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United States Court Cases

Nevada Supreme/Appellate Court Record

ADAMS VS. PENNEBAKER

Case Information: 37652
Short Caption:ADAMS VS. PENNEBAKERCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9905979Classification:Civil Appeal - General - Other
Disqualifications:Maupin, RoseCase Status:Remittitur Issued/Case Closed
Replacement:Justice Agosti for Justice Maupin
Senior Justice Shearing for Justice Rose
Panel Assigned: Panel
To SP/Judge:04/06/2001 / Hicks, LarrySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:02/03/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/03/2001OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
04/03/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from American Legal & Secretarial Service--check no. 5098.
04/03/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-05672
04/05/2001MotionFiled Motion to Dismiss Appeal. 01-05838
04/06/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Larry R. Hicks. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/16/2001MotionFiled Motion to Extend Time. Motion to Enlarge Time to Respond to Defendants' Motion to Dismiss Appeal. 01-06521
04/23/2001MotionFiled Response to Motion. Opposition to Motion to Enlarge Time to Respond to Defendants' Motion to Dismiss Appeal. 01-06810
09/10/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-15252
09/10/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
09/24/2001Order/ProceduralFiled Order. The parties were unable to agree to a settlement of this matter. Nevertheless, the briefing and request for transcripts shall remain suspended pending a jurisdictional review of this appeal. We defer ruling on the April 5, 2001 and April 16, 2001 motions, pending further order of this court. 01-16125
09/25/2001Docketing StatementFiled Docketing Statement. 01-16175
09/26/2001Notice/IncomingFiled Notice. Notice of Errata Re: Docketing Statement. 01-16266
10/03/2001Docketing StatementFiled Response to Docketing Statement. 01-16677
10/16/2001Order/ProceduralFiled Order/Temporary Remand. Order of Limited Remand. Respondents have moved to dismiss the appeal from the judgment on the ground that the notice of appeal was not filed within thirty days after written notice of entry of the district court's judgment was served. Appellants have moved for an extension of time to respond to the motion to dismiss, which respondents oppose. We defer ruling on the parties' motions. We remand this matter to the district court for proceedings and findings relating to the factual question raised in the motion to dismiss. The district court's findings shall thereafter be certified and transmitted to the clerk of this court, at which time the motion to dismiss shall stand submitted. 01-17464
01/03/2002TranscriptFiled Transcript. Proceedings: December 18, 2001. Court Reporter: Susan C. Kiger. 02-00175
01/15/2002Order/ProceduralFiled Order. Order Granting Motion to Dismiss Appeal from Judgment and Reinstating Briefing on Appeal from Special Orders Entered After Judgment. Because appellants' notice of appeal from the judgment was not filed until March 22, 2001, we lack jurisdiction over that part of the appeal. We therefore grant respondents' motion to dismiss the appeal from the judgment and we deny appellants' motion for an extension of time to file an opposition to the motion. With respect to the appeal from the district court orders granting attorney fees and costs, appellants shall have 70 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). NNP02-MS/RR/NB 02-00988
02/04/2002MotionFiled Motion to Extend Time. 02-02275
02/06/2002Order/Clerk'sFiled Clerk's Order Granting Motion. The motion for an extension of time to file a petition for rehearing is granted. Appellants shall file and serve the petition for rehearing by February 20, 2002. 02-02410
02/20/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from American Legal & Secretarial Service--check no. 5760.
02/20/2002Post-Judgment PetitionFiled Petition for Rehearing. 02-03278
03/15/2002Post-Judgment OrderFiled Order/Rehearing Denied. Appellants seek rehearing of our January 15, 2002 order granting a motion to dismiss their appeal from an adverse judgment on a jury verdict. Appellants argue that rehearing is warranted because we overlooked a material fact regarding witness crredibility, and because we overlooked or misapprehended a material issue of law regarding due process. Neither argument is persuasive. We deny appellant's petition. 02-04725
03/18/2002MotionFiled Motion to Extend Time. Motion to Stay Briefing or Enlarge Time. 02-04837
03/20/2002MotionFiled Motion. Supplement to Motion to Stay Briefing or Enlarge time. 02-04985
03/20/2002MotionFiled Motion. Motion to Enlarge time to file a Petition for Rehearing En Banc. 02-04988
03/22/2002MotionFiled Response to Motion. Respondents' Opposition to Motion to Stay Briefing or Enlarge Time. 02-05187
03/22/2002MotionFiled Response to Motion. Respondents' Opposition to Motion to Enlarge Time to File Petition for Rehearing En Banc. 02-05188
03/28/2002Order/ProceduralFiled Order. On February 20, 2002, appellants filed a petition for rehearing of our January 15, 2002, order as to the dismissal of the appeal from the judgment. On March 15, 2002, this court entered an order denying the petition for rehearing. On March 18, 2002, appellants filed a motion to stay briefing pending our resolution of the petition for rehearing, or in the alternative to extend the time for filing of the opening brief and appendix until 60 days after final resolution of the petition for rehearing. On March 20, 2002, appellants filed a supplement to that motion informing this court of their intention of filing a petition for en banc reconsideration. As a petition for en banc reconsideration has not yet been filed, we deny the motion. fn1[As appellants have "supplemented" the March 18, 2002, motion due to the change in circumstances, and altered what was originally requested in that motion, we deny any relief requested in that motion as moot.] On March 20, 2002, appellants also filed a motion for an extension of time to file a petition for en banc reconsideration of this court's January 15, 2002, order. On March 22, 2002, respondents filed an opposition. We grant appellants' motion. Appellants may file and serve a petition for en banc reconsideration by April 4, 2002. No further extensions for filing that petition will be granted, and an untimely petition will not be filed. We will not suspend the briefing schedule in this appeal due to the filing of a petition for en banc reconsideration and therefore deny appellants' request for an extension of time to file the opening brief. Appellants shall file and serve the opening brief and appendix within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Additionally, appellants shall comply with NRAP 9(a) within 10 days from the date of this order. fn2[We note that transcripts from the December 18, 2001, proceedings on remand to the district court were filed in this court on January 3, 2002. If no other transcripts will be relied upon in the briefs, appellants shall file a certificate indicating that no additional transcripts are being requested.] 02-05476
04/04/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. En Banc Reconsideration of the panel decision of January 15, 2002 granting respondents' Motion to Dismiss and the subsequent denial of the petition for rehearing on March 15, 2002. Delivered on: 04/04/02 - Reno-Carson Messenger Service. 02-06050
04/08/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 8, 9, 10, 2001. To Court Reporter: Molezzo Reporters. 02-06173
04/29/2002MotionFiled Motion to Extend Time. 02-07521
05/01/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed April 29, 2002. Appellants shall file and serve the opening brief and appendix by May 20, 2002. 02-07667
05/01/2002TranscriptFiled Transcript. Proceedings: 01/08/01 (Allen Adams); 01/08/01 (Hearing in Chambers); 01/08/01 (Allen Adams); 01/09/01 (Hearing Outside Presence of the Jury); 01/09/01 (Bruce Alden); 01/09/01 (David Cox); 01/09/01 (Julie Bray); 01/09/01 (Nancy Pennebaker); 01/09/01 (Allen Adams); 01/09/01 (Allen Adams); 01/10/01(Hearing in Chambers); 02/09/01 (Allen Adams); 02/09/01 (Hearing in Chambers); 02/09/01 (Nancy Pennebaker); and 02/09/01 (Nancy Pennebaker). Court Reporter: Susan C. Kiger. 02-07692
05/08/2002Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted under NRAP 40A. Petitioners' cases do not support their assertion that due process requires proof that mailed notice of the judgment's entry was actually received, or their implied assertion that our rules deeming service by mail complete upon mailing are unconstitutional. Accordingly, we order the petition denied. fn1[The Honorable A. William Maupin, Chief Justice, voluntarily recused himself from participation in the decision of this matter.] 02-08040
05/20/2002BriefFiled Opening Brief. Mailed on: Hand delivered 05/20/02. 02-08876
05/20/2002AppendixFiled Appendix to Opening Brief. 02-08877
05/20/2002AppendixFiled Appendix. Appellant's Supplemental Appendix. 02-08878
06/21/2002BriefFiled Answering Brief. Mailed on: 06/19/02. 02-10768
06/21/2002AppendixFiled Appendix to Answering Brief. 02-10769
07/23/2002BriefFiled Reply Brief. Mailed on: Hand delivered 07/23/02. 02-12611
02/03/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 03-01783
02/03/2003Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03-DA/MS/MG
02/04/2003OtherDisqualification of Justice Rose.
03/27/2003Notice/IncomingFiled Notice of Change of Address. 03-05204
05/06/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn9[After careful consideration, we conclude that the Adamses' remaining arguments are without merit.] NNP03-DA/MS/MG 03-07660
06/03/2003RemittiturIssued Remittitur. 03-07882
06/03/2003Case Status Update Remittitur Issued/Case Closed.
06/25/2003RemittiturFiled Remittitur. Received by County Clerk on June 4, 2003. 03-07882