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United States Court Cases

Nevada Supreme/Appellate Court Record

WADDELL VS. L.V.R.V. INC.

Case Information: 43149
Short Caption:WADDELL VS. L.V.R.V. INC.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A420970Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/20/2004 / Buchanan, WilliamSP Status:Completed
Oral Argument:10/10/2005 at 11:30 AMOral Argument Location:William S. Boyd School of Law - UNLV
Submission Date:10/10/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/15/2004Filing Fee Filing Fee due.
04/15/2004Notice 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.) 04-06937
04/15/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
04/20/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/23/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from O'Brien & Nelson, Chtd.--check no. 1876.
04/26/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices of Garcia-Mendoza & Snavely--check no. 8170.
04/26/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 04-07659
04/27/2004Notice/Outgoing Letter. William F. Buchanan. (notice of cross-appeal)
04/29/2004Docketing StatementFiled Docketing Statement. (L.V.R.V.) 04-07878
05/07/2004Docketing StatementFiled Docketing Statement. (Waddell) 04-08492
05/12/2004Notice/IncomingFiled Proof of Service. (Docketing Statement served on Settlement Judge). 04-08846
06/28/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-11790
07/06/2004Settlement 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. Each appellant shall have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a). Each appellant shall have 120 days from the date of this order to file and serve an opening brief and appendix addressing the issues in their respective appeal. Each respondent shall have 30 days from service of the respective opening brief to file and serve an answering brief. fn1[We note that L.V.R.V. Inc., d/b/a Wheeler's Las Vegas RV ("L.V.R.V.") is the only respondent to the appeal filed by Arthur R. Waddell and Roswitha M. Waddell ("the Waddells'), and that the Waddells and Coachmen Recreational Vehicle Company, Inc., are the respondents to the appeal filed by L.V.R.V.] Each appellant shall have 30 days from service of the respective answering brief to file and serve a reply brief. 04-12235
07/20/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/02/03 through 06/04/03. To Court Reporter: Angela Lee. 04-13141
09/21/2004Order/ProceduralFiled Order. to Request Transcripts and File Transcripts. We again direct Waddells to request transcripts in compliance with NRAP 9(a). Waddells shall have 10 days from the date of this order to file and serve the appropriate document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of the Waddells' appeal. On July 20, 2004, appellant L.V.R.V. Inc. filed a transcript request form requesting court recorder Angela Lee to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] To date, Ms. Lee has not filed the requested transcripts. Ms. Lee shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, Ms. Lee shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Lee shall notify this court, in writing, of this fact. 04-17440
09/29/2004Transcript RequestFiled Certificate of No Transcript Request. Waddells' Response to Court Order of Sept. 21, 2004, Ordering the Waddells to Request Transcripts. 04-18040
10/04/2004Notice/IncomingFiled Notice. Notice of Firm Name Change. (O'Brien & Nelson, Chtd. changed to Nelson Law Foundation). 04-18366
10/07/2004Other Returned Unfiled Document. Appellant's (Waddells) Opening Brief.
10/21/2004BriefFiled Opening Brief. Waddell. 04-19446
10/28/2004AppendixFiled Appendix to Opening Brief. (Waddell) 04-19964
11/04/2004BriefFiled Opening Brief. Appellant LVRV Inc., d/b/a Wheeler's Las Vegas RV's Opening Brief. 04-20299
11/04/2004AppendixFiled Appendix to Opening Brief. Appellant LVRV Inc.. Vols. 1 through 3. 04-20300
11/04/2004Other Other. Received Index to Appellant's Appendix. Attached to inside front cover of all volumes.
11/16/2004Order/ProceduralFiled Order. to file Transcripts. On July 20, 2004, appellant L.V.R.V. Inc. filed a transcript request form requesting court recorder Angela Lee to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] To date, Ms. Lee has still not filed the requested transcripts or communicated with this court. Ms. Lee shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, Ms. Lee shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Lee shall notify this court, in writing, of this fact. Failure to timely comply with this order could result in the imposition of sanctions. 04-21033
11/19/2004BriefFiled Answering Brief. Respondent L.V.R.V. Inc., d/b/a Wheeler's Las Vegas RV's Answering Brief. 04-21349
11/23/2004MotionFiled Motion and Order Extending Time. Brief due from respondents Arthur R. Waddell and Roswitha M. Waddell: December 21, 2004. 04-21526
12/07/2004BriefFiled Answering Brief. Respondent Coachman Recreational Vehicle Company's Answering Brief. 04-22349
12/07/2004AppendixFiled Appendix to Answering Brief. Coachman Recreational Vehicle Company. 04-22350
12/09/2004TranscriptFiled Transcript. Proceedings: June 2, 2003; June 3, 2003; and June 4, 2003. Court Reporter: Angela K. Lee. 04-22500
12/20/2004BriefFiled Reply Brief. Appellant Waddell. (Appellant's Reply Brief on Cross-Apeal) 04-23186
12/23/2004BriefFiled Answering Brief. Respondent Waddell. 04-23416
12/23/2004AppendixFiled Appendix to Answering Brief. Respondent Waddell. 04-23417
12/30/2004MotionFiled Motion. Respondents Waddells' Motion to Transmit an Original Exhibit from the District Court to the Nevada Supreme Court. 04-23720
01/07/2005BriefFiled Reply Brief. Appellant LVRV inc., d/b/a Wheeler's Las Vegas RV's Reply to Respondent Coachmen Recreational Vehicle Company's Answering Brief. 05-00417
01/07/2005MotionFiled Response to Motion. Coachmen's Opposition to Waddells' Motion to Transmit an Original Exhibit from the District Court to the Nevada Supreme Court. 05-00418
01/21/2005BriefFiled Reply Brief. Appellant LVRV inc., d/b/a Wheeler's Las Vegas RV's Reply to Respondent Arthur R. Waddell and Roswitha M. Waddell's Answering Brief. 05-01349
01/21/2005MotionFiled Motion. Appellant L.V.R.V. Inc., d/b/a Wheeler's Las Vegas RV's Joinder to Coachman's Opposition to Waddells' Motion to Transmit an Original Exhibit from the District Court to the Nevada Supreme Court. 05-01354
01/31/2005Order/ProceduralFiled Order. Directing Transmission of Exhibit. The Waddells have moved for the transmission of a videotape that was admitted into evidence at trial as Plaintiff's Trial Exhibit 104. Respondent Coachmen opposes the motion. Respondent/appellant L.V.R.V. Inc. joins in the opposition. We conclude that the videotape is part of the trial court record and may be included in the appellate court record. We grant the motion. The clerk of the district court shall have 15 days form the date of this order to transmit to this court the exhibit admitted on June 4, 2003, described as "Exhibit No. 104: Video Prepared by Roger Beauchemin." 05-01968
09/01/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 10, 2005, at 11:30 a.m. (SNP06-WM/MG/JH)
09/26/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
10/04/2005MotionFiled Motion. L.V.R.V., Inc., d/b/a Wheeler's Las Vegas RV's Emergency Motion to Continue Oral Argument Presently Scheduled for October 10, 2005. 05-19637
10/04/2005MotionFiled Response to Motion. Respondents Waddells' Opposition to L.V.R.V. Inc.'s Motion to Continue Oral Argument. 05-19638
10/04/2005Letter/IncomingFiled Letter. from Stanton Tang of Las Vegas ONE/KLAS TV requesting permission to videotape oral argument on Monday, October 10, 2005 at 11:30 a.m. (filed via fax). 05-19683
10/04/2005MotionFiled Response to Motion. Respondent Coachmen Recreational Vehicle Company's Concurrence with Wheeler's Request to Continue Oral Argument. 05-19686
10/05/2005Order/ProceduralFiled Order Denying Motion. We deny the motion to continue the oral argument. Oral argument will remain scheduled for October 10, 2005, at 11:30 a.m. at the Boyd School of Law. 05-19790
10/07/2005Notice/IncomingFiled Notice of Association of Counsel. Dan Polsenberg of Beckley Singleton associates as attorney for L.V.R.V., Inc. d/b/a Wheeler's Las Vegas RV (filed via fax). 05-19920
10/10/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH
10/11/2005Notice/IncomingFiled Notice of Association of Counsel. Original. (Filed via fax on 10/7/05.) 05-19920
01/19/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded." Before Maupin, Gibbons and Hardesty, JJ. Author: Gibbons, J. We concur: Maupin, J. and Hardesty, J. 122 Nev. Adv. Opn. No. 3. SNP06 06-01269
02/14/2006RemittiturIssued Remittitur. Returned Exhibit: Plaintiff's exhibit 104 - videotape this day. 06-01437
02/14/2006Case Status Update Remittitur Issued/Case Closed.
03/02/2006RemittiturFiled Remittitur. Received by County Clerk on February 16, 2006. 06-01437