay of Proceedings and Order to Supplement Appellant's Appendix; in the Alternative Motion to Remand to District Court to Settle the Record. 06-03110
02/13/2006MotionFiled Motion and Order/Excess Pages. Granted: 46 pages. 06-03112
02/13/2006BriefFiled Answering Brief. 06-03113
02/13/2006AppendixFiled Appendix to Answering Brief. 06-03114
02/21/2006Order/ProceduralFiled Order/Motion Granted in Part. Order to file Supplemental Appendix. Supplemental appendix from appellant due: 15 days. If appellant is unable to provide this court with a complete copy of the motion, appellant shall so inform this court within the same time period. We further deny respondents' motion insofar as it requests this court to stay the briefing. We conclude that imposing sanctions and awarding attorneys fees is not warranted under the circumstances that have been presented here. 06-03719
02/22/2006Order/ProceduralFiled Order. Respondents have now filed a "Withdrawal" of their previous motion. Our previous direction stands: appellant shall have 15 days to file a supplemental appendix. 06-03864
03/08/2006AppendixFiled Appendix. Appellant's Supplemental Appendix. Vols. 1 through 3. (In response to order filed 02/22/06). 06-05145
03/15/2006BriefFiled Reply Brief. 06-05621
08/29/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 11, 2006, at 9:30 a.m. (SNP07M-MG/WM/MD)
09/26/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
10/11/2006Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP07-MG/MD/RP
11/28/2006OtherDisqualification of Justice Cherry. Sat in district court proceedings.
11/29/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP07M-MG/MD/RP 06-24391
12/26/2006RemittiturIssued Remittitur. 06-25998
12/26/2006Case Status Update Remittitur Issued/Case Closed.
01/04/2007RemittiturFiled Remittitur. Received by County Clerk on December 29, 2006. 06-25998