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United States Court Cases

Nevada Supreme/Appellate Court Record

ST. PAUL FIRE & MARINE INS. VS. EMPLOYERS INS. CO. OF NEV. C/W 42621

Case Information: 43518
Short Caption:ST. PAUL FIRE & MARINE INS. VS. EMPLOYERS INS. CO. OF NEV. C/W 42621Court:Supreme Court
Consolidated: 42621 *, 43518
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0306265Classification:Civil Appeal - Administrative Agency - General
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:07/09/2004 / Worrell, CarolynSP Status:Completed
Oral Argument:06/14/2006 at 9:00 AMOral Argument Location:Carson City
Submission Date:06/14/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/29/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from J. Michael McGroarty, Chtd.--check no. 21158.
06/29/2004Notice 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.) 04-11948
07/09/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts suspended pending further order of this court.)
07/16/2004Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 04-12989
07/22/2004Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlement Judge. 04-13316
09/15/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 42621/43518-cases are not consolidated. 04-16992
09/23/2004Notice/OutgoingIssued Notice of Modification of Caption. (Added April Wessman as an appellant.) 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.
09/24/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Order Consolidating Appeals and Reinstating Briefing. We consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement of these matters. We reinstate the deadlines for requesting transcripts and filing briefs. Appellants: 15 days to comply with NRAP 9(a); 120 days to file and serve a single opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 42621/43518. (04-17729)
10/18/2004Order/ProceduralFiled Order/Show Cause. These are consolidated appeals from district court orders in actions instigated by respondent Employers Insurance Company of Nevada (EICN) to recover insurance benefits. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(e) reveals a potential jurisdictional defect in Docket No. 43518. fn1[We note that the appeal in Docket No. 42621 appears to be from a final written judgment in that matter.] Accordingly, appellants St. Paul Fire and Marine Insurance Company and April Wessman shall have 30 days from the date of this order within which to show cause why the appeal in Docket No. 43518 should not be dismissed for lack of jurisdiction. In responding to this order, appellants shall submit documentation that establishes this court's jurisdiction. We note that appellants may be able to cure the perceived jurisdictional defect in Docket No. 43518 by procuring an appropriate order resolving all outstanding claims and filing a timely amended notice of appeal. fn5[See NRAP 4(a)(4) (stating that no additional fees are required for a timely filed amended notice of appeal.] The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. EICN may file any reply within ten days from the date that appellants' response is served. Nos. 42621/43518. (04-19171)
10/19/2004TranscriptFiled Transcript. Proceedings: August 20, 2003. Court Reporter: Donna Davidson. Nos. 42621/43518 (04-19319). Filed in 42621.
11/18/2004MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. Nos. 42621/43518 (04-21279).
12/07/2004MotionFiled Motion to Extend Time. Motion for Late Filing of Respondent's Reply to Appellant's Response to Order to Show Cause. Nos. 42621/43518. [04-22332]
12/07/2004MotionReceived Reply to Response. EICN's Reply to Appellant's Response to Order to Show Cause. Nos. 42621/43518. [04-22335]
12/09/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed December 7, 2004. The clerk shall file the reply received on December 7, 2004. Nos. 42621/43518. (04-22521)
12/09/2004MotionFiled Reply to Response. EICN's Reply to Appellant's Response to Order to Show Cause. Nos. 42621/43518. (04-22335)
01/03/2005OtherDisqualification of Justice Hardesty. Sat in district court proceedings in consolidated case no. 42621.
03/21/2005Order/ProceduralFiled Order Granting Motion. Appellants shall have 20 days from the date of this order to provide this court with a copy of any district court order resolving their motion. We defer ruling on appellants' "final judgment" argument, and we caution appellants that the failure to perfect this court's jurisdiction will result in this court's dismissal of the appeal in Docket No. 43518. The requirements for requesting transcripts and the briefing schedule in this appeal shall remain suspended pending further order of this court. Nos. 42621/43518. (05-05494)
04/13/2005MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. Nos. 42621/43518 (05-07247).
04/20/2005MotionFiled Response to Order to Show Cause. Appellants' Supplemental Exhibit to Response to Order to Show Cause. Nos. 42621/43518. (05-07628)
04/29/2005Order/ProceduralFiled Order/Briefing Reinstated. We will construe appellants' notice of appeal as timely taken from the April 4, 2005 judgment under NRAP 4(a)((6), and we reinstate the briefing schedule in this appeal. Appellants shall have 15 days from the date of this order to request any additional transcripts and 100 days to file and serve a single opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a). Nos. 42621 / 43518. (05-08479)
05/23/2005Notice/OutgoingIssued Notice to Request Transcripts. Nos. 42621/43518.
06/06/2005Transcript RequestFiled Certificate of No Transcript Request. Nos. 42621/43518 (05-11050).
07/27/2005MotionFiled Stipulation and Order. Brief due: September 7, 2005. Nos. 42621/43518 [05-14927]
08/29/2005MotionFiled Motion to Extend Time. Motion to Extend Briefing Schedule. Nos. 42621/43518. (05-17134)
09/06/2005Order/ProceduralFiled Order Granting Motion. filed August 29, 2005. Appellants shall have until October 7, 2005, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 42621/43518. (05-17558)
10/10/2005BriefFiled Opening Brief. Nos. 42621/43518 (05-19927).
10/10/2005AppendixFiled Joint Appendix. Vols. 1 and 2. Nos. 42621/43518 (05-19928).
11/08/2005MotionFiled Stipulation and Order. Brief due: 12/9/05. Nos. 42621/43518 (05-22027).
12/12/2005BriefFiled Answering Brief. Respondent Employers Insurance Company of Nevada's Answering Brief. Nos. 42621/42618 (05-24267).
12/12/2005MotionFiled Motion. Motion to Supplement the Record. Nos. 42621/43518 (05-24268).
12/21/2005MotionFiled Response to Motion. Opposition to Motion to Supplement the Record. Nos. 42621/43518. [05-24829]
01/12/2006MotionFiled Stipulation and Order. Brief due: January 20, 2006. Nos. 42621/43518. [06-00836]
01/23/2006BriefFiled Reply Brief. Nos. 42621/43518 (06-01697).
02/21/2006Order/ProceduralFiled Order Denying Motion. to Supplement the Record. As the offered letters were not made part of the trial court record, they cannot be included in the appellate court record. We deny EICN's to supplement the record. This court will disregard any factual assertions in the briefs that are not properly supported by references to the record. Nos.42621/43518. (06-03720)
04/21/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 14, 2006, at 9:00 a.m. (En Banc) (Nos. 42621/43518)
05/30/2006Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 42621/43518
06/14/2006Case Status Update Submitted for Decision. To the En Banc Court. EN BANC. Nos. 42621/43518.
11/09/2006Opinion/DispositionalFiled Authored Opinion. These are consolidated appeals. "Affirmed in part, reversed in part and remanded." fn1[The Honorable James W. Hardesty, Justice, voluntarily recused himself from participation in the decision of these matters.] Before the Court EN BANC. Author: Maupin, J. We Concur: Rose, C.J., Becker, Gibbons, Douglas and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 85. EN BANC. Nos. 42621/43518 06-22951
12/06/2006RemittiturIssued Remittitur. 06-24067
12/06/2006Case Status Update Remittitur Issued/Case Closed.
12/19/2006RemittiturFiled Remittitur. Received by County Clerk on December 11, 2006. 06-24067