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United States Court Cases

Nevada Supreme/Appellate Court Record

WESTERN TECHNOLOGIES VS. ALL AMERICAN GOLF CTR.

Case Information: 41930
Short Caption:WESTERN TECHNOLOGIES VS. ALL AMERICAN GOLF CTR.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A424146Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/05/2003 / Singer, MichaelSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:08/22/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/19/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Beckley Singleton, Chtd.--check no. 098496.
08/19/2003Notice 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.) 03-13819
09/05/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Michael H. Singer. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/22/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 03-15824
10/03/2003Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to comply timely may result in the imposition of sanctions, including dismissal of this appeal as abandoned. 03-16530
10/15/2003Notice/Outgoing Letter. Michael H. Singer. (Amended Notice of Appeal)
10/20/2003Docketing StatementFiled Docketing Statement. 03-17417
10/23/2003Notice/Outgoing Letter. Michael H. Singer. (docketing statement)
11/21/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-19464
12/04/2003Settlement 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. 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). 03-20155
12/24/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 5, 2003 through March 7, 2003; March 11, 2003 and March 12, 2003. To Court Reporter: Gina Shrader. 03-21441
03/18/2004Order/ProceduralFiled Order. to file Transcripts. To date, court reporter Gina Shrader has not filed the requested transcripts. Ms. Shrader shall have 20 days from the date of this order to prepare and file the requested transcripts conducted on March 5, 2003, March 6, 2003, March 7, 2003, March 11, 2003, and March 12, 2003. If more time is needed to complete the preparation of the transcripts, Ms. Shrader 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. Shrader shall notify this court, in writing, of this fact. 04-05132
04/05/2004MotionFiled Stipulation and Order. Brief due: May 5, 2004. 04-06272
04/27/2004Letter/IncomingFiled Letter. from court reporter Gina Shrader requesting an extension of time to prepare transcripts. 04-07723
04/28/2004Order/Clerk'sFiled Clerk's Order. Granting Extension. Court reporterGina M. Shrader shall have until May 14, 2004, to file and serve the requested transcritps. 04-07773
05/06/2004MotionFiled Stipulation. Stipulation to Revise Briefing Schedule. 04-08416
05/10/2004TranscriptFiled Transcript. Proceedings: 3/12/03. Court Reporter: Loree Gallegos 04-08629
05/10/2004TranscriptFiled Transcript. Proceedings: March 11, 2003 (2 volumes). Court Reporter: Loree Gallegos. 04-08668
05/24/2004TranscriptFiled Transcript. Proceedings: 03/05/03 and 03/06/03. Court Reporter: Gina M. Shrader. 04-09524
05/27/2004MotionFiled Stipulation. Stiplation to Revise Briefing Schedule. 04-09841
06/07/2004MotionFiled Motion. Motion to Revise Briefing Schedule. 04-10510
06/09/2004Order/ProceduralFiled Order. On April 28, 2004, this court entered an order granting court reporter Gina M. Shrader an extension of time until May 14, 2004, to prepare and file the requested transcripts. To date, however, Ms. Shrader has not filed with this court the requested transcript for proceedings conducted on March 7, 2003. fn1[We note, however, that the parties represent that they have now received all of the requested transcripts from Ms. Shrader.] Ms. Shrader shall, within 10 days from the date of this order, file and serve the requested transcript. If more time is needed to complete the preparation of the transcript, Ms. Shrader shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Shrader shall notify this court, in writing, of this fact. Because the requested transcript was not timely filed, the parties have filed two stipulations and a motion to revise the briefing schedule. In the interest of judicial economy, we elect to treat the stipulations as joint motions for extensions of time to file and serve the opening brief and appendix. Cause appearing, we grant the motions for extensions of time. fn2[In light of this order, we deny the parties' June 7, 2004, 'Motion to Revise Briefing Schedule' as moot.]Appellant shall have until June 24, 2004, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). The parties shall not file any additional stipulations to extend the due date for the opening brief. 04-10718
06/28/2004MotionFiled Motion to Extend Time. 04-11831
06/28/2004MotionFiled Response to Motion. Opposition to Western Technologies, Inc.'s Motion for Extension of Time to file Opening Brief. 04-11832
07/01/2004MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply in Support of Appellant's Motion for Extension. STRICKEN BY ORDER 07/28/04. 04-12122
07/28/2004Order/ProceduralFiled Order Granting Motion. for Extension of Time. On June 9, 2004, this court entered an order that approved the stipulations as joint motions and directed appellant to file and serve the opening brief by June 24, 2004. Appellant has since moved for an additional 30-day extension of time to file the opening brief. We note that appellant has also filed a document entitled 'Motion for Leave to File Reply in Support of Appellant's Motion for Extension.' This document does not comply with the Nevada Rules of Appellate Procedure. Accordingly, we direct the clerk of this court to strike appellant's motion for leave that was filed on July 1, 2004. Further, we admonish appellant's counsel for failing to comply with our appellate rules. Cause appearing, we grant appellant's motion for an extension of time. Appellant shall have 5 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. This court's June 9, 2004, order also directed court reporter Gina M. Shrader to file the requested transcript for proceedings conducted on March 7, 2003. To date, Ms. Shrader has failed to file this transcript or otherwise communicate with this court. Ms. Shrader shall, within 10 days from the date of this order, file and serve the transcript. Failure to timely file the March 7, 2003, transcript or otherwise communicate with this court may result in the imposition of sanctions. 04-13755
07/28/2004MotionFiled Motion to Extend Time. 04-13749
07/29/2004MotionFiled Response to Motion. Opposition to Western Technologies, Inc.'s Second Motion for Extension of Time to file Opening Brief. 04-13784
08/04/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to file Opening Brief. (Third Request) 04-14133
08/05/2004TranscriptFiled Transcript. Proceedings: 03/07/04. Court Reporter: Gina Shrader. 04-14160
08/05/2004MotionFiled Response to Motion. Oppostion to Western Technologies, Inc.'s Third Request for Motion for Extension of Time to File Opening Brief. 04-14220
08/09/2004AppendixReceived Joint Appendix. Vols. 1 through 9. 04-14363
08/12/2004Other Other. Received table of contents and table of authorities to Opening Brief. Attached to inside front cover of original and copies of brief.
08/20/2004MotionFiled Motion and Order/Excess Pages. Granted: 40 pages. 04-15073
09/07/2004Order/ProceduralFiled Order. On July 28, 2004, this court entered an order that granted appellant a five-day extension of time to file the opening brief. On that same date, appellant filed a motion for an additional extension until August 2, 2004, to file the opening brief. On July 29, 2004, respondent filed an opposition to appellant's motion. Because this court's July 28, 2004, order gave appellant until August 2, 2004, to file the opening brief, we deny appellant's motion as moot. On August 4, 2004, appellant filed an additional motion for an extension of time until August 5, 2004, to file the opening brief. Respondent opposes appellant's most recent motion. Cause appearing, we grant appellant's motion for an extension of time. The clerk shall file the opening brief and appendix received on August 9, 2004, and the table of contents and table of authorities to the opening brief received on August 12, 2004. Because we have concluded that good cause exists for appellant's extension of time, we decline to dismiss this appeal. Respondent shall have thirty 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). 04-16223
09/07/2004BriefFiled Opening Brief. 04-14362
09/07/2004AppendixFiled Joint Appendix. Volumes 1 through 9. 04-14363
09/07/2004BriefFiled Answering Brief. 04-16299
10/06/2004MotionFiled Motion and Order Extending Time. Brief due: November 3, 2004. 04-18534
11/05/2004MotionFiled Response to Motion. Respondent's Opposition to Western Technologies, Inc.'s Second Motion for Extension of Time to file Reply Brief. 04-20393
11/05/2004MotionFiled Motion to Extend Time. (Second Request). 04-20433
12/06/2004MotionFiled Motion to Extend Time. Request for Extension of Three Judicial Days in Which to file and serve Reply Brief (Third Request.) 04-22188
12/07/2004Order/ProceduralFiled Order Granting Motion. We conclude that appellant has set forth good cause for an extension of time to file the reply brief. We grant appellant's motion. Appellant shall have 5 days from the date of this order to file and serve the reply brief. 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. 04-22260
12/13/2004BriefFiled Reply Brief. 04-22739
02/07/2005BriefFiled Supplemental Authorities. 05-02489
02/28/2005BriefFiled Supplemental Authorities. Respondent All-American Golf Center, Inc.'s Reply to Appellant's Supplemental Memorandum. 05-03847
08/22/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. NRAP 34(f)(1). 05-16583
08/22/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH
08/17/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, vacated in part, and remanded." Before Rose, C.J., Gibbons and Hardesty, JJ. Author: Hardesty, J. We concur: Rose, C.J. and Gibbons, J. 122 Nev. Adv. Opn. No. 77. SNP05 06-17142
09/05/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from McDonald Carano Wilson LLP--check no. 14169.
09/05/2006Post-Judgment PetitionFiled Petition for Rehearing. All-American Golf Center, Inc.'s Petition for Rehearing. 06-18237
09/08/2006MotionFiled Motion. Motion to Clarify or Amend Opinion, or, in the Alternative, Petition for Rehearing. 06-18599
09/13/2006MotionFiled Response to Motion. All-American Golf Center, Inc.'s Response to Western Technologies, Inc.'s Motion to Clarify or Amend Opinion, or , in the Alternative, Petition for Rehearing. 06-18858
12/22/2006Post-Judgment OrderFiled Order/Rehearing Denied. Accordingly, we deny rehearing and we deny the motion to clarify or amend the opinion. NRAP 40(c). 06-26291
01/16/2007RemittiturIssued Remittitur. 07-01057
01/16/2007Case Status Update Remittitur Issued/Case Closed.
01/22/2007RemittiturFiled Remittitur. Received by County Clerk on January 19, 2007. 07-01057