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United States Court Cases

Nevada Supreme/Appellate Court Record

MILLER VS. STODDART

Case Information: 38336
Short Caption:MILLER VS. STODDARTCourt:Supreme Court
Related Case(s): 38253 , 42133 , 42234
Lower Court Case(s):Clark Co. - Eighth Judicial District - A353258Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice BeckerPanel Assigned: Panel
To SP/Judge:08/22/2001 / Goldberg, AubreySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/17/2001OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
08/17/2001OtherDisqualification of Justice Becker. Sat in district court proceedings.
08/17/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton--check no. 086790.
08/17/2001Notice 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.) 01-14031
08/23/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Aubrey Goldberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/24/2001Order/ProceduralFiled Order. To date, appellants have failed to file the docketing statements. Appellants shall, within 10 days of the date of this order, file and serve their docketing statements. Failure to file complete and accurate docketing statements in a timely manner may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellant--attorney Phillips, Beckley firm, Cook firm, and attorney Kelley.) 01-16102
10/09/2001Docketing StatementFiled Docketing Statement. Beckley Singleton Jemison Cobeaga & List Law Firm. 01-16923
10/11/2001Notice/Outgoing Letter. Aubrey Goldberg.
11/29/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-20002
01/28/2002MotionFiled Motion. Motion to Set Aside the Bond. 02-01864
02/04/2002Notice/IncomingFiled Notice. Notice of Filing Bankruptcy. 02-02258
02/08/2002MotionFiled Response to Motion. Respondents' Response to Appellants' Motion to Set Aside the Bond based on Bankruptcy Automatic Stay. 02-02541
03/25/2002Other Other. Filed Certified Copy of Order Granting Motion for Leave to Prosecute Appeal filed in the United States Bankruptcy Court District of Nevada on March 19, 2002. 02-05301
03/26/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. On February 4, 2002, appellant David Stoddart filed a notice indicating that he filed for Chapter 11 bankruptcy in Nevada on January 23, 2002. fn1[Because the notice, bankruptcy petition and Mr. Stoddart's signature identify Mr. Stoddart as 'William David Stoddart', the clerk of this court shall modify this court's caption to be consistent with the caption of this order.] Our review of the record below indicates that Mr. Stoddart was a plaintiff in the underlying action. We conclude that this appeal is not subject to the automatic stay. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). On January 28, 2002, appellants filed a motion to set aside the bond. We defer ruling on this motion pending the preliminary jurisdictional review of this appeal. 02-05305
04/09/2002MotionFiled Response to Motion. Respondents' Opposition to Appellants' Motion to Set Aside the Bond. 02-06305
04/12/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/27/01; 5/14/01; 3/8/01; 1/17/01; 1/12/01; 1/5/01; 12/29/00; 12/27/00; 12/26/00; 12/15/00; 12/14/00; 12/13/00; 12/12/00; 12/8/00; 12/7/00; 12/4/00; 11/29/00; 11/28/00; 11/2/99 and 4/20/98. To Court Reporter: Janie Olson. 02-06599
07/15/2002MotionFiled Motion to Consolidate. Nos. 38253/38336. 02-12123
07/22/2002MotionFiled Motion. Joinder to Motion to Consolidate Appeals. Nos. 38253/38336. 02-12515
07/26/2002MotionFiled Stipulation and Order. Brief due: August 23, 2002. 02-12903
08/20/2002Order/ProceduralFiled Order/Show Cause. Stoddard and the Peccoles shall each have 30 days from the date of this order within which to show cause why these appeals should not be dismissed for lack of jurisdiction. Failure to demonstrate that this court has jurisdiction may result in this court's dismissal of these appeals. The briefing schedule in these appeals shall be suspended pending further order of this court. Each side may file any reply to the other side's response within 10 days from the date that response is served. Fn16 [We defer ruling on the motion for consolidation, filed in both appeals, and the motion to set aside the bond, filed in Docket No. 38336, pending resolution of the jurisdictional issues.] Nos. 38253 and 38336 (not consolidated) 02-14203
08/26/2002MotionFiled Motion to Extend Time. (Second Request). Nos. 38253 and 38336 (not consolidated). 02-14663
08/28/2002Order/Clerk'sFiled Clerk's Order. filed on August 26, 2002. Pursuant to order of this court entered on August 20, 2002, the briefing schedule in these appeals was suspended pending further order of this court. Accordingly, the motion is denied as moot. Nos. 38253/38336-cases are not consolidated. 02-14777
09/19/2002MotionFiled Response to Order to Show Cause. Response of David Stoddart and Jencar Development Corporation to Order to Show Cause. Nos. 38253 and 38336 (not consolidated). 02-16301
09/23/2002MotionFiled Response to Order to Show Cause. (Peccoles) Nos. 38253 and 38336 (not consolidated). 02-16450
10/01/2002MotionFiled Reply to Response. Reply of David Stoddart and Jencar Development Corporation to Peccole Defendants' "Response to Order to Show Cause". Nos. 38253/38336 (not consolidated). 02-16937
10/04/2002MotionFiled Reply to Response. Peccolle's Reply to Stoddardt's Response to Order to Show Cause. Nos. 38253 and 38336 (not consolidated). 02-17227
11/22/2002Order/DispositionalFiled Order Dismissing Appeal. "ORDER these appeals DISMISSED." fn9[We deny the motion to consolidate, filed in both appeals on July 15, 2002, and the motion to set aside the bond, filed in No. 38336 on January 28, 2002, as moot in light of this order.] SNP03-WM/MS/ML. Nos. 38253/38336--cases are not consolidated. 02-20158
12/10/2002Filing Fee Filing Fee due. (No. 38336 only - rehearing).
12/10/2002Post-Judgment PetitionFiled Petition for Rehearing. Filed Petition for Rehearing. Plaintiff's Petition for Rehearing and Motion to Suspend the Rules and Grant Reconsideration En Banc. Mailed on: 12/9/02. Nos. 38253/38336 - not consolidated. 02-21109
12/10/2002Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. $100.00 for Rehearing Due Date: 10 days.
12/13/2002Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Lionel Sawyer & Collins--check no. 011532.
01/21/2003Order/DispositionalFiled Order Dismissing Appeal. Corrected Order Dismissing Appeals. "ORDER these appeals DISMISSED." fn9[We deny the motion to consolidate, filed in both appeals on July 15, 2002, and the motion to set aside the bond, filed in No. 38336 on January 28, 2002, as moot in light of this order.] SNP03-MS/ML/WM. Nos. 38253/38336-cases are not consolidated. 03-01078
01/21/2003Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Motion to Suspend Rules of Appellate Practice and Denying Rehearing. Petitioners have moved to suspend the rules of appellate practice so that this matter may be considered by the en banc court. We deny the motion. We have considered the petition for rehearing, and " . . . we conclude that rehearing is not warranted." NRAP 40(c). SNP03-WM/MS/ML. Nos. 38253/38336-cases are not consolidated. 03-01079
02/18/2003RemittiturIssued Remittitur. 03-01148
02/18/2003Case Status Update Remittitur Issued/Case Closed.
02/26/2003RemittiturFiled Remittitur. Received by County Clerk on February 20, 2003. 03-01148