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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 35700
Short Caption:HARDISON VS. WOLFECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D236192Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/07/2000 / Pomrenze, SandraSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/27/2001How Submitted:

+ Party Information

Docket Entries
02/28/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of David C. Amesbury--check no. 09985.
02/28/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-03069
02/28/2000Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
03/07/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Sandra Pomrenze. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
03/13/2000Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: March 6, 2000. 00-03921
05/25/2000Notice/IncomingFiled Notice of Association of Counsel. Respondent Leon Hardison, Sr., has associated Paul M. Gaudet to serve as his counsel in this matter (no action required). 00-08796
08/18/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-14514
08/18/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
09/05/2000Docketing StatementFiled Docketing Statement. 00-15595
09/07/2000Order/ProceduralFiled Order/Briefing Schedule. The parties were unable to agree to a settlement of this appeal. 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). 00-15778
09/11/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/23/99, 3/23/99, 6/14/99, 7/21/99, 7/30/99, 8/5/99, 8/25/99, 8/26/99, 9/1/99, 9/2/99, 10/11/99, 10/22/99, 11/15/99,11/30/99,12/1/99, 1/18/00. To Court Reporter: Family Court Transcription. 00-15980
09/14/2000Notice/IncomingFiled Proof of Service. of Request for Transcript. 00-16232
10/12/2000TranscriptFiled Transcript. Proceedings: 2/23/99, 3/23/99, 6/14/99, 7/30/99, 8/5/99, 10/11/99, 11/15/99, 12/1/99. Court Reporter: Deborah S. Casper. 00-18126
10/30/2000Notice/IncomingFiled Notice of Change of Address. Paul M. Gaudet. 00-19061
01/02/2001MotionFiled Motion to Extend Time. 01-00064
01/08/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's opening brief and appendix shall be served and filed on or before February 5, 2001. 01-00384
01/09/2001MotionFiled Response to Motion. Opposition to Appellant's Motion for an Enlargement of Time in which to File the Opening Brief and Appendix. 01-00507
01/25/2001Order/ProceduralFiled Order. Family Court Transcription shall have 20 days from the date of this order to prepare and file the remaining requested transcripts. If more time is needed to complete the preparation of the transcripts, Family Court Transportation shall, within the same time period, file a motion with this court requsting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Family Court Transcription shall notify this court, in writing, of this fact. Further, in the event the telephone conferences were not recorded, Family Court Transcription shall, within 20 days of the date of this order, inform this court in writing of this fact. On January 9, 2001, respondent filed an opposition to appellant's January 2, 2001, motion. We elect to treat respondent's opposition as a motion for reconsideration of our January 8, 2001, order. No good cause appearing, we deny respondent's motion for reconsideration. 01-01630
02/01/2001Notice/IncomingFiled Notice. Amended Certification the Transcripts. 01-02171
02/07/2001BriefFiled Opening Brief. Mailed on: LV Drop Box 2/5/01. 01-02462
02/16/2001BriefFiled Amended Brief. Appellant's Amended Opening Brief. Mailed on: LV Drop Box 2/14/01.clerk2 01-03077
02/16/2001AppendixFiled Appendix to Opening Brief. Appellant's Appendix to Appellant's Amended Opening Brief; Volumes A and B. 01-03079
04/19/2001Order/ProceduralFiled Order. To date, respondent has failed to file the answering brief. Respondent shall, within 15 days of the date of this order, file and serve the answering brief. Failure to comply timely with this order may result in the imposition of sanctions against respondent's counsel. Appellant may file a reply brief, if deemed necessary, within 30 days of service of the answering brief. 01-06682
05/07/2001BriefFiled Answering Brief. Mailed on: LV Drop Box 05/04/01. 01-07547
05/07/2001Notice/OutgoingIssued Notice of Deficient Appendix. Returned Unfiled Respondent's Appendix. Corrected appendix due: 10 days.
05/07/2001MotionFiled Motion to Strike. Motion to Strike Portions of Appellant's Appendix. 01-07624
05/14/2001AppendixFiled Appendix to Answering Brief. 01-07955
07/27/2001Order/ProceduralFiled Order. On May 7, 2001, respondent filed a motion to strike portions of appellant's appendix. Our review of the appellant's appendix indicates that it does not comply with the requirements of NRAP 30. Accordingly, when taking this matter under consideration this court will disregard any references or citations to documents improperly presented before this court. To date appellant has not filed a reply brief in this appeal. We elect to treat appellant's failure to file a reply brief as a waiver of the right to file a reply brief, and briefing of this appeal is deemed completed. 01-12726
12/17/2001Notice/IncomingFiled Notice. Notice of Death (of respondent Leon Hardison, Sr.). 01-21208
12/21/2001Order/ProceduralFiled Order. On December 17, 2001, counsel for respondent filed a notice of death of respondent. Counsel for respondent shall have 30 days from the date of this order to: (1) file a motion for substitution of the personal representative of Leon Hardison, Sr., as respondent in this appeal; inform this court whether additional time is required for the substitution of a personal representative; or (3) inform this court that Leon Hardison, Sr., has no personal representative. 01-21525
12/27/2001Order/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. 01-21789
12/27/2001Case Status Update Submitted for Decision.
01/14/2002MotionFiled Response to Order to Show Cause. Status of Personal Representative. 02-00975
01/18/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 14, 2001. Counsel for respondent shall have 30 days to: (1) file a motion for substitution of personal representative of Leon Hardison, Sr., deceased; (2) inform this court whether additional time is required; or (3) inform this court that Leon Hardison, Sr., has no personal representative. 02-01262
03/13/2002Letter/IncomingFiled Letter. from Attorney David C. Amesbury with Order Appointing Administrator and for Issuance of Letters of Administration filed in the district court on March 8, 2002. 02-04532
03/28/2002MotionFiled Motion. Motion for Substitution. 02-05553
05/09/2002Order/ProceduralFiled Order Granting Motion. On March 28, 2002, counsel for respondent filed a 'Motion for Substitution.' Cause appearing, we grant the unopposed motion. The clerk of this court shall modify this court's caption to indicate that respondent is Leon Hardison, Jr., as personal representative of Leon Hardison, Sr., deceased. As a result of this substitution it appears that Leon Hardison, Jr., is the appellant in this appeal as well as the respondent, albeit in different capacities. Accordingly, appellant shall have 15 days from the date of this order to show cause why we should not dismiss this appeal. 02-08138
05/28/2002MotionFiled Response to Order to Show Cause. Opposition to Supreme Court's Order to Show Cause why the Appeal Should Not be Dismissed. 02-09280
05/28/2002Notice/IncomingFiled Notice. Substitution for Respondent. 02-09284
07/08/2002Order/ProceduralFiled Order. On May 28, 2002, appellant's counsel, Mr. Amesbury, filed a "Substitution of Respondent" moving to substituteTassy Wolf in place of Leon Hardison Jr. as person representative of respondent. We defer the ruling on the motion pending the filing of additional documentation by counsel for appellant and respondent. Mr. Amesbury shall have 15 days from the date of this order to file additional documentation regarding Ms. Wolf, notifying this court whether Ms. Wolf has been appointed as the personal representative of Leon Hardison, Sr., and if so, provide this court with a copy of such order. Counsel for respondent shall have 30 days from the date of this order to notify this court of respondent's position on the motion for substitution. 02-11547
07/18/2002MotionFiled Response to Order to Show Cause. Counsel's Position on Motion for Substitution pursuant to Court Order. (Submitted by counsel for respondent, Paul Gaudet.) 02-12293
07/25/2002MotionFiled Response to Order to Show Cause. 02-12736
08/20/2002Order/ProceduralFiled Order Granting Motion. to Substitute filed May 28, 2002. Paul M. Gaudet, respondent's counsel, filed his response to our July 8, 2002, order on July 18, 2002. Appellant's response to our July 8, 2002, order was filed on July 25, 2002. We grant the motion to substitute Ms. Wolfe in the place of Leon Hardison, Jr., as personal representative of Leon Hardison, Sr. for the purposes of this appeal. The clerk of this court shall modify the caption of this appeal to be consistent with the caption on this order. We elect to treat the statement by Mr. Gaudet, that the personal representative should be required to obtain counsel for representation in this matter, be treated as a motion to withdraw as counsel for respondent. The briefing of this appeal was completed on May 14, 2001, and that this appeal was submitted for decision on December 27, 2001, on the briefs filed with this court. Because it appears that no additional documents need to be filed with this court, we deny the motion to withdraw. 02-14193
09/10/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP02-MS/RR/NB 02-15630
10/08/2002RemittiturIssued Remittitur. 02-15806
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/21/2002RemittiturFiled Remittitur. Received by County Clerk on October 10, 2002. 02-15806