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Nevada Supreme/Appellate Court Record


Case Information: 35722
Short Caption:SEMLER VS. EXBER, INC. C/W 35925Court:Supreme Court
Consolidated:35722*, 35925 Related Case(s): 35925
Lower Court Case(s):Clark Co. - Eighth Judicial District - A400339Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/10/2000 / Barker, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/29/2002How Submitted:On Briefs

+ Party Information

Docket Entries
03/02/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lefebvre, Barron & Vivone, Chtd.--check no. 11004.
03/02/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-03311
03/10/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William Barker. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
05/18/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-08323
05/18/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
06/07/2000Docketing StatementFiled Docketing Statement. 00-09613
06/09/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We hereby consolidate the above-entitled matters for all appellate purposes. The parties were unable 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) for each appeal; 120 days to file and serve a single opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 35722, 35925. 00-09805
06/28/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 11 through January 14, 2000. To Court Reporter: Janice Liston. Nos. 35722, 35925. 00-11043
08/10/2000TranscriptFiled Transcript. Proceedings: January 11, 12, 13 and 14, 2000. Court Reporter: Janice Liston. Nos. 35722/35925. 00-13941
10/10/2000MotionFiled Stipulation and Order. Brief due: November 6, 2000. Nos. 35722/35925 00-17872
11/08/2000BriefFiled Opening Brief. Mailed on: 11/6/00. (Nos. 35722 and 35925). 00-19664
11/08/2000AppendixFiled Appendix to Opening Brief. (Nos. 35722 and 35925). 00-19665
12/07/2000MotionFiled Stipulation and Order. Brief due: January 6, 2001 (nos. 35722/35925). 00-21367
01/09/2001MotionFiled Motion to Extend Time. (nos. 35722/35925). 01-00503
01/16/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Respondent shall have until February 6, 2001, to file and serve the answering brief. Nos. 35722, 35925. 01-00835
02/05/2001MotionFiled Motion to Extend Time. Nos. 35722/35925 01-02290
02/07/2001MotionFiled Response to Motion. Appellant Gloria Semler's Objection to Appellee's Motion to Extend Time for Filing Asnwering Brief. Nos. 35722/35925 01-02449
03/07/2001MotionFiled Motion to Extend Time. Nos. 35722/35925. 01-04135
03/16/2001MotionFiled Motion to Extend Time. (nos. 35722/35925). 01-04739
05/09/2001Order/ProceduralFiled Order. Order Granting Motions and Imposing Sanctions. On February 5, 2001, and March 7, 2001, respondent filed motions in these consolidated appeals for a third and fourth extension of time to file and serve the answering brief. On February 7, 2001, and March 16, 2001, appellant filed oppositions to respondent's motions. On March 8, 2001, respondent submitted an answering brief. Although we conclude that no good cause supports respondent's motions for an extension of time, we prefer to decide appeals on their merits. We grant respondent's motions. The clerk of this court shall file the answering brief received on March 8, 2001. Appellant may file a reply brief, if deemed necessary, within 30 days of the date of this order. We conclude that respondent's counsel's dilatory conduct in these appeals warrants the imposition of sanctions. Respondent's counsel, the law firm of Beckley, singleton, Jemison, Cobeaga & List, shall, within 15 days of the date of this order, personally pay the sum of $500 to appellant's counsel to cover the cost of filing oppositions to their motions for an extension of time. Respondent's counsel shall, within the same time period, file with the clerk of this court an affidavit or certificate verifying that such payment has been made. Nos. 37522/35925. (01-07796) 01-07796
05/09/2001BriefFiled Answering Brief. Nos. 35722/35925 (original Answering Brief filed in No. 35722). 01-04257
05/25/2001Notice/IncomingFiled Proof of Payment of Sanction. Affidavit of Charles A. Michalek in Compliance with Court Order. Nos. 35722/35925. 01-08775
06/11/2001MotionFiled Motion and Order Extending Time. Brief due: July 9, 2001. Nos 35722 and 35925. (01-09724). 01-09724
07/09/2001MotionFiled Motion to Extend Time. Nos. 35722/35925 01-11540
07/11/2001Order/ProceduralFiled Order Granting Motion. filed July 9, 2001. Appellant shall have to and including July 30, 2001, to file and serve the reply brief. 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. Nos. 35722/35925. (01-11704) 01-11704
08/01/2001BriefFiled Reply Brief. Mailed on: LV Drop Box 07/30/01. Nos. 36722/35925. 01-12971
01/29/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and these appeals shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 35722/35925. (02-01906) 02-01906
01/29/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP02-WM/MS/RR. Nos. 35722/35925.
08/12/2002Order/DispositionalFiled Dispositional Order/Appeal. Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." Shearing, J. and Becker, J. Rose, J., dissenting. NNP02-MS/RR/NB. Nos. 35722/35925. 02-13714
09/06/2002RemittiturIssued Remittitur. 02-13805
09/06/2002Case Status Update Remittitur Issued/Case Closed.
09/24/2002RemittiturFiled Remittitur. Received by County Clerk on September 10, 2002. 02-13805