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United States Court Cases

Nevada Supreme/Appellate Court Record

AL'S TRUCK CO. VS. HUB GROUP, INC.

Case Information: 39670
Short Caption:AL'S TRUCK CO. VS. HUB GROUP, INC.Court:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0102084Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/05/2002 / Allison, GeorgeSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/19/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/22/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Robert E. Dickey Jr.--check no. 8153.
05/22/2002Notice 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.) 02-08973
05/31/2002Transcript RequestFiled Certificate of No Transcript Request. 02-09576
06/05/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: George V. Allison. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/05/2002Docketing StatementFiled Docketing Statement. 02-09826
06/06/2002Notice/Outgoing Letter. George Allison. (Docketing statement)
08/06/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 22, 2002. 02-13442
12/03/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-20665
12/12/2002Settlement Order/ProceduralFiled 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
12/27/2002Order/ProceduralFiled 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
01/24/2003MotionFiled Response to Order to Show Cause. 03-01345
01/29/2003MotionFiled Response to Motion. Supplement to Response to Order to Show Cause. 03-01602
02/07/2003Order/ProceduralFiled 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
02/20/2003MotionFiled Response to Order to Show Cause. Response to February 7th 2003 Order to Show Cause. 03-02893
02/27/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 03-03284
03/06/2003Order/ProceduralFiled 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
05/14/2003BriefFiled Opening Brief. 03-08186
05/14/2003AppendixFiled Appendix to Opening Brief. 03-08187
06/13/2003MotionFiled Stipulation and Order. Brief due: July 14, 2003. 03-09906
07/14/2003MotionFiled Motion to Extend Time. 03-11805
07/22/2003Order/ProceduralFiled 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
08/18/2003BriefFiled Answering Brief. 03-13742
08/18/2003AppendixFiled Appendix to Answering Brief. 03-13743
09/08/2003MotionFiled Stipulation and Order. Brief due: October 14, 2003 03-15031
10/14/2003BriefFiled Reply Brief. 03-17028
10/14/2003AppendixFiled Appendix to Reply Brief. 03-17029
03/10/2004Order/ProceduralFiled 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
04/09/2004Notice/IncomingFiled Status Report. 04-06662
08/11/2004Order/ProceduralFiled 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
09/02/2004Notice/IncomingFiled Status Report. 04-15970
10/26/2004Notice/IncomingFiled Notice. Notice of Order Granting Motion for Certification of Intent to Grant Relief. 04-19814
12/14/2004Order/ProceduralFiled 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
02/01/2005Order/IncomingFiled District Court Order. Certified copy of Order Pursuant to NRCP 60(b) filed in district court on January 18, 2005. 05-02053
02/10/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 05-02694
02/15/2005Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy of Amended Case Appeal Statement filed in district court on 2/10/05. 05-03018
03/04/2005Order/ProceduralFiled 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
03/28/2005Order/IncomingFiled 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
04/07/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 05-06869
04/27/2005Order/ProceduralFiled 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
10/19/2005Order/ProceduralFiled 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
10/19/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP
11/16/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06R-MD/RR/RP 05-22586
12/13/2005RemittiturIssued Remittitur. 05-23311
12/13/2005Case Status Update Remittitur Issued/Case Closed.
12/21/2005RemittiturFiled Remittitur. Received by District Court Clerk on December 15, 2005. 05-23311