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United States Court Cases

Nevada Supreme/Appellate Court Record

NITTINGER VS. HOLMAN

Case Information: 34917
Short Caption:NITTINGER VS. HOLMANCourt:Supreme Court
Related Case(s): 34747
Lower Court Case(s):Clark Co. - Eighth Judicial District - A356121Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/08/1999 / Buchanan, WilliamSP Status:Completed
Oral Argument:04/09/2002 at 9:30 AMOral Argument Location:Carson City
Submission Date:01/21/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/04/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 72060.
10/04/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-09482
10/08/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
01/06/2000Docketing StatementFiled Docketing Statement. Nos. 34747 and 34917. 00-00220
03/10/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-03822
03/28/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement 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). 00-04918
07/28/2000MotionFiled Stipulation and Order. Brief due: August 25, 2000. 00-13105
08/24/2000MotionFiled Motion to Extend Time. 00-14915
08/30/2000Order/ProceduralFiled Order. Free lance Reporters shall have 20 days from the date of this order to file and serve the requested transcript or to inform this court in writing why the requested transcript cannot be produced. We grant appellant's motion for an extension of time. Appellant's opening brief and appendix shall be served and filed on or before September 25, 2000. 00-15249
09/05/2000MotionFiled Motion. Motion to Withdraw as Counsel. 00-15623
09/25/2000Letter/IncomingFiled Letter. from Court Reporter Leta Haupt (Free Lance Court Reporters). They have never received a request for transcript and are unable to determine which transcript was requested. 00-16879
09/27/2000MotionFiled Motion to Extend Time. 00-17054
10/11/2000Transcript RequestFiled Request for Transcript of Proceedings. (Amended Request) Transcripts requested: April 8,9,12 and 13, 1999. To Court Reporter: Trisha Sims. 00-17955
10/11/2000Transcript RequestFiled Request for Transcript of Proceedings. (Amended Request). Transcripts requested: 4/7/99. To Court Reporter: Diann Prock. 00-18026
10/11/2000Transcript RequestFiled Request for Transcript of Proceedings. (Amended Request). Transcripts requested: April 7, 1999, To Court Reporter: Kris Johnson. 00-18027
10/20/2000Order/ProceduralFiled Order Granting Motion. We grant attorney Hames' unopposed motion to withdraw as counsel for appellants in this appeal. fn1[The clerk of this court shall modify the court's docket in this matter by deleting attorney Hames and the law firm of Cook, Fitch & Hames as counsel of record for appellants.] 00-18640
10/24/2000MotionFiled Motion to Extend Time. Unopposed Motion for Extension of Time to File Appellants' Opening Brief. 00-18780
10/24/2000Order/ProceduralFiled Order. On August 30, 2000, we entered an order directing Free Lance Court Reporters to prepare and file a transcript of proceedings conducted on April 7, 1999, or to inform this court why the transcript could not be produced. On September 25, 2000, Free Lance Court Reporters filed a response to our order to show cause wherein they stated that they have not produced the required transcript because they never received a request for the transcript. Our records indicate that transcript request form was not mailed to the correct address. We vacate our order to show cause entered August 30, 2000. We grant appellants' motions. Appellants shall have to and including November 27, 2000, to file and serve the opening brief and appendix. No further extensions shall be permitted absent extreme and unforeseeable circumstances. 00-18805
11/06/2000TranscriptFiled Transcript. Proceedings: 4/14/99 and 4/17/99 (2) Court Reporter: Kris Johnson. 00-19478
11/29/2000MotionFiled Motion to Extend Time. 00-20841
12/15/2000Order/ProceduralFiled Order. On October 11, 2000, appellants filed amended transcript request forms requesting court reporter Johnson to prepare and file transcripts for proceedings conducted on April 7, 1999. The district court minute entries indicates that court reporter Johnson was not present at the jury trial proceedings conducted on April 7, 1999. On November 6, 2000, court reporter Johnson filed certified transcripts for proceedings conducted on April 14, 1999, and April 17, 1999. It appears that the request for court reporter Johnson to prepare and file transcripts for proceedings on April 7, 1999, was an error. Unless appellants inform this court otherwise in writing within 10 days of the date of this order, court reporter Johnson is not expected to file any additional transcripts in this appeal. Court reporters Prock and Sims shall have 20 days from the date of this order to prepare and file the requested transcripts, to file a motion for an extension of time to do so, or to inform this court, in writing, why the requested transcripts cannot be produced. We grant appellants' motion filed on November 29, 2000. Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix. No further extensions shall be permitted absent extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 00-21925
01/04/2001Letter/IncomingFiled Letter. from Court Reporter Leta Haupt. She has not yet received payment for the 4/7/99 transcript. 01-00200
01/19/2001MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. 01-01262
01/19/2001BriefFiled Opening Brief. Mailed on: No postmark. 01-01266
01/19/2001AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 01-01267
02/13/2001TranscriptFiled Transcript. Proceedings: April 7, 1999. Court Reporter: Diann Prock. 01-02860
02/20/2001MotionFiled Stipulation and Order. Brief due: March 21, 2001. 01-03200
03/23/2001MotionFiled Motion to Extend Time. 01-05149
03/27/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Respondents' answering brief shall be served and filed on or before April 20, 2001. 01-05336
04/23/2001MotionFiled Motion to Extend Time. 01-06854
04/26/2001Order/ProceduralFiled Order Granting Motion. Respondents shall have to and including May 21, 2001, to file and serve the answering brief. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. 01-07001
04/27/2001Order/Procedural Order. To date, Court Reporter Sims has failed to file the requested transcripts (conducted on April 8-9, 1999, and April 12-13, 1999) or respond to our December 15, 2000, order. Court reporter Sims shall file have 15 days from the date of this order to file and serve the requested transcripts. Failure to comply timely with this order may result in the imposition of sanctions. 01-07085
05/14/2001TranscriptFiled Transcript. Proceedings: 04/08/99; 04/09/99; 04/12/99; and 04/13/99, Volumes 1 through 4. Court Reporter: Trisha Sims. 01-07972
05/21/2001MotionFiled Motion to Extend Time. 01-08416
05/31/2001Order/ProceduralFiled Order Granting Motion. We grant respondents' moiton filed May 21, 2001. Respondents shall have to and including June 11, 2001, to file and serve the answering brief. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion and the impositon of sanctions. 01-09056
06/13/2001MotionFiled Motion to Extend Time. Unopposed Motion for Extension of Time of Three Days to File Respondent's Answering Brief. 01-09889
06/18/2001MotionFiled Motion and Order/Excess Pages. Granted: 37 pages. 01-10170
06/27/2001Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file and serve the answering brief received on June 18, 2001. Appellants may file a reply brief within 30 days of the date of this order. 01-10827
06/27/2001BriefFiled Answering Brief. Mailed on: 06/14/01. 01-10172
07/30/2001MotionFiled Stipulation and Order. Brief due: August 27, 2001. 01-12815
08/29/2001MotionFiled Motion to Extend Time. Unopposed Motion for Extension of Time to File Appellant's Reply Brief. 01-14662
08/30/2001Order/ProceduralFiled Order Granting Motion. filed August 29, 2001. Appellants shall have to and including September 27, 2001, to file and serve the reply brief. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. 01-14731
10/01/2001MotionFiled Motion to Extend Time. 01-16525
10/17/2001Order/ProceduralFiled Order/Motion Granted in Part. On October 1, 2001, appellants filed a motion for a third extension of time to file and serve the reply brief. Extreme and unforseeable circumstances not having been demonstrated, we grant appellants' motion in part. Appellant shall have 15 days from the date of this order to file and serve the reply brief. Failure to demonstrate extreme and unforeseeable circumstances for additional requests for an extension of time may result in the denial of the motion and/or the imposition of sanctions against appellants' counsel. 01-17507
11/05/2001MotionFiled Motion to Extend Time. 01-18440
11/07/2001MotionFiled Motion to Extend Time. 01-18595
11/08/2001Order/ProceduralFiled Order Granting Motion. Extreme and unforeseeable circumstances having been shown, we grant appellants' November 7, 2001, motion. Accordingly, appellants may file and serve a reply brief within days from the date of this order. We caution appellants that failure to timely comply with this order may be treated as a waiver of the right to file a reply brief. 01-18706
11/09/2001BriefFiled Reply Brief. Mailed on: 11/07/01. 01-18747
02/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 9, 2002, at 9:30 a.m. (NNP02-MS/RR/NB)
03/25/2002BriefFiled Supplemental Authorities. (Appellant's). 02-05233
03/26/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
04/09/2002Case Status Update Submitted for Decision. Argued by: Daniel F. Polsenberg for Appellants and Leo P. Flangas for Respondents. NNP02-MS/RR/NB
01/21/2003Order/ProceduralFiled Order/Submit on Briefs. Order for En Banc Consideration and Submitting for Decision without Oral Argument. Oral argument in this matter was held on April 9, 2002, before the Northern Nevada Panel. Upon further review, we have determined that en banc consideration of this appeal is warranted. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 03-01010
01/21/2003Case Status Update Submitted for Decision. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. En Banc
05/30/2003Opinion/DispositionalFiled Authored Opinion. "Affirmed/Reversed/Remanded." fn11[We conclude that the other issues raised by the appellants have no merit.] Before the Court EN BANC. Author: Shearing, J. Miriam. We concur: Agosti, C.J., Becker and Gibbons, JJ. Rose, J., with whom Leavitt and Maupin, JJ., agree, concurring in part and dissenting in part. 119 Nev. Adv. Opn. No. 24. EN BANC. 03-09014
06/19/2003Filing FeeReceived Filing Fee Paid on Filing. $100 from Leo P. Flangas - check no. 5089.
06/19/2003MotionFiled Motion for Excess Pages. 03-10286
06/23/2003Order/ProceduralFiled Order Granting Motion. filed June 19, 2003. The clerk of this court shall file the 12-page petition for rehearing. 03-10412
06/23/2003Post-Judgment PetitionFiled Petition for Rehearing. 03-10287
07/16/2003Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Appellants shall have 15 days from the date of this order to file and serve an answer to the petition for rehearing. 03-11987
08/04/2003MotionFiled Motion to Extend Time. Motion to Extend Time to File Answer to Petition for Rehearing. 03-13086
08/06/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed August 4, 2003. Appellants shall have until August 14, 2003, to file and serve the answer to the petition for rehearing. 03-13158
08/20/2003Post-Judgment PetitionFiled Answer to Petition for Rehearing. 03-13940
08/29/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). En Banc. 03-14567
09/23/2003RemittiturIssued Remittitur. 03-14600
09/23/2003Case Status Update Remittitur Issued/Case Closed.
10/02/2003RemittiturFiled Remittitur. Received by County Clerk on September 25, 2003. 03-14600