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United States Court Cases

Nevada Supreme/Appellate Court Record

GUSTIN VS. BARNES

Case Information: 35709
Short Caption:GUSTIN VS. BARNESCourt:Supreme Court
Related Case(s): 35704
Lower Court Case(s):Clark Co. - Eighth Judicial District - A368222Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/07/2000 / Nitz, DanaSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/29/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/29/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Stanley W. Pierce--check no. 33451.
02/29/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-03160
03/07/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Dana Nitz. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
02/09/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-02697
02/09/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
02/26/2001Docketing StatementFiled Docketing Statement. 01-03537
03/02/2001Docketing StatementFiled Response to Docketing Statement. Respondents Phoenix Metals U.S.A. II, Inc.; Robert F. Flaherty; Dana L. Flaherty; and Robert F. Flaherty and Diana Flaherty, Inc.'s Response to Appellant Ralph C. Gustin, III's Docketing Statement. 01-03857
03/05/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. Upon the filing of docketing statement, 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). 01-03913
03/14/2001Transcript RequestFiled Certificate of No Transcript Request. 01-04537
03/26/2001Notice/IncomingFiled Proof of Service. (Transcript). 01-05300
07/03/2001BriefFiled Opening Brief. Mailed on: 06/29/01. 01-11198
07/03/2001AppendixFiled Appendix to Opening Brief. Vols. 1 through 4. 01-11199
07/27/2001MotionFiled Stipulation and Order. Respondents Phoenix Metals and Flaherty. Brief due: August 29, 2001. 01-12725
07/30/2001BriefFiled Answering Brief. Respondent Barnes' Answering Brief. Mailed on: Fed Ex 07/27/01. 01-12795
07/30/2001AppendixFiled Appendix to Answering Brief. Respondent Barnes' Appendix. 01-12796
08/20/2001BriefFiled Reply Brief. In reply to respondent Barnes' Answering Brief. Mailed on: No postmark. 01-14067
08/29/2001BriefFiled Answering Brief. Respondents Phoenix Metals U.S.A. II, Inc.; Robert F. Flaherty; Diana L. Flaherty; and Robert F. Flaherty and Diana Flaherty, Inc.'s Answering Brief. Mailed on: 08/27/01. 01-14637
09/12/2001BriefFiled Reply Brief. Appellant's Reply Brief (in reply to Flaherty's Answering Brief). Mailed on: 09/10/01. 01-15410
01/28/2002Notice/IncomingFiled Notice. Suggestion of Death upon the Record. Death of respondent Robert F. Flaherty. 02-01793
01/29/2002Order/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. 02-01896
01/29/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP02-MS/RR/NB.
04/09/2002Order/ProceduralFiled Order. On January 28, 2002, respondent Diana Lee Flaherty filed a 'Suggestion of Death Upon the Record' in the above appeals notifying this court of the death of respondent Robert F. Flaherty. Counsel for Mr. Flaherty shall have 30 days from the date of this order to: (1) file a motion for substitution of the personal representative of Mr. Flaherty as a respondent 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. Flaherty has no personal representative. Nos. 35704/35709-cases are not consolidated. 02-06273
05/09/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP02-MS/RR/NB 02-08163
05/10/2002MotionFiled Motion to Extend Time. Motion for Additional Time to file Response to Order filed on April 9, 2002. 02-08227
05/24/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Stanley W. Pierce--check no. 34909.
05/24/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 5/22/02. 02-09199
05/28/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 10, 2002. 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 Robert F. Flaherty, deceased, as respondent 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 Robert F. Flaherty, has no personal representative. 02-09262
06/12/2002MotionFiled Motion. Motion for Substitution of Personal Representative. 02-10207
06/19/2002Order/ProceduralFiled Order Granting Motion. requesting permission to substitute Diana Lee Flaherty as the personal representative of Robert F. Flaherty, filed June 12, 2002. Diana Flaherty shall be substituted in the place of Robert F. Flaherty as his personal administrator. The clerk of this court shall modify the caption of this appeal so that it is consistent with the caption of this order. 02-10614
07/10/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." Fn1 [Appellant also seeks en banc reconsideration. This request is premature and we therefore deny it without prejudice to appellant's right to file a timely petition for en banc reconsideration.] NNP02-MS/RR/NB 02-11777
07/22/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: 07/18/02. 02-12536
07/25/2002RemittiturIssued Remittitur. 02-12719
07/25/2002Case Status Update Remittitur Issued/Case Closed.
08/14/2002RemittiturFiled Remittitur. Received by County Clerk on August 1, 2002. 02-12719
08/23/2002MotionFiled Motion. Motion to Withdraw as Counsel for Respondents Robert F. & Diana L. Flaherty, Inc.; Phoenix Metals U.S.A. II, Inc., Robert F. Flaherty, and Diana Lee Flaherty. (Law firm of Kummer Kaempfer Bonner & Renshaw) 02-14494
09/05/2002Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC 02-15310
09/19/2002Order/ProceduralFiled Order Granting Motion. filed August 23, 2002. We elect to treat the motion as a notice of withdrawal and deem the law firm of Kummer Kaempfer Bonner & Renshaw to have withdrawn. 02-16304