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United States Court Cases

Nevada Supreme/Appellate Court Record

WEINER VS. BEATTY

Case Information: 39605
Short Caption:WEINER VS. BEATTYCourt:Supreme Court
Related Case(s): 41038 , 41927
Lower Court Case(s):Clark Co. - Eighth Judicial District - A425175Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:05/17/2002 / Segel, M.SP Status:Completed
Oral Argument:02/15/2005 at 11:30 AMOral Argument Location:Carson City
Submission Date:02/15/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/09/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Robert J. Kossack, Esq.--check no. 1274.
05/09/2002Notice 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.) 02-08127
05/17/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/28/2002Docketing StatementFiled Docketing Statement. 02-09242
05/30/2002Notice/Outgoing Letter. M. Nelson Segel.
06/04/2002Docketing StatementFiled Response to Docketing Statement. 02-09726
06/07/2002Notice/Outgoing Letter. M. Nelson Segel. (Response to Appellant's Docketing Statement)
07/03/2002MotionFiled Motion to Dismiss Appeal. Clark County Association of School Administrators' Motion to Dismiss. 02-11388
07/18/2002MotionFiled Response to Motion. Opposition to Clark County Association of School Administrators' Motion to Dismiss. 02-12347
07/18/2002Docketing StatementFiled Supplement to Documenting Statement Civil Appeals. 11-23354
07/29/2002Notice/Outgoing Letter. M. Nelson Segel. (Supplement to Docketing Statement)
09/03/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-15176
09/16/2002Settlement 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). fn1[We defer ruling on respondents' July 3, 2002 motion to dismiss, pending further order of this court.] 02-16036
11/21/2002Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order to show cause why his appeal against CCASA should not be dismissed for lack of jurisdiction. To date, appellant has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall have 10 days from the date of this order to file the required document. 02-20104
12/09/2002MotionFiled Motion to Extend Time. to file NRAP 9(a) Certification. 02-21018
12/11/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed December 9, 2002. The clerk shall file the certificate indicating that no transcripts are requested, received on Dellcember 9, 2002. 02-21167
12/11/2002Transcript RequestFiled Certificate of No Transcript Request. 02-21019
12/18/2002MotionFiled Response to Order to Show Cause. Response to Order to Show Cause why Wiener's Appeal against CCASA should not be Dismissed for Lack of Jurisdiction. 02-21632
01/29/2003MotionFiled Motion to Dismiss Appeal. 03-01615
02/07/2003MotionFiled Response to Motion. Opposition to Motion to Dismiss; Motion to Enlarge Time to File Opening Brief. 03-02230
02/12/2003BriefReceived Opening Brief. Mailed on: 02/10/03. 03-02454
02/12/2003AppendixReceived Appendix to Opening Brief. 03-02455
02/13/2003Notice/IncomingFiled Joinder. --Clark County Association fo School Administrators' Joinder in Thomas Beatty, Esq.'s Motion to Dismiss. 03-02542
02/23/2004MotionFiled Response to Order to Show Cause. Response to Court's Order of February 12, 2004. Nos. 39605, 41038, and 41927 (not consolidated). 04-03431
03/22/2004MotionFiled Stipulation/Dismiss Appeal. Stipulation to Dismiss Appeal with Prejudice Against Clark County Association of School Administrators. 04-05358
04/28/2004Order/ProceduralFiled Order. Appellant and respondent Clark County Association of School Administrators have filed a stipulation to dismiss this appeal. Cause appearing, the stipulation is approved and this appeal is dismissed as to Clark County Association of School Administrators only. fn1[In light of this order, no further action will be taken with regard to the July 3, 2002, motion to dismiss; appellant's July 18, 2002, opposition; this court's November 21, 2002, 'Order to Show Cause;' appellant's December 18, 2002, response; or the February 13, 2003, joinder.] NRAP 42(b). The parties shall bear their own costs and attorney fees. Respondent Thomas D. Beatty, Esq., has moved to dismiss this appeal for appellant's failure to timely file an opening brief and appendix. Appellant opposes the motion and requests an extension of time to file the opening brief and appendix. Cause appearing we grant appellant's motion for an extension of time. Further, we deny Mr. Beatty's motion to dismiss. The clerk of this court shall file the opening brief and appendix received on February 12, 2003. Mr. Beatty shall have 30 days from the date of this order to file and serve his answering brief. Appellant shall have 30 days from service of the answering brief to file and serve a reply brief, if deemed necessary. 04-07812
04/28/2004BriefFiled Opening Brief. 03-02454
04/28/2004AppendixFiled Appendix to Opening Brief. 03-02455
05/27/2004MotionFiled Stipulation and Order. Brief due: June 29, 2004. 04-09767
06/29/2004BriefFiled Answering Brief. 04-11999
08/16/2004Case Status Update Briefing Completed. No reply brief filed.
12/20/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 15, 2005, at 11:30 a.m. (En Banc)
01/06/2005Notice/OutgoingIssued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties.
01/31/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
02/15/2005Case Status Update Submitted for Decision. Before the En Banc Court.
05/17/2005Notice/IncomingFiled Notice of Change of Address. Laxalt & Nomura, Ltd./Reno. 05-09572
06/09/2005Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Hardesty, James W.. Majority: Hardesty/Becker/Rose/Maupin/Gibbons/Douglas/Parraguirre. 121 Nev. Adv. Opn. No. 26. EN BANC. 05-11321
07/06/2005RemittiturIssued Remittitur. 05-12688
07/06/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by County Clerk on July 8, 2005. 05-12688
08/08/2005Opinion/Non-DispositionalFiled Authored Opinion. fn1[This corrected opinion is issued in place of the opinion filed June 9, 2005.] "Affirmed." Before the Court En Banc. Author: Hardesty, J. We concur: Becker, C.J., Rose, Maupin, Gibbons, Douglas and Parraguirre, JJ. 121 Nev. Adv. Opn. No. 26. EN BANC. 05-15623