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United States Court Cases

Nevada Supreme/Appellate Court Record

DEFER VS. DAIMLERCHRYSLER MOTORS

Case Information: 39397
Short Caption:DEFER VS. DAIMLERCHRYSLER MOTORSCourt:Supreme Court
Lower Court Case(s):Churchill Co. - Tenth Judicial District - 25902Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/29/2002 / Evans, MargaretSP Status:Completed
Oral Argument:09/10/2003 at 10:30 AMOral Argument Location:Carson City
Submission Date:09/10/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/25/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of Joe E. Colvin--check no. 2057.
03/25/2002Notice 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.) 02-05261
03/29/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Margaret Springgate Evans. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/02/2002Docketing StatementFiled Docketing Statement. 02-05839
04/04/2002Notice/Outgoing Letter. Margaret Springgate Evans. (Docketing statement)
04/08/2002Other Other. Erratum Re: Appellant's Docketing Statement. 02-06171
04/11/2002Notice/Outgoing Letter. Margaret Springgate Evans. Mailed Erratum re Docketing Statement.
05/15/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-08531
05/23/2002Settlement 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. 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). 02-09088
06/13/2002Transcript RequestFiled Certificate of No Transcript Request. 02-10313
06/21/2002Transcript RequestFiled Request for Transcript of Proceedings. Respondent's Request for Transcript of Proceedings. Transcripts requested: 2/13/02. To Court Reporter: Third Jud. Dist. Ct. 02-10770
06/24/2002TranscriptFiled Transcript. Proceedings: 2/13/02. Court Reporter: Anita Fillmore. 02-10887
09/19/2002MotionFiled Stipulation and Order. Brief due: October 21, 2002. 02-16298
10/21/2002BriefFiled Opening Brief. Mailed on: Hand delivered 10/21/02. 02-18215
10/21/2002AppendixFiled Joint Appendix. 02-18216
10/22/2002Notice/IncomingFiled Certificate of Compliance. to Opening Brief filed on 10/21/02. Attached to inside back cover of original and copies of brief. 02-18305
11/07/2002MotionFiled Stipulation and Order. Brief due: December 18, 2002. 02-19245
12/06/2002MotionFiled Motion to Extend Time. Application and Motion for a 13 day extension of up to 12/31/02 to file/serve the respondent's answering brief; declaration of David K. Schultz; Order granting extension to file/serve respondent's answering brief. 02-20910
12/10/2002MotionFiled Response to Motion. Appellant's Response to Respondent's Application/Motion for a Thirteen-Day Extension Re Answering Brief. 02-21099
12/12/2002Order/ProceduralFiled Order Granting Motion. filed December 6, 2002. Respondent shall have until December 31, 2002, to file and serve the answering brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 02-21209
01/02/2003BriefFiled Answering Brief. Mailed on: Hand delivered 01/02/03. 03-00122
01/30/2003MotionFiled Stipulation and Order. Brief due: March 5, 2003. 03-01631
03/04/2003BriefFiled Reply Brief. 03-03576
03/12/2003Notice/IncomingFiled Errata. Errata to Appellant's Reply Brief. 03-04128
07/24/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 10, 2003, at 10:30 a.m. (SNP04-RR/ML/WM)
08/27/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
08/29/2003MotionFiled Motion. Motion to Associate Counsel. 03-14650
09/04/2003Order/ProceduralFiled Order. Granting Motion to Associate Counsel. Respondent, through Nevada counsel of record, attorney George W. Swainston, has moved to associate California attorney David K. Schultz, from the law firm of Grace, Genson, Cosgrove & Schirm, in this appeal pursuant to SCR 42. Cause appearing, we grant the motion to associate counsel. Mr. Schultz shall be permitted to appear on behalf of respondent. However, Nevada attorney Mr. Swainston shall be responsible for all matters presented by respondent appeal and shall be present at oral argument. 03-14857
09/10/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP04-RR/ML/WM
11/21/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn21[We have considered Defer's argument that DCC was equitably estopped from arguing it was prejudiced by its inability to inspect the Jeep. We conclude that even if Defer properly raised this argument before the district court, his argument lacks merit on appeal.] SNP04-RR/ML/WM 03-19443
12/16/2003RemittiturIssued Remittitur. 03-19677
12/16/2003Case Status Update Remittitur Issued/Case Closed.
12/22/2003RemittiturFiled Remittitur. Received by County Clerk on December 17, 2003. 03-19677
02/10/2004MotionFiled Motion. Motion to Publish this Court's Order of Affirmance as an Opinion; Memorandum of Points and Authorities. 04-02577
03/01/2004Order/ProceduralFiled Order Denying Motion. to Publish Order of Affirmance. This court previously issued an unpublished order resolving this appeal. Respondent DaimlerChrysler Motors Corporation has filed a motion to publish that order as an opinion. The motion is unopposed. Having considered the motion, we conclude that publication of our prior order of affirmance is not warranted. Accordingly, we deny the motion to publish. 04-03803