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United States Court Cases

Nevada Supreme/Appellate Court Record

VOLVO CARS OF NORTH AMERICA VS. RICCI (NRAP 5)

Case Information: 45439
Short Caption:VOLVO CARS OF NORTH AMERICA VS. RICCI (NRAP 5)Court:Supreme Court
Lower Court Case(s):NONEClassification:Original Proceeding - NRAP 5 - U.S. District Court
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/14/2006 at 1:30 PMOral Argument Location:Carson City
Submission Date:06/14/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/17/2005Filing Fee Filing Fee due.
06/17/2005Order/IncomingFiled Order Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada. 05-12032
06/24/2005Filing FeeReceived Filing Fee Paid on Filing. $125.00 from Peter Chase Neumann - check no. 008790.
06/29/2005Order/ProceduralFiled Order. This is a certified question under NRAP 5 from the United States District Court, District of Nevada. We conclude that briefing is appropriate in this case. Appellants shall have 30 days from the date of this order to file and serve an opening brief and appendix in compliance with the Nevada Rules of Appellate Procedure. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-12852
07/06/2005Order/ProceduralFiled Order. to Pay Filing Fee. On June 24, 2005, appellants tendered to the clerk of this court a check in the amount of $125.00, as payment for one half of the required filing fee. See NRAP 3(f). As the filing fee has not been fully paid, respondents shall have 10 days from the date of this order to submit to the clerk of this court the other half of the filing fee. 05-13361
08/03/2005Order/ProceduralFiled Order. to pay Filing Fee. This case involves a question certified to this court from the United States District Court, District of Nevada. See NRAP 5. On June 24, 2005, appellants tendered to the clerk of this court a check in the amount of $125.00, as payment for one half of the required filing fee. To date, respondents have failed to comply with the order of July 6, 2005, or otherwise communicate with this court. We again direct respondents to submit to the clerk of this court the other half of the filing fee within 10 days from the date of this order. Failure to comply with this order may result in the imposition of sanctions. 05-15438
08/12/2005Filing FeeReceived Filing Fee Paid on Filing. $125.00 from Gregory W. Marsh-check no. 2661.
08/15/2005Notice/OutgoingIssued Notice to Transmit Required Document. Due Date: 15 days (Opening Brief).
08/22/2005Letter/IncomingFiled Letter. from attorney Peter chase Neumann in response to "Notice to file Opening Brief." 05-16649
08/26/2005Letter/IncomingFiled Letter. from attorney Greg W. Marsh in response to letter filed on 8/22/05. 05-17013
09/08/2005Order/ProceduralFiled Order. Changing Designation of Parties and Establishing New Briefing Schedule. On August 22, 2005, counsel for the Riccis filed a letter arguing that the Riccis should not have been designated the appellants in this case. On August 26, 2005, counsel for Volvo filed a letter that his clients will agree to be designated as appellants if they are allowed 45 days to file the opening brief. We grant the parties' requests. The clerk shall amend the caption of this matter by designating Volvo Cars of North America, Inc.; Volvo Car Corporation; and Ab Volvo, as the appellants, and Patrick A. Ricci and Patricia Ricci, Husband and Wife, as respondents. We further vacate the briefing schedule set forth in our June 29, 2005, order and establish a new briefing schedule. Volvo shall have 45 days from the date of this order to file and serve an opening brief and appendix in compliance with the Nevada Rules of Appellate Procedure. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-17777
09/23/2005MotionFiled Motion. Motion to Associate Counsel. 05-18994
10/21/2005MotionFiled Motion. Motion of the Product Liability Advisory Council, Inc. for Leave to File a Brief as Amicus Curiae. 05-20937
10/24/2005BriefFiled Opening Brief. 05-20983
10/24/2005AppendixFiled Joint Appendix. 05-20985
11/18/2005MotionFiled Stipulation and Order. Brief due: December 23, 2005. 05-22860
11/28/2005Order/ProceduralFiled Order Granting Motion. The Advisory Council has filed a motion to appear as amicus curiae in support of appellants. We grant the unopposed motion. The clerk shall file the amicus brief received on October 21, 2005. Respondents may file and serve a single answering brief to appellants' opening brief and the Advisory Council's amicus brief. We grant the motion to associate California attorney Harvey M. Grossman. Mr. Grossman shall be permitted to appear on behalf of the Advisory Council in this matter. Nevada attorney Charles W. Spann shall be responsible for all matters presented by Mr. Grossman. 05-23237
11/28/2005BriefFiled Amicus Brief. Brief of the Product Liability Advisory Council, Inc. as Amicus Curiae in Support of Appellants. 05-20938
12/20/2005MotionFiled Motion to Extend Time. 05-24728
12/21/2005MotionFiled Response to Motion. Opposition to Motion for Enlargement of Time to File Answering Brief. 05-24825
01/10/2006Order/ProceduralFiled Order Granting Motion. Answering brief due: January 23, 2006. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 06-00618
01/23/2006MotionFiled Motion. Motion for Leave to File Bief of the Nevada Trial Lawyers Association as Amicus Curiae in Support of Position of Respondents. 06-01679
01/24/2006MotionFiled Motion and Order/Excess Pages. Granted: 32 pages. 06-01708
01/24/2006BriefFiled Answering Brief. 06-01709
01/24/2006AppendixFiled Appendix to Answering Brief. 06-01710
03/02/2006Case Status Update Briefing Completed. No reply brief filed.
03/17/2006Order/ProceduralFiled Order. Directing Supplemental Brief. Appellants shall have 20 days from the date of this order to file a supplemental brief, limited to 10 pages. 06-05740
03/20/2006Order/ProceduralFiled Order Granting Motion. to File Amicus Curiae Brief. The clerk shall file the amicus brief received on January 23, 2006. Appellants shall have 20 days from the date of this order to file and serve an answer to NTLA's amicus brief. Briefing in this appeal shall be completed upon filing of appellants' answer to NTLA's amicus brief. 06-05867
03/20/2006BriefFiled Amicus Brief. Amicus Curiae Brief of the Nevada Trial Lawyers Association. 06-01680
04/03/2006MotionFiled Motion to Extend Time. 06-06894
04/05/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the reply brief and appendix received on April 4, 2006. 06-07098
04/05/2006BriefFiled Reply Brief. 06-06895
04/05/2006AppendixFiled Appendix to Reply Brief. 06-06896
04/18/2006Order/ProceduralFiled Order. Re: Briefing. As appellants' reply brief addresses the concerns expressed in our March 17, 2006, order directing appellants to file a supplemental brief, we vacate that order. The briefing of this appeal is concluded. 06-08111
05/04/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 14, 2006, at 1:30 p.m. (En Banc)
05/30/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
06/14/2006Case Status Update Submitted for Decision. To the En Banc Court. EN BANC
07/13/2006Opinion/DispositionalFiled Authored Opinion. "Question declined." Before the Court EN BANC. Author: Gibbons, J. We concur: Rose, C.J., Becker, Maupin, Douglas, Hardesty and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 64. EN BANC. 06-14530
08/08/2006RemittiturIssued Remittitur. 06-16273
08/08/2006Case Status Update Remittitur Issued/Case Closed.
05/03/2007RemittiturFiled Remittitur. Received by U.S. District Court Clerk on August 9, 2006. 06-16273
11/13/2007OtherOther. Filed Affidavit of Court Recorder Robyn K. Richards stating that the corrected transcript of the oral argument held on June 14, 2006, is an accurate and true transcription of the audio recording. (Mailed copies of affidavit, transcript, and certificate of court reporter with Original Clerk's Certificate to Greenberg Traurig LLP.) 07-24751