| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 07/15/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Hamilton & McMahon Ltd.--check no. 11477. | | |
| 07/15/2003 | Notice of Appeal Documents | Filed 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.) | | 03-11918
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| 07/22/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Robert G. Berry. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 07/28/2003 | Docketing Statement | Filed Docketing Statement. | | 03-12645
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| 07/29/2003 | Notice/Outgoing | Letter. Robert G. Berry. (docketing statement) | | |
| 12/15/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-20841
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| 12/22/2003 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time 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). | | 03-21220
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| 01/07/2004 | Motion | Filed Stipulation. Stipulation for Partial Dismissal of Appeal with Prejudice. | | 04-00365
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| 01/21/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-01197
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| 01/22/2004 | Order/Procedural | Filed Order/Show Cause. Appellants shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. We also note that if, in response to this order, appellants obtain a final judgment though a formal order disposing of any claim, they must then file an amended notice of appeal within the time stated in NRAP 4(a)(1). fn2[Under NRAP 4(a)(4), no additional filing fee would be required for such an amended notice of appeal.] The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply within ten days from the date that appellants' response is serve. | | 04-01295
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| 02/02/2004 | Order/Procedural | Filed Order. Approving Stipulation and Partially Dismissing Appeal. Pursuant to the stipulation of the parties and, cause appearing, appellants Robert Nielsen, John Gezelin, and Cloyd Phillips are dismissed from this appeal with prejudice. NRAP 42(b). Appellant Northwest Partners, L.P., shall have until February 23, 2004, to file a response to the Order to Show Cause entered on January 22, 2004. | | 04-02048
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| 02/18/2004 | Motion | Filed Motion. Motion for Leave to Comply with Order to Show Cause. | | 04-03154
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| 03/04/2004 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed February 18, 2004. Appellant shall have until March 24, 2004, to comply with this court's January 22, 2004, order to show. | | 04-04056
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| 03/24/2004 | Motion | Filed Response to Order to Show Cause. | | 04-05546
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| 04/05/2004 | Notice/Incoming | Filed Notice. Notice of Entry of Order Correcting Caption of Stipulation and Order of Judgment. | | 04-06241
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| 04/09/2004 | Order/Procedural | Filed Order/Briefing Reinstated. When our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(e) revealed a potential jurisdictional defect, we directed appellant Northwest Partners to show cause why this appeal should not be dismissed for lack of jurisdiction. Northwest Partners filed a timely response. The district court certified the order as final under NRCP 54(b). We therefore conclude that the jurisdictional defect has been cured, and that this appeal may proceed. fn2[The appeals of appellants Nielsen, Gezelin and Phillips were dismissed with prejudice on February 2, 2004; Northwest Partners, L.P., is the sole remaining appellant.] Northwest Partners shall have 70 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). | | 04-06624
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| 04/26/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 04-07601
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| 05/17/2004 | Motion | Filed Stipulation/Dismiss Appeal. Stipulation for Partial Dismissal of Appeal with Prejudice. | | 04-09118
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| 06/17/2004 | Brief | Filed Opening Brief. Opening Brief of Appellant Northwest Partners L.P. | | 04-11107
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| 06/17/2004 | Appendix | Filed Appendix to Opening Brief. | | 04-11108
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| 06/18/2004 | Notice/Incoming | Filed Proof of Service. (Appendix of Appellant Northwest Partners, LP). | | 04-11157
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| 06/24/2004 | Order/Clerk's | Filed Clerk's Order. Partially Dismissing Appeal. On May 17,2004, the parties filed a stipulation to dismiss the appeal from the two orders granting motions for determination of good faith settlement. Cause appearing. The parties' stipulation is approved. The appeal from the June 17, 2003, orders granting motions for determination of good faith settlement is dismissed. This appeal remains pending as to the June 17, 2003, order granting summary judgment. | | 04-11501
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| 07/08/2004 | Motion | Filed Stipulation and Order. Brief due: August 18, 2004. | | 04-12480
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| 08/18/2004 | Brief | Filed Answering Brief. Resondent Picerne Construction Corporation. | | 04-14905
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| 08/18/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-23619
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| 09/16/2004 | Brief | Filed Reply Brief. | | 04-17071
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| 09/16/2004 | Appendix | Filed Appendix to Reply Brief. | | 04-17072
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| 09/30/2004 | Motion | Filed Motion to Strike. | | 04-18113
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| 10/13/2004 | Motion | Filed Response to Motion. | | 04-18946
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| 11/17/2004 | Order/Procedural | Filed Order Denying Motion. Briefing for this appeal was completed on September 16, 2004, with the filing the reply brief of appellant Northwest Partners, L.P., a Nevada Limited Partnership (Northwest). fn1[Appellants Robert Nielsen, John Gezelin and Cloyd Phillips were dismissed from this appeal pursuant to the parties' stipulation on February 2, 2004.] Respondent Picerne has since moved to strike pages 14 through 18 of the reply brief in which Northwest has raised a judicial estoppel argument. Alternatively, Picerne moves for permission to file a supplemental brief addressing the issue. Northwest opposes Picerne's motion to strike and to file a supplemental brief. Finally, Northwest requests permission to file a responsive supplemental brief should this court grant Picerne leave to file a supplemental brief addressing the judicial estoppel issue. We conclude that it is premature at this time to determine whether the judicial estoppel argument in Northwest's reply brief is improperly raised. Accordingly, we deny the motion to strike. We further deny Picerne's motion for leave to file a supplemental brief addressing the judicial estoppel argument. We remind the parties that in resolving this appeal, this court will disregard any issue that is improperly raised on appeal or any factual matters or arguments improperly included in the parties' briefs. | | 04-21233
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| 01/03/2005 | Other | Disqualification of Justice Hardesty. Sat in district court proceedings. | | |
| 01/04/2005 | Motion | Filed Motion. | | 05-00172
|
| 01/04/2005 | Order/Procedural | Filed Order Denying Motion. as Moot. On January 4, 2005, appellant Northwest Partners, L.P., filed a motion seeking the disqualification of Justice Hardesty in this matter. NRAP 35. Justice Hardesty having recused himself voluntarily on this matter on January 3, 2005, we deny the motion as moot. As this motion is moot, we have not addressed the procedural sufficiency of the motion under NRAP 35. | | 05-00223
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| 01/06/2005 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | | |
| 07/06/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on September 13, 2005, at 8:30 a.m. (En Banc) | | |
| 08/31/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 09/13/2005 | Case Status Update | Submitted for Decision. Before the EN BANC Court. EN BANC | | |
| 12/07/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn6[The Honorable James W. Hardesty, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-NB/RR/WM/MG/MD/RP | | 05-23956
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| 01/03/2006 | Remittitur | Issued Remittitur. | | 06-00022
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| 01/03/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/19/2006 | Remittitur | Filed Remittitur. Received by District Court Clerk on January 4, 2006. | | 06-00022
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