| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/31/2000 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Lemons Grundy & Eisenberg--check no. 17286. | | |
| 03/31/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | | 00-05196
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| 04/04/2000 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Glade L. Hall--check no. 2686. | | |
| 04/04/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. | | 00-05437
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| 04/07/2000 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Carolyn Worrell. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
| 04/13/2000 | Notice/Incoming | Filed Substitution of Attorneys. Kay Bennett substitutes attorney Robert L. Eisenberg in place of attorneys Banta and LePome. | | 00-05929
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| 07/17/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: July 15, 2000. | | 00-12330
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| 07/17/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 00-12331
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| 07/17/2000 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statements mailed to counsel for appellant/cross-respondent and respondent/cross-appellant.) Due Date: 15 days | | |
| 07/27/2000 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 00-13070
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| 07/31/2000 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statements, this court shall conduct a preliminary jurisdictional review of this appeal and cross-appeal. Appellant/Cross Respondent J.J. Industries, LLC, and Respondent/Cross-Appellant Hale Bennett: 15 days to comply with NRAP 9(a). Appellant/Cross Respondent J.J. Industries, LLC: 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). | | 00-13182
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| 08/07/2000 | Transcript Request | Filed Certificate of No Transcript Request. Respondent/Cross-Appellant, Hale B. Bennett. | | 00-13612
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| 08/09/2000 | Transcript Request | Filed Certificate of No Transcript Request. Appellant/Cross-Respondent, J.J. Industries. | | 00-13845
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| 10/10/2000 | Order/Procedural | Filed Order/Show Cause. To date, appellant/cross-respondent has failed to file its docketing statement. Appellant/cross-respondent shall, within 10 days of the date of this order, file and serve the required document or show cause why its appeal should not be dismissed as abandoned. (Docketing statement mailed to counsel for appellant/cross-respondent.) | | 00-17865
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| 10/18/2000 | Notice/Incoming | Filed Notice of Association of Counsel. Representing appellant/cross respondent as additional counsel: Sherry B. Bowers. | | 00-18482
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| 10/24/2000 | Docketing Statement | Filed Docketing Statement. Appellant-Cross/Respondent J.J. Industries. | | 00-18803
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| 11/28/2000 | Motion | Filed Motion and Order Extending Time. Brief due: December 28, 2000. | | 00-20790
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| 12/05/2000 | Order/Procedural | Filed Order/Show Cause. Appellant J.J. Industries, LLC and cross-appellant Hale B. Bennett shall have 20 days from the date of this order to respond and submit documents. We suspend the briefing schedule in this appeal and cross-appeal pending further order of this court. | | 00-21190
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| 12/27/2000 | Motion | Filed Response to Order to Show Cause. Hale Bennett's Response to Order to Show Cause. | | 00-22536
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| 12/28/2000 | Motion | Filed Response to Order to Show Cause. Response to Order to Show Cause and Motion for Leave to Correct Clerical Error. | | 00-22628
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| 04/02/2001 | Order/Procedural | Filed Order. Appellant and cross-appellant shall have 30 days to obtain from the district court an order correcting the clerical error regarding Norman Kaye's counterclaim for slander of title, and to submit a file-stamped copy of any such order with the clerk of this court. The briefing schedule shall remain suspended pending further order of this court. | | 01-05654
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| 05/03/2001 | Notice/Incoming | Filed Notice. Notice of Filing Order Correcting Clerical Error with attached order filed in district court on April 30, 2001. | | 01-07447
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| 05/25/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 01-08843
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| 10/12/2001 | Order/Procedural | Filed Order/Briefing Reinstated. As the district court has resolved all of the claims, we have jurisdiction over this appeal and cross-appeal. Appellant shall have 30 days from the date of this order to file and serve the opening brief. Thereafter briefing shall proceed in accordance with NRAP 31(a)(1). | | 01-17220
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| 11/14/2001 | Brief | Filed Opening Brief. Mailed on: UPS 11/13/01. | | 01-18995
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| 11/14/2001 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 3. | | 01-18997
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| 12/13/2001 | Motion | Filed Motion and Order Extending Time. Answering/Opening (Hale Bennett). Brief due: January 14, 2002. | | 01-20997
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| 12/17/2001 | Notice/Incoming | Filed Notice. Notice of Pendency of Bankruptcy. | | 01-21211
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| 01/08/2002 | Motion | Filed Motion to Extend Time. Answering Brief on Appeal and Opening Brief on Cross-Appeal (Hale Bennett). | | 02-00465
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| 01/25/2002 | Motion | Filed Motion and Order/Excess Pages. Granted: 36 pages. | | 02-01741
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| 02/19/2002 | Notice/Incoming | Filed Notice. -- Robert LePome withdraws as counsel for respondents Norman and Cheryle Kaye. | | 02-03170
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| 03/22/2002 | Order/Procedural | Filed Order. Order Staying Appeal and Cross-Appeal. On December 17, 2001, respondents Norman Kaye and Cheryle J. Kaye ("respondents") filed a "Notice of Pendency of Bankruptcy," indicating that they had filed for relief from creditors in the United States Bankruptcy Court for the District of Nevada and that the automatic stay pursuant to 11 USC ยง 362(a) is in effect. It appears that respondents were defendants in the action below. Therefore, this appeal and cross-appeal are stayed. Because this matter remains on this court's active docket, however, counsel for respondents shall file a status report informing this court whether the bankruptcy stay is still in effect within 120 days from the date of this order. If the bankruptcy stay is lifted for any reason during that time period, counsel shall notify this court immediately and attach to the notice any orders entered by the bankruptcy court relating to the stay. On February 19, 2002, counsel of record for respondents Norman Kaye and Cheryle J. Kaye, attorney Robert C. LePome, filed a "Notice of Withdrawal." In that notice, Mr. LePome states that he is withdrawing as attorney of record because Richard Davis, the Chapter 7 trustee that was appointed in respondents' bankruptcy proceedings, "now represents Norman and Cheryle J. Kaye." Mr. LePome will remain counsel of record for respondents. Mr. LePome may file a proper motion to withdraw or substitute attorneys when this appeal is no longer stayed. On January 25, 2002, respondent/cross-appellant Hale B. Bennett and respondent Kay Bennett submitted a joint answering brief on appeal, which also included the opening brief for Hale B. Bennett's cross-appeal, and an appendix to that brief. fn1[While the Bennetts have filed a single combined brief, we note that Kay Bennett is only a respondent to the appeal of J.J. Industries, and is not involved in the cross-appeal brought by Hale B. Bennett. The brief is therefore deemed to be a joint answering brief on appeal, and opening brief for Hale Bennett's cross-appeal.] On February 11, 2002, appellant/cross-respondent submitted a reply brief. On February 22, 2002, respondent/cross-appellant submitted a reply brief on cross-appeal. In the interest of judicial economy, we direct the clerk of this court to file those briefs and the appendix. We deny as moot respondent/cross-appellant Hale B. Bennett's January 8, 2002, motion for an extension of time to file his answering brief on appeal and opening brief on cross-appeal. We note that respondents Norman Kaye and Cheryle J. Kaye's answering brief on appeal was due to be filed and served by December 14, 2001. In light of this order staying appeal and cross-appeal, we vacate that filing date and suspend all briefing pending further order of this court. | | 02-05149
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| 03/22/2002 | Brief | Filed Answering Brief. Hale and Kay Bennet's Answering Brief on Appeal and (Hale Bennet's) Opening Brief on Cross-Appeal. Mailed on: 01/24/02. Signed by: Robert L. Eisenberg. | | 02-01744
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| 03/22/2002 | Brief | Filed Reply Brief. Appellant/Cross-Respondent's Reply Brief. Mailed on: 02/08/02. Signed by: Glade L. Hall. | | 02-02660
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| 03/22/2002 | Brief | Filed Reply Brief on Cross-Appeal. (Respondent/Cross-Appellant) Hale Bennet's Reply Brief on Cross-Appeal. Mailed on: 02/22/02. Signed by: Robert L. Eisenberg. | | 02-03381
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| 03/22/2002 | Appendix | Filed Appendix to Answering Brief. Appendix of Respondents Hale and Kay Bennett. | | 02-01745
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| 07/29/2002 | Notice/Incoming | Filed Status Report. Status Report Regarding Bankruptcy. | | 02-12967
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| 08/28/2002 | Notice/Incoming | Filed Notice. Notice Regarding Termination of Bankruptcy Stay. | | 02-14872
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| 11/07/2002 | Order/Procedural | Filed Order. On August 28, 2002, Mr. Eisenberg file a 'Notice Regarding Termination of Bankruptcy Stay.' Attached to that notice is a copy of a 'Stipulation and Order Granting Relief From Automatic Stay.' That stipulation and order specifically lifts the stay as it applied to this appeal and cross-appeal. Accordingly, this appeal and cross-appeal may proceed. The Kayes shall have 30 days from the date of this order to file an answering brief or join in the answering brief filed by the Bennetts. Upon completion of briefing, this court will expedite our resolution of this appeal and cross-appeal as this court's calendar permits. | | 02-19189
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| 12/06/2002 | Brief | Filed Joinder to Brief. Trustee's Joinder in Briefs filed by Respondents Hale and Kay Bennett and Trustee's Supplemental Brief. Mailed on: FedEx 12/05/02. | | 02-20966
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| 03/07/2003 | Other | Disqualification of Justice Gibbons. | | |
| 03/21/2003 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 14, 2003, at 1:30 p.m. (NNP03-DA/RR/WM) | | |
| 03/31/2003 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 04/08/2003 | Letter/Incoming | Filed Letter. from Robert C. LePome - he no longer represents respondents Norman and Cheryle Kaye. | | 03-05884
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| 04/11/2003 | Order/Procedural | Filed Order. Allowing Substitution of Counsel. We elect to treat Mr. LePome's letter filed on April 8, 2003, as a motion to withdraw and we grant that motion. The clerk of this court shall remove Mr. LePome from the docket in this appeal. Counsel for J. J. Industries and counsel for the Kayes shall, within 15 days from the date of this order, inform this court of the status of Ms. Kaye as a party in this appeal. Further, if J. J. Industries believes Ms. Kay should not be a party to this appeal, it should file a motion to voluntarily withdraw this appeal as to Ms. Kaye only. See NRAP 42(b). We remind the parties that this matter remains scheduled for oral argument before the Northern Nevada Panel in Carson City on April 14, 2003, at 1:30 p.m. | | 03-06121
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| 04/14/2003 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP03-DA/RR/WM | | |
| 04/18/2003 | Notice/Incoming | Filed Notice. Status of Cheryle Kaye as a Party to this Appeal. | | 03-06685
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| 05/01/2003 | Notice/Incoming | Filed Notice. Status of Cheryle Klay as a Party to this Appeal. | | 03-07389
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| 05/12/2003 | Order/Procedural | Filed Order. Partially Dismissing Appeal. We elect to treat Mr. Hall's status report filed on May 1, 2003, as a motion to dismiss this appeal as it pertains to Cheryle Kaye. We grant the motion and dismiss this appeal as to respondent Cheryle J. Kaye only. The clerk of this court shall amend the caption for this appeal accordingly. | | 03-07998
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| 07/08/2003 | Opinion/Dispositional | Filed Per Curiam Opinion. "Affirmed in part, reversed in part and remanded with instructions." Before Agosti/Rose/Maupin. Author: Per Curiam. 119 Nev. Adv. Opn. No. 33. NNP03/Agosti/Rose/Maupin. | | 03-11357
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| 07/28/2003 | Filing Fee | Filing Fee due. | | |
| 07/28/2003 | Post-Judgment Petition | Filed Petition for Rehearing. Mailed on: July 25, 2003. | | 03-12654
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| 07/28/2003 | Notice/Outgoing | Issued Notice to Pay Supreme Court Filing Fee. (Rehearing) Due Date: 10 days. | | |
| 08/07/2003 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Glade L. Hall - check no. 3958. | | |
| 08/22/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). | | 03-14207
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| 09/04/2003 | Motion | Filed Motion. Motion for Extension of Time to File Petition for En Banc Reconsideration. | | 03-14853
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| 09/16/2003 | Order/Procedural | Filed Order Granting Motion. filed September 4, 2003. Appellant/cross-respondent shall have until October 1, 2003, to file and serve the petition for en banc reconsideration. | | 03-15497
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| 09/17/2003 | Remittitur | Issued Remittitur. | | 03-14341
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| 09/17/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 09/24/2003 | Remittitur | Filed Remittitur. Received by County Clerk on September 19, 2003. | | 03-14341
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| 10/02/2003 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Mailed on: September 29, 2003. | | 03-16411
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| 10/23/2003 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1[The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC | | 03-17693
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