| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/20/2001 | Filing Fee | Filing Fee Waived. | | |
| 09/20/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 01-15896
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| 10/02/2001 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 10/10/2001 | Docketing Statement | Filed Docketing Statement. | | 01-17035
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| 12/19/2001 | Order/Procedural | Filed Order. To date, appellant has failed to comply with this court's notice issued on October 2, 2001 and with NRAP 9(a). Appellant shall, within 10 days from the date of this order: file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement; and file and serve a transcript request form or a certificate indicating that no transcripts are being requested, or show cause why sanctions, including dismissal of this appeal, should not be imposed. If appellant does not intend to rely on any transcripts in this appeal, appellant shall file and serve a certificate indicating that no transcripts are requested. If appellant intends to cite in the opening brief to transcripts that were prepared and filed in the district court prior to the docketing of this appeal, appellant should include copies of these transcripts in the appendix and file and serve a certificate indicating that no new transcripts are requested. If, however, appellant intends to cite to transcripts that were not prepared and filed in the district court prior to the docketing of this appeal, appellant should file and serve a transcript request form identifying the necessary transcripts. | | 01-21435
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| 01/24/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: July 23, 2001. To Court Reporter: Department D. | | 02-01693
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| 03/04/2002 | Order/Procedural | Filed Order. On December 19, 2001, this court entered an order noting that appellant had failed to file a case appeal statement and had not complied with NRAP 9(a). That order directed appellant to file a case appeal statement in the district court and file two certified copies of the case appeal statement with this court, file and serve a transcript request form or a certificate indicating that no transcripts are being requested, or show cause why sanctions should not be imposed. On January 24, 2002, appellant filed a transcript request form. It is not clear whether appellant intends to request the preparation of certain transcripts, or was intending to file a certificate indicating that no transcripts are being requested. Additionally, we note that the transcript request form was not accompanied by a certificate of service. Because the transcript request form that was filed is deficient, and in light of the directions listed below in this order, appellant need not file a certificate of service for the January 24, 2002, transcript request form. To date, appellant has not filed an opening brief or appendix, and has not communicated with this court in any way regarding this failure to comply with this court's briefing deadlines. We admonish counsel for appellant, attorney Jeffrey A. Cogan, for failing to comply with the procedural rules and orders of this court. We do not expect any further delays in the briefing of this appeal. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement; file and serve a proper transcript request form or certificate indicating that no transcripts are being requested; or show cause why sanctions should not be imposed. Finally, appellant shall file and serve the opening brief and appendix within 40 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). | | 02-03853
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| 03/25/2002 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy filed in district court on: October 8, 2001. | | 02-05242
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| 05/20/2002 | Motion | Filed Motion to Dismiss Appeal. | | 02-08802
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| 06/27/2002 | Other | Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Appellant's Reply to Respondent's Motion to Dismiss Appeal." | | |
| 07/02/2002 | Order/Counsel | Filed Order/Sanctions. Because of the significant delays cause by Jeffrey A. Cogan's repeated failures to comply with this court's procedural rules and orders, we believe the imposition of sanctions against Mr. Cogan is appropriate. Accordingly Mr. Cogan shall personally pay the sum of $500 to the Clark County Law Library within 15 days from the date of this order. Within that same time period, Mr. Cogan shall file with this court a certificate or affidavit informing this court that the sanction has been paid. Again, we direct appellant to comply with NRAP 9(a) by filing a proper transcripts request form or certificate indicating that no transcript are being requested within 10 days from the date of this order. Additionaly, appellant shall file and serve the opening brief and appendix within 20 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(2). We caution Mr. Cogan that failure to comply with this order may result in the imposition of additional sanctions, including referral to the State Bar of Nevada. | | 02-11345
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| 07/03/2002 | Order/Procedural | Filed Order. We direct the clerk of this court to return to counsel for appellant, unfiled, the response received on June 17, 2002. | | 02-11371
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| 07/03/2002 | Other | Returned Unfiled Document. Appellant's Reply to Respondent's Motion to Dismiss Appeal. | | |
| 07/19/2002 | Transcript Request | Filed Certificate of No Transcript Request. | | 02-12391
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| 07/19/2002 | Notice/Incoming | Filed Affidavit. Affidavit of Jeffrey A. Cogan (regarding sanctions). | | 02-12392
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| 07/25/2002 | Brief | Filed Opening Brief. Mailed on: 07/24/02. | | 02-12750
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| 07/25/2002 | Appendix | Filed Appendix to Opening Brief. | | 02-12751
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| 07/29/2002 | Notice/Incoming | Filed Proof of Service. to Certificate of No Transcript Request filed on 07/19/02. | | 02-12978
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| 08/09/2002 | Brief | Filed Answering Brief. Mailed on: Interoffice mail-no postmark. | | 02-13608
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| 08/09/2002 | Appendix | Filed Appendix to Answering Brief. | | 02-13610
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| 09/03/2002 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 09/03/2002 | Case Status Update | Submitted for Decision. | | |
| 12/17/2002 | Order/Procedural | Filed Order. We elect to treat the affidavit file on July 19, 2002, as a motion requesting an extension of time to comply with our July 2, 2002, order. We grant the alternative relief requested by Mr. Cogan. Mr. Cogan shall have 30 days from the date of this order to pay the sum of $500 to the Clark County Law Library and to file with this court a certificate or affidavit informing this court that the sanction has been paid. If it is not possible for Mr. Cogan to pay the sanction within that time, he shall file an appropriate motion for an extension of time. | | 02-21584
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| 01/16/2003 | Notice/Incoming | Filed Proof of Payment of Sanction. Affidaivit of Jeffrey Cogan - $500.00 paid to the Clark County Law Library. | | 03-00870
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| 02/05/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn5[Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warrantd in this appeal.] SNP03-MS/ML/NB | | 03-01999
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| 02/20/2003 | Order/Procedural | Filed Order. On February 12, 2003, appellant Sherry Lynn Rutherford submitted a letter requesting rehearing on this court's order. Appellant is represented by counsel in this appeal and has not been granted leave to file papers in proper person. No action will be taken on appellant's proper person letter. The remittitur is due to issue March 3, 2003. We order the issuance of the remittitur stayed to provide appellant's counsel an opportunity to file a petition for rehearing on appellant's behalf. Appellant shall have 15 days from the date of this order to file a petition for rehearing. If appellant's counsel does not file a petition for rehearing within 15 days, the remittitur shall issue 20 days from the date of this order. Appellant shall proceed hereafter by and through counsel and shall address concerns relating to this appeal to counsel of record. | | 03-02842
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| 03/12/2003 | Remittitur | Issued Remittitur. | | 03-04062
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| 03/12/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/26/2003 | Remittitur | Filed Remittitur. Received by County Clerk on March 14, 2003. | | 03-04062
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| 08/27/2003 | Order/Procedural | Filed Order. On April 7, 2003, appellant submitted a proper person letter requesting this court to recall the remittitur. Having reviewed appellant's letter, we conclude that appellant has failed to identify any inadvertence, fraud, imposition, false suggestion, misapprehension or mistake of fact in our decision affirming the judgment of the district court. fn1[Because we have reviewed the proper person document on its merits, we direct the clerk of this court to file that document. NRAP 46(b).] Consequently, we deny appellant's request to recall the remittitur. Additionally, because we decline to grant appellant permission to file any additional proper person documents in this appeal, the clerk of this court shall immediately return, unfiled, any proper person documents submitted by appellant in this appeal. | | 03-14458
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| 08/27/2003 | Other Incoming Document | Filed Proper Person Document. Proper Person Letter. Letter dated April 1, 2003 requesting Court to recall Remittitur. | | 03-05814
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