FLEISCHMAN VS. SMITH C/W 34226 - Nevada Supreme/Appellate Court Record

Case Information: 35024
Short Caption:	FLEISCHMAN VS. SMITH C/W 34226	Court:	Supreme Court
Consolidated:	34226 *, 35024	Related Case(s):	34226
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A379793	Classification:	Civil Appeal - General - Other
Disqualifications:	Becker	Case Status:	Remittitur Issued/Case Closed
Replacement:	Justice Maupin for Justice Becker	Panel Assigned:	Panel
To SP/Judge:	10/29/1999 / Crockett, James	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:	01/29/2002	How Submitted:	On Briefs

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
10/25/1999	Other	Disqualification of Justice Becker. Sat in district court proceedings.
10/25/1999	Filing Fee	Received Filing Fee Paid on Filing. $200.00 from R. Paul Sorenson--check no. 23188.
10/25/1999	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.		99-10423
10/29/1999	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: James R. Crockett, Jr. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
01/18/2000	Motion	Filed Motion to Consolidate. Motion to Consolidate Appeal and Stay Briefing Schedule Pending Consolidation (nos. 34226 and 35024)		00-00718
01/20/2000	Motion	Filed Response to Motion. Opposition to Stay Briefing Schedule. Nos. 34226, 35024.		00-00937
01/25/2000	Motion	Filed Stipulation. Stipulation Re: Motion to Stay Briefing Schedule and Consolidation. (Nos. 34226 and 35024).		00-01215
02/01/2000	Notice/Incoming	Filed Notice of Association of Counsel. Substitution of Attorneys. R. Paul Sorenson in place and stead of Michael V. Stuhff as counsel for appellant. (Nos. 34226 and 35024)		00-01589
03/10/2000	Order/Procedural	Filed Order. We approve the parties' stipulation and consolidate the above-entitled matters for all appellate purposes. We suspend the briefing schedule and preparation of transcripts in Docket No. 34226 pending completion of the settlement conference process in Docket No. 35024. fn1[We deny appellant's January 18, 2000 motion as moot.] We approve the substitution of counsel. Attorney Stuhff is expected to participate in the settlement conference process in Docket No. 35024. Nos. 34226, 35024.		00-03778
09/20/2000	Settlement Program Report	Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. (Nos. 34226 and 35024) (Settlement conference held in 35024 only).
09/20/2000	Notice/Outgoing	Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
10/05/2000	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that parties were unable to agree to a settlement of the appeal in Docket No. 35024. Court Reporter Alice Eastgate shall have 30 days from the date of this order to prepare and complete the transcript requested by appellant pursuant to the transcript request filed in Docket No. 34226 on June 2, 1999. 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). Fn3 [On February 1, 2000, appellant filed a notice of substitution of attorneys, substituting R. Paul Sorenson for Michael V. Stuhff. Accordingly, we direct the clerk of this court to remove Stuhff from this court's docket as counsel for appellant. We note that our March 10, 2000, order erronelously stated that attorney Stuhff is expected to participate in the settlement conference process. The order should have stated that appellate's new counsel, R. Paul Sorenson is expected to participate in the settlement conference process. (nos. 34226/35024).		00-17703
10/06/2000	Docketing Statement	Filed Docketing Statement.		00-17712
10/19/2000	Letter/Incoming	Filed Letter. from Court Reporter Alice Eastgate regarding transcripts (nos. 34226/35024).		00-18570
10/26/2000	Transcript Request	Filed Certificate of No Transcript Request. Certificate of No Transcript to be Requested in Case No. 35024. (Nos. 34226 and 35024).
11/01/2000	Order/Procedural	Filed Order. On October 5, 2000, we entered an order that directed court reporter Alice Eastgate to prepare and file transcripts for proceedings conducted on December 21, 1998, or to inform this court why the transcript could not be produced. On October 19, 2000, court reporter Eastgate submitted a letter to this court. This appeal was docketed in this court on May 19, 1999, and therefore appellant improperly requested the transcript of proceedings conducted on December 21, 1998. We vacate that portion of our October 5, 2000, order directing court reporter Eastgate to prepare and file the transcript of proceedings conducted on December 21, 1998. Nos. 34226, 35024. Document No. 00-19188.
01/25/2001	Motion	Filed Motion to Extend Time. Nos. 34226/35024. (01-01632)
01/26/2001	Order/Clerk's	Filed Clerk's Order Granting Motion. The motion filed on January 25, 2001, is granted. Appellant's opening brief and appendix shall be served and filed on or before March 19, 2001 (nos. 34226/35024).
03/19/2001	Motion	Filed Motion to Extend Time. Motion to Extend Time in Which to File Opening Brief and Appendix. Nos. 34226/35024.
03/23/2001	Order/Procedural	Filed Order Granting Motion. Appellant shall have to and including May 3, 2001, to file and serve the opening brief and appendix. No further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances. Nos. 34226/35024. (01-05146)
03/26/2001	Motion	Filed Response to Motion. Opening Brief and Appendix. Nos. 34226/35024 (01-05292).
04/05/2001	Order/Procedural	Filed Order. On March 23, 2001, this court entered an order granting appellant's March 19, 2001, motion for extension of time. On March 26, 2001, respondents filed an opposition to appellant's March 19, 2001, motion. We elect to treat respondents' opposition as a motion for reconsideration of our March 23, 2001, order granting appellant's motion. As we find good cause supports appellant's motion, we deny respondents' motion for reconsideration. Nos. 34226/35024 (01-05822).
05/02/2001	Brief	Filed Opening Brief. Mailed on: LV Drop Box 05/01/01. Nos. 34226/35024 (01-07342).
05/02/2001	Appendix	Filed Appendix to Opening Brief. Vols. 1 and 2. Nos. 34226/35024 (01-07343).
06/04/2001	Brief	Filed Answering Brief. Mailed on: 05/31/01. Nos. 34226/35024 (01-09235).
06/29/2001	Motion	Received Response to Motion. Respondents' Opposition to Extend Time in Which to File "Opening" [sic] Brief and Appendix. Nos. 34226/35024 (01-11238).
07/05/2001	Motion	Filed Motion to Extend Time. Nos. 34226/35024 (01-11344)
07/05/2001	Motion	Filed Response to Motion. Respondents' Opposition to Extend Time in Which to File "Opening" [sic] Brief and Appendix. Nos. 34226/35024 (01-11238).
07/11/2001	Order/Procedural	Filed Order Granting Motion. filed July 5, 2001. Appellant shall have to and including August 16, 2001, to file and serve the reply brief in these consolidated appeals. Nos. 34226/35024. (01-11701)
08/16/2001	Motion	Filed Motion to Extend Time. Nos. 34226/35024 (01-13944).
08/16/2001	Motion	Filed Response to Motion. Nos. 34226/35024 (01-13948).
08/23/2001	Order/Procedural	Filed Order Granting Motion. filed August 16, 2001. Appellant shall have to and including September 16, 2001, to file and serve the reply brief in these consolidated appeals. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. Nos. 34226/35024. (01-14289)
09/18/2001	Motion	Filed Motion to Extend Time. Nos. 34226/35024 (01-15805).
09/19/2001	Motion	Filed Response to Motion. Respondents' Opposition to Appellant's Third Motion to Extend Time in which to File Reply Brief and Reply Appendix. Nos. 34226/35024. (01-15857)
09/25/2001	Motion	Filed Motion to Extend Time. Nos. 34226/35024 (01-16154).
09/28/2001	Motion	Filed Response to Motion. Respondents' Opposition to Appellant's Fourthj Motion to Extend Time in which to File Reply Brief and Reply Appendix, and Respondents' Request for Dismissal of Appeal and Imposition of Sanctions. Nos. 34226/35024. (01-16362)
09/28/2001	Order/Procedural	Filed Order. Order Resolving Motions. On September 18, 2001, appellant filed a motion for a third extension of time. Respondents oppose the motion. Because the reply brief has not yet been filed, we deny appellant's motion as moot. On September 25, 2001, appellant filed a motion for a fourth extension of time to file and serve the reply brief in these consolidated appeals. Extreme and unforeseen circumstances having been demonstrated, we grant appellant's motion. Appellant shall have to and including October 1, 2001, to file and serve the reply brief in these consolidated appeals. Failure to timely file a reply brief will be deemed a waiver of the right to file a reply brie in these consolidated appeals. Nos. 34226/35024.
10/03/2001	Brief	Filed Reply Brief. Mailed on: LV Drop Box 10/1/01. Nos. 34226/35024. (01-16618).
01/29/2002	Order/Procedural	Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and these appeals shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 34226/35024. (02-01903)
01/29/2002	Case Status Update	Submitted for Decision. To the Northern Nevada Panel. NNP02-WM/MS/RR. Nos. 34226/35024.
05/09/2002	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn9[The order granting attorney fees constitutes a special order made after final judgment. See NRAP 3A(b)(2). Nos. 34226/35024.		02-08170
05/29/2002	Post-Judgment Petition	Filed Petition for Rehearing. Mailed on: 5/28/02. Nos. 34226/35024. (02-09369) 08/28/02 ORDER: PETITION FOR REHEARING AND ANSWER WITHDRAWN.
07/09/2002	Order/Procedural	Filed Order. Order Directing Answer to Petition for Rehearing. Respondents shall have 15 days from the date of this order within which to file and serve an answer to the petition. Nos. 34226/35024 (02-11671).
07/26/2002	Post-Judgment Petition	Filed Answer to Petition for Rehearing. Nos. 34226/35024 [02-12877] 08/28/02 ORDER: PETITION FOR REHEARING AND ANSWER WITHDRAWN.
08/13/2002	Motion	Filed Stipulation/Dismiss Appeal. Nos. 34226/35024 (02-13863).
08/28/2002	Order/Procedural	Filed Order. Withdrawing Petition for Rehearing. On May 9, 2002, this court entered an "Order of Affirmance" in these consolidated appeals. Appellant filed a petition for rehearing of that order on May 29, 2002, and respondents filed an answer on July 26, 2002. The petition for rehearing and answer are pending. On August 13, 2002, the parties filed a "Stipulation to Dismiss" these consolidate appeals. Because this court has already entered a decision on the merits in these consolidated appeals, we elect to treat the stipulation to dismiss as a joint motion to withdraw the petition for rehearing. We grant the motion. The petition for rehearing and answer are deemed withdrawn. The clerk of this court shall issue the remittitur 15 days from the date of this order. Nos. 34226/35024. (02-14779)
09/12/2002	Remittitur	Issued Remittitur.		02-15832
09/12/2002	Case Status Update	Remittitur Issued/Case Closed.
09/24/2002	Remittitur	Filed Remittitur. Received by County Clerk on September 16, 2002.		02-15832