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United States Court Cases

Nevada Supreme/Appellate Court Record

NGA #2 VS. RAINS C/W 39088/39345

Case Information: 39645
Short Caption:NGA #2 VS. RAINS C/W 39088/39345Court:Supreme Court
Consolidated: 39088 *, 39345 , 39645Related Case(s): 34612 , 34665 , 38815 , 39088 , 39345
Lower Court Case(s):Clark Co. - Eighth Judicial District - A353668Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/22/2002 / Segel, M.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/17/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from John Peter Lee - check no. 31042.
05/17/2002Notice 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.) 02-08721
05/22/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/05/2002Docketing StatementFiled Docketing Statement. 02-09797
06/06/2002Notice/Outgoing Letter. M. Nelson Segel. (Docketing statement)
06/10/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-10114
06/27/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We consolidate the above-entitled matters for all appellate purposes. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent and respondents/cross-appellants shall each have 15 days to comply with NRAP 9(a). Appellant/cross-respondent: 120 days to file and serve a single opening brief and appendix. Respondents/cross-appellants shall have 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant/cross-respondent shall have 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents/cross-appellants shall have 30 days thereafter to file and serve a reply brief on cross-appeal. fn1[We defer ruling on respondents' April 11, 2002 motion to dismiss and April 29, 2002 motion to file a reply in Docket No. 39345, pending further order of this court. Nos. 38815/39088/39345/39645. (02-11111)
07/05/2002Transcript RequestFiled Request for Transcript of Proceedings. (Requested by appellant/cross-respondent.) Transcripts requested: 7/23/01, 9/17/01, 10/15/01, 10/16/01, 10/18/01, 10/19/01, 12/17/01. To Court Reporter: Paula Walsh. Nos. 38815/39088/39345/39645. [02-11507]
08/05/2002TranscriptFiled Transcript. Proceedings: 07/23/01, 09/17/01, 10/15/01, 10/16/01, 10/18/01,10/19/01, and 12/17/01. Court Reporter: Paula Walsh. Nos. 38815/39088/39345/39645 (02-13362).
08/12/2002Notice/IncomingFiled Proof of Service. Receipt of Copy for transcripts - 7/23/01; 09/17/01; 10/15/01; 10/16/01; 10/18/01; 10/19/01; and 12/17/01. Nos. 38815/39088/39345/39645 (02-13741).
08/30/2002Order/ProceduralFiled Order. On August 5, 2002, court reporter Paul Walsh filed the transcripts for proceedings conducted on July 23, 2001, October 18-19, 2001, and December 17, 2001. Respondents/cross-appellants have failed to file a transcript request form with the clerk of this court. Respondents/cross-appellants shall, within 10 days of the date of this order, file and serve a transcript request form setting forth the specific trial or hearing dates to be transcribed. Nos. 38815/39088/39345/39645.
10/01/2002Order/ProceduralFiled Order. To date, respondents have failed to comply with this court's June 27, 2002, and August 30, 2002, orders. Respondents shall, within 10 days from the date of this order, file and serve either a transcript request form or a certificate indicating that no transcripts are being requested in Docket Nos. 38815 and 39088, or show cause why this court should not impose sanctions, including dismissal of respondents' cross-appeal. Nos. 38815/39088/39345/39645. (02-16997)
10/08/2002Order/ProceduralFiled Order. Order Dismissing Appeal in Docket No. 38815. Because the appeals in Docket No. 39088 cured any potential jurisdictional defect in the appeals filed in Docket No. 38815 and because the notices of appeal filed in Docket No. 38815 and Docket No. 39088 identify the same orders on appeal, we conclude the appeals in Docket No. 39088 render the appeals in Docket No. 38815 superfluous. We order the appeals in Docket No. 38815 dismissed. The clerk of this court shall transfer the transcripts filed on August 5, 2002, in Docket No. 38815 to Docket No. 39088. We vacate our order entered on October 1, 2002, insofar as it directed appellant to comply with NRAP 9 in Docket No. 38815. We grant the motion filed on April 29, 2002 to file a reply to the opposition in Docket No. 39345. The clerk shall detach Exhibit A from the motion to file a reply and file the exhibit. We defer ruling on the motion to dismiss at this time. Briefing of these consolidated appeals shall be stayed pending resolution of the motion to dismiss. Nos. 39088/39345/39645. (02-17409)
10/15/2002Transcript RequestFiled Certificate of No Transcript Request. Respondents. Nos. 39088/39345/39645 (02-17918).
10/17/2002Filing Fee Returned Filing Fee. Check No. 31375 returned to John Peter Lee. (No filing fee due for amended notice of appeal.)
10/17/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Filed in 39645. Nos. 39088/39345/39645. 02-18082
05/27/2003MotionFiled Stipulation/Dismiss Appeal. Stipulation to Dismiss Appeal with Prejudice. Nos. 39088/39345/39645. [03-08830]
06/26/2003Order/DispositionalFiled Stipulated Dismissal. Pursuant to the stipulation of the parties and cause appearing, " . . . these consolidated appeals and cross-appeal are dismissed." The parties shall bear their own costs and attorney fees. NRAP 42(b). SNP/CLK. Nos. 39088/39345/39645. 03-10672
06/26/2003Case Status Update Case Closed. No remittitur issued.