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United States Court Cases

Nevada Supreme/Appellate Court Record

SEINO VS. EMPLOYERS INS. CO. OF NEV.

Case Information: 41521
Short Caption:SEINO VS. EMPLOYERS INS. CO. OF NEV.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A436904Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:04/19/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/05/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton--check no. 097318.
06/05/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 03-09416
06/16/2003Notice/OutgoingIssued Notice to Transmit Required Document. d.c. minutes. Due Date: 10 days
06/23/2003Docketing StatementFiled Docketing Statement. 03-10511
06/23/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 05/31/01. To Court Reporter: Appeals Divison-Dept. Of Administration. 03-10512
07/16/2003Other Returned Mail. Receipt for Documents dated 06/05/03 addressed to Today Printing, Inc. returned as Unclaimed. No forwarding address.
07/17/2003Other Returned Mail. Notice issued 06/16/03 addressed to Today Printing, Inc. returned as Unclaimed. No forwarding address.
08/19/2003Order/ProceduralFiled Order/Show Cause. Response due from appellants: 30 days. The preparation of transcripts and the briefing schedule in this appeal 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. 03-13785
09/22/2003MotionFiled Response to Order to Show Cause. 03-15846
12/09/2003Order/ProceduralFiled Order. On September 22, 2003, appellant Sandra Seino filed a response to the show cause order of August 19, 2003. Although not currently designated in the caption, Employers Insurance Company of Nevada is a likely respondent in this appeal. Because our show cause order did not direct that EICN's counsel be served with a copy of the order, we direct the clerk of this court to serve a copy of the August 19, 2003 Order to Show Cause on EICN's counsel, Beckett & Yott, Ltd. Beckett & Yott may file any reply to Sandra Seino's response to the show cause order within 13 days from the date of this order. 03-20441
12/22/2003Other Other. Filed Employers Insurance Company of Nevada, a Mutual Company's Reply to Sandra Seino's Response to Show Cause Order. 03-21265
03/05/2004Order/ProceduralFiled Order/Briefing Reinstated. Appellant filed a response to our show cause order on September 22, 2003, in which she conceded that the notice of appeal and case appeal statement were mistakenly filed under the caption and case number of a related, but unconsolidated, case involving some of the same parties. We conclude that the defects in the original notice do not warrant a dismissal for lack o f jurisdiction. Accordingly, we conclude that this appeal may proceed, and we reinstate the briefing schedule and the transcript preparation. Appellant shall have 80 days from the date of this order to file the opening brief (and appendix). We grant appellant's motion to amend the caption, and we direct the clerk of this court to amend the caption on this court's docket to conform to the caption on this order. Thereafter, briefing shall proceed pursuant to NRAP 31(a)(1). 04-04213
03/19/2004Other Returned Mail. Order filed 03/05/04 addressed to Today Printing remailed to corrected address.
03/30/2004Other Returned Mail. Order filed 03/05/04 addressed to Today Printing returned a second time. No forwarding address.
05/26/2004BriefFiled Opening Brief. 04-09696
05/26/2004AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 04-09697
06/17/2004BriefFiled Answering Brief. 04-11087
07/07/2004Order/ProceduralFiled Order. This is an appeal from a district court order denying appellant's petition for judicial review in a workers' compensation case. The appeal was docketed in this court on June 5, 2003. However, because appellant mistakenly filed the notice of appeal and case appeal statement under the caption and case number of a different case, it appears that the district court failed to transmit the proper NRAP 3(e) documents. Accordingly, the clerk of the district court shall, within 30 days from the date of this order, transmit to the clerk of this court the NRAP 3(e) documents for District Court Case No. A436904. On June 23, 2003, appellant filed a transcript request form requesting the production of a transcript for proceedings conducted on May 31, 2001, before Appeals Officer Geraldine H. Schwartzer of the Appeals Division, Department of Administration, State of Nevada. We note, however, that this court can only consider this requested transcript if it was considered by the district court. If the district court did consider the May 31, 2001, transcript in making its decision, than appellant should not have requested the transcript but should have included a copy of it in her appendix. A cursory review of the appendix indicates that it does not appear to include a copy of the requested transcript. Moreover, appellant's opening brief does not appear to cite to proceedings conducted on May 31, 2001. Accordingly, we conclude that appellant's transcript request form was improper and this court will take no further action upon it. The Appeals Division of the Department of Administration shall not file with this court a certified copy of the transcript for proceedings conducted on May 31, 2001. Fn1 [On May 26, 2994, appellant filed her opening brief and appendix.] 04-12429
07/16/2004Other Returned Mail. Order filed 07/07/04 addressed to Stephanie Zolkowski (Court Reporter) remailed to corrected address.
07/20/2004MotionFiled Motion and Order Extending Time. Brief due: August 13, 2004. 04-13198
08/16/2004BriefFiled Reply Brief. 04-14783
04/19/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. 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. NRAP 34(f)(1). 05-07600
04/19/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH
05/26/2005Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before Rose, Gibbons and Hardesty, JJ. Author: Per Curiam. 121 Nev. Adv. Opn. No. 17. SNP05 05-10339
06/21/2005RemittiturIssued Remittitur. 05-10784
06/21/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by County Clerk on June 24, 2005. 05-10784