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United States Court Cases

Nevada Supreme/Appellate Court Record

KELLY VS. HENDERSON

Case Information: 45463
Short Caption:KELLY VS. HENDERSONCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A408983Classification:Civil Appeal - General - Other
Disqualifications:Parraguirre, SaittaCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/29/2005 / Christensen, ThomasSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/19/2007How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/21/2005OtherDisqualification of Justice Parraguirre. Sat in district court proceedings.
06/21/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Victor Lee Miller-check no. 11090.
06/21/2005Notice 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.) 05-12214
06/29/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Thomas F. Christensen. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/20/2005Notice/OutgoingIssued Notice to Transmit Required Document. Due Date: 10 days (Docketing Statement).
08/01/2005Docketing StatementFiled Docketing Statement. 05-15197
08/17/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-16339
08/22/2005Settlement 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); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-16577
09/06/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/09/04. To Court Reporter: Jo Anne Pierpont. 05-17581
09/19/2005TranscriptFiled Transcript. Proceedings: August 3, 2004, August 5, 2004 and August 9, 2004. Court Reporter: Florence Hoyt. 05-18596
11/21/2005MotionFiled Stipulation and Order. Brief due: December 21, 2005. 05-22954
12/27/2005BriefFiled Opening Brief. 05-25233
12/27/2005AppendixFiled Joint Appendix. 05-25234
01/03/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/09/04. To Court Reporter: Jo Anne Pierpont. 06-00130
01/05/2006Transcript RequestFiled Request for Transcript of Proceedings. Request for Additional Transcript of Proceedings submitted by respondent counsel. 06-00268
01/09/2006MotionFiled Motion to Dismiss Appeal. or for an Amended Briefing Schedule. 06-00554
01/23/2006MotionFiled Motion to Dismiss Appeal. or for an Amended Briefing Schedule. 06-01681
01/30/2006MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal or for an Amended Briefing Schedule. 06-02156
01/30/2006MotionFiled Motion and Order Extending Time. Brief due: February 27, 2006. 06-02220
02/03/2006MotionFiled Response to Motion. Notice of Non Opposition. 06-02566
03/22/2006MotionFiled Motion. Motion for Extension of Time or to Issue Ruling on Prior Motion. 06-06087
03/31/2006Order/ProceduralFiled Order. we deny the portion of respondents' motion that requests dismissal of this appeal. Ms. Pierpont shall have 20 days from the date of this order to prepare and file the requested transcripts. We grant respondents' motion for additional time to prepare the answering brief. Brief due: 40 days. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 06-06776
04/03/2006Order/ProceduralFiled Order Denying Motion. as Moot. As our order filed on March 31, 2006, resolved the motion and granted respondents additional time to file their answering brief, we deny the March 22, 2006, motion as moot. 06-06884
04/17/2006Letter/IncomingFiled Letter. from Court Recorder Paula Walsh regarding transcipts - in response to 3/31/06 order. 06-07989
04/21/2006MotionFiled Motion to Extend Time. 06-08496
05/03/2006Order/ProceduralFiled Order. Regarding Transcripts. Given Ms. Pierpont's representations that a deposit for the requested transcripts has not been paid, she is not obligated to file the requested transcripts with this court. Appellants shall have 10 days to pay the required deposit to Ms. Pierpont and file proof of such payment with this court or inform this court of the status of the requested transcripts. In the event appellants pay the deposit, Ms. Pierpont shall have 30 days from the date of this order to file certified copies of the transcripts with this court. 06-09252
05/05/2006TranscriptFiled Transcript. Proceedings: Defendant's Opening Statement-Tuesday, August 3, 2004 and Defendant's Closing Argument-Tuesday, August 9, 2004. Court Reporter: Jo Anne Pierpont. 06-09149
05/15/2006MotionFiled Motion to Extend Time. 06-10123
05/25/2006TranscriptFiled Transcript. Proceedings: August 3, 2004, August 4, 2004, August 5, 2004 and August 9, 2004. Court Reporter: JoAnne Pierpont. 06-11127
06/28/2006Order/ProceduralFiled Order. To date, appellant has failed to file proof of payment for the transcripts or otherwise communicate with this court regarding the status of the transcripts. It appears that all transcripts that have been requested in this appeal have now been filed. Appellant is no longer required to file proof of payment for the transcripts. Respondents shall have until July 3, 2006, to file and serve the answering brief. 06-13331
07/05/2006BriefFiled Answering Brief. 06-13831
07/31/2006MotionFiled Stipulation and Order. Brief due: August 31, 2006. 06-15918
09/05/2006BriefFiled Reply Brief. clerk2 02/02/07 order: reply brief stricken.jcr 06-18269
11/28/2006OtherDisqualification of Justice Saitta. Sat in district court proceedings.
12/19/2006MotionFiled Motion to Strike. Motion to Strike References in Appellant's Brief Not Supported by the Record. 06-25916
02/02/2007Order/ProceduralFiled Order. Re: Respondents' Motion to Strike. On December 19, 2006, respondents filed a motion to strike portions of appellant's opening and reply briefs. We decline to strike portions of the opening brief, in reviewing this appeal, this court will disregard all references to the studies involving rear end collisions and other technical matters that were not presented to the district court. The clerk shall strike the reply brief in its entirety and appellant shall file, within 10 days, an amended reply brief. 07-02752
03/23/2007Order/ProceduralFiled Order. Re: Amended Reply Brief. On March 2, 2007, appellant submitted an untimely amended reply brief. The brief was not accompanied by a motion to enlarge the time for filing. In the interest of judicial efficiency, we direct the clerk to file the amended reply brief received on March 2, 2007. 07-06605
03/23/2007BriefFiled Reply Brief. Appellant's Amended Reply Brief.clerk1 04/30/07 Order: portions of amended reply brief stricken.jcr 07-05075
04/23/2007MotionFiled Motion to Strike. Reference in Appellant's Amended Brief to Matters not Supported by the Record and for Appropriate Sanction. 07-09016
04/30/2007Order/ProceduralFiled Order Granting Motion. to Strike Portions of Amended Reply Brief. In an order entered March 23, 2007, this court directed the clerk to file the amended reply brief. On April 23, 2007, respondents filed a motion to strike portions of appellant's amended reply brief. We grant respondents' motion. The clerk shall strike that portion of the amended reply brief at lines 10-27 on page 5, all of pages 6 and 7, and lines 1 through 23 on page 8. The clerk shall also strike that portion of the amended reply brief beginning at line 21 on page 13 through line 3 on page 14. Respondents also "ask for a consideration of sanctions" against appellant. We decline to impose sanctions at this time. Appellant's counsel is warned that continued failure to comply with this court's orders may result in the imposition of sanctions. 07-09643
07/19/2007Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the SNP Panel as of the date of this order on the briefs filed herein. 07-15721
07/19/2007Case Status Update Submitted for Decision. SNP07-mg/md/mc.
09/28/2007Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP07-MG/MD/MC 07-21465
10/23/2007RemittiturIssued Remittitur. 07-22183
10/23/2007Case Status Update Remittitur Issued/Case Closed.
11/01/2007RemittiturFiled Remittitur. Received by County Clerk on October 29, 2007. 07-22183