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United States Court Cases

Nevada Supreme/Appellate Court Record

GENEVA MINERALS VS. FLAHERTY

Case Information: 35704
Short Caption:GENEVA MINERALS VS. FLAHERTYCourt:Supreme Court
Related Case(s): 35709
Lower Court Case(s):Clark Co. - Eighth Judicial District - A368222
Clark Co. - Eighth Judicial District - A390118
Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Justice Agosti for Justice BeckerPanel Assigned: Panel
To SP/Judge:03/07/2000 / Nitz, DanaSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/10/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/28/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from T.D. Barnes--check no. 1006.
02/28/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-03088
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.)
06/15/2000MotionFiled Motion. Motion for Leave to Correct Decision and Judgment. 00-10199
06/23/2000MotionFiled Response to Motion. Opposition to Respondents' Motion for Leave to Correct Decision. 00-10749
10/13/2000Order/ProceduralFiled Order. On June 15, 2000, respondents filed a motion to remand this matter to the district court to correct clerical mistakes in the district court's judgment. Appellant opposes the motion. We defer ruling on the motion to remand. Respondents shall, within 60 days of the date of this order, file in this court a copy of an order of the district court certifying that it is inclined to enter an order correcting clerical mistakes in the judgment. Alternatively, if respondents are unable to obtain the Huneycutt certification, respondents shall so inform this court in writing within 60 days of the date of this order. 00-18195
12/21/2000Letter/IncomingFiled Letter. from attorney Gregory S. Gilbert re: status of district court order. 00-22285
12/26/2000Letter/IncomingFiled Letter. from Judge Nancy M. Saitta re: intention to clarify the Judgment in this matter. 00-22496
02/09/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: No date or time provided. 01-02696
02/26/2001Order/ProceduralFiled Order. Order of Limited Remand. On December 26, 2000, we received a letter from the district court certifying its inclination to grant respondents' requested relief. We remand this matter to the district court for the limited purpose of allowing the district court to modify and clarify its November 19, 1999 order. The district court shall enter its order within 30 days of the date of this order, and the district court clerk shall immediately transmit a certified copy of the order to this court. This order of limited remand does not affect the viability of this appeal or the continuing jurisdiction of this court. 01-03506
03/29/2001Order/IncomingFiled District Court Order. Certified copy of Amended Decision filed in district court on March 28, 2001 (via fax). 01-05505
03/30/2001Order/IncomingFiled District Court Order. Certified copy of order filed in district court on March 28, 2001 (received by fax on 03/29/01). 01-05578
05/21/2001Order/IncomingFiled District Court Order. Certified copy of order filed in district court on March 28, 2001 (Amended Decision). 01-08377
05/21/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a dismiss the appeal if the conditions are performed by 10/01/01. 01-08475
01/07/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-00367
01/07/2002Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
01/16/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Upon the filing of the 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). 02-01066
01/16/2002Other Returned Unfiled Document. Blank Docketing Statement mailed to counsel for appellant. Corrected Docketing Statement due 10 days.
01/25/2002Docketing StatementFiled Docketing Statement. 02-01732
01/28/2002Notice/IncomingFiled Notice. Suggestion of Death upon the Record. Death of respondent Robert F. Flaherty. 02-01792
01/28/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 3, 1999 and August 4, 1999. To Court Reporter: Kris Cornelius. 02-01822
01/31/2002Notice/IncomingFiled Proof of Service. (Request for Transcript of Proceedings). 02-02099
02/28/2002TranscriptFiled Transcript. Proceedings: August 3, 1999, August 4, 1999. Court Reporter: Kristine Cornelius. 02-03711
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. 02-06272
05/09/2002BriefFiled Opening Brief. Mailed on: 05/07/02. Signed by: Roger L. Harris. 02-08147
05/09/2002AppendixFiled Appendix to Opening Brief. 02-08149
05/10/2002MotionFiled Motion to Extend Time. Motion for Additional Time to file Response to Order filed on April 9, 2002. 02-08226
05/13/2002Notice/IncomingFiled Proof of Service. and Receipt of Service to Appellant's Opening Brief and Appendix. 02-08395
05/15/2002Order/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 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. 02-08498
06/05/2002MotionFiled Stipulation and Order. Brief due: July 8, 2002. 02-09792
06/12/2002MotionFiled Motion. Motion for Substitution of Personal Representative. 02-10208
06/28/2002MotionFiled Motion to Extend Time. Motion for Extension of Time for Respondents to file their Brief. (Second Request) 02-11213
06/28/2002Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
07/03/2002Notice/IncomingFiled Proof of Service. for Motion for Extension of Time for Respondents to File Their Brief. 02-11368
08/20/2002Order/ProceduralFiled Order. We grant the motion filed on June 12, 2002, to substitute Diana L. Flaherty as the personal representative of Robert F. Flaherty. The clerk of this court shall modify this court's docket to indicate that responses are 'Diana L. Flaherty, Individually and as Special Administrator of the Estate of Robert F. Flaherty; and Phoenix Metals U.S.A. II, Inc., A Colorado Corporation.' We grant the motion filed on June 28, 2002. The clerk of this court shall file the answering brief and appendix received August 8, 2002, and the certificate of compliance received on August 14, 2002. Appellant shall have 30 days from the date of this order to file and serve a reply brief. 02-14199
08/20/2002BriefFiled Answering Brief. Mailed on:FedEx 08/07/02. (Filed the Certificate of Compliance and attached to the original and copies of the Answering Brief filed 08/20/02). 02-13540
08/20/2002AppendixFiled Appendix to Answering Brief. 02-13541
08/20/2002Notice/IncomingFiled Certificate of Compliance. (Filed the Certificate of Compliance and attached to the original and copies of the Answering Brief filed 08/20/02). 02-13929
08/23/2002MotionFiled Motion. Law firm of Kummer Kaempfer Bonner & Renshaw. 02-14491
09/03/2002MotionFiled Response to Motion. Opposition to Motion to Withdraw as Counsel for Respondents. 02-15187
11/12/2002Order/ProceduralFiled Order Granting Motion. to withdraw as counsel of record for respondents, filed August 23, 2002. The clerk of this court shall remove the law firm of Kummer Kaempfer Bonner & Renshaw as counsel of record for respondents. Respondents shall have 30 days from the date of this order to retain new counsel and cause new counsel to enter a notice of appearance with this court. Within the same time period, respondents shall notify this court in writing if they do not intend to retain new counsel. We caution respondents that failure to retain new counsel may result in this appeal being submitted for a decision on the briefs, without oral argument. 02-19405
11/12/2002Case Status Update Briefing Completed. No reply brief filed.
02/14/2003OtherDisqualification of Justice Becker. Sat in related district court proceedings.
03/10/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 03-03929
03/10/2003Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-DA/MS/ML
03/11/2003Order/ProceduralFiled Order. On November 12, 2002, this court entered an order granting Kummer Kaempfer Bonner & Renshaw's motion to withdraw as counsel for respondents. To date, respondents have not communicated with this court or caused new counsel to enter an appearance on their behalf. We conclude that respondents are proceeding in this appeal in proper person. This appeal shall be submitted for a decision on the briefs, without oral argument. 03-04064
05/15/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-DA/MS/ML 03-08274
06/10/2003RemittiturIssued Remittitur. 03-08607
06/10/2003Case Status Update Remittitur Issued/Case Closed.
06/25/2003RemittiturFiled Remittitur. Received by County Clerk on June 12, 2003. 03-08607