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United States Court Cases

Nevada Supreme/Appellate Court Record

MAINOR VS. NAULT

Case Information: 39561
Short Caption:MAINOR VS. NAULTCourt:Supreme Court
Related Case(s): 47096
Lower Court Case(s):Clark Co. - Eighth Judicial District - A401657Classification:Civil Appeal - General - Other
Disqualifications:Gibbons, MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:05/06/2002 / Berkson, LesterSP Status:Completed
Oral Argument:02/09/2004 at 11:00 AMOral Argument Location:Carson City
Submission Date:02/09/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/30/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lemons Grundy & Eisenberg--check no. 32131.
04/30/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-07614
05/03/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Gary Logan--check no. 8994.
05/03/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-07819
05/03/2002Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
05/06/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/15/2002Notice/Outgoing Letter. Lester H. Berkson. (Notice of Cross-Appeal)
05/20/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent (Eisenberg). 02-08813
05/20/2002Docketing StatementFiled Docketing Statement. Respondents/Cross-Appellants (Logan). 02-08838
05/20/2002MotionFiled Stipulation. Stipulation Regarding Parties. The parties stipulate that defendants shall be deemed the appellants/cross-respondents and the plaintiffs shall be deemed the respondents/cross-appellants. 02-08843
05/20/2002Notice/Outgoing Letter. Lester H. Berkson. (Docketing statements of Appellant/Cross-Respondents submitted by attorneys Eisenberg and Logan)
05/28/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/7/02 through 1/23/02. To Court Reporter: Sharleen Nicholson. 02-09288
06/28/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: parties are continuing negotiations. 02-11160
09/03/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-15178
09/06/2002Settlement Program ReportFiled Interim Settlement Program Report. Amended Settlement Conference Status Report. The settlement conference is continued 30 days for further negotiations. 02-15426
10/09/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-17488
10/21/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Court recorder Sharleen Nicholson shall have 30 days from the date of this order to prepare and file the transcripts requested by appellants-cross/respondents (appellant) pursuant to the transcript request filed on May 28, 2002. Ms. Nicholson shall inform this court in writing that the transcripts requested by appellants were previously prepared and filed in the district court. Appellants should include copies of any previously prepared transcripts in the appendix to the opening brief. Respondents/cross- appellants (respondents): 15 days to comply with NRAP 9(a). Appellants: 100 days to file and serve opening brief and appendix. Respondents: 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants: 30 days from service of respondents' combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents: 30 days from service of appellants' combined brief to file and serve a reply brief on cross-appeal. 02-18241
10/31/2002Transcript RequestFiled Certificate of No Transcript Request. Certificate indicating no transcripts are being requested by Respondent/Cross-Appellants. 02-18761
11/08/2002TranscriptFiled Transcript. Proceedings: 01/09/02; 01/10/02; 01/11/02 and 01/14/02. Court Reporter: Sharleen Nicholson. 02-19293
11/25/2002TranscriptFiled Transcript. Proceedings: 1/15/02; 1/16/02; 1/17/02; and 1/18/02. Court Reporter: Sharleen A. Nicolson. 02-20237
12/05/2002TranscriptFiled Transcript. Proceedings: 01/22/02; 01/23/02; and 01/25/02. Court Reporter: Sharleen Nicholson. 02-20826
01/30/2003MotionFiled Motion and Order Extending Time. Brief due: February 28, 2003. 03-01648
03/03/2003MotionFiled Motion to Extend Time. 03-03442
03/05/2003Order/ProceduralFiled Order Granting Motion. filed March 3, 2003. Appellants/cross-respondents shall have until March 31, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-03606
03/31/2003MotionFiled Motion and Order/Excess Pages. Granted: 46 pages. 03-05331
03/31/2003BriefFiled Opening Brief. 03-05333
03/31/2003AppendixFiled Appendix to Opening Brief. vols. 1 through 6. 03-05334
04/29/2003MotionFiled Motion and Order Extending Time. Brief due: May 30, 2003. 03-07275
05/05/2003TranscriptFiled Transcript. Proceedings: January 8, 2002. Court Reporter: Sharleen Nicholson. 03-07510
05/22/2003MotionFiled Motion. Motion for Order Directing the Clerk of the Eighth Judicial District Court to Transmit an Original Trial Exhibit to the Clerk of the Court. 03-08657
05/22/2003MotionFiled Motion for Excess Pages. Motion for Permission to File Answering Brief on Appeal and Opening Brief on Cross-Appeal in Excess of 30 Pages. 03-08658
05/22/2003BriefReceived Answering Brief. Respondents' Answering Brief on Appeal and Opening Brief on Cross-Appeal. 03-08660
05/22/2003AppendixReceived Appendix. 03-08661
06/23/2003MotionFiled Motion to Extend Time. 03-10463
07/02/2003Order/ProceduralFiled Order Granting Motion. and Filing Brief and Appendix. On April 29, 2003, this court granted respondents/cross-appellants' ("respondents") motion for an extension of time until May 30, 2003, to file and serve a combined answering brief on appeal and opening brief on cross-appeal. On May 22, 2003, respondents submitted the combined brief along with a motion for leave to file a brief in excess of 30 pages. We grant the unopposed motion. The clerk of this court shall file respondents' combined brief and appendix that were received on May 22, 2003. On June 23, 2003, appellants filed a motion for an extension of time to file a combined reply brief on appeal and answering brief on cross-appeal. We grant the motion. Appellants shall file and serve the combined brief by July 23, 2003. Respondents shall have 30 days from the date of service of appellants' combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. On May 22, 2003, respondents filed a motion requesting this court to direct the district court clerk to transmit an original exhibit, Plaintiff's Trial Exhibit 53, described as a "videotape of Jason Nault produced for Appellants in August 1994. We grant the unopposed motion. The clerk of the district court shall certify and transmit "Plaintiff's Trial Exhibit 53," admitted in District Court Case No. A401657. 03-11120
07/02/2003BriefFiled Answering Brief. Respondents' Answering Brief on Appeal and Opening Brief on Cross-Appeal. 03-08660
07/02/2003AppendixFiled Appendix to Answering Brief. Respondents/Cross-Appellants. 03-08661
07/24/2003MotionFiled Motion to Extend Time. 03-12566
07/28/2003Order/ProceduralFiled Order Granting Motion. filed July 24, 2003. Appellants/cross-respondents shall have until August 22, 2003, to file and serve the combined brief. No further extensions shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 03-12662
08/15/2003MotionFiled Motion and Order/Excess Pages. Granted: 47 pages. 03-13652
08/15/2003BriefFiled Reply Brief. Appellant's Reply Brief on Appeal; Answering Brief on Cross-Appeal. 03-13659
09/12/2003BriefFiled Reply Brief on Cross-Appeal. Respondents/Cross-Appellants' Reply Brief on Cross-Appeal. 03-15296
09/12/2003AppendixFiled Appendix to Reply Brief. Respondents/Cross-Appellants' Reply Appendix. 03-15297
10/16/2003Order/ProceduralFiled Order. Regarding Transcripts. To date, Ms. Nicholson has not filed the transcript for proceedings held on the first day of trial, January 7, 2002. Ms. Nicholson shall have 20 days from the date of this order to prepare and file this missing transcript. If more time is needed to complete preparation of the transcript, Ms. Nicholson shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Nicholson shall notify this court, in writing, of this fact. 03-17197
11/07/2003TranscriptFiled Transcript. Proceedings: January 7, 2002. Court Reporter: Sharleen Nicholson. 03-18682
12/09/2003OtherDisqualification of Justice Gibbons. Sat in related district court proceedings.
12/15/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 9, 2004, at 11:00 a.m. (En Banc)
01/26/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
01/28/2004OtherDisqualification of Justice Maupin.
02/06/2004Order/IncomingFiled Executive Order. District Judge Janet Berry is appointed to sit in the place of Justice A. William Maupin. 04-02417
02/09/2004Case Status Update Submitted for Decision. EN BANC.
11/22/2004Opinion/DispositionalFiled Per Curiam Opinion. "Reversed." fn1[The Honorable Janet J. Berry, Judge of the Second Judicial District Court, was designated by the Governor to sit in place of the Honorable A. William Maupin, Justice. Nev. Const. art. 6, sec. 4. The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this matter. The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] Before the Court EN BANC. Author: Per Curiam. Majority: Shearing, C.J., Agosti, Rose and Becker, JJ., Berry, D.J. 120 Nev. Adv. Opn. No. 84. EN BANC. 04-21403
11/30/2004MotionFiled Motion to Extend Time. 04-21795
12/20/2004Order/ProceduralFiled Order Granting Motion. filed November 30, 2004. Respondents/cross-appellants shall have until January 10, 2005, to file and serve a petition for rehearing. 04-23105
12/22/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Gary Logan--check no. 9886.
12/22/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-23325
01/25/2005Order/ProceduralFiled Order. The Honorables Miriam Shearing, and Deborah A. Agosti, Senior Justices, are assigned to participate for all further proceedings in this matter. 05-01590
04/13/2005Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Rehearing and Correcting Opinion. "We deny the petition." NRAP 40(c). We direct the clerk of this court to correct the opinion in this case by deleting the reference to "a Los Angeles attorney: in the first sentence of the first full paragraph on page 33 of the opinion and replacing it with "an attorney from New York State." fn1[The Honorable Janet J. Berry, Judge of the Second Judicial District Court was designated by the Governor to sit in place of the Honorable A. William Maupin, Justice. The Honorable Mark Gibbons, Michael L. Douglas, James W. Hardesty, and Ron D. Parraguirre, Associate Justices, did not participate in the decision of this matter.] EN BANC-Becker, C.J., Rose, J., Shearing, Sr. J., Agosti, Sr. J., and Berry, D.J. 05-07259
05/05/2005MotionFiled Motion for Stay. Petition for Stay of Remittitur Pending Application for Certiorari to the Supreme Court of the United States. 05-08828
05/10/2005MotionFiled Response to Motion. Opposition to Petition for Stay of Remittitur. 05-09170
05/25/2005Post-Judgment OrderFiled Order/Remittitur. We stay issuance of the remittitur until August 2, 2005. If the clerk of this court receives written notice by August 2, 2005, from the clerk of the United States Supreme Court that respondents have filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by August 2, 2005, the remittitur shall issue on August 3, 2005. 05-10268
07/20/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed on July 12, 2005 and placed on the docket July 15, 2005 as Case No. 05-82. 05-14418
10/11/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 05-20180
10/17/2005Order/ProceduralFiled Order. to Issue Remittitur. On October 11, 2005, the clerk of this court received notice that the United States Supreme Court denied appellants petition on October 3, 2005. We direct the clerk of this court to issue the remittitur in this appeal. 05-20452
10/17/2005RemittiturIssued Remittitur. 05-20492
10/17/2005Case Status Update Remittitur Issued/Case Closed.
10/26/2005RemittiturFiled Remittitur. Received by County Clerk on October 19, 2005. 05-20492
10/11/2006Notice/OutgoingIssued Notice. Plaintiff's Trial Exhibit 53-videotape returned to the Clark County Clerk.
10/20/2006Notice/IncomingFiled Notice. Notice of Return of Exhibits. Received by County Clerk on October 16, 2006.