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United States Court Cases

Nevada Supreme/Appellate Court Record

NORTON CO. VS. FERGESTROM

Case Information: 35719
Short Caption:NORTON CO. VS. FERGESTROMCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A351249Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/14/2000 / Galatz, NeilSP Status:Completed
Oral Argument:09/10/2001 at 11:00 AMOral Argument Location:Las Vegas Office
Submission Date:09/10/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/02/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Berkley Gordon Levine Goldstein & Garfinkel, LLP--check no. 3009.
03/02/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-03268
03/09/2000Letter/IncomingFiled Letter. from attorney Frank C. Cook. Attorneys Robert D. Ryan and Thomas Pitaro will be associated in this matter in place of Daniel F. Polsenberg. 00-03772
03/13/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 3, 2000 and January 11, 12, and 13, 2000. To Court Reporter: Carrie Hansen. 00-03908
03/14/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Neil Galatz. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
03/29/2000Order/ProceduralFiled Order. On March 9, 2000, the clerk of this court received a letter from Frank C. Cook. The letter purports to substitute attorneys. We disapprove the purported substitution of counsel, without prejudice to counsel's right to file a proper substitution of counsel pursuant to SCR 46. 00-05042
05/18/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-08320
05/18/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
06/01/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Court reporter Carrie Hansen: 30 days to prepare and complete the transcript requested by appellant pursuant to the transcript request filed on March 13, 2000. Appellant: 100 days to file and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 00-09243
06/05/2000Docketing StatementFiled Docketing Statement. 00-09425
07/05/2000TranscriptFiled Transcript. Proceedings: January 3, 2000, and January 11, 2000. Court Reporter: Carrie Hansen. 00-11456
07/06/2000TranscriptFiled Transcript. Proceedings: 01/12/00 and 01/13/00. Court Reporter: Carrie Hansen. 00-11513
09/01/2000MotionFiled Stipulation and Order. Brief due: September 29, 2000. 00-15500
09/28/2000BriefFiled Opening Brief. Appellant Norton Co.'s Opening Brief. Mailed on: 9/25/00. 00-17139
09/28/2000AppendixFiled Appendix to Opening Brief. Appellant Norton Co.'s Appendix. (Certificate of service stapled at back of appendix.) 00-17140
10/23/2000MotionFiled Stipulation and Order. Brief due: 11/27/00. 00-18736
11/02/2000Notice/IncomingFiled Substitution of Attorneys. Eric Fergestrom and Robert D. Ryan substitute in place and stead of Daniel F. Polsenberg as counsel for respondent. 00-19249
11/08/2000Order/ProceduralFiled Order. On November 2, 2000, respondent Erick Fergestrom filed a substitution of attorneys. There was no proof of service accompanying the document. Respondent Fergestrom shall file proof of service of the substitution of attorneys upon all parties to this appeal that are separately repreesented within fifteen days from the date of this orde.r 00-19610
11/17/2000Notice/IncomingFiled Proof of Service. Notice of Entry of Order. 00-20249
11/22/2000BriefFiled Answering Brief. Respondent Timothy Matthew's Answering Brief. Mailed on: Fed Ex 11/21/00. 00-20540
11/22/2000AppendixFiled Appendix to Answering Brief. 00-20541
11/27/2000BriefFiled Answering Brief. Respondent Fergestrom's Answering Brief. Mailed on: 11/21/00. 00-20651
12/22/2000MotionFiled Motion and Order Extending Time. Briefs due: January 26, 2001. 00-22357
01/24/2001BriefFiled Reply Brief. Mailed on: Fed Ex 01/23/01. 01-01539
01/26/2001Notice/IncomingFiled Notice of Change of Address. for attorney Robert D. Ryan. 01-01766
07/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 10, 2001 at 11:00 a.m. (SNP02-CY/DA/ML)
08/27/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
09/10/2001Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP02-CY/DA/ML
11/09/2001Order/DispositionalFiled Order of Affirmance. "AFFIRM the district court's judgment and order denying a new trial." SNP02-CY/DA/ML 01-18805
11/26/2001Letter/IncomingFiled Letter. from attorney Eric A. Daly requesting that the Order of Affirmance filed on November 9, 2001, be published. 01-19715
12/05/2001RemittiturIssued Remittitur. 01-19166
12/05/2001Case Status Update Remittitur Issued/Case Closed.
12/14/2001Letter/IncomingFiled Letter. from attorney L. Kristopher Rath regarding he would like to join in Mr. Eric Daly's request that the Supreme Court consider publishing its Order of Affirmance filed on November 9, 2001. 01-21107
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 17, 2001. 01-19166
04/24/2002Order/ProceduralFiled Order Denying Motion. Denying Motion for Publication. On November 9, 2001, this court entered an Order of Affirmance. On November 26, 2001, we received a letter from attorney Eric a. Daly, former counsel for respondent Timothy Matthews and on December 14, 2001, we received a letter from attorney L. Kristopher Rath, appellate counsel for Matthews, joining in Mr. Daly's request that this court publish the order as an opinion. We elect to treat the two letters as a motion for publication of the order as an opinion. We conclude that publication is not warranted. We deny the motion. 02-07215