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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 43969
Short Caption:DESTEFANO VS. BERKUSCourt:Supreme Court
Related Case(s): 43851
Lower Court Case(s):Clark Co. - Eighth Judicial District - A489970Classification: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:

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Docket Entries
09/20/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Harold P. Gewerter, Esq., Ltd.--check no. 3459.
09/20/2004Notice 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.) 04-17367
10/01/2004MotionFiled Motion for Stay. Appellant's Emergency Motion to Stay Order Pending Appeal; Request for Order Shortening Time. 04-18172
10/01/2004Order/ProceduralFiled Order/Show Cause. Destefano shall have 20 days from the date of this order within which to show cause why this appeal should not be dismissed as moot. Respondent may file any reply within 10 days from the date that Destefano's response is served. fn3[We defer ruling on Destefano's October 1, 2004 motion for stay, pending our receipt of his response to this show cause order.] 04-18200
10/04/2004Docketing StatementFiled Docketing Statement. 04-18256
10/20/2004MotionFiled Response to Order to Show Cause. Appellant Mark Destefano's Response to Order to Show Cause. 04-19374
11/02/2004MotionFiled Reply to Response. Respondents' Points and Authorities Regarding the Court's Order to Show Cause. 04-20172
11/08/2004Order/ProceduralFiled Order. Allowing Appeal to Proceed. Our preliminary review of this appeal revealed that this appeal be moot. Accordingly, we ordered appellant to show cause why this appeal should be dismissed as moot. Appellant's response to our show cause order indicates that he is challenging the validity of NRS 281.050, and he is not arguing that his name should be placed back on the general election ballot, we conclude that this appeal is not moot. We allow this appeal to proceed. Appellant shall have 15 days from the date of this order to comply with NRAP 9(a), and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn3[We deny appellant's October 2004 motion for stay.] 04-20490
11/19/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 17, 2004, August 26, 2004, September 7, 2004 and October 12, 2004. To Court Reporter: Sonia L. Riley. 04-21376
12/08/2004TranscriptFiled Transcript. Proceedings: 9/7/04. Court Reporter: Sonia L. Riley. 04-22432
12/08/2004Letter/IncomingFiled Letter. from Court Reporter Sonia Riley. Transcripts were not recorded for 8/17/04, 8/26/04, and 10/12/04. 04-22433
03/08/2005BriefFiled Opening Brief. 05-04569
03/08/2005AppendixFiled Appendix to Opening Brief. 05-04571
04/08/2005BriefFiled Answering Brief. 05-06935
05/06/2005BriefFiled Reply Brief. 05-08913
09/22/2005Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." fn1[We have determined that oral argument is not warranted in this case.] Before the Court EN BANC. Author: Per Curiam. Majority: Becker, C.J., Rose, Maupin, Gibbons, Douglas, Hardesty, and Parraguirre, JJ. 121 Nev. Adv. Opn. No. 62. EN BANC. 05-18807
10/18/2005RemittiturIssued Remittitur. 05-19225
10/18/2005Case Status Update Remittitur Issued/Case Closed.
10/26/2005RemittiturFiled Remittitur. Received by County Clerk on October 20, 2005. 05-19225