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United States Court Cases

Nevada Supreme/Appellate Court Record

MORGAN VS. COUNTY OF CLARK

Case Information: 38481
Short Caption:MORGAN VS. COUNTY OF CLARKCourt:Supreme Court
Related Case(s): 35272
Lower Court Case(s):Clark Co. - Eighth Judicial District - A332297Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/20/2001 / Segel, M.SP Status:Completed
Oral Argument:01/20/2005 at 10:30 AMOral Argument Location:Carson City
Submission Date:01/20/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/14/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from David C. Amesbury, Inc.--check no. 0212.
09/14/2001Notice 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.) 01-15561
09/14/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
09/20/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: N. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/24/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: September 19, 2001. 01-16132
09/26/2001Filing Fee Filing Fee Waived.
09/26/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 01-16253
09/26/2001Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
09/27/2001Notice/Outgoing Letter. M. Nelson Segel.
09/28/2001Notice/Outgoing Letter. M. Nelson Segel.
10/12/2001Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 01-17250
10/15/2001Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 01-17422
10/16/2001Notice/Outgoing Letter. M. Nelson Segel.
10/17/2001Notice/Outgoing Letter. M. Nelson Segel.
11/21/2001MotionFiled Stipulation. Stipulation for Designation of Parties. 01-19587
12/14/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: to be held within sixty days of this date. 01-21088
03/18/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 19, 2002. 02-04814
05/10/2002Order/ProceduralFiled Order/Stipulation Approved. The parties filed a stipulation informing this court that they had agreed that David Morgan shall be designated as the appellant/cross-respondent, and that Clark County shall be designated as the respondent/cross-appellant. The clerk of this court shall amend the caption on the docket of this appeal so that it is consistent with the caption on this order. 02-08249
05/13/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-08362
05/23/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent and respondents/cross-appellants each: 15 days to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve opening brief and appendix. Respondents/cross-appellants: 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant/cross-respondent: 30 days thereafter to file a combined reply brief on appeal and answering brief on cross-appeal. Respondents/cross-appellants: 30 days thereafter to file and serve a reply brief on cross-appeal. 02-09091
06/06/2002Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant County of Clark. 02-09899
06/19/2002Transcript RequestFiled Certificate of No Transcript Request. Appellant/Cross-Respondent. 02-10673
06/24/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant and cross-appellant: 30 days from the date of this order. The briefing schedule in this appeal and cross-appeal is suspended pending further order of this court. 02-10855
07/24/2002MotionFiled Response to Order to Show Cause. Cross-Appellant's Response to Order to Show Cause. 02-12658
07/29/2002MotionFiled Response to Order to Show Cause. Appellant/Cross-Respondent's Response to Order to Show Cause. 02-12990
08/29/2002Order/ProceduralFiled Order/Show Cause. Appellant and cross-appellant shall have 30 days from this order's date to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction based on the perceived defects in finality and aggrievement. The briefing schedule in this appeal and cross-appeal remains suspended. 02-14949
09/26/2002MotionFiled Response to Order to Show Cause. Respondent/Cross-Appellant's Response to Order to Show Cause. 02-16671
10/02/2002MotionFiled Response to Order to Show Cause. Appellant/Cross-Respondent's Response to Order to Show Cause. 02-17070
10/31/2002Order/ProceduralFiled Order. Order to Show Cause and Dismissing Cross-Appeal. We conclude that Clark County is no an aggrieved party, and therefore, we dismiss the cross-appeal for lack of jurisdiction. We conclude that David Morgan is an aggrieved party with standing to appeal. But there remains the jurisdictional obstacle of Clark County's unresolved claim against William Pascoe, III. Accordingly, Morgan shall have forty-five days from this order's date within which to demonstrate that this appeal should not be dismissed for lack of jurisdiction. The briefing schedule in this appeal remains suspended. 02-18736
12/26/2002MotionFiled Motion to Extend Time. Appellant's Motion for an Enlargement of Time in which to File a Response to this Court's Order Dated October 31, 2002. 02-22070
01/17/2003MotionFiled Motion to Extend Time. Appellant's Second Motion for an Enlargement of Time in which to File a Response to this Court's Order Dated October 31, 2002. 03-00981
03/31/2003Order/ProceduralFiled Order/Briefing Schedule. On March 17, 2003, this court received appellant's response to the October 31, 2002 show cause order. fn2[Having reviewed appellant's requests for extensions of time, we conclude that good cause exists for the extensions, and therefore, we grant the requests. We direct the clerk of this court to file the response, provisionally received by this court on March 17, 2003.] As the certification appears to have cured the jurisdictional defect in this appeal, we shall allow this appeal to proceed. Appellant shall have 90 days from this order's date to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 03-05293
03/31/2003MotionFiled Response to Order to Show Cause. Appellant/Cross-Respondent's Response to Order to Show Cause. 03-04504
06/10/2003MotionFiled Motion and Order Extending Time. Brief due: August 4, 2003. 03-09662
08/05/2003BriefFiled Opening Brief. 03-13112
08/05/2003AppendixFiled Appendix to Opening Brief. 03-13113
09/03/2003BriefFiled Answering Brief. Respondent's Answering Brief and Motion for Judicial Notice. 03-14790
09/03/2003AppendixFiled Appendix to Answering Brief. 04/12/04 ORDER: detached Exhibit 1 and Exhibit 2 from respondent's motion. Removed pages 34-39 from respondent's appendix and replaced them with Exhibit 1, and inserted Exhibit 2 in between pages 11 and 12 in respondent's appendix. 03-14791
10/10/2003BriefFiled Reply Brief. 03-16877
10/17/2003MotionFiled Response to Motion. Respondent's Opposition to Morgan Motion to Strike and Request for Sanctions. STRICKEN BY 10/23/03 ORDER. 03-17335
10/23/2003Order/ProceduralFiled Order. Striking Opposition. On October 17, 2003, respondent filed a document entitled "Respondent's Opposition to Morgan [sic] Motion to Strike and request for Sanctions." To date, appellant David Morgan has not filed a motion to strike and for sanctions. We direct the clerk of this court to strike respondent's October 17, 2003, opposition. 03-17695
10/29/2003MotionFiled Motion. Morgan Motion to Strike, Objections to County Request for Judicial Notice, and Request for Sanctions. 03-18054
11/03/2003MotionFiled Motion. Respondent's Motion to Amend Appendix. 04/12/04 ORDER: detached Exhibit 1 and Exhibit 2 from respondent's motion. Removed pages 34-39 from respondent's appendix and replaced them with Exhibit 1, and inserted Exhibit 2 in between pages 11 and 12 in respondent's appendix. 03-18315
11/06/2003MotionFiled Response to Motion. Respondent's Opposition to Morgan Motion to Strike and Request for Sanctions. 03-18510
11/12/2003MotionFiled Motion to Strike. Morgan Motion to Strike, Objections to County Request for Judicial Notice, and Request for Sanctions. 04/12/04 ORDER fn1: as this substantively identical document was previously filed, this court will take no action on the second motion. 03-18867
04/12/2004Order/ProceduralFiled Order. Briefing of this appeal was completed October 10, 2003, with the filing of the reply brief. However, included within the answering brief filed on September 3, 2003, is a motion for this court to take judicial notice. Accompanying the motion is a request to file a reply on the judicial notice issue if appellant opposes the motion for this court to take judicial notice. On October 29, 2003, appellant filed a 'Motion to Strike, Objections to County Request for Judicial Notice, and Request for Sanctions.' fn1[On November 12, 2003, appellant again filed his 'Motion to Strike, Objections to County Request for Judicial Notice, and Request for Sanctions.' As this substantively identical document was previously filed, this court will take no action on the second motion.] Respondent opposes appellant's motion to strike and request for sanctions. We defer ruling, at this time, on respondent's motion for judicial notice and appellant's motion to strike and request for sanctions. However, we caution respondent that this court cannot consider matters not properly appearing in the record in resolving this appeal. Cause appearing, we grant respondent's request for leave to file a reply to appellant's objections to the motion for judicial notice. Respondent shall, within 15 days from the date of this order, file and serve a reply that only addresses the judicial notice issue. On November 3, 2003, respondent filed a motion to amend its appendix. The motion is unopposed. Cause appearing, we grant respondent's motion to amend its appendix. The clerk shall detach 'Exhibit 1' and 'Exhibit 2' from respondent's motion. Further, the clerk shall remove pages 34-39 from respondent's appendix and replace them with 'Exhibit 1,' and the clerk shall insert 'Exhibit 2' in between pages 11 and 12 in respondent's appendix. 04-06677
04/28/2004MotionFiled Reply to Response. Reply to Morgan's Objections to County's Request for Judicial Notice. 04-07820
07/26/2004OtherDisqualification of Justice Becker. Sat in district court proceedings.
11/23/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 20, 2005, at 10:30 a.m. (NNP05-WM/MD/RP)
12/06/2004Letter/IncomingFiled Letter. from David C. Amesbury regarding location of Oral Argument. 04-22226
12/06/2004Notice/OutgoingIssued Letter. to attorney David C. Amesbury in response to his letter dated December 1, 2004 and received in our office on December 6, 2004. Because this appeal is being heard by the Northern Panel, we are unable to change the location of the oral argument. All Northern Panel arguments are heard in Carson City. We will change our notice to state that parking for the Carson City arguments is at the Fifth and Stewart Street garage in Carson City.
01/04/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
01/20/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP05-WM/MD/RP
04/21/2005Order/DispositionalFiled Order of Affirmance. This court will not take judicial notice of the records from a different case, even though the cases are connected. The request of the Court for this court to give judicial notice to the unpublished order is hereby denied. Morgan's request for sanctions is also denied. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP 05-07797
05/17/2005RemittiturIssued Remittitur. 05-07910
05/17/2005Case Status Update Remittitur Issued/Case Closed.
06/01/2005RemittiturFiled Remittitur. Received by County Clerk on May 19, 2005. 05-07910
09/01/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed on August 19, 2005, and placed on the docket as Case No. 05-249. 05-17288
11/01/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. Stipulation and Order dismissing the Petition for Writ of Certiorari was filed on October 13, 2005. 05-21506