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United States Court Cases

Nevada Supreme/Appellate Court Record

AMERICAN STATES INSURANCE CO VS. DISTRICT COURT C/W 33780, 33968

Case Information: 34436
Short Caption:AMERICAN STATES INSURANCE CO VS. DISTRICT COURT C/W 33780, 33968Court:Supreme Court
Consolidated: 33780 *, 33968 , 34436Related Case(s): 33780 , 33968 , 34352
Lower Court Case(s):Clark Co. - Eighth Judicial District - A360332Classification:Original Proceeding - Civil - Certiorari/Mandamus
Disqualifications:Maupin, YoungCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/30/1999OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
06/30/1999OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
06/30/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Laxalt & Nomura--check no. 04619.
06/30/1999Petition/WritFiled Petition for Writ. Joint Petition for Writ of Mandamus, or, Alternatively, Writ of Certiorari and Memorandum of Points and Authorities and Joint Request to Consolidate with Pending Proceedings Supreme Court No. 33780 and 33968. 99-05753
06/30/1999Notice/IncomingFiled Proof of Service. Certificate of Mailing of Joint Petition for Writ of Mandamus, or, Alternatively, Writ of Certiorari and Memorandum of Points and Authorities and Joint Request to Consolidate with Pending Proceedings Supreme Court No. 33780 and 33968. 99-05754
07/20/1999Order/ProceduralFiled Order/Answer Writ Petition. The order sanctioning petitioners' in district court Case No. A360332, is temporarily stayed pending our further review of this petition. Answer due: 20 days from the date of this order. Petitioners shall have 30 days to demonstrated that they have no plain, speedy and adequate remedy at law, and that a writ petition is the appropriate vehicle for challenging the district court's order. fn1[We defer consideration of petitioners' request for consolidation]. 99-06521
08/09/1999Petition/WritFiled Answer to Petition for Writ. Respondent's Reply to Joint Petition for Writ of Mandamus, or, Alternatively, Writ of Certiorari filed by Petitioners American States Insurance Company, John J. Carniato, Esq. And Gregory Dahl, Esq. 99-07333
08/19/1999MotionFiled Response to Order to Show Cause. Filed Response to Judicial Request for Supplemental Points and Authorites in Support of Joint Petition for Writ of Mandamus, or, Alternatively, Writ of Certiorari filed June 30, 1999. 99-07722
09/21/2000Order/ProceduralFiled Order. Order Re: Motions. Docket Nos. 33780 and 33968 were consolidated on May 4, 1999. We hereby consolidate Docket No. 34436 with these cases as well. On April 19, 1999, petitioners in Docket No. 33780 filed a motion to file supplemental authorities concerning contempt. On June 7, 1999, real parties in interest filed a motion for leave to file responsive authorities. These motions are granted. We direct the clerk of this court to file the supplemental authorities received from petitioner on April 13, 1999, and the responsive authorities received from real parties in interest on June 1, 1999. On June 11, 1999, petitioners in Docket Nos. 33780 and 33968 filed a motion for stay and to consolidate the appeal in Docket No. 34352 with these petitions. Real parties in interest filed a response on June 21, 1999. It appears that this motion should properly have been filed in Docket No. 34352. However, the appeal was dismissed on August 18, 200. The motion is denied as moot. Petitioners' motion for permission to file a responsive letter, filed on July 14, 1999, to which real parties in interest responded on July 21, 1999, concerns the appeal in Docket No. 34351, and is denied as moot. On July 20, 1999, this court ordered petitioners in Docket No. 34436 to demonstrate that a writ petition was the appropriate vehicle for challenging the district court's order. Petitioners in docket No. 34436 filed a response on August 19, 1999. Joinders in the response were filed by petitioners in Docket Nos. 33780 and 33968 on that same day. We conclude that a writ petition is the appropriate procedure by which to seek relief. On June 11, 1999, petitioners in Docket Nos. 33780 and 33968 filed a motion entitled 'Motion to Vacate Order Entered in Violation of Supreme Court Stay.' Real parties in interest opposed the motion on June 21, 1999. We conclude that to the extent petitioners' motion challenges the merits of the district court's order, such arguments are best considered in the context of the writ petition itself, not in the context of a motion pursuant to NRAP 27. Accordingly, we will not address them here. The motion to vacate the district court's written order on the basis that it violated this court's stay orders is denied. fn1[It appears that the real parties in interest acknowledge that this court's stay orders of March 10, 1999, and May 4, 1999, apply to stay enforcement of the district court's May 10, 1999, written order. To clarify this issue, we hereby order that enforcement of the May 10, 1999, order is stayed pending further order of this court. Nos. 33780, 33968, 34436. Document No. 00-16705.
10/12/2000Notice/IncomingFiled Notice of Change of Address. Law firm of Lauria Tokunada & Gates.
01/24/2001Letter/IncomingFiled Letter. from Laxalt and Nomura advising the Court that the Petitioners and Real Parties in Interest have agreed to a contingent settlement agreement in case nos. 33780/33968/34436. Document No. 01-01572
01/31/2001Letter/IncomingFiled Letter. from attorney Gregory F. Dahl advising the Court that the Petitioners and Real Parties in Interest have agreed to a contingent settlement agreement in case nos. 33780/33968/34436. Document No. 01-02102
01/31/2001Letter/IncomingFiled Letter. from attorney David N. Frederick advising the Court that the Petitioners and Real Parties in Interest have agreed to a contingent settlement agreement in case nos. 33780/33968/34436. Document No. 01-02103
02/02/2001Letter/IncomingFiled Letter. from attorney Raymond R. Gates advising the Court that the Petitioners and Real Parties in Interest have agreed to contingent settlement agreement in case nos. 33780/33968/34436. Document No. 01-02254
02/21/2001MotionFiled Motion to Dismiss Petition. Stipulation to Dismiss Writ Proceedings. Nos. 33780/33968/34436. (01-03274)
03/12/2001Order/DispositionalFiled Order Dismissing Petition. Order Dismissing Petitions. Pursuant to the stipulation of the parties and cause appearing, " . . . these petitions are dismissed." The parties shall bear their own costs and attorneys' fees. NNP/CLK Nos. 33780/33968/34436. 01-04368
03/12/2001Case Status Update Case Closed. No remittitur issued.