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United States Court Cases

Nevada Supreme/Appellate Court Record

H & L WELLS, LTD. VS. WELLS

Case Information: 45979
Short Caption:H & L WELLS, LTD. VS. WELLSCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0501092Classification:Civil Appeal - General - Venue
Disqualifications:ParraguirreCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice ParraguirrePanel Assigned: Panel
To SP/Judge:10/04/2005 / Weise, CathySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/19/2007How Submitted:On Briefs
Expedited

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/21/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Woodburn & Wedge--check no. 075387.
09/21/2005Notice 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.) 05-18738
09/26/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Peel Brimley LLP--check no. 10180.
09/26/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Howard A. Wells, Jr. and Guy Wells.) (Docketing statement mailed to counsel for appellant.) 05-19088
10/04/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Cathy Valenta Weise . (Briefing and preparation of transcripts suspended pending further order of this court.)
10/06/2005Docketing StatementFiled Docketing Statement. Appellants H & L Wells Ltd. and Wells Cargo. 05-19809
10/14/2005Docketing StatementFiled Response to Docketing Statement. Response to H & L Wells, Ltd. And Wells Cargo Inc.'s Docketing Statement. 05-20340
10/17/2005Docketing StatementFiled Docketing Statement. Appellants Howard Wells and Guy Wells. 05-20414
10/24/2005MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal of Howard A. Wells, Jr. and Guy Wells. 05-21012
11/02/2005MotionFiled Response to Motion. Opposition to Respondents' Motion to Dismiss Appeal of Guy and Howard Wells. 05-21590
11/03/2005MotionFiled Motion. In Opposition to Respondents' Motion to Dismiss Appeal of Guy and Howard Wells. 05-21790
11/10/2005Order/ProceduralFiled Order Denying Motion. to dismiss this appeal for lack of jurisdiction. This denial is without prejudice to the right to renew the motion upon completion of settlement proceedings. 05-22145
11/14/2005MotionFiled Motion for Permission to File Document. Respondents' Request for Permission to File Reply to Opposition to Respondent's Motion to Dismiss. 05-22347
01/13/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: January 30, 2006. 06-00976
02/13/2006Order/ProceduralFiled Order. As the motion to dismiss was denied on November 10, 2005, we deny respondents' request to file a reply as moot. 06-03173
03/06/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 24, 2006. 06-04856
05/01/2006Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 7, 2006. 06-09103
05/10/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 06-09831
05/17/2006Settlement 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. Each appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening briefs and appendices. Briefing shall proceed in accordance with NRAP 31(a)(1). 06-10398
06/05/2006Transcript RequestFiled Request for Transcript of Proceedings. Appellants H & L Wells Ltd. and Wells Cargo. Transcripts requested: 05/20/06. To Court Reporter: Peggy Hoogs & Associates. 06-11671
06/08/2006TranscriptFiled Transcript. Proceedings: May 20, 2005. Court Reporter: Dawn B. Gustin. 06-12055
06/12/2006Notice/OutgoingIssued Notice to Request Transcripts. Appellants Howard Wells and Guy Wells.
06/19/2006Transcript RequestFiled Certificate of No Transcript Request. Appellants Howard Wells and Guy Wells 06-12754
08/17/2006MotionFiled Stipulation and Order. (Appellants H & L Wells Ltd., Wells Cargo, Howard Wells and Guy Wells). Brief due: August 18, 2006. 06-17199
08/22/2006BriefFiled Opening Brief. Appellant's Joint Opening Brief. [12/30/06 order--"The clerk shall strike lines 6-25 on page 16 and lines 1-8, starting with the first full sentence, on page 18 of the opening brief as those pages are completely devoid of references to the record."] 06-17472
08/22/2006AppendixFiled Joint Appendix. Vols. 1 through 4. 06-17473
09/13/2006Notice/IncomingFiled Substitution of Attorneys. Santoro, Driggs, Walch, Kearney, Johnson & Thompson in place and stead of Peel Brimley, LLP, as counsel for appellants Howard A. Wells Jr. and Guy M. Wells. 06-18919
09/19/2006MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. 06-19293
09/19/2006BriefFiled Answering Brief. (See 12/30/06 order striking portions of this brief--"the clerk shall strike the entirety of page 29 and lines 1-6 on page 30 of the answering brief, including footnotes 12, 13 and 14 contained therein.") 06-19294
09/19/2006AppendixFiled Appendix to Answering Brief. 06-19295
09/19/2006MotionFiled Motion. Motion to Supplement Appellate Record. 06-19296
09/19/2006AppendixReceived Appendix. Respondents' Supplemental Index. (Returned, unfiled per 12/30/06 order.) 06-19297
09/21/2006Notice/IncomingFiled Proof of Service. Substitution of Attorneys. 06-19463
10/25/2006BriefFiled Reply Brief. Appellant's Joint Reply Brief.clerk2 02/06/07 Order: joint reply brief stricken.jcr 06-21933
10/25/2006AppendixFiled Joint Appendix. Reply Appendix. STRICKEN per 12/30/06 order. 06-21934
10/25/2006MotionFiled Motion to Strike. Appellant's Motion to Strike Portions of the Respondents' Brief and Motion to Supplement Record. 12/30/06 order--"the clerk shall strike the copy of the joint reply appendix that is attached to appellants' motion to strike." 06-21935
11/03/2006MotionFiled Response to Motion. Opposition to Appellant's Motion to Strike Portions of Respondents' Brief and Motion to Supplement Appellate Record. 06-22526
12/30/2006Order/ProceduralFiled Order. we deny respondents' motion to supplement the record with evidence outside the district court record. Further, we deny appellants' alternative motion to supplement the record with the joint reply appendix. However, we grant appellants' motion to strike, to the following extent. The clerk shall return, unfiled, respondents' supplemental appendix received on September 19, 2006, and shall strike the entirety of page 29 and lines 1-6 on page 30 of the answering brief, including footnotes 12, 13 and 14 contained therein. The clerk shall also strike lines 6-25 on page 16 and lines 1-8, starting with the first full sentence, on page 18 of the opening brief as those pages are completely devoid of references to the record. See NRAP 28(e) ('Every assertion in briefs regarding matters in the record shall be supported by a reference to the page of the transcript or appendix where the matter relied on is to be found.') Further, the clerk shall strike 'Appellants' Joint Reply Appendix' and the copy of the joint reply appendix that is attached to appellants' motion to strike. Finally, we caution the parties that this court will disregard any other sections of the briefs that improperly reference evidence not considered by the district court or make assertions without citing to the record, and will disregard any other portions of the appendices that contain documents not considered by the district court. 06-26752
12/30/2006Other Returned Unfiled Document. Respondents' Supplemental Index (Returned, unfiled per 12/30/06 order.) 06-19297
12/30/2006Other Other. STRICKEN: The clerk shall strike the entirety of page 29 and lines 1-6 on page 30 of the answering brief, including footnotes 12, 13 and 14 contained therein. The clerk shall also strike lines 6-25 on page 16 and lines 1-8, starting with the first full sentence, on page 18 of the opening brief and the copy of the joint reply appendix that is attached to appellants' motion to strike.
02/06/2007Order/ProceduralFiled Order. Striking Appellants' Joint Reply Brief and Directing Appellants to file a Corrected Joint Reply brief. We strike appellants' joint reply brief. Appellants shall have 15 days from the date of this order to file and serve a corrected reply brief. 07-02961
02/22/2007BriefFiled Amended Brief. Appellants' Corrected Joint Reply Brief. 07-04252
05/23/2007Notice/OutgoingIssued Notice of Justice Disqualification. Justice Parraguirre. (relationship with a party) 07-11327
06/19/2007Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, 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. 07-13389
06/19/2007Case Status Update Submitted for Decision.
07/20/2007Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP07-WM/JH/NS 07-15913
08/14/2007RemittiturIssued Remittitur. 07-16284
08/14/2007Case Status Update Remittitur Issued/Case Closed.
08/28/2007RemittiturFiled Remittitur. Received by County Clerk on August 22, 2007. 07-16284