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United States Court Cases

Nevada Supreme/Appellate Court Record

UNITED FINANCIAL VS. CREED

Case Information: 38530
Short Caption:UNITED FINANCIAL VS. CREEDCourt:Supreme Court
Related Case(s): 40406
Lower Court Case(s):Clark Co. - Eighth Judicial District - A351926Classification:Civil Appeal - General - Other
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Justice Agosti for Justice GibbonsPanel Assigned: Panel
To SP/Judge:10/02/2001 / Hammer, BillSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/28/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/26/2001Filing Fee Filing Fee due.
09/26/2001Notice 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.) 01-16256
09/26/2001Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
09/26/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
10/02/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Bill C. Hammer. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/05/2001Other Returned Unfiled Document. (Mailed blank docketing statement to counsel for appellant.) Due date: 10 days.
10/05/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Tharpe & Howell (Michael Merritt)-check no. 1562.
10/05/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: September 20, 2001. 01-16785
10/08/2001Notice/Outgoing Letter. Bill C. Hammer.
10/11/2001Docketing StatementFiled Docketing Statement. 01-17142
10/16/2001Notice/Outgoing Letter. Bill C. Hammer.
12/13/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-20970
01/08/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. 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). 02-00439
01/15/2002Order/ProceduralFiled Order. Directing Response. United Financial Mortgage shall have 20 days from the date of this order to file a response addressing whether Levin and Jeske should be named as respondents in this appeal, and if not, the reasons in support hereof. 02-01017
01/24/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/26/01, 3/27/01, 3/28/01, 3/29/01, 3/30/01, 4/2/01. To Court Reporter: Renee Silvaggio. 02-01628
01/25/2002Notice/IncomingFiled Proof of Service. (Request for Transcript of Proceedings). 02-01733
01/28/2002Notice/OutgoingIssued Notice to Provide Proof of Service. Request for Transcript of Proceedings. Due date: 10 days.
02/04/2002Notice/IncomingFiled Proof of Service. (Transcript Request). 02-02306
02/05/2002MotionFiled Response to Order to Show Cause. 02-02351
02/26/2002Order/ProceduralFiled Order. On February 5, 2002, appellant filed a response agreeing that if it is successful in its appeal in demonstrating that David Creed was not its employee but the employee of Levin and Jeske, then the judgment could substantially affect the rights of Levin and Jeske. Appellant concedes that these individuals should be named as respondents to this appeal. The clerk of this court shall amend the caption on this docket to conform to the caption on this order. Appellant shall have 10 days from the date of this order to serve the docketing statement filed October 11, 2001, and the request for transcript form filed January 24, 2002, upon the new respondents Levin and Jeske. 02-03556
03/04/2002Notice/IncomingFiled Proof of Service. per 02/26/02 order: served the docketing statement filed October 11, 2001, and the request for transcript form filed January 24, 2002, upon counsel for new respondents Levin and Jeske. 02-03855
03/18/2002TranscriptFiled Transcript. Proceedings: April 2, 2001. Court Reporter: Patsy K. Smith. 02-04836
04/12/2002TranscriptFiled Transcript. Proceedings: March 26, 2001 through March 30, 2001. Court Reporter: Renee Silvaggio. 02-06560
06/03/2002Order/ProceduralFiled Order. Pursuant to the order filed on January 8, 2002, the opening brief and appendix were due to be filed in this appeal by May 8, 2002. To date, appellant has failed to file these documents. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Respondents shall within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days of service of the answering brief. 02-09644
06/07/2002MotionFiled Motion to Extend Time. 02-09966
06/11/2002MotionFiled Response to Motion. Respondent David Creed's Response to Appellant's Motion to Enlarge Time for United Financial Mortgage Corporation to File Its Opening Brief. 02-10143
06/19/2002Notice/IncomingFiled Proof of Service. (Opening Brief). 02-10668
06/28/2002Order/ProceduralFiled Order Denying Motion. On June 7, 2002, appellant filed a motion for an extension of time to file and serve the opening brief and appendix. Appellant requested a 60-day extension of time. On June 11, 2002, respondent David Creed filed an opposition to the motion. On June 18, 2002, appellant submitted the opening brief and appendix. Because the opening brief and appendix were timely submitted, we deny the motion for an extension of time as moot. The clerk of the court shall file the opening brief and appendix received on June 18, 2002. Respondents shall file and serve their answering brief(s) within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 02-11140
06/28/2002BriefFiled Opening Brief. Appellant United Financial Mortgage Corp.'s Opening Brief. Mailed on June 17, 2002. STRICKEN BY ORDER 04/04/03. 02-10538
06/28/2002AppendixFiled Appendix to Opening Brief. 02-10540
07/15/2002BriefFiled Answering Brief. Respondent David Creed's Answering Brief. Mailed on: Fed Ex 07/12/02. 02-12056
07/15/2002AppendixFiled Appendix to Answering Brief. Respondent David Creed's Appendix. 02-12057
08/15/2002BriefFiled Reply Brief. Appellant United Financial Mortgage Corp.'s Reply to Respondent David Creed's Answering Brief. Mailed on: Fed Ex 08/14/02. 02-13956
08/15/2002AppendixFiled Appendix to Reply Brief. Addendum to Appendix to Appellant's Opening Brief. STRICKEN BY ORDER 04/04/03. 02-13957
08/22/2002Other Other. Received Errata to United Financial Mortgage Corporation's Opening Brief and its Reply to Respondent David Creed's Answering Brief. Mailed on: Fed Ex 08/21/02. 02-14450
08/22/2002BriefReceived Opening Brief. Appellant United Financial Mortgage Corp.'s Opening Brief. Mailed on: Fed Ex 08/21/02. 02-14452
09/03/2002Notice/IncomingFiled Notice. Notice of Change of Firm Name (Michael Merritt). 02-15161
01/06/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
04/04/2003Order/ProceduralFiled Order. Striking Briefs and Directing filing of Revised Briefs. On June 28, 2002, and August 15, 2002, respectively, appellant filed its opening brief and reply brief. On August 22, 2002, appellant filed an errata to its briefs and submitted revised versions of its opening and reply briefs and the revised briefs correct those citation errors. The clerk of this court shall strike the briefs filed on June 28, 2002, and August 15, 2002, and file the errata and briefs received on August 22, 2002. 03-05711
04/04/2003Notice/IncomingFiled Errata. Errata to United Financial Mortgage Corporation's Opening Brief and its Reply to Respondent David Creed's Answering Brief. Mailed on: FedEx 08/21/03. 02-14450
04/04/2003BriefFiled Opening Brief. Appellant United Financial Mortgage Corp.'s Opening Brief. Mailed on: FedEx 08/21/02. 02-14452
04/04/2003BriefFiled Reply Brief. Appellant United Financial Mortgage Corp.'s Reply to Respondent David Creed's Answering Brief. Mailed on: FedEx 08/21/02. 02-14453
04/15/2003Order/ProceduralFiled Order. Re: Answering Brief. The briefing of this appeal was completed with the filing of appellant's reply brief on August 15, 2002. fn1[On April 4, 2003, this court permitted appellant to file revised versions of its opening and reply briefs. The revised briefs corrected citation errors in the original opening and reply briefs.] A review of the docket in this appeal reveals that respondents Levin and Jeske did not file an answering brief or join in the answering brief filed by co-respondent David Creed. In the event this court schedules oral argument in this appeal, respondents Levin and Jeske shall not be permitted to be heard at such argument. 03-06394
07/28/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 03-12642
07/28/2003Case Status Update Submitted for Decision.
11/04/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04S-DA/NB/MS 03-18357
12/02/2003RemittiturIssued Remittitur. 03-18603
12/02/2003Case Status Update Remittitur Issued/Case Closed.
12/22/2003RemittiturFiled Remittitur. Received by County Clerk on December 5, 2003. 03-18603