| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 12/26/1997 | Filing Fee | Received Filing Fee Paid on Filing. $200 (Mark H. Gunderson-check no. 10423.) | | |
| 12/26/1997 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | |
| 12/31/1997 | Notice/Outgoing | Issued Notice. Settlement Conference. Settlement Judge: John D. Nitz. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 01/09/1998 | Docketing Statement | Filed Docketing Statement. | | |
| 01/14/1998 | Letter/Incoming | Received Letter. From settlement Judge Nitz regarding settlement conference. | | |
| 01/22/1998 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Settlement Conference report. The parties were unable to agree to a settlement of this matter. | | |
| 02/26/1998 | Order/Procedural | Filed Case Processing Order. The parties were unable to agree to a settlement of this appeal. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a) and 120 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). | | |
| 03/12/1998 | Transcript Request | Filed Certificate of No Transcript Request. No request for additional transcript of proceedings. | | |
| 05/08/1998 | Motion | Filed Stipulation. To consolidate appeals and to establish briefing schedule. (Nos. 31292, 31471 and 31592.) | | |
| 05/18/1998 | Order/Procedural | Filed Case Processing Order. We approve the parties stipulation and hereby consolidate the above-entitled matters for all appellate purposes. The opening brief and appendix in this consolidated matter shall be filed on or before June 26, 1998. Thereafter, briefing shall proceed in accordance with NRAP 31 (a) (1). (Nos. 31292, 31471 and 31592.) | | |
| 06/23/1998 | Motion | Filed Motion. For extension to file opening brief. (Nos. 31292, 31471 and 31592.) | | |
| 06/30/1998 | Order/Clerk's | Filed Clerk's Order. Granting motion filed June 23, 1998. The opening brief shall be served and filed on or before July 27, 1998. (Nos. 31292, 31471 and 31592.) | | |
| 07/24/1998 | Motion | Filed Motion and Order Extending Time. That appellant may file an opening brief in excess of 30 pages, to wit: 49 pages. (Nos. 31292, 31471 and 31592.) | | |
| 07/24/1998 | Brief | Filed Brief. Appellant's Opening Brief. (Mailed on: Hand delivered 7/24/98). (Nos. 31292, 31471 ans 31592.) | | |
| 07/24/1998 | Appendix | Filed Appendix. Joint Appenidx. (Nos. 31292, 31471 and 31592.) | | |
| 07/24/1998 | Transcript | Filed Transcript. Vols. 1, 2, 2A, 3, 3A, 4 and 5 and Daniel Deposition Transcripts. (Nos. 31292, 31471 and 31592.) | | |
| 08/12/1998 | Motion | Filed Stipulation and Order. That respondent shall have to and including Septmeber 23, 1998, to file the Answering Brief. (Nos. 31292, 31471 and 31592.) | | |
| 09/09/1998 | Notice/Incoming | Filed Notice. Change of Address for attorney Roger W. Jeppson. (Nos. 31292, 31471 and 31592.) | | |
| 09/22/1998 | Motion | Filed Motion. For extension to file answering brief. (Nos. 31292, 31471 and 31592.) | | |
| 09/23/1998 | Order/Clerk's | Filed Clerk's Order. The motion filed September 22, 1998, is granted. The respondents' answering brief shall be served and filed on or before October 26, 1998. (Nos. 31292, 31471 and 31592.) | | |
| 10/12/1998 | Motion | Filed Stipulation. To correct and supplement joint appendix (Nos. 31292, 31471 and 31592.) | | |
| 10/22/1998 | Motion | Filed Motion and Order Extending Time. That respondent's answering brief may be filed in excess of 30 pages and the respondent's shall have to and including November 10, 1998, to file the answering brief. (Nos. 31292, 31471 and 31592.) | | |
| 11/09/1998 | Order/Clerk's | Filed Clerk's Order. Approving stipulation. The parties' stipulation to correct and supplement the joint appendix is approved. The supplemental volumes of the joint appendix shall be filed with Respondents' Answering Brief. (Nos. 31292, 31471 and 31592.) | | |
| 11/10/1998 | Brief | Filed Brief. Respondent's Answering Brief. (Mailed on: Reno/Carson Msgr. 11/10/98.) (Nos. 31292, 31471 and 31592.) | | |
| 11/10/1998 | Appendix | Filed Appendix. Supplemental Joint Appendix, Vol. 8. (Nos. 31292, 31471 and 31592.) | | |
| 12/10/1998 | Motion | Filed Stipulation. For extension of time for reply brief. (First request.) (Nos. 31292, 31471 and 31592.) | | |
| 01/20/1999 | Order/Clerk's | Filed Clerk's Order. The stipulation filed December 10, 1998, is approved. The reply brief shall be served and filed on or before February 12, 1999. (Nos. 31292, 31471 and 31592.) | | |
| 02/10/1999 | Motion | Filed Motion. For extension of time for file reply brief. (Nos. 31292, 31471 and 31592.) | | |
| 02/17/1999 | Order/Procedural | Filed Case Processing Order. We grant appellant's motion for extension of time, to and including February 26, 1999, to file and serve the reply brief. No further extensions of time will be permitted absent extreme and unforeseeable circumstances. (Nos. 31292, 31471 and 31592.) | | |
| 02/19/1999 | Motion | Filed Motion and Order Extending Time. That appellant's reply brief may be filed in excess of 30 pages. To-wit 31 pages. (Nos. 31292, 31471 and 31592.) | | |
| 02/19/1999 | Brief | Filed Brief. Appellant's Reply Brief. (Mailed on: 2/18/99 - nos. 31292, 31471 and 31592.) | | |
| 09/14/1999 | Notice/Outgoing | Issued Notice. Oral argument is set for November 9, 1999, at the hour of 2:00 p.m. for 1/2 hour in Las Vegas. | | |
| 10/15/1999 | Notice/Outgoing | Issued Notice. Oral argument is rescheduled for November 9, 1999, at the hour of 11:30 a.m. - 1/2 hour in Las Vegas. (SNP-WM, MS, NB) | | |
| 10/25/1999 | Notice/Outgoing | Issued Notice. Reminder notice for oral argument. | | |
| 10/25/1999 | Other | Other. Filed Appellant's Supplemental Memorandum. (Nos. 31292, 31471 and 31592.) | | |
| 11/09/1999 | Other | Other. Oral argument before the Southern Nevada Panel: submitted. SNP99B-WM/MS.NB (Nos. 31292, 31471 and 31592.) | | |
| 12/01/1999 | Notice/Incoming | Filed Notice. Change of Address for law firm of Lemons, Grundy & Eisenberg. (Nos. 31292, 31471 and 31592.) | | |
| 04/26/2000 | Order/Dispositional | Filed Order of Remand. " . . . this matter is reversed and remanded to the district court for a calculation of the appropriate "net smelter returns" in a manner not inconsistent with this order." Nos. 31292, 31471, 31592. SNP99B-WM/MS/NB.
ORDER VACATED 04/03/01. Nos. 31292, 31471, 31592. | | |
| 05/15/2000 | Filing Fee | Received Filing Fee Paid on Filing. $100 from Hale Lane Peek Dennison Howard & Anderson--check no. 042282. Nos. 31292, 31471, 31592. | | |
| 05/15/2000 | Motion | Filed Motion for Excess Pages. Motion for Permission to Exceed the Ten Page Limit for a Petition for Rehearing. Nos. 31292, 31471, 31592. Document no. 00-08057 | | |
| 05/15/2000 | Post-Judgment Petition | Received Petition for Rehearing. Nos. 31292, 31471, 31592. Document no. 00-08060 | | |
| 05/16/2000 | Order/Clerk's | Filed Clerk's Order Granting Motion. The motion filed May 15, 2000, is granted. The eleven-page petition for rehearing provisionally submitted on May 15, 2000, shall be filed, forthwith. Nos. 31292, 31471, 31592. | | |
| 05/16/2000 | Post-Judgment Petition | Filed Petition for Rehearing. Nos. 31292, 31471, 31592 | | |
| 08/16/2000 | Post-Judgment Order | Filed Order/Rehearing Denied. Order Denying Petition for Rehearing and Modifying Order. While we conclude that rehearing is not warranted, we modify our previous order as set forth herein. In the first sentence of footnote 4, we stated, "The delay in identifying the alleged discreprancies was explained by Summa's lack of the legal and technical expertise to monitor royalty payments following its divestiture of the mining properties." We delete this sentence from our previous order. In the last sentence of the order we modify the sentence as follows: In light of the above discussion, this matter is reversed and remanded to the district court for a calculation of the appropriate "net smelter returns" in a manner not inconsistent with this order, and for further proceedings. We have considered the remaining arguments of respondents and conclude that they fail to demonstrate that rehearing is warranted. "We therefore deny rehearing, but modify our previous order as indicated." SNP99B-WM/MS/NB. Nos. 31292, 31471, 31592. Document No. 00-14282.
ORDER VACATED 04/03/01. Nos. 31292, 31471, 31592. | | |
| 08/28/2000 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Petition for En Banc Reconsideration on Behalf on Petitioners/Respondents Echo Bay Exploration, Inc. and Echo Bay Management Corporation. Hand Delivered 8/28/00 Reno/Carson (nos. 31292/31471/31592). | | |
| 09/01/2000 | Remittitur | Issued Remittitur. | | 00-14447
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| 09/01/2000 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/06/2000 | Remittitur | Filed Remittitur. Received by County Clerk on October 2, 2000. | | 00-14447
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| 12/22/2000 | Order/Procedural | Filed Order. We have considered the petition for en banc reconsideration, and have determined that the remittitur should be recalled pending resolution of the petition. Accordingly, we recall the remittitur issued September 1, 2000. Further, appellant shall have 15 days from the date of this order within which to file an answer to the petition (nos. 31292/31471/31592). | | |
| 01/08/2001 | Post-Judgment Petition | Filed Answer to Petition for En Banc Reconsideration. Answer to Petition for En Banc Reconsideration. (Nos. 31292, 31471 and 31592). | | |
| 04/03/2001 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Granting En Banc Reconsideration, Vacating Prior Order, and Reversing and Remanding. After considering the petition for en banc reconsideration and the answer thereto, we have concluded that reconsideration by the full court is warranted to maintain the uniformity of decisions applying contract interpretation principles. We grant the petition and vacate the prior panel order of remand filed on August 16, 2000. We issue this order in place of the panel's prior order. " . . . we reverse the district court's judgment and post-judgment orders and remand for further proceedings consistent with this order." fn12[Our ruling today renders moot Summa's other assignm,ents of error regarding attorney fees and costs.] fn13[The Honorable Myron Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter.] EN BANC-WM/CY/MS/DA/RR/NB. Nos. 31292/31471/31592. | | 01-05712
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| 04/03/2001 | Case Status Update | Submitted for Decision. | | |
| 04/23/2001 | Post-Judgment Petition | Filed Petition for Rehearing. Hand-delivered. Nos. 31292/31471/31592 (01-06895) | | |
| 11/13/2001 | Other | Disqualification of Justice Maupin. Law firm of Hale Lane Peek Dennison Howard & Anderson. | | |
| 04/04/2002 | Post-Judgment Order | Filed Order/Rehearing Denied. Although we conclude that rehearing is not warranted, we clarify that Taylor's testimony is admissible to aid the district court in interpreting the ambiguous contract provisions in light of the custom and practice in the mining industry, but not to interpret the agreement for the court. We have reviewed respondents' remaining contentions, and we conclude they are without merit. Accordingly, we deny this petition for rehearing. "It is so ORDERED." fn3[The Honorable A. William Maupin, Chief Justice, and the Honorable Myron E. Leavitt, Justice, voluntarily recused themselves from the decision in this matter.] EN BANC-CY/MS/DA/RR/NB. Nos. 31292/31471/31592 (02-05998) | | |
| 04/19/2002 | Remittitur | Issued Remittitur. | | 02-06898
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| 04/19/2002 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/29/2002 | Remittitur | Filed Remittitur. Received by County Clerk on April 22, 2002. | | 02-06898
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