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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: ESTATE OF LEAR C/W 46388

Case Information: 45856
Short Caption:IN RE: ESTATE OF LEAR C/W 46388Court:Supreme Court
Consolidated:45856*, 46388 Related Case(s): 44768 , 46388 , 46789 , 47379 , 49684 , 52132 , 53922
Lower Court Case(s):Washoe Co. - Second Judicial District - PR782800Classification:Civil Appeal - General - Other
Disqualifications:Hardesty, PickeringCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:05/19/2009How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/31/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Second Judicial District Court--check no. 12210.
08/31/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Pilot Program. (Pilot program civil appeals order and documents mailed to proper person appellant.) 05-17269
08/31/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Pilot Program. Supplemental Notice of Appeal. 05-17272
09/02/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Patrick Christopher Lear--USPS Money Order #08830218418.
09/02/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Pilot Program. 05-17386
09/02/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Patrick Christopher Lear--USPS Money Order No. 08830218600.
09/02/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Pilot Program. 05-17454
09/14/2005Notice/OutgoingIssued Letter. to proper person appellant Patrick Christopher Lear regarding a refund of the two additional filing fees paid in this appeal. The refund request has been forwarded to AOC. 05-18165
09/15/2005Transcript RequestFiled Civil Proper Person Transcript Request Form. (no transcripts requested) 05-18434
09/15/2005MotionFiled Proper Person Motion. Appellant's Motion for Leave to Appear in Proper Person. 05-18435
09/20/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Patrick Christopher Lear--USPS Money Order No. 08830808043.
09/20/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Pilot Program. 05-18662
10/03/2005MotionFiled Proper Person Motion. Appellant's Motion for Enlargement of Time to file Opening Brief Pending Determination of Appellant's Motion for Immediate and Expedited Order for Exemption from Pilot Program. 05-19619
10/03/2005MotionFiled Proper Person Motion. Appellant's Motion for Immediate and Expedited Order for Exemption from Pilot Program. 05-19621
10/05/2005Notice/OutgoingIssued Letter. to proper person appellant Patrick Christopher Lear regarding a refund of the third additional filing fee paid in this appeal on 9/20/05. The refund request has been forwarded to AOC. 05-19735
10/10/2005Other Incoming DocumentFiled Proper Person Document. Notice of Intent to file Opening Brief - Aug. 9, 2005 Notice of Appeal. 05-19969
10/10/2005Other Incoming DocumentFiled Proper Person Document. Notice of Intent to file Opening Brief - Aug.30, 2005 Notice of Appeal. 05-19970
10/10/2005Other Incoming DocumentFiled Proper Person Document. Notice of Intent to file Opening Brief - Sep. 8, 2005 Notice of Appeal. 05-19971
10/14/2005Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." fn3-We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted. fn4-The Honorable Miriam Shearing, Senior Justice, and the Honorable Deborah A. Agosti, Senior Justice, participated in the decision of this matter under a general order of assignment entered on July 14, 2005. NNP-SR-RP/MS/DA 05-20375
11/01/2005Filing FeeReceived Filing Fee Paid on Filing. $150 from Patrick Christopher Lear. (cash)
11/01/2005Post-Judgment PetitionFiled Petition for Rehearing. Aug. 30, 2005 Notice of Appeal. 05-21563
11/01/2005Post-Judgment PetitionFiled Petition for Rehearing. 2005 "Notice of Appeal in Nature of Mandamus." 05-21564
11/01/2005Post-Judgment PetitionFiled Petition for Rehearing. Sep. 8, 2005 Notice of Appeal. 05-21565
11/02/2005Other Incoming DocumentFiled Proper Person Document. Appellant's Errata to Petition for Rehearing - Sep. 8, 2005 Notice of Appeal. 05-21672
11/02/2005Other Incoming DocumentFiled Proper Person Document. Certificate of Mailing to Petition for Rehearing - Aug 9, 2005 "Notice of Appeal in Nature of Mandamus." 05-21673
11/02/2005Other Incoming DocumentFiled Proper Person Document. Certificate of Mailing to Petition for Rehearing - Sep 8, 2005 Notice of Appeal. 05-21674
11/02/2005Other Incoming DocumentFiled Proper Person Document. Appellant's Errata to Notice of Intent to File Opening Brief - Sep 8, 2005 Notice of Appeal. 05-21675
11/02/2005Other Incoming DocumentFiled Proper Person Document. Certificate of Mailing to Petition for Rehearing of Order - Aug 30, 2005 & Aug 31, 2005 Notices of Appeal. 05-21676
11/21/2005Other Incoming DocumentFiled Proper Person Document. Request for Corrected Record. 05-22979
11/21/2005Other Incoming DocumentFiled Proper Person Document. Appellant's Supplement to Petition for Rehearing. 05-22980
12/22/2005Other Incoming DocumentFiled Proper Person Document. Appellant's Supplement to Petition for Rehearing-Aug. 30 2005 Notice of Appeal and Objection to Exaction of Supreme Court Fees De Novo. 05-24910
12/27/2005Order/ProceduralFiled Order. On November 2, 2005, Patrick Christopher Lear, appellant in No. 45856, file a Supplemental Notice of Appeal to August 30, 2005 Notice of Appeal in the district court. Upon its receipt in this court, that notice of appeal was inadvertently filed in No. 44769. We direct the clerk to transfer Patrick Christopher Lear's November 2, 2005, notice of appeal to No. 48856. Nos. 44768/45856 - cases are not consolidated. 05-25184
12/27/2005Other Other. 12/27/05 Order: transferred a Supplemental Notice of Appeal filed on 11/15/05 in No. 44768 to No. 45856. 11/14/05 Filed Certified Copy of proper person Notice of Appeal. Supplemental Notice of Appeal to August 30, 2005, Notice of Appeal.clerk3
01/12/2006Order/ProceduralFiled Order. Directing Answer. Respondent shall have 15 days to file an answer, including authorities, to the petition for rehearing. Appellant shall have 15 days after service of the answer to file any reply. fn3[Appellant is granted leave for the limited purpose of filing the reply.] 06-00863
01/19/2006MotionFiled Motion to Extend Time. Motion for Enlargement of Time (First Request.) 06-01416
01/26/2006MotionFiled Proper Person Response. Appellant's Opposition to Motion for Enlargement of Time. 06-02030
02/07/2006Order/ProceduralFiled Order Granting Motion. Respondent shall have until February 27, 2006, to file and serve its answer to the petition for rehearing. 06-02729
02/16/2006MotionFiled Proper Person Motion. Appellant's Motion for Stay Pending Appeal. 06-03567
02/27/2006Post-Judgment PetitionFiled Answer to Petition for Rehearing. 06-04468
03/01/2006Order/ProceduralFiled Order Denying Motion. for Stay. We conclude that a stay is not warranted. We deny the motion. fn2[The Honorable Miriam Shearing, Senior Justice, and the Honorable Deborah A. Agosti, Senior Justice participated in the decision of this matter under general orders of assignment entered January 6, 2006.] 06-04596
03/07/2006MotionFiled Proper Person Motion. Appellant's Motion for Enlargement of Time (1st Request.) 06-05030
03/30/2006Order/ProceduralFiled Order Granting Motion. Appellant shall have until April 14, 2006, to file the reply to the answer to the rehearing petition. No further extensions shall be granted absent extreme and unforeseeable circumstances. 06-06700
04/14/2006Post-Judgment PetitionFiled Reply to Answer to Petition for Rehearing. 06-07935
04/14/2006Notice/OutgoingIssued Notice to Provide Proof of Service. for Reply to Answer to Petition for Rehearing. Due date: 10 days.
04/17/2006Other Incoming DocumentFiled Proper Person Document. Certificate of Mailing to Appellant's Reply to Answer to Petition for Rehearing. 06-08023
05/04/2006MotionFiled Proper Person Motion. Appellant's Motion for Leave to file Appellant's Supplemental Evidence and Authorities to Petition for Rehearing-Aug. 30, 2005 Notice of Appeal and Reply to Answer to Petition for Rehearing. 06-09392
05/04/2006Other Incoming DocumentFiled Proper Person Document. Appellant's Supplemental Evidence and Authorities to Petition for Rehearing-Aug. 30, 2005 Notice of Appeal and Reply to Answer to Petition for Rehearing. 06-09393
05/04/2006Other Incoming DocumentFiled Proper Person Document. Appendix to Appellant's Supplemental Evidence and Authorities to Petition for Rehearing-Aug. 30, 2005 Notice of Appeal and Reply to Answer to Petition for Rehearing. 06-09394
06/06/2006OtherDisqualification of Justice Hardesty. Sat in district court proceedings.
11/09/2006Post-Judgment OrderFiled Order/Rehearing Granted. And Reinstating Appeal in Part. fn1[We grant appellant's May 4, 2006 motion to file supplemental authorities, and have considered his submissions.] We grant appellant's rehearing petition and reinstate this appeal only as to the August 2, 2005 order denying appellant's motion to set aside estate accountings. We deny appellant's rehearing petition in all other respects. To the extent that appellant challenges the portion of the district court's August 2, 2005 order awarding attorney fees to respondent, that issue is more appropriately considered in the context of appellant's appeal from the October 21, 2005 order awarding a specific amount of attorney fees in No. 46388. fn3[We deny appellant's October 21, 2005 request to correct the record concerning the case appeal statement. We deny as moot appellant's November 21, 2005 request to correct the record.] Appellant shall have 30 days to resubmit his request for exemption from the Civil Proper Person Pilot Program. fn5[The Honorable Miriam Shearing, Senior Justice, and the Honorable Deborah A. Agosti, Senior Justice, participated in the decision of this matter under a general order of assignment entered on July 14, 2005.] 06-22967
11/09/2006Case Status Update Resubmitted for Decision. Resubmitted on Rehearing.
12/11/2006MotionFiled Proper Person Motion. Appellant's Motion for Exemption from Pilot Program. 06-25202
12/19/2006MotionFiled Response to Motion. Respondents's Opposition to Appellant's Motion for Exemption from Pilot Program. 06-25836
12/26/2006MotionFiled Proper Person Motion. Appellant's Motion for Leave to file Reply to Opposition to Motion for Exemption from Pilot Program. 06-26320
12/30/2006Order/ProceduralFiled Order. Consolidating Appeals, Directing Transmission of Record, Exempting Appeals from Pilot Program and Setting a Briefing Schedule. We grant the motion and consolidated these appeals for all appellate purposes. Record on appeal in District Court Case No. PR78-2800 due: 30 days. We exempt Docket Nos. 45856 and 46388 from the pilot program. Appellant is not required to file any proper person civil appeal statements and these appeals will proceed under NRAP 46(b). We grant his motion for leave to proceed in proper person so that he may file briefs. Appellant shall have 60 days from the date of this order to file and serve a single opening brief in these consolidated appeals. Respondent shall then have 30 days from the date that appellant's opening brief is served to file and serve an answering brief. Appellant may file and serve any reply brief within 30 days from the date that any answering brief is served. There is no need to file appendices. Nos. 45856/46388. (06-26758) 06-26758
01/12/2007Order/ProceduralFiled Order Denying Motion. for Leave to file Reply. On December 30, 2006, this court granted appellant's motion to exempt these appeals from the civil proper person program. Appellant's December 26, 2006 motion for leave to file a reply is denied as moot. The clerk shall return, unfiled, appellant's reply, provisionally received in this court on December 26, 2006 in No. 45856. Nos. 45856/46388. (07-00896) 07-00896
01/12/2007Other Returned Unfiled Document. Appellant's Reply to Opposition to Motion for Exemption from Pilot Program received on December 26, 2006 in No. 45856, to appellant Patrick Christopher Lear.
01/25/2007Notice/IncomingFiled Affidavit. from Cathy Kepler of the second judicial court requesting an extension of time to transmit the record in these appeals. Nos. 45856/46388. 07-02034
02/06/2007Order/ProceduralFiled Order/Motion Granted in Part. Record in District Court Case No. PR782800 due: 90 days. Nos. 45856/46388. (07-02934) 07-02934
02/20/2007MotionFiled Proper Person Motion. Appellant's Motion to Extend Time to File Opening Brief. Nos. 45856/46388 07-03988
02/28/2007Order/ProceduralFiled Order Granting Motion. for extension of time. Opening Brief due: April 30, 2007. No further extension absent extreme and unforeseeable circumstances. Nos. 45856/46388. 07-04831
03/23/2007Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 70. Nos. 45856/46388. (Record filed in 45856.) 07-06667
04/26/2007MotionFiled Proper Person Motion. Appellant's Motion for Enlargement of Time. Nos. 45856/46388 07-09291
04/26/2007MotionFiled Proper Person Motion. Appellant's Motion for Modification of Procedural Order. Nos. 45856/46388 07-09292
05/09/2007MotionFiled Response to Motion. to Appellant's Motion for Modification for Procedural Order and Cross-Moton to Dismiss Appeal and/or Affirm Judgment. Nos.45856/46388. 07-10339
05/17/2007MotionFiled Proper Person Motion. Appellant's Motion for Leave to File Appellant's Reply to Opposition to Motion for Modification of Procedural Order and Opposition to Cross-Motion to Dismiss Appeal and/or Affirm Judgment. Nos. 45856/46388. 07-11003
05/17/2007Other Incoming DocumentReceived Proper Person Document. Appellant's Reply to Opposition to Motion for Modification of Procedural Order and Opposition to 'Cross-Motion to Dismiss Appeal and/or Affirm Judement. Nos. 45856/46388. 07-11005
05/29/2007MotionFiled Proper Person Motion. Motion to Disqualify Respondents' Attorneys for Conflicts of Interest. Nos. 45856/46388 07-11763
06/13/2007MotionFiled Response to Motion. Opposition to Motion to Disqualify. Nos. 45856/46388. 07-12964
07/17/2007Order/ProceduralFiled Order. fn1-[We grant appellant's motion for leave to file a reply. The clerk of this court shall file appellant's proposed reply which was provisionally received in this court on May 17, 2007.] We deny appellant's motion to modify the February 28 order and his motion for an extension of time. We deny respondent's motion to dismiss the appeals. Appellant shall have 30 days from the date of this order to file and serve his opening brief. Thereafter, briefing shall proceed according to the briefing schedule established by this court's December 30, 2006 order. Appellant shall not be granted any further extensions of time to file his briefs. We caution appellant that any failure to file his briefs within the time required by this order may result in the dismissal of his appeals. We deny appellant's motion to disqualify respondent's counsel. Nos. 45856/46388. 07-15524
07/17/2007Other Incoming DocumentFiled Proper Person Document. Appellant's Reply to Opposition to Motion for Modification of Procedural Order and Opposition to 'Cross-Motion to Dismiss Appeal and/or Affirm Judgment. Nos. 45856/46388. 07-11005
08/20/2007BriefFiled Opening Brief. Nos. 45856/46388. (07-18318) 07-18318
08/20/2007AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. Nos. 45856/46388. (07-18321) 07-18321
08/20/2007Notice/IncomingFiled Proof of Service. Amended (Opening Brief). Nos. 45856/46388. 07-18369
09/12/2007MotionFiled Motion to Extend Time. Motion for Procedural Order to Enlarge Time to file Answering Brief for Sixty Days (First Requst.) Nos. 45856/46388. (07-20171) 07-20171
09/17/2007Order/ProceduralFiled Order Granting Motion. Respondent shall have until November 26, 2007, to file and serve the answering brief. Nos. 45856/46388. 07-20406
11/29/2007BriefFiled Answering Brief. Nos. 45856/46388. 07-25747
11/29/2007AppendixFiled Appendix to Answering Brief. Nos. 45856/46388. 07-25748
12/26/2007Notice/IncomingFiled Notice of Appearance. Representing appellant: Lisa A. Rasmussen, Esq.. Nos. 45856/46388. 07-27916
12/27/2007MotionFiled Motion to Extend Time. Nos. 45856/46388. 07-28151
12/28/2007MotionFiled Response to Motion. Non-Opposition and Consent to Patrick Christopher Lear's Motion for an Order Enlarging Time to file Reply Brief. Nos. 45856/46388. (07-28176) 07-28176
01/07/2008Order/ProceduralFiled Order Extending Time. Reply Brief due: 1/25/08. Fn1 [. . .Appellant indicates that Mr. Ross's application for pro hac vice admission has been submitted to the State Bar of Nevada. Upon approval, appellant indicates that Mr. Ross will file appropriate motions in the district court and in this court.] Nos. 45856/46388. 08-00390
01/29/2008BriefFiled Reply Brief. Nos. 45856/46388. 08-02289
01/29/2008AppendixFiled Appendix to Reply Brief. Nos. 45856/46388. 08-02290
01/30/2008MotionFiled Motion. Motion to Associate Pro Hac Vice Counsel Herein Pursuant to District Court Order Authorizing the Same in the Case Below. Nos. 45856/46388. 08-02373
01/31/2008Notice/IncomingFiled Certificate of Compliance. Compliance to Answering Brief filed on 11/29/07. Nos. 45856/46388. 08-02547
02/21/2008Order/ProceduralFiled Order. Appellant filed a motion to associate pro hac vice attorney Bruce Shields Ross of the law firm of Luce, Forward, Hamilton & Scripps, LLP, in this matter pursuant to SCR 42. We grant the unopposed motion. Nevada attorney Lisa A. Rasmussen shall be responsible for all matters presented by Mr. Ross in this matter. [08-04264] 08-04264
04/29/2008Notice/IncomingFiled Notice. Notice of Firm Name Change, Change of Address and Change of Telephone Number (attorney Lisa Rasmussen). Nos. 45856/46388. 08-10596
05/02/2008Notice/IncomingFiled Notice. Substitution of Attorney (Law Firm Only). Attorney Lisa Rasmussen. Nos. 45856/46388. 08-11014
05/14/2008Notice/IncomingFiled Notice. Notice of Firm Name Change, Change of Address and Change of Telephone Number (attorney Bruce S. Ross); Substitution of Attorney (Law Firm Only); Certificate of Service. Nos. 45856/46388. 08-12056
05/27/2008Letter/IncomingFiled Letter. Re: Supplement to Record. Notice of Entry of Judgment (not file stamped by district court) and Findings of Fact, Conslusions of Law and Judgment filed in the district court on May 17, 2008, attached to letter . Nos. 45856/46388. 08-13227
07/08/2008Order/ProceduralFiled Order. . We grant Ms. Rasmussen's unopposed request. The appellate record shall be supplemented with the May 17, 2007, district court order attached to Ms. Rasmussen's letter. Nos. 45856/46388. 08-17265
01/05/2009OtherDisqualification of Justice Pickering. Law firm of Morris Pickering & Peterson
01/05/2009Notice/OutgoingIssued Notice of Justice Disqualification. Justice Pickering disqualified. (Law firm of Morris Pickering & Peterson) 09-00112
05/19/2009Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the En Banc Court as of the date of this order on the briefs filed herein. Nos. 45856/46388. 09-12440
05/19/2009Case Status Update Submitted for Decision.
06/17/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Fn1 [The Honorable James W. Hardesty, Chief Justice, and the Honorable Kristina Pickering, Justice, did not participate in the decision of this matter.] EN BANC-RP/MD/MC/NS/MG. Nos. 45856/46388. 09-14951
07/14/2009RemittiturIssued Remittitur. 09-16783
07/14/2009Case Status Update Remittitur Issued/Case Closed.
07/17/2009RemittiturFiled Remittitur. Received by County Clerk on July 15, 2009. 09-16783