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United States Court Cases

Nevada Supreme/Appellate Court Record

MILLER VS. WILFONG

Case Information: 43140
Short Caption:MILLER VS. WILFONGCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D294128Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/29/2005 at 11:00 AMOral Argument Location:Carson City
Submission Date:06/29/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/13/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Kelleher & Kelleher, LLC--check no. 3436.
04/13/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-06818
04/29/2004Docketing StatementFiled Docketing Statement. 04-07915
04/29/2004Transcript RequestFiled Certificate of No Transcript Request. 04-07916
09/17/2004Order/ProceduralFiled Order. Order to File Opening Brief and Regarding Counsel. This appeal was docketed in this court on April 13, 2004. To date, appellant has failed to file the opening brief and appendix. Appellant shall have 15 days from the date of this order to file and serve these documents. We note that respondent is not represented by counsel. Accordingly, we direct respondent to retain counsel and cause counsel to enter a notice of appearance with this court within 60 days from the date of this order. Failure to comply with this order shall result in this appeal being submitted for decision on the opening brief and appendix. 04-17210
10/04/2004Other Returned Unfiled Document. Appellant's Opening Brief.
10/15/2004BriefFiled Opening Brief. 04-19157
10/15/2004AppendixFiled Appendix to Opening Brief. 04-19158
10/27/2004Notice/IncomingFiled Notice of Appearance. Representing respondent: Willick Law Group. 04-19877
11/05/2004Order/ProceduralFiled Order. On October 15, 2004, appellant filed the opening brief and appendix. However, the appendix is deficient because it does not contain all of the required documents pursuant to NRAP 30(b)(2), (3). Accordingly, appellant shall have 10 days from the date of this order to file and serve a supplemental appendix containing the required documents. On October 27, 2004, attorney Marshal S. Willick filed a notice of appearance on behalf of respondent. Accordingly, respondent shall have 60 days from the date of this order to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-20387
11/17/2004AppendixFiled Appendix. Supplemental Appendix to Appellant's Opening Brief. 04-21134
01/04/2005MotionFiled Motion. Motion by Clark County Legal Services Program, Inc. and the Clark County Pro Bono Project for Leave to File Brief as Amicus Curiae in Support of Position of Respondent for Affiarmance of Award of Attorney Fees to Pro Bono Counsel. 05-00208
01/06/2005BriefFiled Answering Brief. 05-00303
01/06/2005AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 05-00305
02/07/2005BriefFiled Reply Brief. 05-02463
02/08/2005Order/ProceduralFiled Order. Filing Amicus Curiae Brief. The Clark County Legal Services Program, Inc. (CCLS) and the Clark County Pro Bono Project have filed a motion for leave to appear as amicus curiae in support of respondent. Based on our cursory review of the proposed amicus brief submitted by the CCLS and the Clark County Pro Bono Project, we conclude that it may assist this court when resolving this appeal. Accordingly, we grant the unopposed motion to file an amicus curiae brief. See NRAP 29. The clerk shall file the amicus brief received on January 4, 2005. Appellant shall have 30 days from the date of this order to file and serve a reply brief in response to the answering brief and amicus brief. 05-02563
02/08/2005BriefFiled Amicus Brief. Brief of Amicus Curiae Clark County Legal Services Program, Inc. and the Clark County Pro Bono Project in Support of Position of Respondent for Affirmance of District Court Award of Attorney Fees to Pro Bono Counsel. 05-00220
04/20/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 29, 2005, at 11:00 a.m. (En Banc)
06/14/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
06/29/2005Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
09/22/2005Opinion/DispositionalFiled Authored Opinion. "Affirmed." We sanction John T. Kelleher in the sum of $500. Kelleher shall remit the sum to the Clark County Pro Bono Project within 30 days of the date of this opinion and file written proof of payment with the clerk of this court within the same time period. fn18[In lieu of payment of the monetary sanction, Kelleher may provide five hours of pro bono service to the Clark County Pro Bono Project within 90 days from the date of this opinion.] This matter shall be referred to the State Bar of Nevada for investigation of any appropriate disciplinary action. Before the Court EN BANC. Author: Hardesty, J. We concur: Becker, C.J., Rose, Maupin, Gibbons, Douglas, and Parraguirre, JJ. 121 Nev. Adv. Opn. No. 61. EN BANC. 05-18806
09/22/2005Notice/OutgoingIssued Letter. to Rob Bare, Bar Counsel. Opinion filed today which refers this matter to the State Bar of Nevada for investigation of any appropriate disciplinary action against attorney John T. Kelleher.
09/26/2005Notice/IncomingFiled Proof of Payment of Sanction. $500 paid to the Clark County Pro Bono Project. 05-19092
10/03/2005Notice/IncomingFiled Proof of Payment of Sanction. $500 paid to Clark Co. Legal Services (for Clark Co. Pro Bono Project). 05-19591
10/12/2005Letter/IncomingFiled Letter. from attorney John T. Kelleher regarding the Opinion filed in this matter (Letter to be treated and resolved as a motion). 05-20187
10/18/2005RemittiturIssued Remittitur. 05-19221
10/18/2005Case Status Update Remittitur Issued/Case Closed.
10/19/2005Letter/IncomingFiled Letter. from attorney John Kelleher re: changes in opinion. 05-20660
10/26/2005RemittiturFiled Remittitur. Received by County Clerk on October 20, 2005. 05-19221
11/10/2005Notice/OutgoingIssued Letter. to John T. Kelleher re: corrections made to opinion. 05-22262
11/15/2005Notice/OutgoingIssued Letter. To the Publishers from Cay Jordan, Editor. Correction on page 1 of the original opinion filed September 22, 2005.
11/16/2005Notice/OutgoingIssued Letter. To the Publishers from Cay Jordan, Editor. Correction on page 8 of the original opinion filed September 22, 2005.
12/21/2005Notice/IncomingFiled Status Report. Investigative Report from State Bar of Nevada re attorney John Kelleher. NOTE: This original document was placed in attorney Kelleher's bar file. No copy was placed in the correspondence file for this case.