Docket Entries |
Date | Type | Description | Pending? | Document |
05/22/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Robert E. Dickey Jr.--check no. 8153. | | |
05/22/2002 | Notice of Appeal Documents | Filed 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.) | | 02-08973 |
05/31/2002 | Transcript Request | Filed Certificate of No Transcript Request. | | 02-09576 |
06/05/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: George V. Allison. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
06/05/2002 | Docketing Statement | Filed Docketing Statement. | | 02-09826 |
06/06/2002 | Notice/Outgoing | Letter. George Allison. (Docketing statement) | | |
08/06/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: October 22, 2002. | | 02-13442 |
12/03/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 02-20665 |
12/12/2002 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the briefing schedule. Appellant: 70 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). | | 02-21224 |
12/27/2002 | Order/Procedural | Filed Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule is suspended pending further order of this court. | | 02-22134 |
01/24/2003 | Motion | Filed Response to Order to Show Cause. | | 03-01345 |
01/29/2003 | Motion | Filed Response to Motion. Supplement to Response to Order to Show Cause. | | 03-01602 |
02/07/2003 | Order/Procedural | Filed Order/Show Cause. We grant appellant an additional 20 days from the date of this order to obtain a stipulation and order from the district court formally dismissing the outstanding claims. The order should not be entered nunc pro tunc. Additionally, in order to establish this court's jurisdiction, appellant must file a timely amended notice of appeal from the order dismissing the claims. Failure to demonstrate that this court has jurisdiction may result in the dismissal of the appeal. | | 03-02247 |
02/20/2003 | Motion | Filed Response to Order to Show Cause. Response to February 7th 2003 Order to Show Cause. | | 03-02893 |
02/27/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 03-03284 |
03/06/2003 | Order/Procedural | Filed Order/Briefing Reinstated. Appellant ha complied with our second order to show cause. We conclude that jurisdiction in this court is now proper, and that briefing may proceed. Appellant shall have 70 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-03745 |
05/14/2003 | Brief | Filed Opening Brief. | | 03-08186 |
05/14/2003 | Appendix | Filed Appendix to Opening Brief. | | 03-08187 |
06/13/2003 | Motion | Filed Stipulation and Order. Brief due: July 14, 2003. | | 03-09906 |
07/14/2003 | Motion | Filed Motion to Extend Time. | | 03-11805 |
07/22/2003 | Order/Procedural | Filed Order Granting Motion. filed July 14, 2003. Respondent shall have until August 13, 2003, to file and serve the answering brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. | | 03-12409 |
08/18/2003 | Brief | Filed Answering Brief. | | 03-13742 |
08/18/2003 | Appendix | Filed Appendix to Answering Brief. | | 03-13743 |
09/08/2003 | Motion | Filed Stipulation and Order. Brief due: October 14, 2003 | | 03-15031 |
10/14/2003 | Brief | Filed Reply Brief. | | 03-17028 |
10/14/2003 | Appendix | Filed Appendix to Reply Brief. | | 03-17029 |
03/10/2004 | Order/Procedural | Filed Order. Denying Request to Dismiss and Directing Response. As it appears that respondent's inclusion in the stipulation to dismiss was inadvertent, we deny respondent's request for dismissal. Concerning appellant's request for leave to correct the mistake under NRCP 60(a), we conclude that the relief appellant seeks is more appropriately pursued through NRCP 60(b). Appellant seeks a substantive change in the district court's order, and NRCP 60(a) is designed to correct clerical errors, not to make substantive changes. Therefore, in order to grant appellant's request for remand, appellant must comply with the procedures for remand set forth in Huneycutt v. Huneycutt. Appellant must first obtain an order from the district court certifying that it is inclined to grant the relief requested by appellant. If the district court certifies that it is inclined to grant the relief, appellant must then file a motion for remand in this court accompanied by the district court's certification. Accordingly, appellant shall have thirty days from the date of this order in which to file a motion for remand with the appropriate certification, or to inform this court in writing that the district court has declined to certify the matter or has yet to resolve the issue. | | 04-04503 |
04/09/2004 | Notice/Incoming | Filed Status Report. | | 04-06662 |
08/11/2004 | Order/Procedural | Filed Order. Directing Response. Appellant shall have 30 days from the date of this order in which to file a formal motion in the district court requesting that court's certification that it is inclined to grant relief under NRCP 60(b), and to file in this court a motion for remand with the appropriate certification, or inform this court in writing that the district court has declined to certify the matter or has yet to resolve the issue. | | 04-14484 |
09/02/2004 | Notice/Incoming | Filed Status Report. | | 04-15970 |
10/26/2004 | Notice/Incoming | Filed Notice. Notice of Order Granting Motion for Certification of Intent to Grant Relief. | | 04-19814 |
12/14/2004 | Order/Procedural | Filed Order. of Limited Remand. We note that appellant has not filed a motion for remand in this court, which is contemplated in the Huneycutt procedure, but rather has provided this court with notice of the district court's certification order. Nevertheless, we construe appellant's notice as a motion for remand, grant the motion, and remand this matter for the limited purpose of allowing the district court to formally resolve appellant's motion for relief under NRAP 60(b). The district court shall have 30 days from the date of this order to resolve appellant's motion in a written order. To perfect appellate jurisdiction, appellant must thereafter file a timely amended notice of appeal from the district court's written order in accordance with NRAP 4(a). | | 04-22779 |
02/01/2005 | Order/Incoming | Filed District Court Order. Certified copy of Order Pursuant to NRCP 60(b) filed in district court on January 18, 2005. | | 05-02053 |
02/10/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 05-02694 |
02/15/2005 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy of Amended Case Appeal Statement filed in district court on 2/10/05. | | 05-03018 |
03/04/2005 | Order/Procedural | Filed Order. Directing District Court to Resolve NRCP 60(b) Motion. The district court shall have 20 days from the date of this order to formally resolve appellant's NRCP 60(b) motion to amend the February 13, 2003 stipulation and order by deleting appellant's agreement to dismiss the case as to respondent. Once an order is entered, the district court clerk shall immediately transmit a certified copy to this court. Appellant must file a timely amended notice of appeal from the order. We note that the instant order constitutes the fourth order that w h have issued to assist appellant in correcting the jurisdictional defect in this appeal. We caution appellant that it has the burden to demonstrate jurisdiction in this court, and failure to do so may result in the dismissal of this appeal. | | 05-04336 |
03/28/2005 | Order/Incoming | Filed District Court Order. Certified copy of Order Pursuant to N.R.C.P. 60(b) filed in district court on March 17, 2005. | | 05-05991 |
04/07/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 05-06869 |
04/27/2005 | Order/Procedural | Filed Order. Allowing Appeal to Proceed. On March 29, 2005, appellant filed a timely amended notice of appeal. Accordingly, as we have jurisdiction over this appeal, it may proceed. | | 05-08253 |
10/19/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. | | 05-20649 |
10/19/2005 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP | | |
11/16/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06R-MD/RR/RP | | 05-22586 |
12/13/2005 | Remittitur | Issued Remittitur. | | 05-23311 |
12/13/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
12/21/2005 | Remittitur | Filed Remittitur. Received by District Court Clerk on December 15, 2005. | | 05-23311 |