| Case Information: 43852 | |||
| Short Caption: | SCHAEFFER VS. DIST. CT. (TAITEL) | Court: | Supreme Court |
| Lower Court Case(s): | Esmeralda Co. - Fifth Judicial District - NONE | Classification: | Original Proceeding - Civil - Prohibition |
| Disqualifications: | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 08/31/2004 | Filing Fee | Filing Fee Waived. | ||
| 08/31/2004 | Petition/Writ | Filed Petition for Writ of Prohibition. | 04-15803 | |
| 08/31/2004 | Notice/Incoming | Filed Proof of Service. (Petition for Writ of Prohibition - served on Lewis Taitel). | 04-15862 | |
| 08/31/2004 | Notice/Incoming | Filed Proof of Service. (Petition for Writ of Prohibition served on Kenneth N. Elgan). | 04-15863 | |
| 08/31/2004 | Notice/Incoming | Filed Proof of Service. (Hon. John P. Davis, District Judge, and Kenneth N. Elgan) (Filed via fax.) | 04-15879 | |
| 08/31/2004 | Order/Procedural | Filed Order/Answer Writ Petition. Having reviewed the petition, it appears that petitioner has set forth issues of arguable merit and that petitioner has no plain, speedy and adequate remedy in the ordinary course of law. Accordingly, we direct real party in interest Lewis Taitel, on behalf of respondents, to file an answer against issuance of the requested writ within 20 days from the date of this order. Additionally, we temporarily stay all proceedings in Fifth Judicial District Court Case No. SP04-01 pending receipt and consideration of the real party in interest's answer and pending further order of this court. | 04-15885 | |
| 09/03/2004 | Notice/Incoming | Filed Proof of Service. (Original--filed via fax on 8/31/04). | 04-15879 | |
| 09/15/2004 | Petition/Writ | Filed Answer to Petition for Writ. Answer Against Issuance of Writ of Prohibition. | 04-17008 | |
| 09/23/2004 | Motion | Filed Motion for Permission to File Document. Motion to File Reply to Answer Against Issuance of Writ of Prohibition. | 04-17663 | |
| 11/16/2004 | Order/Dispositional | Filed Order Granting Petition. Order Grating in Part and Denying in Part Petition for Writ of Prohibition. We directed the real parties in interest to file an answer, which they timely filed. We also grant petitioner's motion for leave to file a reply, and direct eh clerk to file the reply received on September 30, 2004. "We grant the petition in part, and we instruct the clerk of this court to issue a writ of prohibition preventing Judge Davis from presiding over this case." fn6[We are not persuaded that the district court acted improperly in appointing a special prosecutor to pursue the removal action, cf. NRS 283.430, and so we deny the petition to the extent that it seeks relief from this order. In addition, we vacate the stay imposed by our August 31, 2004 order.] NNP04-NB/DA/MG | 04-21007 | |
| 11/16/2004 | Motion | Filed Reply to Response. Reply to Answer Against Issuance of Writ of Prohibition. | 04-18114 | |
| 11/16/2004 | Writ | Issued Writ. Original and one copy of writ and copy of order mailed to William E. Schaeffer for service upon Judge John P. Davis. | 04-21043 | |
| 11/22/2004 | Writ | Filed Writ. Served on Judge Davis on November 18, 2004. | 04-21043 | |
| 12/14/2004 | Remittitur | Issued Notice in Lieu of Remittitur. | 04-21246 | |
| 12/14/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||