search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 39571
Short Caption:KVAERNER U.S. INC. VS. EQUATORIAL TONOPAH, INC.Court:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - CV001639Classification:Civil Appeal - General - Other
Disqualifications:Gibbons, ShearingCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/13/2002 / Berkson, LesterSP Status:Completed
Oral Argument:09/08/2003 at 11:00 AMOral Argument Location:Las Vegas Office
Submission Date:09/08/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
05/02/2002OtherDisqualification of Justice Shearing. Law firm of Gordon & Silver.
05/02/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Gordon & Silver, Ltd.--check no. 21036.
05/02/2002Notice 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.) 02-07772
05/13/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/20/2002Docketing StatementFiled Docketing Statement. 02-08829
05/20/2002Notice/Outgoing Letter. Lester H. Berkson. (Docketing statement)
06/03/2002Notice/IncomingFiled Notice. Notice of Filing Original Signature. 02-09682
06/11/2002Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge recommends that this case appeal be removed from the Settlement Conference program. 02-10182
07/03/2002Order/ProceduralFiled Order/Briefing Reinstated. Pursuant to the written request of the settlement judge, this appeal is removed from the settlement conference program. We reinstate the time deadlines for transcripts and briefs. Appellant shall have 15 days from the date of this order to file a request for transcripts or certificate that no transcripts are requested. Appellant shall have 120 days to file and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). fn1[The settlement judge has recommended an expedited review of this appeal. We note that if either party desires an expedited briefing schedule and review of this appeal, a motion requesting such relief must be filed in this court.] 02-11370
07/09/2002MotionFiled Motion. Motion for Expedited Appeal. 02-11700
07/15/2002MotionFiled Response to Motion. Appellant's Opposition to Motion for Expedited Appeal. 02-12061
07/16/2002MotionFiled Motion for Permission to File Document. 02-12212
07/18/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/21/02. To Court Reporter: Kathy Jackson. 02-12298
07/19/2002Order/ProceduralFiled Order Granting Motion. filed July 16, 2002. Respondents shall file the reply within 5 days from the date of this order. 02-12367
07/22/2002MotionFiled Reply to Response. Reply in Support of Motion to Expedite Appeal. 02-12474
07/23/2002TranscriptFiled Transcript. Proceedings: March 21, 2002. Court Reporter: Kathy Jackson. 02-12632
09/05/2002Order/ProceduralFiled Order/Motion Granted in Part. On July 9, 2002, respondents file a "Motion for Expedited Appeal." On July 15 2002, appellants file an opposition. On July 22, 2002, respondents filed a reply to appellants' opposition. We grant respondents' motion in part. Appellants shall file and serve the opening brief and appendix by September 30, 2002. Respondents shall file and serve the answering brief within 20 days from service of the opening brief. Appellants may file and serve a reply brief within 20 days from the date of service of the answering brief. We caution the parties that this briefing schedule will be strictly enforced and no extensions of time will be granted absent demonstration of extreme and unforeseen circumstances. Upon the completion of briefing, this court will expedite the resolution of this appeal as this court's docket permits. 02-15261
09/24/2002MotionFiled Motion for Stay. Appellants' Motion for Stay Pending Appeal. 02-16519
10/01/2002BriefFiled Opening Brief. Mailed on: Fed Ex 09/30/02. 02-16908
10/01/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 12. 02-16909
10/03/2002MotionFiled Response to Motion. Equatorial's Opposition to Motion for Stay Pending Appeal. 02-17135
10/16/2002BriefFiled Answering Brief. Mailed on: Hand delivered 10/16/02. 02-17999
10/16/2002AppendixFiled Appendix to Answering Brief. 02-18001
10/29/2002Letter/IncomingFiled Letter. with corrected attachments to clarify the respondent's appendix filed on 10/16/02. 02-18654
11/06/2002BriefFiled Reply Brief. Mailed on: Fed Ex 11/05/02. 02-19109
11/06/2002MotionFiled Motion to Strike. Appellant's Motion to Strike. 02-19121
11/14/2002MotionFiled Motion. Motion for Leave to File Sur-Reply. 02-19635
11/18/2002Other Other. Filed Motion to Clarify Form and Content of Record on Appeal. 02-19842
11/22/2002MotionFiled Response to Motion. Appellant's Response in Opposition to Equatorials' Motion to File Sur-Reply. 02-20143
11/22/2002MotionFiled Response to Motion. Appellant's Response in Opposition to Equatorial's Motion to Clarify Form and Content of Record on Appeal. 02-20144
01/06/2003OtherDisqualification of Justice Gibbons.
03/19/2003Order/ProceduralFiled Order. On November 6, 2002, appellants filed a motion to strike a compact disk that was included in respondents' appendix to the answering brief. On November 18, 2002, respondents filed a combined, "Motion to Clarify Form and content of Record on Appeal [and] Response to Motion to Strike." fn1[On November 22, 2002, appellants filed a response to respondents' motion to clarify the record. That response primarily asserts appellants' argument that the compact disk should be stricken.] We deny the motion to strike the compact disk. Although we decline to strike the compact disk at this time, we caution respondents that in reviewing this appeal this court will disregard all documents or other items improperly included in the appendix. Insofar as this order has clarified the form and content of the appellate court record, we grant respondents' November 18, 2002, motion. On November 14, 2002, respondents filed a "Motion for Leave to File a Sur-Reply." On November 22, appellants filed an opposition. From a cursory review of all the briefs filed in this appeal, it appears that the issues and arguments raised in the reply brief are proper. We deny respondents' November 14, 2002, motion. fn2[We defer ruling on appellants' motion for stay pending appeal at this time.] 03-04638
04/03/2003Order/ProceduralFiled Order Denying Motion. Denying Motion for Stay. Appellants seek a stay of the district court proceedings pending this appeal. Respondents oppose the motion. We have considered the four factors whether to grant a stay and have determined that they weigh against granting a stay. We deny appellants' motion. 03-05591
07/24/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 8, 2003, at 11:00 a.m. (SNP04-RR/ML/WM)
08/18/2003Notice/IncomingFiled Notice of Association of Counsel. Daniel F. Polsenberg of the law firm of Beckley Singleton associates as counsel for appellants. 03-13698
08/18/2003MotionFiled Motion. Motion to Continue Oral Argument (for Consolidation with Forthcoming Appeal from Final Judgment). 03-13699
08/25/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
08/25/2003MotionFiled Response to Motion. Respondents' Opposition to Motion to Continue Oral Argument. 03-14300
08/26/2003Other Other. Filed Errata to Respondents' Opposition to Motion to Continue Oral Argument. 03-14398
08/29/2003MotionFiled Motion for Permission to File Document. Motion to File Reply in Support of Motion. 03-14632
09/04/2003Order/ProceduralFiled Order Denying Motion. This appeal is scheduled for oral argument before the Southern Nevada Panel on September 8, 2003, at 11:00 a.m., in Las Vegas. On August 18, 2003, appellants filed a "Motion To Continue Oral Argument." Appellants state that argument should be rescheduled to allow this appeal to be consolidated and resolved together with an "anticipated appeal" from a recently entered district court judgment in related proceedings. fn1[We note that on April 3, 2003, this court entered an order denying appellant's motion for a stay of those district court proceedings pending resolution of this appeal.] On August 25, 2003, respondents filed an opposition to the motion. On August 29, 2003, appellants filed a motion for leave to file a reply to the opposition. We grant that motion. The clerk of this court shall file the reply received on August 29, 2003. After consideration of the motion, opposition and reply, and in light of our previous determinations that this appeal should be expedited and that the underlying trial should not be stayed, we deny appellants' motion to continue oral argument of this appeal. 03-14851
09/04/2003MotionFiled Reply to Response. Reply in Support of Motion. 03-14633
09/05/2003MotionFiled Motion for Stay. Emergency Motion for Stay. (Filed via fax) 03-14973
09/08/2003MotionFiled Response to Motion. Respondents' Opposition to Emergency Motion for Stay. (Filed via fax.) 03-14982
09/08/2003MotionFiled Response to Motion. ORIGINAL--filed via fax on 9/8/03 03-14982
09/08/2003Case Status Update Submitted for Decision. The court heard oral argument on the motion to stay execution of judgment filed in this matter. The court then heard oral argument on the merits of this appeal. Before the Southern Nevada Panel. SNP04-RR/ML/WM
09/08/2003Order/ProceduralFiled Order Granting Motion. for Stay in Part. We grant appellants' motion for a stay of execution of the judgment, in part. We extend the temporary stay of execution granted by the district court until 3 p.m., September 11, 2003. Appellant shall have until that time to post a bond in the amount of $43 million. If appellants post the bond by that time, the stay shall continue in effect until the district court hearing scheduled for October 1, 2003. All other conditions set forth in the district court's decision regarding the posting of a bond and the stay remain in effect. 03-15005
09/09/2003MotionFiled Motion. Respondents' Emergency Motion for Reconsideration. 03-15129
09/17/2003MotionFiled Response to Motion. Opposition to Motion for Reconsideration on Stay. 03-15517
09/17/2003MotionFiled Motion. Request for Supplemental Briefing. 03-15518
09/23/2003MotionFiled Response to Motion. Respondents' Opposition to Request for Supplemental Briefing. 03-15948
10/07/2003Order/ProceduralFiled Order Denying Motion. for Reconsideration. No good cause appearing, we deny respondents' motion for reconsideration of our order entered on September 8, 2003. 03-16704
10/21/2003Order/ProceduralFiled Order Denying Motion. No good cause appearing, appellants' September 17, 2003, motion for supplemental briefing is denied. 03-17504
10/21/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04-RR/ML/WM 03-17520
11/18/2003RemittiturIssued Remittitur. 03-17585
11/18/2003Case Status Update Remittitur Issued/Case Closed.
12/04/2003RemittiturFiled Remittitur. Received by County Clerk on November 20, 2003. 03-17585
01/07/2004MotionFiled Motion. Motion to Recall and Stay Remittitur and to Consolidate. Nos. 39571 and 42571. 04-00379
01/08/2004Order/ProceduralFiled Order Denying Motion. Order Denying Motion to Recall Remittitur in Docket No. 39571 and Denying Petition for Writ of Mandmaus in Docket No. 42571. We have considered this petition, and we are not satisfied that this court's intervention by way of extraordinary relief is warranted. Accordingly, we deny the petition. Fn 1[We deny petitioner's motions for stay, for leave to file a reply, and to recall the remittitur in Docket No. 39571 and to consolidate this petition with Docket No. 39571 and to consolidate this petition with Docket No. 39571 as moot in light of this order. Nos. 39571/42571 - not consolidated. 04-00521