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United States Court Cases

Nevada Supreme/Appellate Court Record

CHACHAS VS. MILLER

Case Information: 41461
Short Caption:CHACHAS VS. MILLERCourt:Supreme Court
Related Case(s): 44063
Lower Court Case(s):White Pine Co. - Seventh Judicial District - CV0304068Classification:Civil Appeal - General - Other
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/14/2003 at 9:30 AMOral Argument Location:Carson City
Submission Date:11/14/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/23/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from The Greek-Ely's Radio Shack Dealer--check no. 2933.
05/23/2003Notice 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.) 03-08753
05/27/2003Notice/OutgoingIssued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days.
05/30/2003MotionFiled Motion. Motion for Expedited Briefing Scheduled, Application for Preliminary Injunction and Affidavit in Support. 03-09094
06/03/2003Order/ProceduralFiled Order. Denying Motion for Injunction Pending Appeal. This is an appeal from a district court order dismissing George Chachas's suit challenging Ely Mayor Robert B. Miller's qualifications for re-election. The district court has already determined that Miller is qualified, and the application provides no information by which the appeal's merits may be measured. Because Chachas has not demonstrated that an injunction is warranted, we deny his request for one. Although we agree that resolving the question regarding Miller's mayoral qualifications should be resolved as quickly as possible, Mill should have an opportunity to oppose the suggested expedited briefing schedule if he so desires. We defer ruling on the motion to expedite. 03-09233
06/03/2003MotionFiled Response to Motion. Opposition to Motion for Expedited Briefing Schedule and Application for Preliminary Injunction. 03-09247
06/03/2003Docketing StatementFiled Docketing Statement. 03-09267
06/06/2003Docketing StatementFiled Docketing Statement. (This docketing statement is the same as the docketing statement filed on June 3, 2003, except it does not have attachments). 03-09520
06/06/2003Docketing StatementFiled Response to Docketing Statement. Response to Appellant's Docketing Statement Civil Appeals. 03-09522
06/23/2003BriefFiled Opening Brief. 03-10476
06/23/2003AppendixFiled Joint Appendix. Vols. 1 and 2.
06/26/2003Other Other. Received Table of Contents to Opening Brief filed on 06/23/03. (Placed inside front cover of original and copies of brief.)
07/02/2003Order/ProceduralFiled Order Denying Motion. to expedite briefing. Because Chachas has filed the opening brief and joint appendix, the motion is largely moot, and we deny it. However, we agree that Ely and its citizens would benefit from an expedite resolution of this appeal. Accordingly, the briefing deadlines shall not be extended absent extreme circumstances. 03-11084
07/10/2003Order/ProceduralFiled Order. appellant has failed to comply with NRAP 9(a). In the interest of judicial economy, we waiver the requirements of NRAP 9(a), NRAP 10(b), and NRAP 30(c)(1) for appellant's appendix. Unless the parties inform this court otherwise within 10 days from the date of this order, we will consider the May 6, 2003, transcript included in appellant's appendix to be sufficient for this appeal. 03-11569
07/17/2003MotionFiled Motion. Motion for Leave to File Brief of Amicus Curiae Nevada Association of County Clerks and Election Officials and for Extension of Time to File Amicus Brief. 03-12090
07/23/2003MotionFiled Response to Motion. Opposition to Motion for Leave to File Brief of Amicus Curiae Nevada Association of County Clerks and Election Officials and for Extension of Time to File Amicus Brief. 03-12449
07/23/2003BriefFiled Answering Brief. 03-12466
08/12/2003MotionFiled Motion. Motion for Expedited Decision of Appeal. 03-13458
08/12/2003BriefFiled Reply Brief. 03-13459
08/12/2003BriefFiled Amicus Brief. Brief of Amicus Curiae on Behalf of the Secretary of State of the State of Nevada. 03-13477
08/19/2003Order/ProceduralFiled Order Granting Motion. to Expedite filed July 23, 2003. The parties have finished briefing the issues, and Chachas has moved for an expedited decision. We agree that a speedy resolution of this dispute is warranted. We grant the motion and will resolve this appeal as quickly as this court's docket permits. 03-13856
08/20/2003Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the Association's amicus brief that was received on July 17, 2003. Respondent may file an answering brief in response to the Association's and Secretary of State's amici briefs within 15 days from the date of this order. If respondent does not intend to file an answering brief, he shall so inform this court in writing during that same time period. 03-14026
08/20/2003BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada Association of County Clerks and Election Officials. 03-12091
08/25/2003MotionFiled Response to Motion. Opposition to Motion for Expedited Decision of Appeal. 03-14245
09/03/2003BriefFiled Supplemental Brief. Respondent, Robert B. Miller's Answering Brief to Amicus Briefs of the Association and Secretary of State. 03-14782
09/04/2003MotionFiled Motion for Stay. Application for Emergency Stay. 03-14815
09/08/2003Order/IncomingFiled District Court Order. Copy of Order Granting Stay filed in district court on September 8, 2003. 03-15018
09/17/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 14, 2003, at 9:30 a.m. (En Banc)
10/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
11/05/2003Order/IncomingFiled Executive Order. District Judge Michelle Leavitt is appointed to sit in the place of Justice Myron E. Leavitt. 03-18388
11/14/2003Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
12/17/2003Order/ProceduralFiled Order Denying Motion. for Stay as Moot. On September 4, 2003, appellant filed a motion for an emergency stay of the district court's June 26, 2003, Order Granting Motion for Attorney Fees, the August 27, 2003, writ of execution and the September 3, 2003, writ of garnishment entered in District Court Case No. CV0304068. On September 8, 2003, the district court transmitted to this court an order entered that same day staying its June 26, 2003, order as well as the writs of execution and garnishment, pending resolution of this appeal. Accordingly, we deny appellant's September 4, 2003, motion as moot. 03-20983
02/02/2004Order/ProceduralFiled Order. On August 19, 2003, this court entered an order that granted appellant's motion for an expedited decision. On August 25, 2003, respondent filed an opposition to the motion to expedite. We elect to treat respondent's opposition as a motion for reconsideration of the August 19, 2003, order. We note that on August 20, 2003, prior to receipt of respondent's motion for reconsideration, an order was entered that granted the Nevada Association of County Clerks and election Officials motion to file an amicus brief and allowed respondent 15 days to file an answering brief in response to the amici briefs of the Association and the Secretary of State. Accordingly, no good cause appearing, we deny respondent's motion for reconsideration of the August 19, 2003, order granting appellant's motion to expedite. 04-02015
02/11/2004Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." fn1[The Honorable Michelle Leavitt, Judge of the Eighth Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Leavitt, Justice. Nev. Const. Art. 6, sec. 4.] Before the Court En Banc. Author: Rose, J. We concur: Shearing, C.J., Agosti, Becker, Maupin and Gibbons, JJ. and Leavitt, D.J. 120 Nev. Adv. Opn. No. 9. EN BANC. 04-02630
02/23/2004MotionFiled Motion. 04-03376
03/01/2004MotionFiled Response to Motion. Opposition of Respondent to Appellant's Verfied Bill of Costs. 04-03857
03/09/2004MotionFiled Motion. Amended Bill of Costs. 04-04478
03/15/2004Order/ProceduralFiled Order. Deferring Ruling on Bill of Costs. On February 11, 2004, this court entered an authored opinion that 'Reversed and remanded' this appeal to the district court. Appellant has since filed a 'Verified Bill of Costs.' Respondent opposes the 'Verified Bill of Costs.' Appellant has filed a 'Reply to Opposition to Appellant's Verified Bill of Costs and Amended Verified Bill of Costs.' In the amended verified bill of costs, appellant requests the taxing of costs in the amount of $250.00. Appellant represents that 'proof of costs is attached' to the amended verified bill of costs. However, no such 'proof of costs' was attached. See NRAP 39(c). Accordingly, we defer ruling on appellant's request for costs. Appellant shall, within 15 days from the date of this order, file verification with this court for the costs requested. 04-04890
03/18/2004MotionFiled Motion. Amended Verified Bill of Costs with Proof Attached. 04-05123
03/30/2004Order/ProceduralFiled Order. Allowing Costs. On February 11, 2004, this court entered an opinion that reversed and remanded this appeal to the district court. On February 23, 2004, appellant filed a verified bill of costs requesting the taxing of $2,588.98. On March 1, 2004, respondent filed an opposition to the verified bill of costs because the amount exceeded $250.00. On March 9, 2004, appellant submitted a reply to respondent's opposition and an amended verified bill of costs that only requested the taxing of $250.00. Appellant has since filed an 'Amended Verified Bill of Costs with Proof Attached.' Appellant requests the taxing of $250.00. Respondent has not filed an opposition to this most recent bill of costs. Accordingly, cause appearing, we allow costs to appellant in the total amount of $250.00. NRAP 39. 04-05889
04/06/2004RemittiturIssued Remittitur. Memorandum of Costs and Disbursements allowed and taxed in the amount of $250.00. 04-06290
04/06/2004Case Status Update Remittitur Issued/Case Closed.
04/14/2004RemittiturFiled Remittitur. Received by County Clerk on April 8, 2004. 04-06290