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United States Court Cases

Nevada Supreme/Appellate Court Record

TIMBER TECH VS. HOME INSURANCE

Case Information: 35642
Short Caption:TIMBER TECH VS. HOME INSURANCECourt:Supreme Court
Related Case(s): 34546 , 34941
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:02/17/2000 / Berkson, LesterSP Status:Completed
Oral Argument:06/28/2002 at 10:30 AMOral Argument Location:Carson City
Submission Date:06/28/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/14/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 074437.
02/14/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-02297
02/17/2000Settlement 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.)
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. 00-07316
11/13/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-19838
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
11/30/2000Docketing StatementFiled Docketing Statement. Nos. 34546, 34941 & 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.
01/19/2001Notice/IncomingFiled Substitution of Attorneys. 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/ProceduralFiled Order/Briefing Schedule. 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. (No. 35642 is no longer consolidated with Nos. 34546 and 34941.) 01-06537
04/23/2001MotionFiled Motion to Extend Time. 01-06830
04/24/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant shall have to and including May 22, 2001, to file and serve the opening brief and appendix. 01-06934
05/24/2001MotionFiled Motion to Extend Time. 01-08712
05/25/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 24, 2001. Appellant's opening brief and appendix shall be served and filed on or before June 21, 2001. 01-08786
06/25/2001MotionFiled Motion. Motion to Enlarge Time to File Appellant's Opening Brief and Appendix. 01-10660
06/27/2001BriefReceived Opening Brief. Mailed on: LV Drop Box 06/25/01. 01-10902
06/27/2001AppendixReceived Appendix to Opening Brief. Vols. 1 and 2. 01-10904
06/29/2001Order/ProceduralFiled Order Granting Motion. filed June 25, 2001. The clerk shall file the opening brief and appendix, received on June 27, 2001. Respondents shall have 30 days from the date of this order to file their answering briefs. Thereafter, briefing shall proceed in accordance with NRAP 319a)(1). 01-11021
06/29/2001BriefFiled Opening Brief. Mailed on: LV Drop Box 06/25/01. 01-10902
06/29/2001AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 01-10904
07/23/2001MotionFiled Stipulation and Order. Brief due: August 29, 2001. 01-12478
08/29/2001MotionFiled Motion to Extend Time. Motion to Approve Stipulation to Extend Time for Filing Respondents' Answering Briefs (Second Request). 01-14611
08/29/2001MotionFiled Stipulation. 01-14658
08/30/2001Order/ProceduralFiled Order Granting Motion. filed August 29, 2001. We grant the joint moiton for a second extension of time, and deny, as moot, respondent Travelers' moiton for this court to approve the stipulation. Respondents shall have to and including September 19, 2001, to file and serve the answering brief(s). We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. 01-14732
09/21/2001BriefFiled Answering Brief. Respondent Perkin's Answering Brief. Mailed on: LV Drop Box 09/19/01. 01-15942
09/21/2001AppendixFiled Appendix to Answering Brief. Respondent Perkin's Appendix. 01-15943
09/21/2001MotionFiled Motion and Order/Excess Pages. Granted: 31 pages 01-15965
09/21/2001BriefFiled Answering Brief. Respondent Travelers' Answering Brief. Mailed on: 09/19/01. 01-15971
09/24/2001BriefFiled Answering Brief. Respondent, The Home Insurance Company's Answering Brief. Mailed on: 09/19/01. 01-16109
10/22/2001MotionFiled Motion and Order Extending Time. Brief due: November 9, 2001. 01-17763
11/13/2001MotionFiled Motion to Extend Time. 01-18895
11/16/2001Order/ProceduralFiled Order Granting Motion. filed November 13, 2001. Appellant shall have until December 10, 2001, to file and serve the reply brief. No further extensions of time shall be permitted except upon demonstration of extreme and unforeseeable circumstances. 01-19228
12/12/2001MotionFiled Motion to Extend Time. 01-20904
12/19/2001Order/ProceduralFiled Order Granting Motion. filed December 12, 2001. Extreme and unforeseeable circumstances having been demonstrated, appellant shall have 7 days from the date of this order to file and serve the reply brief. 01-21378
12/27/2001BriefFiled Reply Brief. Mailed on: 12/20/01. 01-21760
04/22/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 4, 2002, at 1:30 p.m. in Carson City. (SNP02-CY/DA/ML)
04/26/2002MotionFiled Motion. Motion to Request Postponement of Oral Argument Setting. 02-07423
05/17/2002Order/ProceduralFiled Order Rescheduling Oral Argument. We grant respondent's motion to reschedule the oral argument of this matter. We vacate the oral argument presently scheduled for June 4, 2002, at 1:30 p.m. and direct the clerk of this court to schedule this appeal for oral argument on June 28, 2002, at 9:30 a.m. Argument shall be limited to 30 minutes. 02-08746
05/20/2002Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on June 28, 2002, at 11:30 a.m. in Carson City. (SNP02-CY/DA/ML)
06/13/2002Notice/IncomingFiled Notice. Memorandum of Supplemental Authorities. 02-10305
06/14/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
06/17/2002BriefFiled Supplemental Authorities. Supplemental Authority in Support of Respondent Traveles' Answering Brief. 02-10499
06/27/2002Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on June 28, 2002, at 10:30 a.m. in Carson City. (SNP02-CY/DA/ML)
06/28/2002Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP02-CY/DA/ML
10/18/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." fn12[After reviewing Timber Tech's remaining arguments, we conclude that they are without merit.] Before Young, Agosti and Leavitt, JJ. By the Court, Agosti, J. We concur: Young, J. and Leavitt, J. 118 Nev. Adv. Opn. No. 66. SNP02 02-18127
11/12/2002RemittiturIssued Remittitur. 02-18196
11/12/2002Case Status Update Remittitur Issued/Case Closed.
12/20/2002RemittiturFiled Remittitur. Received by County Clerk on November 14, 2002. 02-18196