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United States Court Cases

Nevada Supreme/Appellate Court Record

WELLS VS. CHARLES

Case Information: 43036
Short Caption:WELLS VS. CHARLESCourt:Supreme Court
Related Case(s): 42376
Lower Court Case(s):Clark Co. - Eighth Judicial District - A377547
Clark Co. - Eighth Judicial District - A387930
Classification:Civil Appeal - General - Other
Disqualifications:Douglas, GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Justice Hardesty for Justice DouglasPanel Assigned: Panel
To SP/Judge:06/18/2004 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/26/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Dixon & Truman--check no. 20112.
03/26/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Dorsey) Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-05706
03/26/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Dickerson, Dickerson, Consul & Pocker--check no. 12615.
03/26/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Roberts) Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-05707
04/13/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/14/01, 11/15/01, 11/20/01, 12/11/01, 04/29/03, 06/03/03, 06/04/03, 06/10/03, and 06/11/03. To Court Reporter: Janice Liston. (Respondent Dorsey) 04-06781
04/13/2004Docketing StatementFiled Docketing Statement. (Respondent Dorsey). 04-06782
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
05/14/2004Docketing StatementReceived Docketing Statement. 04-08983
05/25/2004MotionFiled Motion to Extend Time. 04-09607
05/27/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 25, 2004. The clerk shall file the docketing statement received on May 14, 2004. 04-09780
05/27/2004Docketing StatementFiled Docketing Statement. 04-08983
06/04/2004MotionFiled Motion. Motion to Return Appeal to Settlement Conference Program. 04-10259
06/08/2004Notice/IncomingFiled Notice of Appearance. Deaner, Scann, Malan & Larsen as counsel for David Charles, Margaret Charles, Ashley Place Corp. and Nuvu. Inc. 04-10605
06/16/2004Order/ProceduralFiled Order Granting Motion. This appeal was not assigned to the settlement conference program because respondent Peter Clinco was proceeding in proper person. Respondents/ Appellants filed a motion requesting that this appeal be assigned to the settlement conference program. The Capricorn parties note that Mr. Clinco is 'an attorney, licensed to practice law in the State of California, and is a member in good standing with the California Bar.' Cause appearing, we grant the motion. Accordingly, the clerk of this court shall issue a notice assigning this appeal to the settlement conference program. In light of this order, court recorder Janice Liston need not take any action in response to the transcript request form filed by appellant/respondent Arnold George Dorsey on April 13, 2004. Further, the requesting of transcripts in compliance with NRPA 9(a) by the Capricorn parties and briefing is stayed pending further order of this court. 04-11040
06/18/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/30/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 04-15767
02/09/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 24, 2005. 05-02657
03/21/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 7, 2005. 05-05476
05/04/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 05-08774
09/01/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 19, 2005. 05-17348
10/12/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 2, 2005. 05-20220
02/10/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 06-03022
02/13/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 06-03162
05/09/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 06-09714
07/24/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 06-15337
10/12/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 06-21015
12/13/2006Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 06-25453
01/12/2007Settlement 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. fn1[A copy of the transcript request form is attached to this order. We have been informed that Ms. Liston, Ms. Garcia and Ms. Hansen are currently not employed as court recorders in the Eighth Judicial District Court. Ms. Beverly Sigurnik shall have 60 days to prepare and file the transcripts. Ms. MacDonald shall have 30 days to prepare and file the transcript for proceedings. There are no minutes for December 11, 2001. Appellants Capricorn: 15 days to request any additional transcripts that may be necessary for their appeal or if a certificate indicating no additional transcripts will be requested. Each appellant shall have 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). fn2[Although respondent Peter Clinco, Esq. is proceeding in proper person, we grant him leave to file an answer brief to the opening brief of the Capricorn appellants.] 07-00960
02/01/2007Letter/IncomingFiled Letter. from Court Recorder Beverly Sigurnik in response to the order filed on 1/12/07. 07-02656
02/12/2007Notice/OutgoingIssued Notice to Request Transcripts. Appellants Capricorn I,Capricorn II, Capricron Development, Roberts & Klarfeld. 07-03490
02/13/2007Notice/IncomingFiled Affidavit. Regarding Preparation of Transcript. 07-03550
02/22/2007Transcript RequestFiled Request for Transcript of Proceedings. Appellants Capricorn I,Capricorn II, Capricron Development, Roberts & Klarfeld. Transcripts requested: 11/13/01, 06/05/03, 08/28/02, 08/29/02, 08/30/02. To Court Reporter: Beverly Signurik. 07-04220
03/12/2007Letter/IncomingFiled Letter. from court reporter Beverly Sigurnik regarding payment of transcripts. 07-05775
04/04/2007Notice/IncomingFiled Notice. Request for Extensions. Court Reporter: Beverly Sigurnik. 07-07582
04/11/2007Notice/IncomingFiled Substitution of Attorneys. Lawrence E. Kulp, Jr. of the law firm of Deaner, Deaner, Scann, Malan & Larsen in place and stead of John M. Netzorg as counsel for cross-respondents David F. Charles and Margaret B. Charles. 07-08115
04/11/2007Notice/OutgoingIssued Notice to Provide Proof of Service. for Substitution of Attorneys. Due date: 10 days. 07-08156
04/13/2007MotionFiled Motion. Motion to Modify Briefing Schedule. 07-08306
04/17/2007Notice/IncomingFiled Proof of Service. of Substitution of Attorneys. 07-08609
04/23/2007Notice/IncomingFiled Substitution of Attorneys. T. James Truman in the place and stead of A. Bryce Dixon as counsel for Arnold George Dorsey. 07-09013
05/04/2007Order/ProceduralFiled Order. Regarding Transcripts and Granting Motion. If the Capricorn appellants have not paid the entire amount of the deposit to Ms. Sigurnik or Ms. MacDonald, they shall do so immediately. Ms. Sigurnik shall have 10 days from the date of this order to prepare and file the requested transcripts conducted on November 13-15, 2001, November 20, 2001, April 29, 2003, June 3-4, 2003, and June 10-11, 2003. Ms. MacDonald shall have 10 days from the date of this order to prepare and file the December 8, 2003, transcript. Each appellant shall have until June 1, 2007, to file and serve their respective opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 07-10033
05/07/2007Letter/IncomingFiled Letter. from Court Reporter Beverly Sigurnik regarding transcripts. 07-10121
05/15/2007TranscriptFiled Transcript. Proceedings: November 13-15, 2001, November 20, 2001, April 29, 2003, June 3-4, 2003, and June 10-11, 2003. Court Reporter: Beverly Sigurnik. 07-10744
05/29/2007TranscriptFiled Transcript. Proceedings: 12/8/03. Court Reporter: Kit Macdonald. 07-11670
06/12/2007Order/ProceduralFiled Order. Regarding Transcripts. We note that all requested transcripts have now been filed. Ms. Sigurnik is not required to file anything further in this appeal. 07-12831
06/15/2007MotionFiled Motion to Extend Time. Motion to Late File the Capricorn Entities' Opening Brief. 07-13153
07/06/2007MotionFiled Motion to Extend Time. (Respondents David Charles, Margaret Charles, Ashley Place Corp. and NuVu) 07-14817
07/06/2007Order/ProceduralFiled Order. Order Granting Capricorn Appellants' Motion to File an Untimely Opening Brief and Directing Appellant Doresy to File and Serve an Opening Brief. Respondents shall have 30 days from the date of this order to file and serve their answering briefs. Appellant Dorsey: Opening Brief due 15 days. 07-14849
07/06/2007BriefFiled Opening Brief. Appellants Capricorn I,Capricorn II, Capricorn Development, Roberts & Klarfeld 07-13157
07/06/2007AppendixFiled Appendix to Opening Brief. Vols. 1 through 11. 07-13158
07/10/2007MotionFiled Motion to Extend Time. Verfied Application for Extension of Time to File Respondents' Answering Brief. (Peter Clinco, Esq.) 07-15002
07/20/2007Order/ProceduralFiled Order Granting Motion. for Extensions of Time. Charles and Clinco shall have 30 days from the date of this order to file and serve their answering briefs. 07-15880
07/20/2007BriefFiled Opening Brief. Appellant Dorsey. 07-15944
07/20/2007AppendixFiled Appendix to Opening Brief. Volume 12. Appellant Dorsey. 07-15947
08/06/2007BriefFiled Answering Brief. Respondent Arnold G. Dorsey's Answering Brief. 07-17265
08/06/2007AppendixFiled Appendix to Answering Brief. Appendix to Respondent Arnold G. Dorsey's Answering Brief - Volume 13. 07-17266
08/20/2007MotionFiled Motion to Extend Time. David Charles & Margaret Charles 07-18330
08/24/2007MotionFiled Motion to Extend Time. Verified Second Application for an Additional Extension of time to file Respondent's Answering Brief (Peter L. Clinco, Esq.) 07-18782
09/05/2007MotionFiled Motion to Extend Time. Amended Verified Application for Second Extension of Time to file Answering Brief. 07-19499
09/12/2007Order/ProceduralFiled Order. We grant the 8/20/07 and 9/5/07 motions. The Charles respondents and Mr. Clinco: 30 days to file their answering briefs in Capricorn's appeal. The Capricorn respondents: 15 days to file the answering brief in Dorsey's appeal. 07-20211
09/26/2007MotionFiled Motion. Suggestion of Death and Motion to Modify Briefing Schedule. 07-21235
10/17/2007MotionFiled Motion to Extend Time. Verified Application for Third Extension of Time to file the Charleses' Answering Brief and Request for Leave to file Brief in Excess of 30 Pages. 07-22921
10/24/2007Notice/OutgoingIssued Notice of Justice Disqualification. Justice Mark Gibbons. 07-23409
11/21/2007Order/ProceduralFiled Order Extending Time. The clerk shall file the Charleses' 32-page answering brief and appendix received on October 24, 2007. The briefing schedule shall be modified as follows: the Capricorn entities' answering brief due November 26, 2007; Peter Clinco's answering brief due December 11, 2007; any reply brief due 30 days after service of the answering briefs. Within 40 days from the date of this order, Klarfeld shall file a motion in this court for the substitution of the new trustee of Capricorn II, and personal representative of Mr. Roberts, as parties in this appeal. fn1[T. James Truman & Associates shall within 20 days from the date of this order, inform this court whether they represent Dorsey-Capricorn Partners.] 07-25377
11/21/2007BriefFiled Answering Brief. Respondents David Charles, Margaret Charles, Ashley Place Corp. and NuVu. 07-23431
11/21/2007AppendixFiled Appendix to Answering Brief. Respondents David Charles, Margaret Charles, Ashley Place Corp. and NuVu. Appendix to Answering Brief, Vols. 1 through 3. 07-23432
12/11/2007MotionFiled Response to Order to Show Cause. Response to Supreme Court's Order filed November 21, 2007. 07-26870
12/28/2007Order/ProceduralFiled Order. The clerk shall remove Dorsey-Capricorn Partners as a respondent to the appeal of the Capricorn entities. The Capricorn entities and Clinco shall, within 15 days from the date of this order, file and serve their answering briefs and appendices. We caution the Capricorn entities and Clinco that failure to comply timely with this order may result in the imposition of sanctions. 07-28229
01/15/2008MotionFiled Motion. Motion to Substitute S. Myron Klarfeld as Successor Trustee for the Capricorn II, 1989 Trust. 08-01006
01/15/2008MotionFiled Motion. Status Report and Motion to Extend Time for Filing Briefs. 08-01008
01/25/2008MotionFiled Proper Person Motion. Status Report and Motion to Extend Time for Filing Briefs. (Respondent Peter Clinco). 08-01995
02/21/2008Order/ProceduralFiled Order. Capricorn Entities has filed a motion to substitute Klarfeld as trustee of the Capricorn II, 1989 Trust in place of Roberts. The motion is granted. The clerk shall modify the caption in this appeal to conform with the caption on this order. Capricorn Entities' motion for an extension of time is granted to the following extent. On or before February 28, 2008, the Capricorn Entities shall file a motion for the substitution of a personal representative in place of Roberts in his individual capacity, and the parties involved in the proposed settlement agreement shall submit a stipulation dismissing (1) Dorsey's appeal in its entirety and (2) the Capricorn Entities' appeal as against Dorsey and Clinco only. If no settlement is reached, the Capricorn Entities shall file an answering brief to Dorsey's appeal, and Clinco shall file an answering brief to the Capricorn Entities' appeal by February 28, 2008. Finally, the Capricorn Entities shall have until February 28, 2008, to file a reply brief to the answering brief filed by David Charles, Margaret Charles, Ashley Place Corporation, and NUVU, Inc. Fn3 [. . .Clinco's motion is denied as moot.] 08-04278
03/04/2008MotionFiled Motion to Extend Time. Respondents/Appellants Capricorn I,Capricorn II, Capricorn Development, Roberts & Klarfeld. 08-05357
03/20/2008MotionFiled Motion to Extend Time. Amended Motion for Extend time for Filing Reply Brief. Capricorn Entities ask the Court to Extend Time for (1) Submitting Stipulation to Dismissing the Claims involving Dorsey and Clinco and (2) filing their Reply Brief to the Charles Entities' Responding Brief from February 28, 2008, until April 3, 2008. 08-06922
03/26/2008Order/ProceduralFiled Order. within 20 days the Capricorn Entities shall file a motion for the substitution of a personal representative in place of Roberts in his individual capacity. Within 40 days the Capricorn Entities and the parties involved in the proposed settlement agreement shall submit a stipulation dismissing (1) Dorsey's appeal in its entirety and (2) the Capricorn Entities' appeal against Dorsey and Clinco only. If no settlement is reached, the Capricorn Entities shall file an answering brief to Dorsey's appeal, and Clinco shall file an answering brief to the Capricorn Entities' appeal, within 40 days. The Capricorn Entities shall have 40 days to file a reply brief. fn3-[The amended motion to extend time filed on March 20, 2008, is denied as moot.] 08-07480
05/08/2008MotionFiled Motion to Extend Time. Motion to Extend Time for Filing Reply Brief. 08-11493
05/22/2008Order/ProceduralFiled Order. Within seven days from the date of this order, the Capricorn Entities shall file a motion for the substitution of a personal representative in place of Roberts in his individual capacity. Within 30 days the Capricorn Entities and the parties involved in the proposed settlement agreement shall submit a stipulation dismissing (1) Arnold George Dorsey's (Dorsey) appeal in its entirety and (2) the Capricorn Entities' appeal as against Dorsey and Peter Clinco (Clinco) only. If no settlement is reached, the Capricorn Entities shall file an answering brief to Dorsey's appeal, and Clinco shall file an answering brief to the Capricorn Entities' appeal, within 30 days from the date of this order. Capricorn Entities: 30 days to file a reply brief to the answering brief filed by David Charles, Margaret Charles, Ashley Place Corporation, and NUVU, Inc 08-12862
07/07/2008Case Status Update Briefing Completed. No Reply Brief filed.
07/30/2008Order/ProceduralFiled Order. Conditionally Imposing Santions. This matter warrants the conditional imposition of sanctions. Accordingly, Capricorn Entities and Clinco shall each, within 15 days from the date of this order, pay the sum of $500.00 to the Supreme Court Law Library and provide this court with proof of such payment. However, these sanctions shall be automatically vacated if the Capricorn Entities files and serves a motion for the substitution of a personal representative, their answering brief to Dorsey's appeal, and their reply brief to the Charles' answering brief, and Clinco files and serves his answering brief to the Capricorn Entities' appeal or, alternatively, a motion to extend time, within ten days from the date of this order. 08-19598
08/05/2008MotionFiled Motion. Motion to Substitute Kirby Wells, Esq., Administrator for the Estate of Dennis Roberts. 08-20209
08/05/2008MotionFiled Stipulation/Dismiss Appeal. Stipulation to Dismiss Entire Appeal by Arnold G. Dorsey and Appeal in Part by the Capricorn Entities. 08-20214
08/11/2008MotionFiled Motion. Motion to Close Briefing between Capricorn Entities and Charles Parties. 08-20660
08/14/2008BriefFiled Reply Brief. Respondents/Appellants (Capricorn Entities). 08-21041
08/14/2008AppendixFiled Appendix to Reply Brief. Supplemental Appendix (Volume 12). Respondents/Appellants (Capricorn Entities). 08-21044
08/18/2008MotionFiled Motion. Supplement to Motion to Close Briefing Between Capricorn Entities and Charles Parties. 08-21207
08/22/2008MotionFiled Response to Motion. Opposition to the Charles Entities' Motion to Close Briefing. (Respondents/Appellants Capricorn Entities) 08-21734
09/24/2008Order/ProceduralFiled Order. Substituting Party, Dismissing Appeal of Arnold George Dorsey and Denying Motion to Close Briefing. The clerk shall substitute 'Kirby Wells, Esq., Special Administrator of the Estate of Dennis Roberts,' in place of Dennis Roberts, in his individual capacity, on this court's docket. The stipulation to dismiss [Capricorn's appeal as against Dorsey and Clinco only] is approved. The parties shall bear their own costs and attorney fees. The clerk shall modify the caption to reflect these dismissals. As the reply brief and appendix were timely filed in compliance with our July 30, 2008, order, the relief requested by Charles in the motion to close briefing and supplement thereto is hereby denied. 08-24635
03/30/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP09-JH/RP/KP. 09-07970
04/24/2009RemittiturIssued Remittitur. 09-08433
04/24/2009Case Status Update Remittitur Issued/Case Closed.
05/11/2009RemittiturFiled Remittitur. Received by County Clerk on April 28, 2009. 09-08433