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United States Court Cases

Nevada Supreme/Appellate Court Record

PATTERSON VS. SMITH

Case Information: 38516
Short Caption:PATTERSON VS. SMITHCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A438537Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/03/2001 / Thorndal, JohnSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/24/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Nevada General Insurance Co.--check no. 156924.
09/24/2001Notice 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.) 01-16079
09/27/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/4/01. To Court Reporter: Tina Smith. 01-16322
10/02/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: John L. Thorndal. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/09/2001Docketing StatementFiled Docketing Statement. 01-16927
10/09/2001TranscriptFiled Transcript. Proceedings: 09/04/01. Court Reporter: Tina Smith. 01-17007
10/11/2001Notice/Outgoing Letter. John L. Thorndal.
12/10/2001Settlement Program ReportFiled Interim Settlement Program Report. The claims of Jose D. Vasquez , individually, and Sylvia Vasquez were settled. However, the claim of Jose D. Vasquez as Guardian Ad Litem of Jose Vasquez, Jr. was not settled and the appeal needs to proceed. The parties will file appropriate papers correcting the caption to reflect the dismissal of the two individual parties. 01-20675
02/04/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The settlement judge has filed a report indicating that a settlement has been reached between appellant and respondents Jose D. Vazquez, individually, and Sylvia Vazquez. Appellant shall have 30 days from the date of this order to file a stipulation or motion to dismiss this appeal as to such respondents or otherwise inform this court of the status of such appeal. This appeal shall proceed as to respondents Honorable Douglas E. Smith, Justice of the Peace and Jose D. Vazquez, as guardian ad litem of Jose Vazquez, Jr. Appellant: 70 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 02-02280
04/01/2002MotionFiled Motion. Motion to Dismiss Settling Respondents. 02-05708
04/01/2002MotionFiled Motion to Extend Time. 02-05711
04/09/2002Order/ProceduralFiled Order. Order Partially Dismissing Appeal and Granting Extension of time to file Opening Brief and Appendix. Pursuant to the motion for voluntary dismissal filed on April 1, 2002, this appeal is dismissed as to respondents Jose Vazquez, individually and Sylvia Vazquez. NRAP 42(b). The clerk of this court shall remove Jose Vazquez, individually and Sylvia Vazquez from the caption on this court's docket. This appeal remains in effect as to respondents Honorable Douglas E. Smith, Justice of the Peace, Department 2 of the Las Vegas Township Justice Court and Jose Vazquez as guardian ad litem of Jose Vazquez, Jr. We grant the motion filed on April 1, 2002. Appellant shall file and serve the opening brief and appendix by June 21, 2002. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 02-06242
06/10/2002Notice/IncomingFiled Notice. Suggestion of Death Upon Record. 02-10124
06/19/2002MotionFiled Motion to Extend Time. (Second Request). 02-10646
07/09/2002Order/ProceduralFiled Order. On June 10, 2002, counsel for appellant filed a notice of death of Andrew Imperati, Sr. Counsel for appellant shall have 30 days from the date of this order to: (1) file a motion for substitution of the personal representative of Mr. Imperati as appellant in this appeal; (2) inform this court whether additional time is required for the substitution of a personal representative; or (3) inform this court that Mr. Imperati has no personal representative.On June 19, 2002, counsel for appellant filed a motion for a second extension of time to file the opening brief. Cause appearing, we grant the motion. Appellant shall have 60 days from the date of this order to file the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a). 02-11646
08/08/2002Notice/IncomingFiled Notice. Information. 02-13564
08/26/2002BriefFiled Opening Brief. Mailed on: 08/22/02. 02-14623
08/26/2002AppendixFiled Joint Appendix. 02-14624
09/17/2002Order/ProceduralFiled Order. Mr. Pehr shall have 30 days from the date of this order to (1) inform this court whether a public administrator will administer appellant's estate pursuant to NRS 253.040, NRS 253.043, OR NRS 253.015 or (2) inform this court that appellant still has no personal representative. In the event Mr. Pehr again informs this court that appellant has no personal representative, this appeal may be dismissed as abandoned. If a public administrator will be administering appellant's estate, Mr. Pehr shall, within 60 days from the date of this order, show cause why this appeal should survive the death of appellant. In light of this order, we suspend briefing in this appeal pending further order from this court. 02-16168
10/16/2002Notice/IncomingFiled Notice. Appellant's Notice of Appointment of Special Administratrix and Estate of Andrew Imperati, Sr. 02-17971
10/16/2002MotionFiled Motion. Appellant's Motion for Substitution of Party. 02-17973
10/16/2002MotionFiled Motion. Appellant's Motion to Show Cause why this Appeal should Survive the Death of Appellant Andew Imperati, Sr. 02-18004
05/02/2003Order/ProceduralFiled Order Granting Motion. and Reinstating Briefing. We grant the unopposed motion filed October 16, 2002, and substitute Gloria Patterson, as special administratrix of the estate of Andrew Imperati, Sr., as appellant in this appeal. The clerk of this court shall modify this court's caption to be consistent with the caption on this order. Having reviewed the respons to our order to show cause, we conclude that this appeal has not been rendered moot by the death of appellant. We reinstate the briefing of this apepal. Respondents shall have 30 days from the date of this order to file an answering brief. Appellant sshall have 30 days from service of the answering brief to file a reply brief, if deemed necessary. 03-07431
06/04/2003BriefFiled Answering Brief. 03-09348
07/08/2003BriefFiled Reply Brief. 03-11379
04/28/2004Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "We reverse the district court order denying Imperati's petition for writ relief, and we remand this case to the district court for the issuance of writ of mandamus, compelling a justice's court jury trial in this matter." SNP04D-RR/WM/MD 04-07764
05/25/2004RemittiturIssued Remittitur. 04-08091
05/25/2004Case Status Update Remittitur Issued/Case Closed.
06/16/2004RemittiturFiled Remittitur. Received by County Clerk on May 27, 2004. 04-08091