ROCKER VS. KPMG OF GRAND CAYMAN ISLANDS - Nevada Supreme/Appellate Court Record

Case Information: 43597
Short Caption:	ROCKER VS. KPMG OF GRAND CAYMAN ISLANDS	Court:	Supreme Court
		Related Case(s):	44384 , 45013 , 46671
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A468651 Clark Co. - Eighth Judicial District - A470558	Classification:	Civil Appeal - General - Other
Disqualifications:	Hardesty, Parraguirre	Case Status:	Disposition Filed/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:	07/21/2004 / Saint-Aubin, Robert	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
07/14/2004	Filing Fee	Received Filing Fee Paid on Filing. $250.00 from Gerard Osuch & Cisneros LLP--check no. 1040.
07/14/2004	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.)		04-12785
07/14/2004	Filing Fee	Received Filing Fee Paid on Filing. $250.00 from Gerard & Osuch--(Beckley Singleton check no. 105550).
07/14/2004	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal.		04-12790
07/21/2004	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Robert F. Saint-Aubin. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/26/2004	Filing Fee	Returned Filing Fee. Check No. 1041 in the amount of $250 returned to Gerard Osuch & Cisneros LLP. (Filing fee previously paid.)
07/26/2004	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Amended/Supplemental.		04-13505
07/27/2004	Other	Disqualification of Justice Maupin. Thorndal Armstrong Delk Balkenbush & Eisinger (counsel in district court). 03/15/06--Justice Maupin no longer disqualified. See 3/15/06 notice of disqualification.
07/28/2004	Notice/Outgoing	Letter. Robert F. Saint-Aubin. (supplemental notice of appeal)
07/28/2004	Notice/Outgoing	Issued Letter. to Gerard & Osuch regarding refund of second filing fee. Only one filing fee was due in this matter.
08/02/2004	Docketing Statement	Filed Docketing Statement. (Submitted by counsel for appellant regarding KPMG of Grand Cayman Islands). Issued Notice to Provide Proof of Service on Settlement Judge.		04-13942
08/06/2004	Notice/Incoming	Filed Proof of Service. of Docketing Statement on Settlement Judge.		04-14313
08/10/2004	Docketing Statement	Filed Docketing Statement. (Submitted by counsel for appellant in regards to National Dealer Services). Issued notice to provide proof of service on settlement judge. (08/12/04--Received call from Pam at Gerard & Osuch. She included proof of service on settlement judge in the docketing statement.)		04-14444
08/11/2004	Docketing Statement	Filed Response to Docketing Statement. KPMG of Grand Cayman Island's Response to Docketing Statement filed on 08/02/04. Issued Notice to Provide Proof of Servic on Settlement Judge.		04-14515
08/16/2004	Letter/Incoming	Filed Letter. from attorney Steve Morris of law firm of Morris Pickering & Peterson. They represent respondent Milliman USA in this case.		04-14820
08/18/2004	Notice/Outgoing	Letter. Robert F. Saint-Aubin. (letter)
08/20/2004	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Amended/Supplemental.		04-15096
08/20/2004	Notice/Incoming	Filed Proof of Service. KPMG of Grand Cayman Islands' Response to Docketing Statement.		04-15105
08/24/2004	Notice/Outgoing	Letter. Amended Notice of Appeal sent to Robert F. Sain-Aubin.
09/08/2004	Docketing Statement	Filed Docketing Statement. (Submitted by counsel for appellant regarding Milliman USA).		04-16487
09/16/2004	Docketing Statement	Filed Response to Docketing Statement. Respondent Milliman's Response. Issued Notice to Provide Proof of Service on Settlement Judge.		04-17095
09/22/2004	Notice/Incoming	Filed Proof of Service. Amended Certificate of Service to Respondent Millimans's Response to Docketing Statement.		04-17583
09/30/2004	Settlement Program Report	Filed Interim Settlement Program Report. Recommendation of Removal from Settlement Program.		04-18136
11/22/2004	Settlement Program Report	Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.		04-21441
12/20/2004	Settlement Order/Procedural	Filed 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); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1).		04-23127
01/14/2005	Motion	Filed Motion to Extend Time. To file Request for Transcripts.		05-00898
01/14/2005	Notice/Incoming	Filed Proof of Service. Motion for Extension of Time and Request for Transcripts served on Settlement Judge.		05-00900
01/20/2005	Order/Clerk's	Filed Clerk's Order Granting Motion. filed Januay 14, 2005. The clerk shall file the transcript request form received on Januay 14, 2005.		05-01250
01/20/2005	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: April 30, 2004 (KPMG); April 30, 2004 (National Dealer Services); April 30, 2004 (Milliman USA, Inc.). To Court Reporter: Yvonne Valentine.		05-00899
01/27/2005	Notice/Incoming	Filed Notice. Notice of Request for Additional Transcripts.		05-01789
01/31/2005	Transcript Request	Filed Request for Transcript of Proceedings. Two transcript request forms filed. Transcripts requested: 11/12/04, 02/12/04, and 04/01/04. To Court Reporter: Yvonne Valentine.		05-01949
04/04/2005	Motion	Filed Motion and Order Extending Time. Brief due: May 19, 2005.		05-06590
05/20/2005	Motion	Filed Motion to Extend Time.		05-10029
05/27/2005	Motion	Filed Motion to Dismiss Appeal. Milliman, USA, Inc.'s Motion to Dismiss Appeal for Lack of Jurisdiction and Opposition to Plaintiff's Motion to Extend Time.		05-10469
05/27/2005	Motion	Filed Response to Motion. Respondent KPMG's Memorandum of Points and Authorities in Opposition to Appellant's Motion to Extend Time.		05-10470
06/01/2005	Motion	Filed Response to Motion. National Dealer Services Joinder in Defendant Milliman, USA, Inc's Opposition to Appellant's Motion to Extend Time.		05-10707
07/12/2005	Motion	Filed Motion to Extend Time. Appellants' Motion to Extend Time to Respond to Milliman USA, Inc.'s Motion to Dismiss Appeal for Lack of Jurisdiction, and for Permission to Reply to Milliman USA, Inc.'s Opposition to Plaintiffs' Motion to Extend Time and National Dealer Services' Joinder Thereto.		05-13770
07/25/2005	Motion	Filed Response to Motion. Milliman, USA, Inc.'s Opposition to Plaintiffs' Motion to Extend Time.		05-14741
10/14/2005	Order/Procedural	Filed Order. Appellants: 10 days to file and serve a response to Milliman's motion to dismiss. The briefing schedule is suspended. We deny as moot appellants' motion for an extension of time to file the opening brief and motion for permission to file a reply in support of that motion.		05-20373
10/26/2005	Motion	Filed Response to Motion. Appellant's Opposition to Milliman, USA, Inc.'s Motion to Dismiss Appeal for Lack of Jurisdiction and Opposition to Plaintiff's Motion to Extend Time.		05-21224
10/27/2005	Notice/Incoming	Filed Notice. Appellants' Request for Judicial Notice.		05-21355
11/15/2005	Other	Disqualification of Justice Parraguirre. Law firm of Harrison Kemp & Jones, LLP.
11/17/2005	Motion	Filed Response to Motion. Milliman USA, Inc.'s Response to Appellants' Request for Judicial Notice.		05-22693
12/01/2005	Other	Returned Mail. Notice issued 11/15/05 addressed to Greco Traficante & Edwards returned. Remailed to same address with update law firm name.
12/21/2005	Order/Procedural	Filed Order. Order Partially Dismissing Appeal and to Show Cause. We grant respondent Milliman USA's motion, and dismiss appellants' appeal against Milliman USA only. Show cause from appellants due: 30 days. The briefing schedule shall remain suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellants' response is served. fn11[We deny as moot appellants' request that we take judicial notice of a California Superior Court order denying Milliman Inc.'s demurrer to appellants' third amended complaint in that court.]		05-24807
01/25/2006	Motion	Filed Motion to Extend Time. Appellant's Motion to Extend Time.		06-01859
01/30/2006	Motion	Filed Response to Motion. KPMG's Opposition to Appellant's Motion for Extension of Time.		06-02165
02/08/2006	Motion	Filed Motion. National Dealer Services' Joinder to KPMG's Opposition to Appellants' Motion for Extension of Time and National Delaer Services' Opposition to Appellants' Motion to Extend Time.		06-02828
02/23/2006	Order/Procedural	Filed Order Granting Motion. to extend time to file an answer. fn1[We direct the clerk to amend the caption on this court's docket to conform to the caption on this order.] Response from appellants due: 30 days.		06-03966
03/15/2006	Other	Disqualification of Justice Hardesty. Sat in related district court proceedings.
03/15/2006	Notice/Outgoing	Issued Notice of Justice Disqualification. James W. Hardesty has voluntarily recused himself from participation in this matter because he made substantive rulings in a related matter. Justice Maupin was improperly disqualified from participation in this matter because the law firm of Thorndal, Armstrong, Delk, Balkenbush & Eisinger represents a party below. However, it was determined upon further review that this party is not participating in the matter before this court.
03/24/2006	Motion	Filed Response to Order to Show Cause. Appellant's Response to the Supreme Court's Order to Show Cause.		06-06304
04/27/2006	Order/Procedural	Filed Order/Briefing Reinstated. Appellants' appeal from the orders dismissing NDS and KPMG may proceed. fn1[We allow this appeal to proceed only as to the two properly certified orders dismissing respondents.] We reinstate the briefing schedule as follows. Transcripts due: 30 days. Opening brief and appendix due: 60 days.		06-08905
05/08/2006	Motion	Filed Response to Order to Show Cause. Response from Court Reporter Yvonne Valentin re: requested transcripts.		06-09583
06/16/2006	Motion	Filed Stipulation/Dismiss Appeal. Stipulation to Dismiss with Prejudice as to Respondent National Dealer Services.		06-12614
06/29/2006	Brief	Filed Opening Brief. Issued Notice to Provide Proof of Service on Respondent National Dealer Services.		06-13453
06/29/2006	Notice/Outgoing	Issued Notice of Deficient Appendix. Returned Unfiled Appellants Appendix, Vols. 1 and 2. Corrected appendix due: 10 days.
07/12/2006	Appendix	Filed Appendix to Opening Brief. Vols. 1 and 2.		06-14377
07/12/2006	Notice/Incoming	Filed Proof of Service. - Opening Brief and Appendix.		06-14378
08/14/2006	Brief	Filed Answering Brief. Respondent KPMG.		06-16960
10/20/2006	Order/Procedural	Filed Order. Order Partially Dismissing Appeal and Regarding Transcripts. Pursuant to the stipulation of the parties, this appeal is dismissed as to respondent National Dealer Services. The parties shall bear their own costs and attorney fees. As appellants requested transcripts for proceedings filed in district court prior to the docketing of this appeal and for a date in which no proceedings were conducted, Ms. Valentin is not required to file those transcripts (February 12, 2004, April 1, 2004, April 30, 2004 and November 12, 2004-no proceedings.)		06-21612
01/08/2007	Order/Procedural	Filed Order. Regarding Reply Brief. It appears appellants may have been waiting for a briefing schedule from this court after the dismissal of respondent National Dealer Services. Reply due: 20 days.		07-00438
01/31/2007	Brief	Filed Reply Brief.		07-02514
05/22/2007	Motion	Filed Stipulation/Dismiss Appeal.		07-11305
06/06/2007	Order/Dispositional	Filed Stipulated Dismissal. Pursuant to the stipulation of the parties, " . . . we dismiss this appeal." The parties shall bear their own costs and attorney fees. NRAP 42(b). SNP07-MG/MD/MC		07-12292
06/06/2007	Case Status Update	Case Closed. No remittitur issued.