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United States Court Cases

Nevada Supreme/Appellate Court Record

GEM DEVELOPMENT VS. STEVE MUSTO PAINTING

Case Information: 36548
Short Caption:GEM DEVELOPMENT VS. STEVE MUSTO PAINTINGCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A363142Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/14/2001 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/11/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Gem Development Company--check no. 4605.
08/11/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 00-13994
08/16/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Jerry J. Kaufman. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
10/04/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-17618
10/04/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
10/16/2000Order/ProceduralFiled Order/Show Cause. On October 4, 2000, the settlement judge filed a settlement conference report in which he determined that attorney Dominic J. Magliarditi, counsel for appellants, failed to participate in good faith in the settlement conference process and recommends the imposition of sanctions. Attorney Dominic J. Magliarditi shall have 15 days from the date of this order to show cause why this court should not act upon the settlement judge's determination and recommendation. 00-18298
11/20/2000Notice/IncomingFiled Substitution of Attorneys. Appellants hereby substitutes, John E. Ham, Esq., of the law firm of Santoro, Driggs, Walch, Kearney, Johnson & Thompson, as attorney of record in place and stead of Dominic J. Magliarditi, Esq., General Counsel of Gem Development Company. 00-20347
11/22/2000Notice/Outgoing Letter. Jerry J. Kaufman.
12/05/2000Other Other. Received returned mail on 12/04/00 addressed to Dominic J. Magliarditi with a copy of Settlement Conference Status Report filed 10/04/00; Notice to File Docketing Statement dated 10/04/00 and blank Docketing Statement. Remailed Settlement Conference Status Report; Notice to File Docketing Statement and blank Docketing Statement to new counsel John R. Ham on this day. Counsel has 15 days from this date to file docketing statement.
12/15/2000Docketing StatementFiled Docketing Statement. 00-21942
12/18/2000MotionFiled Motion. Motion to Reconvene Settlement Conference. 00-22059
04/09/2001Order/ProceduralFiled Order. On October 4, 2000, the settlement judge filed a settlement conference report determining that attorney Dominic J. Magliarditi failed to participate in good faith in the settlement conference process and recommending the imposition of sanctions. We conclude that Mr. Magliarditi's cavalier disregard of the requirements under NRAP 16 constitutes a failure to participate in good faith in the settlement conference process and that such conduct warrants the imposition of sanctions. Mr. Magliarditi shall, within 20 days of the date of this order, personally pay respondent $1,047.50 as reimbursement for attorney fees and lost pay incurred by respondent in association with the September 20, 2000 conference. We further direct Mr. Magliarditi to pay $500 to the Supreme Court Law Library within 20 days of the date of this order and file with the clerk of this court an affidavit or certificate verifying that payment has been made. Failure to comply with this order in a timely manner may result in the imposition of additional sanctions. We grant appellant's unopposed motion to resume NRAP 16 settlement proceedings. The settlement judge shall have 30 days from the date of this order to schedule a settlement conference. 01-06041
08/14/2001Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Lansford W. Levitt.
12/07/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: December 27, 2001. 01-20553
12/31/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 19, 2002. 01-21952
02/19/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 20, 2002. 02-03149
06/20/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 1, 2002. 02-10711
08/26/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-14640
09/09/2002Settlement 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: 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). 02-15471
10/02/2002Order/ProceduralFiled Order. Attorney Dominic J. Magliarditi shall, within 10 days from the date of this order, file and serve an affidavit or certificate verifying that payment in the amount of $1,047.50 has been made to respondent. 02-17010
10/14/2002Order/ProceduralFiled Order. To date, appellants have failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. See NRAP 9(a). Appellants shall, within 10 days from the date of this order, file and serve the required document 02-17716
10/15/2002Notice/IncomingFiled Notice. Certificate of Dominic J. Magliarditi (payment of sanctions). 02-17811
10/15/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 04/27/99 and 4/28/99. To Court Reporter: Joy Hinck. 02-17813
11/26/2002Order/ProceduralFiled Order/Show Cause. Response due from appellants: 30 days from the date of this order. fn3[In the event that the district court did not enter written orders resolving the rights and liabilities of the cross-defendant and third-party defendants listed above, appellants may be able to cure the jurisdictional defect by obtaining from the district court a written order dismissing all claims against the cross-defendant and third-party defendants, and by filing an amended notice of appeal in the district court.] The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondent may file any reply within 10 days from the date that appellants' response is served. 02-20353
11/27/2002TranscriptFiled Transcript. Proceedings: April 27, 1999 and April 28, 1999. Court Reporter: Joy Hinck. 02-20446
12/26/2002MotionFiled Response to Order to Show Cause. 02-22056
01/31/2003Order/ProceduralFiled Order/Show Cause. Response due from appellants: 20 days from this order's date. The briefing schedule in this appeal remains suspended pending further order of this court. Respondent may file any reply within ten days from the date that appellants' response is served. 03-01692
02/10/2003MotionFiled Stipulation/Dismiss Appeal. 03-02302
02/19/2003Order/DispositionalFiled Stipulated Dismissal. In response to our show cause orders, the parties have filed an NRAP 42(b) stipulation to dismiss this appeal. We approve the stipulation, and " . . . we dismiss this appeal with each party to bear its own costs and attorney fees." NNP03-RR/WM/MG 03-02768
02/19/2003Case Status Update Case Closed. No remittitur issued.