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United States Court Cases

Nevada Supreme/Appellate Court Record

UNITED INSURANCE CO. VS. CHAPMAN INDUSTRIES

Case Information: 39523
Short Caption:UNITED INSURANCE CO. VS. CHAPMAN INDUSTRIESCourt:Supreme Court
Related Case(s): 29231 , 47464 , 48717
Lower Court Case(s):Washoe Co. - Second Judicial District - CV876780Classification:Civil Appeal - General - Other
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:05/10/2002 / Morgan, AnnSP Status:Completed
Oral Argument:11/12/2003 at 9:00 AMOral Argument Location:Carson City
Submission Date:11/12/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/24/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Burton Bartlett & Glogovac--check no. 10981.
04/24/2002Notice 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.) 02-07246
05/07/2002Docketing StatementFiled Docketing Statement. Called for a certificate of service. Due date: 10 days. 02-08030
05/10/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Ann Morgan. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/10/2002Notice/IncomingFiled Proof of Service. (Docketing Statement). 02-08233
05/13/2002Notice/Outgoing Letter. Ann Morgan. (Docketing statement)
07/15/2002Notice/IncomingFiled Substitution of Attorneys. Bible, Hoy & Trachok in place and stead of Hoy & Smallhouse as counsel for repondents. 02-12103
07/17/2002Notice/Outgoing Letter. Ann Morgan. (Substitution of Attorneys)
09/30/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-16888
10/02/2002Notice/IncomingFiled Notice of Association of Counsel. Representing appellant: Robert L. Eisenberg, Lemons Grundy & Eisenberg. 02-17062
10/02/2002MotionFiled Motion. Motion to Allow Partial Payment of Judgment and to Reduce Supersedeas Bond. 02-17063
10/04/2002Settlement 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). 02-17186
10/10/2002MotionFiled Response to Motion. Opposition to "Motion to Allow Partial Payment of Judgment and to Reduce Supersedeas Bond". 02-17580
10/15/2002Transcript RequestFiled Certificate of No Transcript Request. 02-17897
01/31/2003BriefFiled Opening Brief. Mailed on: Hand delivered 01/31/03. 03-01738
01/31/2003AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 03-01740
03/03/2003BriefFiled Answering Brief. Mailed on Hand delivered 3/3/03. 03-03456
03/03/2003AppendixFiled Appendix to Answering Brief. 03-03457
03/24/2003MotionFiled Motion and Order Extending Time. Brief due: May 2, 2003. 03-04971
04/21/2003MotionFiled Motion to Extend Time. (Second Request). 03-06743
04/22/2003Order/ProceduralFiled Order Granting Motion. filed April 21, 2003. Appellant shall have until June 2, 2003, to file and serve the reply brief. No further extensions of time shall be permitted absent extreme and unforeseeable circumstances. 03-06881
04/23/2003MotionFiled Response to Motion. Respondent's Opposition to Appellant's Motion for Second Extension of Time. 03-06928
05/15/2003MotionFiled Motion. Appellant United's Motion for Sanctions. 03-08323
05/15/2003BriefFiled Reply Brief. 03-08338
05/15/2003AppendixFiled Appendix to Reply Brief. Vols. 1 and 2. 03-08339
05/21/2003MotionFiled Motion to Extend Time. to Respond to Motion for Sanctions. 03-08643
05/23/2003MotionFiled Response to Motion. Non Opposition to Motion to Extend Time to Respond to Motion for Sanctions. 03-08788
06/11/2003MotionFiled Motion. Motion to Amend or Supplement Answering Brief. 03-09744
06/16/2003MotionFiled Response to Motion. Response to Respondents' Motion to Amend/Supplement Answering Brief. 03-10054
06/30/2003Order/ProceduralFiled Order. Appellant filed the reply brief on May 15, 2003. On April 23, 2002, one day after our order granting appellant's motion was entered, respondents filed an opposition to the motion. We elect to treat that opposition as a motion for reconsideration, and we deny that motion. On May 15, 2003, appellant filed a motion for sanctions against respondents and their counsel. Under NRAP 38(b) this court may award attorney fees whenever the appellate processes of this court have been misused. Because such a determination is better made after this court has considered the issues on appeal on their merits, we decline to impose such sanctions at this time. Accordingly, we deny appellant's motion. This denial is without prejudice, however, to appellant refiling such a motion after resolution of this appeal. Because we deny appellant's motion for sanctions, we deny as moot respondents' May 21, 2003, motion to extend time to file a response to appellant's motion. The clerk of this court shall return, unfiled, the response received on June 11, 2003. On June 11, 2003, respondents filed a "Motion to Amend or Supplement Answering Brief." Appellant has filed a response to respondents' motion. We elect to treat the motion to amend or supplement answering brief as an addendum to the answering brief, and will consider the addendum in conjunction with respondents' brief. 03-10885
06/30/2003Notice/OutgoingIssued Letter. to attorney Michael D. Hoy. Returned unfiled, the original "Opposition to Motion for Sanctions", received June 11, 2003.
07/14/2003Order/ProceduralFiled Order Denying Motion. We conclude that the district court did not abuse its discretion in denying United's request to post a $2,042,456 supersedeas bond and to compel Chapman to accept a $2,673,640 payment. Accordingly, we deny appellant's motion. 03-11770
09/17/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 12, 2003, at 9:00 a.m. (En Banc)
10/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
11/05/2003Order/IncomingFiled Executive Order. District Judge John M. Iroz is appointed to sit in the place of Justice Myron E. Leavitt. 03-18392
11/12/2003Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
02/11/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part and remanded." fn1[The Honorable John M. Iroz, Judge of the Sixth Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Leavitt, Justice. Nev. Const. Art 6, sec. 4.] Before the Court En Banc. Author: Per Curiam. 120 Nev. Adv. Opn. No. 8. EN BANC. 07/22/04 Order Granting Rehearing and Withdrawing Opinion. 04-02629
02/27/2004MotionFiled Stipulation. Stipulation to Enlarge Time for Filing Petitions for Rehearing. 04-03780
03/02/2004Order/ProceduralFiled Order/Stipulation Approved. The parties shall have until March 11, 2004, to file and serve petitions for rehearing. 04-03897
03/11/2004Filing Fee Filing Fee due.
03/11/2004Post-Judgment PetitionFiled Petition for Rehearing. Respondents' Petition for Rehearing. 04-04622
03/11/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. ($150 rehearing fee due from respondents.) Due Date: 10 days
03/11/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Lemons Grundy & Eisenberg--check no. 35189.
03/11/2004Post-Judgment PetitionFiled Petition for Rehearing. Appellant's Petition for Rehearing. 04-04632
03/11/2004MotionFiled Motion. Renewal of Motion for Sanctions. 04-04648
03/12/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Bible, Hoy & Trachok - check no. 31931.
03/19/2004MotionFiled Response to Motion. Opposition to "Renewal of Motion for Sanctions." 04-05224
05/05/2004Order/ProceduralFiled Order Denying Motion. On February 11, 2004, this court entered an opinion affirming in part, reversing in part, and remanding this matter to the district court for further proceedings. On March 11, 2004, appellant filed a 'Renewal of Motion for Sanctions.' On March 19, 2004, respondents filed an opposition to the motion. We again conclude that respondents' conduct, particularly in light of their motion to amend or supplement the answering brief, does not warrant the imposition of sanctions. Accordingly, we deny appellant's renewed motion. fn1[The Honorable John M. Iroz, Judge of the Sixth Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Levitt, Justice. Nev. Const. art. 6, sec. 4.] 04-08276
05/05/2004Order/ProceduralFiled Order. Denying Respondents' Petition for Rehearing and Directing Answer to Appellant's Petition for Rehearing. We have reviewed the petition for rehearing filed by respondents and conclude that rehearing is not warranted on the grounds stated in respondents' petition. We deny the petition for rehearing filed by respondents. NRAP 40©. We have also considered the petition for rehearing filed by appellant and conclude that an answer will assist the coure in resolving the issues presented in appellant's petition. Respondents shall have 15 days from the dte of this order to file and serve an answer to appellant's petition. See NRAP 40. fn1[The Honorable John M. Iroz, Judge of the Sixth Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Levitt, Justice. Nev. Const. art. 6, sec. 4. ] 04-08278
05/20/2004Post-Judgment PetitionFiled Answer to Petition for Rehearing. Respondents' Answer to Appellant's Petition for Rehearing. 04-09418
07/22/2004Post-Judgment OrderFiled Order/Rehearing Granted. Order Granting Rehearing and Withdrawing Opinion. On February 11, 2004, this court issued an opinion in this appeal affirming in part, reversing in part and remanding this matter to the district court for further proceedings. United Ins. Co. v. Chapman Indus., 120 Nev. ___, 83 P.3d 831 (2004). Appellant and respondents timely petitioned for rehearing. On May 5, 2004, we denied respondents' petition for rehearing and directed respondents to file an answer to appellant's petition for rehearing. Cause appearing, we grant appellant's petition for rehearing. See NRAP 40. We direct the clerk of this court to withdraw our opinion in this matter from publication. fn1[The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] EN BANC 04-13335
11/19/2004Opinion/DispositionalFiled Opinion on Rehearing. "Reversed and remanded." fn1[The Honorable John M. Iroz, Judge of the Sixth Judicial District Court, was designated by the Governor to sit in place of the Honorable Myron E. Leavitt, Justice. Nev. Const. Art. 6 sec. 4. The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] fn2[On February 11, 2004, this court issued an opinion in this appeal affirming in part, reversing in part and remanding this matter to the district court for further proceedings. Appellant and respondents timely petitioned for rehearing. On May 5, 2004, we denied respondents' petition for rehearing. On July 22, 2004, we granted appellant's petition for rehearing pursuant to NRAP 40 and directed the clerk of this court to withdraw the previous opinion from publication.] Before the Court EN BANC. Author: Per Curiam. Shearing, C.J., Agosti, Rose, Becker, Maupin and Gibbons, JJ., Iroz, D.J. 120 Nev. Adv. Opn. No. 83. EN BANC. 04-21339
12/14/2004RemittiturIssued Remittitur. 04-21847
12/14/2004Case Status Update Remittitur Issued/Case Closed.
12/27/2004RemittiturFiled Remittitur. Received by County Clerk on December 17, 2004. 04-21847