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United States Court Cases

Nevada Supreme/Appellate Court Record

ACE FIRE SYSTEMS VS. DICK CORP.

Case Information: 43273
Short Caption:ACE FIRE SYSTEMS VS. DICK CORP.Court:Supreme Court
Related Case(s): 45309
Lower Court Case(s):Clark Co. - Eighth Judicial District - A456587Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/20/2004 / Hammer, BillSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/19/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/11/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Mead & Pezzillo, LLP--check no. 10624.
05/11/2004Notice 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.) 04-08696
05/20/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Bill C. Hammer. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/20/2004Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Dixon & Truman--check no. 20392. (Additional $50 due.)
05/20/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 04-09384
05/20/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Additional $50 due. Due Date: 10 days
05/20/2004Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
05/21/2004Notice/Outgoing Letter. Bill C. Hammer. (notice of cross-appeal)
05/21/2004Notice/OutgoingIssued Notice of Modification of Caption. (Added National Fire Ins. Co. as a respondent.) Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
05/21/2004Filing FeeReceived Filing Fee Paid on Filing. Additional $50.00 from Dixon & Truman--check no. 20404.
05/24/2004Notice/IncomingFiled Errata. 04-09597
05/26/2004Notice/Outgoing Letter. Bill C. Hammer. (errata)
06/01/2004Letter/IncomingFiled Letter. from Mead & Pezzillo regarding the caption in this matter. 04-09941
06/04/2004Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. Issued Notice to Provide Proof of Service on Settlement Judge. 04-10289
06/07/2004Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 04-10479
06/09/2004Notice/IncomingFiled Proof of Service. of Docketing Statement (Respondent/Cross-Appellant) on Settlement Judge. 04-10684
06/14/2004Notice/IncomingFiled Proof of Service. Receipt of Copy for Docketing Statement. 04-10858
06/22/2004Order/ProceduralFiled Order. The assistant to attorney Becky A. Pintar, counsel for respondents, has filed a letter with the court indicating that respondent National Fire Insurance Company of Hartford, A Foreign Corporation ('National Fire'), should be an appellant in this appeal and cross-appeal. The letter does not provide any authority that permits National Fire to be an appellant in this appeal and cross-appeal. See NRAP 3A(a) (a party to a district court action who is aggrieved by an appealable judgment or order may appeal from such judgment or order); NRAP 3(a) and (c) (an appeal shall be taken by filing a notice of appeal which shall specify the party taking the appeal). We note that the notice of appeal filed in the district court on May 6, 2004, indicated that only Dick Corporation, a Pennsylvania Corporation, was appealing the district court's decision. We additionally note that this court is unaware of any notice of appeal filed by National Fire in the district court. Accordingly, this court will take no action on the letter received from Ms. Pintar's assistant. 04-11314
07/06/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-12281
07/23/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: Jan 7, 8, 9, 13, and Feb. 4, 2004. To Court Reporter: Free Lance Ct. Reporters. 04-13452
07/26/2004Transcript RequestFiled Request for Transcript of Proceedings. Joint Request for Transcript of Proceedings. Transcripts requested: Jan. 7, 8, 9, 13, and Feb. 4, 2004. To Court Reporter: Free Lance Ct. Reporters. 04-13532
08/20/2004MotionFiled Motion. Leave of Court for Motion for Relief from Judgment. 04-15099
08/27/2004MotionFiled Response to Motion. Opposition to Dick Corporation and National Fire Insurance Company of Hartford's Request for Leave of Court for Motion for Relief from Judgment. 04-15553
10/13/2004TranscriptFiled Transcript. Proceedings: January 7, 2004; January 8, 2004; January 9, 2004; January 13, 2004; and February 4, 2004. Court Reporter: 04-18985
02/23/2005Order/ProceduralFiled Order. Reinstating Briefing and Denying Motion. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent Ace Fire Systems ('appellant') shall have 60 days from the date of this order to file and serve the opening brief and appendix. Cross-appellant/respondent Dick Corporation ('cross-appellant') shall have 30 days from service of appellant's opening brief on appeal to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Respondent National Fire Insurance Company of Hartford ('respondent') shall have 30 days from service of appellant's opening brief to file an answering brief. Appellant shall have 30 days from service of cross-appellant's combined brief and respondent's answering brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Cross-appellant shall have 30 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal. In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. Cross-appellant and respondent have filed a motion for 'Leave of Court for Motion for Relief From Judgment.' Appellant has opposed the motion. We deny the motion. This denial is without prejudice to cross-appellant's and respondent's right to pursue a proper Huneycutt certification in the district court and to file a motion for limited remand pursuant to such certification. 05-03653
04/20/2005BriefFiled Opening Brief. Appellant/Cross-Respondent. 05-07644
04/20/2005AppendixFiled Appendix to Opening Brief. 05-07645
04/20/2005Other Other. Filed Initial Designation of Appendix Contents and Statement of Issues. 05-07688
05/17/2005MotionFiled Motion and Order Extending Time. Respondents/Cross-Appellants' Answering Brief due: June 6, 2005. 05-09549
06/07/2005BriefFiled Answering Brief. 05-11136
06/07/2005AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 05-11137
06/13/2005Notice/IncomingFiled Proof of Service. - Receipt of Copy (Respondent/Cross-Appellant's Answering Brief). 05-11607
06/29/2005MotionFiled Motion to Consolidate. Respondents and Cross-Appellants' Motion to Consolidate Appeals. Nos. 43273/45309. 05-12921
07/08/2005BriefFiled Reply Brief. Appellant's Reply Brief on Appeal and Appellant/Cross-Respondent's Answering Brief on Cross-Appeal. 05-13558
07/11/2005MotionFiled Response to Motion. Opposition to Respondents' and Cross-Appellant's Motion to Consolidate Appeals. Nos. 43273/45309. 05-13660
07/11/2005MotionFiled Motion. Motions to Strike Portions of Cross-Appellant's Opening Brief on Cross-Appeal and for Sanctions. 05-13662
07/25/2005MotionFiled Response to Motion. Respondents and Cross-Appellant's Opposition to Motion to Strike Portions of Cross-Appellants' Opening Brief on Cross-Appeal and for Sanctions. 05-14655
07/25/2005Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Reply to Petitioner's Opposition to Respondents and Cross-Appellans' Motion to Consolidate Appeals. Nos. 43273/45309.
08/11/2005Notice/IncomingFiled Notice. Notice of Change of Firm Name. 05-15885
08/15/2005BriefFiled Reply Brief on Cross-Appeal. 05-16157
10/14/2005Order/ProceduralFiled Order. Order Dismissing Appeal (Docket No. 45309) and Denying Motions to Strike and for Sanctions (Docket No. 43273). We deny Ace Fire Systems' motion to strike and request for sanctions, we agree that since Nat'l Fire Ins. did not appeal, arguments on its behalf are not proper, and thus we will disregard them in resolving the merits of this matter. Fn4 [The Honorable Miriam Shearing, Senior Justice, and the Honorable Deborah A. Agosti, Senior Justice, participated in the decision of this matter under a general order of assignment entered on July 14, 2005.] SNP-SR-RP/MS/DA. Nos. 43273/45309 - not consolidated. 05-20310
05/19/2006Order/ProceduralFiled 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. 06-10563
05/19/2006Case Status Update Submitted for Decision. SNP06 -WM/MG/JH.
09/28/2006Order/DispositionalFiled Order of Affirmance. "We affirm the district court's judgment and attorney fees order." SNP06-WM/MG/JH 06-19852
10/23/2006Notice/IncomingFiled Notice. Verified Bill of Costs Pursuant to NRAP 39. 06-21809
12/15/2006Order/ProceduralFiled Order Denying Motion. Denying Appellant/Cross-Respondent's request to Tax Costs and directing the Clerk to issue the Remittitur forthwith. For each of the reasons stated herein, costs shall not be taxed. The Clerk of Court shall issue the remittitur forthwith. 06-25622
12/15/2006RemittiturIssued Remittitur. 06-25704
12/15/2006Case Status Update Remittitur Issued/Case Closed.
01/02/2007RemittiturFiled Remittitur. Received by County Clerk on December 19, 2006. 06-25704