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United States Court Cases

Nevada Supreme/Appellate Court Record

MOWBRAY VS. BENTAR INC.

Case Information: 43958
Short Caption:MOWBRAY VS. BENTAR INC.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A444635Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/24/2004 / Osko, EugeneSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/19/2006How Submitted:On Briefs
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/17/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lynn R. Shoen, Chtd.--check no. 1371.
09/17/2004Notice 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.) 04-17220
09/24/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/27/2004Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 04-17803
09/30/2004Docketing StatementFiled Response to Docketing Statement. 04-18117
09/30/2004OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
10/04/2004Notice/Outgoing Letter. Eugene Osko. (response to docketing statement)
10/04/2004Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlement Judge. 04-18351
10/28/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-19941
11/16/2004Settlement 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); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 04-21055
12/17/2004Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The requesting of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellants' response is served. 04-22997
01/18/2005MotionFiled Response to Order to Show Cause. 05-00984
01/25/2005MotionFiled Reply to Response. Respondent's Reply to Appellants' Response to Order to Show Cause. 05-01607
02/09/2005Other Other. Returned, unfiled, with letter, Appellants' Response to Respondent's Reply to Appellants' Response to Order to Show Cause.
02/28/2005Notice/IncomingFiled Substitution of Attorneys. Hutchison & Steffen be substituted in the place and stead of Rogers, Mastrangelo, Carvalho & Mitchell, as counsel for Respondents, Bentar, Inc., Bentar Limited Partnership and Amador Bengochea. 05-03924
05/20/2005Order/ProceduralFiled Order. Reinstating Briefing. Having considered appellants' response and respondent Nationwide Insurance Company's reply, as well as the other documentation before this court, we conclude that the district court properly certified the August 31, 2004 order as a final judgment under NRCP 54(b). Thus, it appears that we have jurisdiction over this appeal. Accordingly, appellants shall have fifteen days from the date of this order to comply with the provisions of NRAP 9(a). Appellants shall have one hundred and twenty days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Finally, it appears that respondents Bentar Inc., Bentar Limited Partnership, and Amador (Chi Chi) Bengochea are not proper parties to this appeal, which concerns a declaration of uninsured motorist coverage between appellants and their insured, respondent Nationwide Insurance Company. Accordingly, we direct the clerk of this court to remove respondents Bentar Inc., Bentar Limited Partnership, and Bengochea from the caption on this court's docket. If these respondents disagree with their removal as parties to this appeal, they shall so inform this court in writing within fifteen days from the date of this order. 05-09903
06/09/2005BriefFiled Opening Brief. 05-11331
06/09/2005AppendixFiled Appendix to Opening Brief. 05-11332
06/13/2005Notice/OutgoingIssued Notice to Request Transcripts.
06/22/2005Transcript RequestFiled Certificate of No Transcript Request. 05-12280
07/08/2005BriefFiled Answering Brief. 05-13598
07/08/2005AppendixFiled Appendix to Answering Brief. 05-13600
08/09/2005BriefFiled Reply Brief. 05-15714
03/13/2006MotionFiled Motion. Motion for Expedited Hearing/Decision. 06-05333
03/21/2006Order/ProceduralFiled Order Granting Motion. to Expedite Appeal. This court will expedite the resolution to this appeal to the extent that its docket permits. 06-05996
04/19/2006Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 06-08209
04/19/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP
05/10/2006Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP06-MD/NB/RP 06-09812
06/06/2006RemittiturIssued Remittitur. 06-10231
06/06/2006Case Status Update Remittitur Issued/Case Closed.
06/22/2006RemittiturFiled Remittitur. Received by County Clerk on June 9, 2006. 06-10231