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United States Court Cases

Nevada Supreme/Appellate Court Record

GOINS VS. COUNTY OF CLARK

Case Information: 41261
Short Caption:GOINS VS. COUNTY OF CLARKCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A394909Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/24/2003 / Osko, EugeneSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/16/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cal J. P:otter, III, Esq. Chtd.--check no. 18770.
04/16/2003Notice 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.) 03-06488
04/21/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 26-27, 2003. To Court Reporter: Yvonne Valentine. 03-06737
04/24/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/02/2003MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal and to Stay Assignment to Settlement Conference Pending Decision. 03-07452
05/05/2003Notice/Outgoing Letter. Eugene Osko. (respondents' motion to dismiss)
05/05/2003Notice/IncomingFiled Joinder. in Clark County's Motion to Dismiss Appeal and to Stay Assignment to Settlement Conference pending Decision. 03-07559
05/07/2003MotionFiled Motion to Extend Time. 03-07800
05/14/2003Order/ProceduralFiled Order Resolving Motion or Stipulation. Respondent County of Clark has filed a "Motion to Dismiss Appeal and to Stay Settlement Conference Pending Decision." Respondents the City of Henderson and Officer Deb L'Angevain filed a joinder in the motion. Generally this court will not remove an appeal from the settlement program without a formal request for removal from the settlement judge. There is no such recommendation from the settlement judge. We deny the motion. This denial is not a determination on the merits of respondents' motion. On May 7, 2003, appellant filed a motion for an extension of time of 7 days to file the docketing statement. We note that the certificate of service does not indicate that the motion was served on opposing counsel. Despite this procedural defect, and cause appearing, we grant the motion. The clerk of this court shall file the docketing statement received May 7, 2003. 03-08215
05/14/2003Docketing StatementFiled Docketing Statement. 03-07801
05/15/2003Notice/Outgoing Letter. Eugene Osko. (docketing statement)
05/15/2003MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal and Opposition to Motion to Stay Settlement Conference. 03-08314
05/15/2003MotionFiled Response to Motion. Defendants/Respondents' Opposition to Plaintiff's/Appellant's Motion to Extend Time to File Docketing Statement. 03-08320
05/15/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 03-08321
05/28/2003Notice/Outgoing Letter. Eugene Osko. (Amended Notice of Appeal)
07/03/2003Order/ProceduralFiled Order. Denying Reconsideration. On May 14, 2003, this court entered an order which granted appellant's motion for an extension of time to file the docketing statement. On May 15, 2003, respondents filed an opposition to that motion. As we have already considered the lack of service of appellant's motion and determined that respondents were not prejudiced by it, and because respondents may file a response to the docketing statement pursuant to NRAP 14(f), we deny the motion for reconsideration. Respondents may file a formal response to the docketing statement within 15 days from the date of this order if they consider such a response to be appropriate. 03-11151
07/11/2003Docketing StatementFiled Response to Docketing Statement. Respondent Clark County's NRAP 14(f) Response to Appellants' Docketing Statement. 03-11719
07/18/2003Notice/Outgoing Letter. Eugene Osko. (Response to Docketing Statement)
07/21/2003Docketing StatementFiled Response to Docketing Statement. 03-12273
07/24/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 03-12529
07/25/2003Notice/Outgoing Letter. Eugene Osko. (response to docketing statement)
07/29/2003Notice/Outgoing Letter. Eugene Osko. (Amended Notice of Appeal)
08/15/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-13654
08/18/2003Notice/OutgoingIssued Notice to Transmit Required Document. Notice of Entry of Order filed 6/6/03. Due Date: 10 days
08/19/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Court reporter Yvonne Valentine: 30 days to prepare and file the transcript requested by appellant pursuant to the transcript request filed on April 21, 2003. If the transcripts requested were filed in the district court prior to the docketing of this appeal, the court reporter need not comply with NRAP 9(a). Appellant: 100 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 03-13789
08/25/2003Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: June 6, 2003. 03-14293
11/24/2003Order/ProceduralFiled Order. Regarding Transcripts. On April 21, 2003, Appellant filed a transcript request form requesting the production of transcripts by court reporter Yvonne Valentine for proceedings held March 26, 2003, and March 27, 2003. Our review of the district court minute entries indicates that there were no proceedings held on March 27, 2003. Moreover, the minute entries do not indicate that a court reporter was present during either day of the bench trial. Because it appears that the trial proceedings were not recorded, we vacate that portion of our August 19, 2003, order directing Ms. Valentine to file the transcripts for proceedings conducted on March 26, 2003, and March 27, 2003. Appellant shall have 10 days from the date of this order to file and serve an amended transcript request form if they will be requesting the production of any transcripts. 03-19603
12/01/2003MotionFiled Motion to Extend Time. (60 days requested.) 03-19895
12/05/2003Transcript RequestFiled Request for Transcript of Proceedings. Notice Regarding Order Regarding Transcripts and Amended Request for Transcript of Proceedings. Transcripts requested: 03/25/03 and 03/26/03. To Court Reporter: Yvonne Valentine. 03-20284
12/08/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed December 1, 2003. Appellant shall have until February 2, 2004, to file and serve the opening brief and appendix. 03-20316
02/02/2004MotionFiled Motion to Extend Time. 04-02126
02/06/2004TranscriptFiled Transcript. Proceedings: 3/25/03. Court Reporter: Yvonne M. Valentin. 04-02367
02/12/2004MotionFiled Motion to Extend Time. 04-02800
02/20/2004Order/ProceduralFiled Order. Court reporter Yvonne M. Valentin has filed an affidavit requesting a 10-day extension of time to file the transcript for proceedings conducted on March 26, 2003. We elect to treat the affidavit as a motion. Cause appearing, we grant the motion. Ms. Valentin shall have 10 days from the date of this order to file and serve the requested transcript. Appellant has moved for a second extension of time to file the opening brief and appendix. Cause appearing, we grant the motion. Appellant shall have 20 days from the date of this order to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-03285
02/24/2004TranscriptFiled Transcript. Proceedings: March 26, 2003. Court Reporter: Yvonne Valentin. 04-03568
03/11/2004BriefFiled Opening Brief. 04-04600
03/11/2004AppendixFiled Appendix to Opening Brief. 04-04601
04/09/2004MotionFiled Stipulation/Dismiss Appeal. 04-06637
04/29/2004Order/DispositionalFiled Stipulated Dismissal. Pursuant to the stipulation of the parties and cause appearing, " . . . this appeal is dismissed." NRAP 42(b). SNP/CLK 04-07843
04/29/2004Case Status Update Case Closed. No remittitur issued.