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United States Court Cases

Nevada Supreme/Appellate Court Record

TIMBER TECH VS. TRAVELERS CASUALTY & SURETY C/W 34546

Case Information: 34941
Short Caption:TIMBER TECH VS. TRAVELERS CASUALTY & SURETY C/W 34546Court:Supreme Court
Consolidated: 34546 *, 34941Related Case(s): 34546 , 35642
Lower Court Case(s):Clark Co. - Eighth Judicial District - A399051Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/15/1999 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/08/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 72142.
10/08/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-09732
10/15/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
10/22/1999MotionFiled Motion to Dismiss Appeal. Respondent Travelers Casualty & Surety Company's (f/k/a Aetna Casualty & Surety Company) Motion to Dismiss. 99-10377
11/04/1999MotionFiled Response to Motion. Appellant's Opposition to Respondent Travelers Casualty & Surety Company's Motion to Dismiss. 99-10825
12/06/1999MotionFiled Motion for Permission to File Document. Respondent Travelers Casualty & Surety Company's (F/K/A Aetna Casualty & Surety Company) Motion for leave to file Reply to Opposition to Motion to Dismiss. 99-12194
05/04/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: Negotiations are continuing; expect final report 30-45 days. 00-07314
11/13/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Settlement Judge suggests 34546, 34941 and 35642 be consolidated for purposes of appeal. 00-19834
11/13/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
11/22/2000Order/ProceduralFiled Order/Consolidation. We conclude that in the interest of judicial economy, these appeals should be consolidated. Accordingly, we hereby consolidate the above-entitled matters for all appellate purposes. The parties were unalbe to agree to a settlement of these matters. Upon the filing of the docketing statements, this court shall conduct a preliminary jurisdictional review of these appeals. 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). Fn1[We defer ruloing on respondent's October 22, 1999, motion to dismiss, filed in docket no. 34941, pending completion of our jurisdictional review. Cause appearing, we grant respondent's December 6, 1999 motion for leave to file a reply in support of its motion to dismiss filed in docket no. 34941. The clerk of this court shall file respondent's proposed reply, attached as Exhibit 1 to its motion for leave to file a reply.] Nos. 34546/34941/35642
11/22/2000MotionFiled Reply to Response. Respondent Travelers Casulty & Surety Company's (f/k/a Aetna Casualty & Surety Company) Reply to Appellant's Opposition to Motion to Dismiss. (No. 34941 only.) Nos. 34546/34914/35642 00-20531
11/30/2000Docketing StatementFiled Docketing Statement. Nos. 34546, 45941 & 35642. (00-20907)
12/29/2000Order/ProceduralFiled Order. To date, appellant has failed to file either a transcript request form or a certificate indicating that no transcript is being requested in these consolidated appeals. Appellant shall, within 10 days of the date of this order, file and serve the required document. Failure to comply timely with this order may result in the immediate dismissal of these appeals as abandoned. Nos. 34546, 34941, 35642. Document No. 00-22712.
01/11/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/1/99; 7/26/99; 12/13/99. To Court Reporter: Tom Mercer. Nos. 34546/34941/35642.
01/18/2001Notice/IncomingFiled Notice of Appearance. Morris, Pickering & Sanner is counsel of record for respondent Travelers Casualty & Surety Company in place of Schreck Morris, its current counsel of record. Nos. 34546/34941/35642.
03/23/2001TranscriptFiled Transcript. Proceedings: 6/1/99; 7/26/99; 12/13/99. Court Reporter: Tom Mercer. Nos. 34546/34941/35642. (01-05158)
03/27/2001MotionFiled Motion and Order Extending Time. Brief due: April 23, 2001. Nos. 34546/34941/35642 (01-05355).
03/28/2001Order/ProceduralFiled Order. Appellant shall have 10 days from the date of this order to serve Perkins' counsel with a copy of the transcript request form and to file proof of such service with this court. Nos. 34546/34941/35642. (01-05405)
03/29/2001MotionFiled Response to Motion. The Home Insurance Company's Opposition to Motion to Enlarge Time to File Appellant's Opening Brief and Appendix. Nos. 34546/34941/35642 (01-05472)
04/06/2001Order/ProceduralFiled Order. On March 27, 2001, appellant filed a motion for an extension of time to file the opening brief in these consolidated cases. On March 27, 2001, this court granted appellant's motion. On March 29, 2001, respondent Home Ins. Co. filed an opposition to appellant's motion for an extension of time. We elect to treat respondent's opposition as a motion for reconsideration. We deny respondent's motion for reconsideration. We caution appellant, however, that failiure to demonstrate good cause for any further delays in the briefing of this appeal may result in the imposition of sanctions. Nos. 34546/34941/35642 (01-05932).
04/09/2001Notice/IncomingFiled Proof of Service. Proof of Service and Affidavit of Leticia L. Lopez for Request for Transcript of Proceedings. Nos. 34546/34941/35642 (01-06023). Mailed on: Las Vegas Drop Box 4/6/01.
04/17/2001Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeals in Docket Nos. 34546 and 34941 and Directing Briefing in Docket No. 35642. These appeals have been consolidated. We conclude that NRCP 54 (b) certification of finality of the June 17 and August 3, 1999 orders was improper. Accordingly we lack jurisdiction to consider the appeals in Docket Nos. 34546 and 34591, and " . . . we dismiss them." We have jurisdiction over Timber Tech's appeal in Docket No. 35642. Thus, on appeal from the January 19, 2000 order in docket No. 35642, Timber Tech may challenge all prior interlocutory orders, including the June 17 and August 3, 1999 orders. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. Briefing shall thereafter proceed in accordance with NRAP 31(a)(1). SNP01A-CY/ML/NB. Nos. 34546/34941/35642-these cases are no longer consolidated.Order Dismissing Appeals in Docket Nos. 34546 and 34941 and Directing Briefing in Docket No. 35642. These appeals have been consolidated. We conclude that NRCP 54 (b) certification of finality of the June 17 and August 3, 1999 orders was improper. Accordingly we lack jurisdiction to consider the appeals in Docket Nos. 34546 and 34591, and " . . . we dismiss them." We have jurisdiction over Timber Tech's appeal in Docket No. 35642. Thus, on appeal from the January 19, 2000 order in docket No. 35642, Timber Tech may challenge all prior interlocutory orders, including the June 17 and August 3, 1999 orders. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. Briefing shall thereafter proceed in accordance with NRAP 31(a)(1). SNP01A-CY/ML/NB. Nos. 34546/34941/35642. (No. 35642 is no longer consolidated with Nos. 34546 and 34941.) 01-06536
05/15/2001RemittiturIssued Remittitur. 01-06602
05/15/2001Case Status Update Remittitur Issued/Case Closed.
06/21/2001RemittiturFiled Remittitur. Received by County Clerk on May 29, 2001. 01-06602