Docket Entries |
Date | Type | Description | Pending? | Document |
09/14/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from David C. Amesbury, Inc.--check no. 0212. | | |
09/14/2001 | Notice of Appeal Documents | Filed 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 |
09/14/2001 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
09/20/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: N. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
09/24/2001 | Notice of Appeal Documents | Filed Case Appeal Statement. Filed in district court on: September 19, 2001. | | 01-16132 |
09/26/2001 | Filing Fee | Filing Fee Waived. | | |
09/26/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 01-16253 |
09/26/2001 | Notice/Outgoing | Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. | | |
09/27/2001 | Notice/Outgoing | Letter. M. Nelson Segel. | | |
09/28/2001 | Notice/Outgoing | Letter. M. Nelson Segel. | | |
10/12/2001 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 01-17250 |
10/15/2001 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 01-17422 |
10/16/2001 | Notice/Outgoing | Letter. M. Nelson Segel. | | |
10/17/2001 | Notice/Outgoing | Letter. M. Nelson Segel. | | |
11/21/2001 | Motion | Filed Stipulation. Stipulation for Designation of Parties. | | 01-19587 |
12/14/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: to be held within sixty days of this date. | | 01-21088 |
03/18/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: April 19, 2002. | | 02-04814 |
05/10/2002 | Order/Procedural | Filed 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 |
05/13/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 02-08362 |
05/23/2002 | Settlement Order/Procedural | Filed 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 |
06/06/2002 | Transcript Request | Filed Certificate of No Transcript Request. Respondent/Cross-Appellant County of Clark. | | 02-09899 |
06/19/2002 | Transcript Request | Filed Certificate of No Transcript Request. Appellant/Cross-Respondent. | | 02-10673 |
06/24/2002 | Order/Procedural | Filed 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 |
07/24/2002 | Motion | Filed Response to Order to Show Cause. Cross-Appellant's Response to Order to Show Cause. | | 02-12658 |
07/29/2002 | Motion | Filed Response to Order to Show Cause. Appellant/Cross-Respondent's Response to Order to Show Cause. | | 02-12990 |
08/29/2002 | Order/Procedural | Filed 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 |
09/26/2002 | Motion | Filed Response to Order to Show Cause. Respondent/Cross-Appellant's Response to Order to Show Cause. | | 02-16671 |
10/02/2002 | Motion | Filed Response to Order to Show Cause. Appellant/Cross-Respondent's Response to Order to Show Cause. | | 02-17070 |
10/31/2002 | Order/Procedural | Filed 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 |
12/26/2002 | Motion | Filed 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 |
01/17/2003 | Motion | Filed 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 |
03/31/2003 | Order/Procedural | Filed 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 |
03/31/2003 | Motion | Filed Response to Order to Show Cause. Appellant/Cross-Respondent's Response to Order to Show Cause. | | 03-04504 |
06/10/2003 | Motion | Filed Motion and Order Extending Time. Brief due: August 4, 2003. | | 03-09662 |
08/05/2003 | Brief | Filed Opening Brief. | | 03-13112 |
08/05/2003 | Appendix | Filed Appendix to Opening Brief. | | 03-13113 |
09/03/2003 | Brief | Filed Answering Brief. Respondent's Answering Brief and Motion for Judicial Notice. | | 03-14790 |
09/03/2003 | Appendix | Filed 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 |
10/10/2003 | Brief | Filed Reply Brief. | | 03-16877 |
10/17/2003 | Motion | Filed Response to Motion. Respondent's Opposition to Morgan Motion to Strike and Request for Sanctions.
STRICKEN BY 10/23/03 ORDER. | | 03-17335 |
10/23/2003 | Order/Procedural | Filed 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 |
10/29/2003 | Motion | Filed Motion. Morgan Motion to Strike, Objections to County Request for Judicial Notice, and Request for Sanctions. | | 03-18054 |
11/03/2003 | Motion | Filed 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 |
11/06/2003 | Motion | Filed Response to Motion. Respondent's Opposition to Morgan Motion to Strike and Request for Sanctions. | | 03-18510 |
11/12/2003 | Motion | Filed 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 |
04/12/2004 | Order/Procedural | Filed 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 |
04/28/2004 | Motion | Filed Reply to Response. Reply to Morgan's Objections to County's Request for Judicial Notice. | | 04-07820 |
07/26/2004 | Other | Disqualification of Justice Becker. Sat in district court proceedings. | | |
11/23/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 20, 2005, at 10:30 a.m. (NNP05-WM/MD/RP) | | |
12/06/2004 | Letter/Incoming | Filed Letter. from David C. Amesbury regarding location of Oral Argument. | | 04-22226 |
12/06/2004 | Notice/Outgoing | Issued 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. | | |
01/04/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
01/20/2005 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP05-WM/MD/RP | | |
04/21/2005 | Order/Dispositional | Filed 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 |
05/17/2005 | Remittitur | Issued Remittitur. | | 05-07910 |
05/17/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
06/01/2005 | Remittitur | Filed Remittitur. Received by County Clerk on May 19, 2005. | | 05-07910 |
09/01/2005 | Notice/Incoming | Filed 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 |
11/01/2005 | Notice/Incoming | Filed 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 |