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United States Court Cases

Nevada Supreme/Appellate Court Record

MCKINLEY VS. HELLER

Case Information: 43881
Short Caption:MCKINLEY VS. HELLERCourt:Supreme Court
Lower Court Case(s):Carson City - First Judicial District - 0401187AClassification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/03/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lionel Sawyer & Collins--check no. 029088.
09/03/2004Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 and 2. 04-16156
09/03/2004MotionFiled Motion. Emergency Motion to Expedite Appeal. 04-16164
09/07/2004Other Other. Filed Points and Authorities in Support of Emergency Motion to Expedite Appeal. 04-16184
09/07/2004Order/ProceduralFiled Order. Establishing Expeditd Briefing Schedule. This is an appeal from a district court order denying a petition for writ relief and affirming the Secretary of State's decision to place respondent Ralph Nader's name on the November 2004 ballot as a presidential candidate. Presently before the court is appellants' motion to expedite this appeal. In light of the severe time constraints placed upon us by the Secretary of State's requisite ballot preparation procedures, we grant the motion. Appellants shall have until 9:00 a.m. on Wednesday, September 08, 2004, to file and serve any supplement to the points and authorities that they previously submitted in support of their motion to expedite. These points and authorities shall constitute appellants' opening brief. Respondents shall have until 4:00 p.m. on Friday, September 10, 2004, to file and serve an answering brief. fn1[For this appeal, we suspend the provisions of NRAP 25(1)(a) which provide that a document is timely filed if, on or before its due date, it is (1) mailed to this court or (2) dispatched for delivery within three calendar days by a third-party commercial carrier. See NRAP 2. Accordingly, all documents shall be filed personally with the clerk of the court in Carson City. Further, we suspend the provisions of NRAP 25(1)(c) regarding service of documents. For this appeal, service of documents shall be personal or by facsimile transmission.] Any reply brief must be filed and served no later than 9:00 a.m. on Monday, September 13, 2004. No extensions of time to this briefing schedule will be granted. As the district court record was filed with this court on September 3, 2004, we suspend the requirement of an appendix. fn2[See NRAP 14; NRAP 2.] Additionally, no docketing statement will be required. fn3[See NRAP 14; NRAP 2.] 04-16235
09/07/2004MotionFiled Motion. Original of Emergency Motion to Expedite Appeal. 04-16164
09/07/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/30/04; 08/31/04; and 09/01/04. To Court Reporter: Sunshine Reporting Services. 04-16242
09/07/2004Other Other. Filed Original of Points and Authorities in Support of Emergency Motion to Expedite Appeal. 04-16184
09/08/2004TranscriptFiled Transcript. Proceedings: 08/31/04and 09/01/04. Court Reporter: Stephanie Zolkowski. 04-16441
09/09/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/30/04, 08/31/04, and 09/01/04. To Court Reporter: Sunshine Reporting Services. 04-16579
09/10/2004BriefFiled Answering Brief. Respondent Dean Heller's, Secretary of State, Answering Brief. 04-16645
09/10/2004BriefFiled Answering Brief. Respondent Ralph Nader's Answering Brief. 04-16655
09/10/2004AppendixFiled Appendix to Answering Brief. Ralph Nader. 04-16657
09/13/2004BriefFiled Reply Brief. 04-16681
09/14/2004Notice/IncomingFiled Proof of Service. to Request for Transcript of Proceedings. 04-16793
09/15/2004Order/DispositionalFiled Order of Affirmance. We conclude that the district court did not abuse its discretion in denying the writ petition, and " . . .we affirm the district court's order." fn13[In light of this order, we need not address appellants' remaining issues.] EN BANC MS/ DA/ RR/ NB/ WM/ MG/ MD 04-17003
10/12/2004RemittiturIssued Remittitur. 04-17168
10/12/2004Case Status Update Remittitur Issued/Case Closed.
10/21/2004RemittiturFiled Remittitur. Received by County Clerk on October 15, 2004. 04-17168