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United States Court Cases

Nevada Supreme/Appellate Court Record

DISTILLERS SOMERSET GROUP VS. AMERICAN MART

Case Information: 35020
Short Caption:DISTILLERS SOMERSET GROUP VS. AMERICAN MARTCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A264068Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/29/1999 / Berkson, LesterSP Status:Completed
Oral Argument:09/17/2002 at 11:00 AMOral Argument Location:Las Vegas Office
Submission Date:09/17/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/22/1999OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
10/22/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lionel Sawyer & Collins--check no. 107738.
10/22/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-10382
10/29/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
02/16/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 17, 2000. 00-02432
03/28/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: up to 90 days. 00-04953
08/15/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: The parties have continued negotiations. Settlement Judge hopes to have final report by October 15th or sooner. 00-14229
01/29/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-01879
01/29/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
02/09/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. 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). 01-02722
02/13/2001Docketing StatementFiled Docketing Statement. 01-02831
04/18/2001Order/ProceduralFiled Order. To date, appellants have failed to file either a transcript request form or certificate that no transcripts are requested. Appellants shall, within 10 days of the date of this order, file and serve the required document. Failure to comply timely with this order may result in the imposition of sanctions against appellants' counsel. 01-06622
04/26/2001Order/ProceduralFiled Order/Show Cause. Appellants shall have 20 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule shall be suspended pending further order of this court. 01-07015
04/27/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/29/98; 10/12/98; 10/12/98 to 10/23/98; 3/12/99; 4/6/99. To Court Reporter: James Helleso. 01-07098
05/17/2001MotionFiled Response to Order to Show Cause. 01-08198
06/01/2001MotionFiled Stipulation. 01-09154
06/11/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 01-09683
06/11/2001TranscriptFiled Transcript. Proceedings: 9/29/98; 10/12/98 (2 volumes); 10/13/98 (2); 10/14/98 (3); 10/15/98 (2); 10/19/98 (2); 10/20/98 (2); 10/21/98; 10/22/98; 10/23/98; 3/12/99; 4/6/99. Court Reporters: James Helleso, Lori Judd & Angela Campagna. 01-09744
06/15/2001Other Other. Filed copy of Notice of Entry of Order filed in district court on June 8, 2001, with attached Stipulation and Nunc Pro Tunc Order re: Plaintiff's Intentional Interference Claim Against Schieffelin & Somerset Co. filed in district court on May 8, 2001. (Received from Lionel Sawyer & Collins) 01-10064
06/18/2001MotionFiled Response to Order to Show Cause. Supplemental Response. 01-10176
07/09/2001MotionFiled Motion to Extend Time. 01-11520
07/24/2001Order/ProceduralFiled Order. Order Partially Dismissing Appel and Reinstating Briefing. In response to our show cause order, appellants assert that on May 8, 2001, the district court entered a written order formally dismissing respondent's intentional interference claim nunc pro tunc as of October 12, 1998. As the district court has formally resolved all of the claims, we have jurisdiction over this appeal as to appellant Somerset. Appellants concede that Schieffelin is not an aggrieved party with standing to appeal, and state that this appeal will be prosecuted only by Somerset. We dismiss this appeal as to appellant Schieffelin & Somerset Co. fn3[We direct the clerk of this court to amend the caption on this docket so that it reflects that Schieffelin & Somerset Co. has been dismissed as an appellant.] Somerset's appeal may now proceed. Somerset shall have 70 days from the date of this order to file and serve the opening brief. fn4[On June 1, 2001, the parties filed a stipulation to extend the time to file the opening brief, and on July 9, 2001, appellant Somerset filed a motion for an extension of time to file the opening brief. In light of this order setting the briefing schedule, we disapprove the stipulation and deny the motion.] Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 01-12574
10/04/2001MotionFiled Motion and Order/Excess Pages. Granted: 44 pages. 01-16684
10/04/2001BriefFiled Opening Brief. Mailed on: LV Drop Box 10/02/01. 01-16686
10/04/2001AppendixFiled Appendix to Opening Brief. Vols. 1 through 12. 01-16687
10/25/2001MotionFiled Stipulation and Order. Brief due: December 3, 2001. 01-17988
11/28/2001MotionFiled Motion to Extend Time. 01-19916
12/03/2001Order/ProceduralFiled Order Granting Motion. filed November 28, 2001. Respondent shall file and serve the answering brief by February 1, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 01-20152
02/04/2002MotionFiled Motion and Order/Excess Pages. Granted: 43 pages. 02-02230
02/04/2002BriefFiled Answering Brief. Mailed on: 2/1/02. Signed by Roger A. Wirth. 02-02231
02/04/2002AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 02-02232
02/04/2002Notice/IncomingFiled Proof of Service. (Answering Brief and Appendix, Vols. 1 & 2). 02-02233
02/21/2002MotionFiled Stipulation and Order. Brief due: April 3, 2002. 02-03329
04/04/2002BriefFiled Reply Brief. Mailed on: UPS 04/03/02. Signed by: David N. Frederick. 02-06010
04/11/2002MotionFiled Motion. Motion to Expedite Appeal. 02-06473
07/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 17, 2002, at 11:00 a.m. (SNP03-MS/ML/NB)
07/30/2002Order/ProceduralFiled Order Granting Motion. to expedite this appeal filed April 11, 2002. Resolution of this appeal will be expedited to the extent this court's schedule allows. 02-13023
09/03/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
09/17/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB
05/15/2003Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming inn Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP03-MS/ML/NB 03-08268
06/10/2003RemittiturIssued Remittitur. 03-08606
06/10/2003Case Status Update Remittitur Issued/Case Closed.
06/25/2003RemittiturFiled Remittitur. Received by County Clerk on June 12, 2003. 03-08606