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United States Court Cases

Nevada Supreme/Appellate Court Record

GUINN VS. DUNCAN

Case Information: 39371
Short Caption:GUINN VS. DUNCANCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A410679Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Justice Becker for Justice MaupinPanel Assigned: Panel
To SP/Judge:03/22/2002 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/19/2002OtherDisqualification of Justice Leavitt. Law firm of Leavitt, Sully & Rivers.
03/19/2002OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
03/19/2002OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
03/19/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kerr & Associates--check no. 9023.
03/19/2002Notice 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.) 02-04929
03/22/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/03/2002Docketing StatementFiled Docketing Statement. 02-05905
04/04/2002Notice/Outgoing Letter. Lansford W. Levitt. (Docketing statement)
08/07/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 3, 2002. 02-13489
01/21/2003Notice/IncomingFiled Notice. Suggestion of Death Upon the Record. 03-01046
01/28/2003Notice/Outgoing Letter. Lansford W. Levitt. (Notice of Suggestion of Death)
03/17/2003Order/ProceduralFiled Order. On January 21, 2003, counsel for appellant filed a notice that informs this court that appellant died "during the pendency of this litigation." Counsel for appellant shall have 20 days from the date of this order to: (1) file a motion for substitution of the personal representative of appellant as a party in this appeal; (2) inform this court whether additional time is required for the substitution of a personal representative; or (3) inform this court that appellant has no personal representative. 03-04412
04/04/2003MotionFiled Motion. Request for Extension of Time to Appoint a Special Administrator for the Estate of Nawaz Surani. 03-05672
04/11/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a partial settlement of this matter. A settlement has been reached with Appellant Suran and Western Surety and its insured Respondent Farmer. 03-06158
04/16/2003MotionFiled Stipulation. Stipulation to Dismiss Appeal as to Defendant Western Surety Company Only. 03-06517
04/21/2003MotionFiled Motion. Motion for Substitution of Party. Attorney for Appellant hereby moves this court to substitute Celeste A. Guinn, as Special Administrator, in the place and stead of Appellant, Nawaz Surani, who is now deceased. 03-06819
05/07/2003Order/ProceduralFiled Order. Granting Motion to Substitute Appellant, Partially Dismissing Appeal and Reinstating Briefing. On April 21, 2003, Mr. Kerr filed a motion to substitute Celeste A. Guinn, as special administrator of the estate of Nawaz Surani, in the place of Nawaz Surani as appellant in this appeal. Because Mr. Kerr has filed a motion to substitute appellant, we deny, as moot, his April 4, 2003, motion for an extension of time. We grant the motion to substitute. The clerk shall modify this court's caption by removing 'Nawaz Surani' and adding 'Celeste A. Guinn, as Special Administrator of the Estate of Nawaz Surani' as appellant in this appeal. Pursuant to the settlement conference, the stipulation of the parties and cause appearing, we dismiss this appeal as to respondent Western Surety Company only. Appellant and Western Surety Company shall bear their own costs and attorney fees. The briefing of this appeal shall be reinstated as to the remaining parties. 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). 03-07747
05/22/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 11, 2003. To Court Reporter: Janie Olsen. 03-08677
06/06/2003Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcript of Proceedings . Transcripts requested: February 11, 2002. To Court Reporter: Janie Olsen. 03-09495
07/23/2003Order/ProceduralFiled Order. Court recorder Janie Olsen shall have 20 days from the date of this order to prepare and file the transcript of proceedings held on February 11, 2002. If more time is needed to complete the preparation of the transcript, Ms. Olsen shall, within the same time period, file a motion requesting an extension of time. If the requested transcript cannot be produced, Ms. Olsen shall notify this court, in writing, of this fact. 03-12475
08/01/2003TranscriptFiled Transcript. Proceedings: February 11, 2002. Court Reporter: Janie Olsen. 03-12968
08/11/2003Notice/IncomingFiled Substitution of Attorneys. Levine, Garfinkel & Katz in the place and stead of Berkley, Gordon, Levine, Goldstein & Garfinkel (Levine, Garfinkel & Katz already listed as counsel for respondent Farmer). 03-13358
09/05/2003MotionFiled Motion and Order Extending Time. Brief due: October 3, 2003. 03-14941
10/06/2003BriefFiled Opening Brief. 03-16554
10/06/2003AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 03-16555
11/05/2003Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from this order's date. The briefing schedule in this appeal is suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. 03-18491
11/12/2003MotionFiled Motion to Extend Time. United Capital. 03-18857
11/26/2003Order/ProceduralFiled Order. Respondent Beryl Y. Duncan has submitted a proper person response to appellant's opening brief. Additionally, respondent United Capital Mortgage Corporation ('United'), has filed a motion for extension of time to file the answering brief. We note that our November 5, 2003, order suspended the briefing of this appeal pending resolution of a potential jurisdictional defect. Accordingly, we direct the clerk to return, unfiled, Ms. Duncan's response received on November 7, 2003. Further, we deny United's motion as moot. Finally, we note that it is unclear whether attorney Valarie I. Fujii represents Ms. Duncan in this appeal. Accordingly, Ms. Fujii shall, within 10 days from the date of this order, inform this court whether she is representing Ms. Duncan in this appeal. If Ms. Fujii is no longer representing Ms. Duncan she shall, within 20 days of the date of this order, file a motion to withdraw as counsel. 03-19817
11/26/2003Notice/OutgoingIssued Letter. to respondent Beryl Y. Duncan. Returned unfiled, the original "Proper Person Beryl Duncan's Response to Appellant's Opening Brief received on November 7, 2003."
12/05/2003MotionFiled Motion. 03-20279
12/16/2003Order/ProceduralFiled Order Granting Motion. to Withdraw. Attorney Valarie I. Fujii has moved to withdraw as counsel of record for respondent Beryl Y. Duncan. Respondent Duncan was served with a copy of the motion at her last known address. Cause appearing, we grant the motion. See SCR 46(2); SCR 166(2)(f). The clerk shall remove Ms. Fujii as counsel of record for respondent Duncan. 03-20945
03/03/2004Order/ProceduralFiled Order/Show Cause. Appellant shall have 10 days from this order's date to respond to our November 5, 2003 show cause order. Respondents may file any reply within 10 days from the date that appellant's response is served. 04-03998
03/17/2004MotionFiled Response to Order to Show Cause. 04-05077
03/26/2004MotionFiled Reply to Response. Reply ot Respondent United Capital Mortgage Corporation Re Order to Show Cause. 04-05692
04/06/2004Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." fn5[A petition for a writ of mandamus may be an appropriate vehicle for seeking relief from the order refusing to set aside the execution sale and stipulated dismissals.] SNP04S-MS/RR/NB 04-06299
05/04/2004RemittiturIssued Remittitur. 04-07221
05/04/2004Case Status Update Remittitur Issued/Case Closed.
05/13/2004RemittiturFiled Remittitur. Received by County Clerk on May 6, 2004. 04-07221