| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 06/10/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Morris Pickering & Sanner--check no. 16360. | | |
| 06/10/2003 | Notice of Appeal Documents | Filed 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.) | | 03-09634
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| 06/13/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Lionel Sawyer & Collins--check no. 027764. | | |
| 06/13/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 03-09859
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| 06/20/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Patrick O. King. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 06/30/2003 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 03-10964
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| 06/30/2003 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 03-10967
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| 07/09/2003 | Notice/Outgoing | Letter. Patrick O. King. (docketing statement of appellant/cross-respondent and respondent/cross-appellant) | | |
| 09/17/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-15552
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| 09/30/2003 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent and respondents/cross-appellants: 15 days to comply with NRAP 9(a). Appellant: 120 days to file and serve opening brief and appendix. Respondents shall have 30 days from service of appellant's opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 30 days from service of respondents' combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents shall have 30 days from service of appellants' combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. | | 03-16284
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| 10/17/2003 | Transcript Request | Filed Certificate of No Transcript Request. Appellant's Certification Regarding Transcript. | | 03-17312
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| 11/03/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Appellant's Supplemental Request for Transcript of Proceedings. Transcripts requested: 01/16/03. To Court Reporter: Cindy Brown. | | 03-18242
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| 11/18/2003 | Transcript | Filed Transcript. Proceedings: January 16, 2003. Court Reporter: Cindy Lee Brown. | | 03-19184
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| 01/30/2004 | Appendix | Filed Joint Appendix. Vols. 1 through 33. | | 04-01960
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| 02/02/2004 | Brief | Filed Opening Brief. | | 04-02114
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| 02/26/2004 | Motion | Filed Stipulation and Order. Brief due: March 8, 2004. | | 04-03710
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| 03/08/2004 | Brief | Filed Answering Brief. Respondents' and Cross-Appellants' Answering Brief. | | 04-04422
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| 04/05/2004 | Motion | Filed Stipulation. | | 04-06248
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| 04/07/2004 | Order/Clerk's | Filed Clerk's Order Approving Stipulation. filed April 5, 2004. Appellant/cross-respondent shall have until May 12, 2004, to file and serve its combined reply brief on appeal and answering brief on cross appeal , and respondents/ cross-appellants shall have 60 days from service of appellant's combined brief to file and serve their reply brief on cross-appeal. | | 04-06392
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| 05/12/2004 | Motion | Filed Stipulation. Stipulation Extending Time to file Appellant's Reply Brief/Answering Brief on Cross-Appeal and Respondent's Reply Brief on Cross-Apeal (Second Request). | | 04-08818
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| 05/17/2004 | Order/Procedural | Filed Order Granting Motion. The second stipulation filed on May 12, 2004, is treated and granted as a joint motion for an extension of time. Appellant/cross-respondent shall have 5 days from the date of this order to file and serve its combined brief. Respondents/cross-appellants shall have 60 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal. | | 04-09076
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| 05/24/2004 | Brief | Filed Reply Brief. Appellant/Cross-Respondent. | | 04-09575
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| 06/02/2004 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. | | 04-10133
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| 07/20/2004 | Brief | Filed Reply Brief on Cross-Appeal. | | 04-13193
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| 08/18/2004 | Motion | Filed Motion to Strike. Motion to Strike Steamboat's Reply Brief. | | 04-14930
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| 08/24/2004 | Motion | Filed Stipulation. Stipulation for Extension of Time in Which to Respond to Motion to Strike Reply Brief. | | 04-15315
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| 08/25/2004 | Order/Clerk's | Filed Clerk's Order Approving Stipulation. filed August 24, 2004. Respondents/cross-appellants shall have until September 9, 2004, to file and serve the opposition. | | 04-15347
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| 09/09/2004 | Motion | Filed Response to Motion. Opposition to Motion to Strike Steamboat's Reply Brief. | | 04-16581
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| 09/20/2004 | Motion | Filed Motion. Motion for Order Striking Sierra Power's Reply Brief/Answering Brief on Cross-Appeal. | | 04-17395
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| 09/22/2004 | Motion | Filed Motion. Sierra's Request for Decision on Motion to Strike. | | 04-17556
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| 10/04/2004 | Motion | Filed Response to Motion. Sierra's Opposition to Motion to Strike Reply Brief. | | 04-18355
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| 11/01/2004 | Order/Procedural | Filed Order Denying Motion. to Strike Respondent/Cross-Appellant's Reply Brief on Cross-Appeal and Motion to Strike Appellant/Cross-Respondent's Reply Brief on Appeal/Answering Brief on Cross-Appeal. On August 18, 2004, appellant/cross-respondent Sierra Pacific Power Company filed a motion to strike pages 1-16 from respondent/cross-appellant Steamboat Development Corporation's reply brief on cross-appeal. Steamboat opposes the motion to strike. It appears that portions of Steamboat's reply brief on cross-appeal exceed the scope of NRAP 28(c) by responding to Sierra's reply brief in support of its appeal. To the extent Steamboat suggests that Sierra's reply brief on appeal/answering brief on cross-appeal raised new arguments in support of its appeal in violation of NRAP 28(c), Steamboat should have filed a motion to strike those arguments rather than rebutting them in its reply brief on cross-appeal. To the extent that the parties intended to seek relief from this court for each other's alleged violations of NRAP 28, they should have filed motions requesting that relief rather than including those requests in their briefs. It appears that Sierra's motion to strike may have some merit. This court would have two options in granting the motion. We conclude that it is most efficient at this time to deny the motion to strike Steamboat's reply brief on cross-appeal. However, we remind the parties that in resolving this appeal, this court will disregard any arguments in the reply brief on cross-appeal that are not within the proper scope of such a brief under NRAP 28(c). fn1[Sierra's 'Request for Decision on Motion to Strike' is denied as moot.] On September 20, 2004, Steamboat filed a motion to strike Sierra's reply brief on appeal/answering brief on cross-appeal. Sierra opposes the motion. Sierra requests that this court award attorney fees and costs to Sierra under NRAP 38(b) and NRS 7.085 for Steamboat's 'misuse of the appellate process.' fn2[Sierra also argues that Steamboat's motion is frivolous and intended to delay the proceedings because it reiterates allegations contained in Steamboat's reply brief on cross-appeal. We note that Steamboat properly used the motion process under NRAP 27 to request relief from this court.] We conclude that it is most efficient at this time to deny the motion to strike Sierra's reply brief on appeal/answering brief on cross-appeal. However, we remind the parties that in resolving this appeal, this court will disregard any factual assertions that are not properly supported by references to the record. We also deny Sierra's request for an award of attorney fees and costs as a sanction against Steamboat. | | 04-19980
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| 01/13/2005 | Motion | Filed Motion. Motion for Leave to File Memorandum of Supplemental Authority. | | 05-00839
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| 01/26/2005 | Order/Procedural | Filed Order. filing Supplemental Authority. Respondents/cross-appellants have filed a motion for leave to file a memorandum of supplemental authority. We grant the motion. NRAP 31(d). The clerk shall detach the memorandum from the motion and file it. Appellant/cross-respondent may file a responding supplemental memorandum within 10 days from the date of this order. fn1[We remind counsel that proposed documents should be submitted to the court under separate cover and not attached to a motion.] | | 05-01722
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| 01/26/2005 | Other | Other. Respondents/Cross-Appellants' Memorandum of Supplemental Authority. | | 05-01726
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| 01/26/2005 | Other | Other. Filed Sierra's Brief in Response to Steamboat's Supplemental Authorities. | | 05-01735
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| 02/22/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 12, 2005, at 1:30 p.m. (NNP05-WM/MD/RP) | | |
| 03/28/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 03/31/2005 | Other | Other. Filed Notice of Filing of Supplemental Authorities Pursuant to Nevada Rule of Appellate Procedure 31(d).
04/05/05 ORDER: notice of filing of supplemental authorities filed on March 31, 2005-STRICKEN. | | 05-06365
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| 04/05/2005 | Order/Procedural | Filed Order. Striking Supplemental Authorities. On March 31, 2005, 12 days before oral argument, respondent filed a second memorandum of supplemental authorities. We are not presented with a situation where recent authorities, unavailable at the time of respondent's first memorandum of supplemental authorities, have just come to respondent's attention. We direct the clerk of this court to strike the notice of filing of supplemental authorities filed on March 31, 2005. | | 05-06667
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| 04/12/2005 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP05-WM/MD/RP | | |
| 05/17/2005 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part and Reversing in Part. "We reverse that portion of the district court's order vacating prejudgment interest and affirm the remainder of the order." NNP05-WM/MD/RP | | 05-09640
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| 06/09/2005 | Motion | Filed Motion to Extend Time. Sierra Pacific Power Company's Ex Parte Motion for an Order Enlarging the Time to File Its Petition for Rehearing. | | 05-11409
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| 06/14/2005 | Order/Procedural | Filed Order Granting Motion. filed June 9, 2005. Appellant shall have until June 16, 2005, to file and serve a petition for rehearing. | | 05-11663
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| 06/20/2005 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Morris Pickering & Peterson-check no. 19805. | | |
| 06/20/2005 | Post-Judgment Petition | Filed Petition for Rehearing. Sierra Pacific Power Company's Petition for Rehearing. | | 05-12126
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| 07/08/2005 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). | | 05-13603
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| 07/20/2005 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Sierra Pacific Power Company's Petition for En Banc Reconsideration to Nev. R.APP.P. 40A. | | 05-14405
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| 07/20/2005 | Motion | Filed Motion. The Public Utilities Commission of Nevada's NRAP Rule 29 Motion to Join in Petition for En Banc Reconsideration. The Motion and Joinder are combined in a single document. | | 05-14408
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| 08/01/2005 | Motion | Filed Response to Motion. Opposition to Public Utilities Commission of Nevada's Motion to Join in Petition for En Banc Reconsideration. | | 05-15234
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| 08/02/2005 | Remittitur | Issued Remittitur. | | 05-15321
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| 08/02/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/11/2005 | Order/Procedural | Filed Order. Appellant shall have 5 days from the date of this order to file a supplemental appendix consisting of a complete copy of the Order of the Public Utilities Commission in its Docket No. 93-10089, dated May 5, 1994. On July 20, 2005, appellant filed a petition for en banc reconsideration. On that same date, the Public Utilities Commission of Nevada (PUCN) filed a motion to file an 'amicus joinder' in the petition for en banc reconsideration. fn1[The motion to file a joinder and the joinder are combined in a single document. We remind counsel that documents provisionally submitted should be submitted separately from the motion to file them.] In its combined motion and joinder, PUCN states that it only recently became aware of this court's decision in this appeal. Respondents oppose PUCN's motion. We conclude that PUCN appears to have a unique perspective with respect to the issues in this appeal and that PUCN's joinder would be of assistance to this court. We grant PUCN's motion and we will consider the arguments in PUCN's combined motion and joinder in our resolution of the petition for en banc reconsideration. We further conclude that documents regarding appellant's pertinent rate, schedule or tariff filings with the PUCN, including but not limited to any filed in response to PUCN Docket No. 93-10089, would be helpful to this court's resolution of the pending petition for en banc reconsideration. We direct appellant to file a notice informing this court whether any such documents were presented to the district court and, if they were, to attach such documents to the notice, within 10 days from the date of this order. Respondents may respond within 10 days of service of the notice, if they deem such a response necessary. | | 05-15886
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| 08/12/2005 | Remittitur | Filed Remittitur. Received by District Court Clerk on August 3, 2005. | | 05-15321
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| 08/15/2005 | Appendix | Filed Response to Order to Show Cause. Appellant's Supplemental Appendix on Appeal. (Contains Order of the Public Utilities Commission in its Docket No. 93-10089, dated May 5, 1994.) | | 05-16161
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| 08/26/2005 | Appendix | Filed Appendix. Appellant's Supplemental Appendix Submission. | | 05-16937
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| 09/06/2005 | Other | Other. Respondent's Response to Sierra's Notice of Supplemental Appendix Submission. | | 05-17552
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| 09/08/2005 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC | | 05-17715
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