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United States Court Cases

Nevada Supreme/Appellate Court Record

PTAK VS. FLETCHER JONES

Case Information: 39594
Short Caption:PTAK VS. FLETCHER JONESCourt:Supreme Court
Related Case(s): 37742 , 39112
Lower Court Case(s):Clark Co. - Eighth Judicial District - A382112Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/14/2002 / Buchanan, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/07/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Professional Office Management Systems, Inc.--check no. 9087.
05/07/2002Notice 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.) 02-07982
05/07/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
05/13/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Laxalt & Nomura, Ltd.--check no. 14825.
05/13/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-08358
05/14/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/20/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-08821
05/20/2002Notice/Outgoing Letter. William F. Buchanan. (Docketing statement of Appellant/Cross-Respondent)
05/21/2002Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 02-08935
05/22/2002Notice/Outgoing Letter. William F. Buchanan. (Docketing statement of Respondent/Cross-Appellant)
05/22/2002TranscriptFiled Transcript. Proceedings: 10/31/00; 11/03/00; 11/07/00; 11/08/00; 11/09/00; 11/14/00; 11/15/00; 11/28/00; 11/29/00; and 11/30/00. Court Reporter: Joy Hinck. 02-08998
06/06/2002Notice/IncomingFiled Notice of Change of Address. Attorney Jerome DePalma. 02-09932
06/06/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 9, 2002. 02-09951
07/12/2002Settlement Program ReportFiled Interim Settlement Program Report. Appellant filed for bankruptcy. Settlement conference to continue indefinitely. 02-11992
08/30/2002Order/ProceduralFiled Order. Order Staying Appeals and Cross-Appeal. On May 30, 2002, respondent filed an opposition to the motion filed on May 28, 2002. We elect to treat that opposition as a motion for reconsideration of the May 28, 2002, order, and we deny that motion. Also in Docket No. 39112 only, Richard L. Peel, counsel for appellant Steven J. Ptak, filed a motion to withdraw as counsel of record on May 29, 2002. On June 17, 2002, however, counsel filed a notice informing this court that Mr. Ptak had filed for bankruptcy. On July 12, 2002 the settlement judge filed in both Docket No. 39112 and Docket No. 39594 settlement conference status reports indicating that the settlement conferences for these matters had been continued indefinitely due to Mr. Ptak's bankruptcy filing. In light of that proposition and the settlement judge's recommendation, as well as in the interest of judicial economy, we stay these appeals and cross-appeal. Because these matters remain on this court's active docket, counsel for Mr. Ptak in both Docket No. 39112 and Docket No. 39594 shall file a status report on the pending bankruptcy proceedings within 90 days from the date of this order. In light of this order, we deny the May 29, 2002, motion to withdraw as counsel of record in Docket No. 39112. This denial is without prejudice, however, to Mr. Peel's right to refile the motion should the stay be lifted. Nos. 39112/39594-cases are not consolidated. 02-15063
05/14/2003Order/ProceduralFiled Order/Status Report. Status report of the bankruptcy proceedings due from appellant: 15 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions. 03-08198
05/28/2003Notice/IncomingFiled Status Report. Copy of Notice of Intent to Abandon Lawsuit to Debtors. Received from Lisowski Law Firm - Bankruptcy Attorneys. 03-08932
05/30/2003Notice/IncomingFiled Status Report. 03-09055
05/30/2003MotionFiled Motion. 03-09079
11/24/2003Order/ProceduralFiled Order. Requesting Status Report. Appellant/cross-respondent's ('appellant') most recent status report informs this court that the bankruptcy proceeding is still pending. Appellant's bankruptcy counsel has filed in this court a copy of a 'Notice of Intent to Abandon Lawsuit to Debtors' that was submitted to the United States Bankruptcy Court for the District of Nevada. Accordingly, we request appellant's bankruptcy counsel, attorney James F. Lisowski, Sr., to file a status report within 30 days from the date of this order that informs this court whether the United States Bankruptcy Court has approved the abandonment of this appeal. Additionally, in the event the abandonment has been approved, we request Mr. Lisowski to provide this court with a copy of the United States Bankruptcy Court order that approves the abandonment. This appeal shall remain stayed pursuant to the mandatory provisions of federal bankruptcy law pending our receipt and consideration of Mr. Lisowski's response. fn1[We defer ruling on appellant's counsel's motion to withdraw pending our receipt and consideration of Mr. Lisowski's response.] 03-19617
12/03/2003Other Returned Mail. Order filed 11/24/03 addressed to James F. Lisowski remailed to corrected address.
12/23/2003Notice/IncomingFiled Status Report. 03-21360
03/09/2004Order/ProceduralFiled Order. Continuing Bankruptcy Stay and Denying Motion to Withdraw. On August 30, 2002, this court entered an order staying these appeals and cross-appeal pursuant to the mandatory provisions of federal bankruptcy law. Because the United States Bankruptcy Court has not approved the abandonment of either of Mr. Ptak's appeals and because it appears the bankruptcy court proceeding is still pending, we conclude that the automatic stay mandated by 11 U.S.C. § 362(a) remains in effect. Because this matter remains on this court's active docket, Mr. Ptak shall file an updated report in Docket No. 39112 and Docket No. 39594 informing this court of the status of the bankruptcy proceedings within 90 days from the date of this order. Mr. Ptak shall immediately notify this court in the event the United States Bankruptcy Court approves the abandonment of Mr. Ptak's appeals. Attorney Jerome A. DePalma has moved for leave to withdraw as counsel of record for Mr. Ptak in Docket No. 39594. We deny Mr. DePalma's motion. This denial is without prejudice to Mr. DePalma right to renew the motion, if necessary, when the appeal in Docket No. 39594 is no longer subject to the bankruptcy stay. Nos. 39112/39594 – cases are not consolidated. 04-04434
02/11/2005MotionFiled Motion to Dismiss Appeal. as abandoned. 05-02803
02/22/2005MotionFiled Response to Motion. Opposition to Motion to Abandon Appeal and Motion for Extension of Time to File Opposition to Motion to Dismiss Appeal. 05-03444
03/02/2005MotionFiled Motion. Motion to Withdraw as Counsel. 05-04031
05/06/2005Order/ProceduralFiled Order. On August 30, 2002, this court entered an order noting that these appeals and cross-appeal were stayed pursuant to the automatic stay provisions of federal bankruptcy law. On April 2, 2004, appellant's bankruptcy counsel filed a copy of a 'Notice of Intent to Abandon Nevada Supreme Court Appeals.' On February 11, 2005, respondents/ cross-appellants in Docket No. 39594, Fletcher Jones filed a motion to dismiss that appeal as abandoned. Further, Fletcher Jones states that the bankruptcy court entered an order authorizing the trustee of appellant's estate to abandon both of appellant's appeals before this court. Accordingly, as it appears that these appeals are no longer part of appellant's bankruptcy estate, it appears the automatic bankruptcy stay is lifted and these appeals may proceed. On February 22, 2005, appellant filed a response to Fletcher Jones' motion to dismiss in Docket No. 39594. We deny Fletcher Jones' motion to dismiss the appeal in Docket No. 39594, and we grant appellant's request for additional time to inform the court of the status of these appeals. On March 2, 2005, Mr. DePalma, counsel for appellant in Docket No. 39594, filed a renewed motion to withdraw. We grant Mr. DePalma's motion to withdraw. The clerk shall remove Mr. DePalma from the docket as counsel of record for appellant in Docket No. 39594. We note that in Docket No. 39112, appellant is represented by attorney Georlen Kay Spangler. Accordingly, Ms. Spangler shall have 20 days from the date of this order to inform this court if she also represents appellant in Docket No. 39594 and to inform this court whether appellant wishes to proceed with these appeals. Fletcher Jones shall have 30 days from the date of this order to inform this court if it wishes to pursue its cross-appeal in Docket No. 39594. Failure to comply with this order may result in dismissal of these appeals and cross-appeal as abandoned. Nos. 39112/39594 – cases are not consolidated. 05-08920
05/17/2005Notice/IncomingFiled Notice of Change of Address. Laxalt & Nomura, Ltd./Reno. 05-09573
05/18/2005Other Returned Mail. Order filed 05/06/05 addressed to Steven J. Ptak remailed to corrected address. Nos. 39112/39594.
05/19/2005Notice/IncomingFiled Status Report. Supplemental Status Report and Renewal of Motion to Withdraw. Nos. 39112 and 39594 (not consolidated). 05-09851
05/31/2005Other Returned Mail. Supplemental Status Report and Renewal of Motion to Withdraw addressed to Steven J. Ptak remailed to corrected address. Nos. 39112/39594.
06/06/2005MotionFiled Response to Order to Show Cause. Status Report Pursuant to Court Order. 05-11057
06/21/2005Other Returned Mail. Order filed 05/06/05 addressed to Steven J. Ptak remailed to corrected address. Nos. 39112/39594.
06/28/2005Other Returned Mail. Supplemental Status Report filed on 05/19/05 addressed to Steven Ptak returned. No forwarding address. Nos. 39112/39594.
07/06/2005Other Returned Mail. Order filed 05/06/05 addressed to Steven Ptak returned (second time). No forwarding address. Nos. 39112/39594.
09/27/2005Order/DispositionalFiled Order Dismissing Appeal. These are related cases. "We dismiss this appeal and cross-appeal." NNP06R-MD/RR/RP. Nos. 39122/39594 - cases are not consolidated. 05-19127
10/06/2005Other Returned Mail. Order Dismissing Appeals and Cross-Appeal addressed to Steven Ptak returned. No forwarding address. Nos. 43112/39594.
10/25/2005RemittiturIssued Remittitur. 05-20041
10/25/2005Case Status Update Remittitur Issued/Case Closed.
11/15/2005Other Returned Mail. Remittitur addressed to Steven Ptak returned. No forwarding address.
11/28/2005RemittiturFiled Remittitur. Received by County Clerk on October 27, 2005. 05-20041