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United States Court Cases

Nevada Supreme/Appellate Court Record

ARATA VS. FAUBION

Case Information: 43993
Short Caption:ARATA VS. FAUBIONCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A427617Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/05/2004 / Segel, M.SP Status:Completed
Oral Argument:01/08/2007 at 10:00 AMOral Argument Location:Carson City
Submission Date:01/08/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/24/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Beckley Singleton--check no. 200910.
09/24/2004Notice 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.) 04-17709
10/05/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/13/2004Docketing StatementFiled Docketing Statement. 04-18979
10/26/2004Notice/IncomingFiled Notice. 04-19758
10/27/2004Notice/OutgoingIssued Notice to Attorney General: Certification of Constitutional Issue. Notice that this appeal draws into question the constitutionality of NRS 41.440. See NRAP 44. 04-19888
02/02/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-02121
02/08/2005Filing Fee Returned Filing Fee. Check No. 206658 returned to Beckley Singleton. (No fee due for supplemental notice of appeal.)
02/08/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 05-02499
02/10/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-02697
03/01/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 03/11/03, 03/04/04, 03/09/04, 07/27/04, 08/03/04 (2), 08/04/04, 08/05/04, 08/06/04, 08/09/04, 08/10/04, 08/11/04, and 11/30/04. To Court Reporter: L. Makowski, A. Lee, S. Craig and J. Orduna. 05-03954
03/25/2005TranscriptFiled Transcript. Proceedings: 3/11/03. Court Reporter: Lisa Makowski. 05-05865
04/04/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Second Supplemental Notice of Appeal. 05-06524
04/08/2005TranscriptFiled Transcript. Proceedings: 3/11/03. Court Reporter: Lisa Makowski. 05-06973
05/09/2005TranscriptFiled Transcript. Proceedings:Thursday, March 4, 2004; Monday, August 9, 2004; Tuesday, August 10, 2004; Wednesday, August 11, 2004; Thursday, August 12, 2004; Tuesday, November 30, 2004. Court Reporter: Angela K. Lee. 05-09072
05/11/2005MotionFiled Motion to Extend Time. 05-09221
05/13/2005MotionFiled Motion. Motion to Revise Briefing Schedule. 05-09403
06/09/2005Order/ProceduralFiled Order Granting Motion. On May 11, 2005, court reporter Orduna filed a motion for an extension of time to file the transcripts requested in this appeal. Cause appearing, we grant the motion. Ms. Orduna shall have 10 days from the date of this order to file and serve the requested transcripts. Appellants shall have until July 8, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-11356
06/28/2005TranscriptFiled Transcript. Proceedings: 08/03/04, 08/04/04, 08/05/04, 08/06/04. Court Reporter: Jo Ann Orduna. 05-12843
07/12/2005MotionFiled Motion and Order Extending Time. Brief due: August 8, 2005. 05-13749
08/10/2005MotionFiled Motion to Extend Time. 05-15834
09/12/2005MotionFiled Motion to Extend Time. 05-17996
09/14/2005MotionFiled Motion for Excess Pages. (Opening Brief). 05-18247
10/05/2005MotionFiled Stipulation. 05-19786
10/24/2005Order/ProceduralFiled Order Granting Motion. and Regarding Transcripts. The clerk shall file the 48-page opening brief and appendix received on September 14, 2005. Answering brief due: 30 days. Transcripts due: 20 days. If more time is needed, Ms. Lee and Ms. Craig shall file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court, in writing, of this fact. 05-21002
10/24/2005BriefFiled Opening Brief. 05-18249
10/24/2005AppendixFiled Appendix to Opening Brief. Volums 1 through 4. 05-18250
10/24/2005Other Other. Received (via fax) courtesy copy of request for transcripts filed in this office on 3/1/05. (Original request is missing from correspondence file.) 05-03954
11/07/2005Letter/IncomingFiled Letter. from Court Reporter Angela K. Lee in response to the order filed regarding transcripts. 05-21945
11/21/2005MotionFiled Stipulation and Order. Brief due: December 23, 2005. 05-22920
12/06/2005TranscriptFiled Transcript. Proceedings: 7/27/04. Court Reporter: Shawna Craig. 05-23833
12/12/2005Order/ProceduralFiled Order/Show Cause. Response from appellants due: 30 days. The preparation of transcripts and the briefing schedule shall be suspended pending further order of this court. Respondent may file any reply within 10 days from the date that appellants' response is served. 05-24172
12/14/2005MotionFiled Motion for Excess Pages. (Answering Brief). 05-24394
12/19/2005BriefFiled Answering Brief. 05-24620
01/17/2006MotionFiled Motion to Extend Time. Motion for Extension of Time to file and serve Appellants' Response to Order to Show Cause. 06-01073
01/19/2006Order/Clerk'sFiled Clerk's Order Granting Motion. Answer to this court's order to show cause due: January 26, 2006. 06-01275
01/30/2006MotionFiled Response to Order to Show Cause. 06-02148
02/15/2006Order/Clerk'sFiled Clerk's Order Granting Motion. to file an answering brief in excess of 30 pages. 06-03388
02/23/2006Order/ProceduralFiled Order/Briefing Reinstated. We conclude that appellants' supplemental notice of appeal was timely and we have jurisdiction over the appeal and shall allow it to proceed. The transcript of proceedings held on March 9, 2004 has been included in appellants' appendix. We conclude that we have received all available transcripts and relieve court reporter Angela Lee of the transcript-filing obligation. Reply brief due: 30 days. 06-03953
03/30/2006MotionFiled Motion and Order Extending Time. Brief due: April 26, 2006. 06-06733
05/01/2006MotionFiled Motion to Extend Time. 06-09102
05/05/2006Order/Clerk'sFiled Clerk's Order Granting Motion. Appellants shall have 5 days from the date of this order to file and serve a reply brief. 06-09426
05/08/2006BriefFiled Reply Brief. 06-09606
08/31/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on December 4, 2006, at 11:30 a.m. (En Banc)
11/17/2006Order/ProceduralFiled Order Rescheduling Oral Argument. We vacate the oral argument presently scheduled for December 4, 2006, at 11:30 a.m., and direct the clerk to schedule this appeal for oral argument before the en banc court on January 8, 2007, at 10:00 a.m., in Carson City. Argument shall be limited to 30 minutes. 06-23639
12/22/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
01/08/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
06/28/2007Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court EN BANC. Author: Maupin, A. William. Majority: Maupin/Gibbons/Hardesty/Parraguirre/ Douglas/Cherry/Saitta. 123 Nev. Adv. Opn. No. 19. EN BANC. 07-14097
07/16/2007Filing FeeReceived Filing Fee Paid on Filing. $150 from Beckley Singleton--check no. 14750.
07/16/2007Post-Judgment PetitionFiled Petition for Rehearing. Appellant's Petition for Rehearing. 07-15450
11/05/2007Post-Judgment OrderFiled Order/Rehearing Denied. "ORDER the petition for rehearing DENIED." NRAP 40(c). 07-24142
11/30/2007RemittiturIssued Remittitur. 07-25863
11/30/2007Case Status Update Remittitur Issued/Case Closed.
12/06/2007RemittiturFiled Remittitur. Received by County Clerk on December 3, 2007. 07-25863