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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 37380
Lower Court Case(s):Lincoln Co. - Seventh Judicial District - 27799LC
Lincoln Co. - Seventh Judicial District - 28799LC
Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Justice Agosti for Justice MaupinPanel Assigned: Panel
To SP/Judge:02/07/2001 / Cohen, LarrySP Status:Completed
Oral Argument:04/15/2003 at 11:30 AMOral Argument Location:Carson City
Submission Date:04/15/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
02/01/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lincoln County Clerk--check no. 1285.
02/01/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-02158
02/07/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Larry J. Cohen. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/18/2001Other Other. Received returned mail for Steven Szostek containing Notice of Settlement dated 2/7/01 and receipt for documents dated 2/1/01 in an envelope with the postmark date reading April 12, 2000. Remailed to current address.
05/29/2001Settlement Program ReportFiled Interim Settlement Program Report. Parties agreed to consider the positions reported by the opposing parties and within two weeks will report to the Settlement Judge. If it appears to the Settlement Judge that there is some reasonable prospect of resolving this matter he will reconvene the settlement conference. If not, the Settlement Judge will release the case from the settlement conference program for further deliberations by the Court. 01-08914
03/20/2002Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge recommends that this case be returned to the Court for further formal proceedings. 02-04990
03/29/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant shall have 15 days from the date of this order to file the docketing statement. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. 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). (Docketing statement mailed to counsel for appellant). 02-05655
04/11/2002Docketing StatementFiled Docketing Statement. 02-06458
05/08/2002Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. 02-08094
05/17/2002Transcript RequestFiled Certificate of No Transcript Request. 02-08744
05/30/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. The briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. 02-09442
06/10/2002Letter/IncomingFiled Letter. from Michael H. Singer in response to order to show cause filed on 05/30/02. 02-10107
07/18/2002Order/ProceduralFiled Order/Show Cause. Response due from appellant: 20 days to submit a proper response to this court's order to show cause addressing all of the concerns noted in this court's May 30 order. 02-12310
08/05/2002MotionFiled Reply to Response. Respondents' Reply to Appellants' Response to Order Show Cause. 02-13361
08/09/2002MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. 02-13667
09/13/2002Order/ProceduralFiled Order. Partially Dismissing Appeal, Reinstating Briefing, and Imposing Sanctions. Appellant's response to the orders to show cause was filed on August 9, 2002. Respondents filed a reply to the response. We conclude that we have jurisdiction over the appeal as to respondent Glen Lewis. While appellant's derelictions in responding to our orders are not condoned, we nevertheless will allow the appeal as to Lewis to proceed in light of our oft-expressed preference for resolving cases on their merits. We dismiss the appeal as to Jones and direct the clerk to modify the caption on this court's docket to reflect that Jones is not a respondent. We conclude that sanctions are warranted in this case. We sanction appellant's counsel in the amount of $250, fn2[We conclude that $500, as requested by respondents, is excessive, in light of the fact that respondents' reply was just over three pages long.] payable to respondents' counsel, for his failure to fully comply with our May 30 and July 18 orders. Counsel shall provide proof of payment within 30 days of the date of this order. We reinstate briefing in this matter as follows. Appellant shall have 70 days to file its opening brief (and appendix). Briefing shall then proceed according to NRAP 31(a)(1). 02-15930
10/03/2002BriefFiled Opening Brief. Mailed on: Fed Ex 10/02/02. 02-17095
10/03/2002AppendixFiled Appendix to Opening Brief. 02-17096
11/07/2002Order/ProceduralFiled Order/Show Cause. To date, no proof of payment has been submitted by appellant's counsel. Appellant's counsel shall have 10 days from the date of this order to pay the sanctions and provide proof of payment to this court, or to show cause why additional sanctions, including referral of this matter to the state bar for investigation and possible discipline, should not be imposed. 02-19171
11/12/2002BriefFiled Answering Brief. Mailed on: 11/08/02. 02-19370
11/14/2002MotionFiled Response to Order to Show Cause. Paid sanctions in amount of $250.00 - check no. 2186 to Steven J. Szostek on October 7, 2002. 02-19591
11/22/2002BriefFiled Reply Brief. Mailed on: Fed Ex 11/21/02. 02-20169
02/24/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 15, 2003, at 11:30 a.m. (NNP03-RR/WM/MG)
03/31/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
04/10/2003Other Returned Mail. Faxed and remailed the Oral Argument Reminder Notice issued on 03/31/03 addressed to Steven J. Szostek to corrected address.
04/15/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP03-RR/WM/MG.
08/20/2003Order/ProceduralFiled Order. The Honorable A. William Maupin, Justice, having recused himself in the above entitled matter, the Honorable Deborah A. Agosti, Chief Justice, is assigned to participate in the decision of this appeal on the record and briefs filed herein and the recording of oral argument heard April 15, 2003. 03-13964
08/28/2003Opinion/DispositionalFiled Per Curiam Opinion. "Reversed and remanded with instructions." Before Agosti/Rose/Gibbons. Author: Per Curiam. Majority: Agosti/Rose/Gibbons. 119 Nev. Adv. Opn. No. 40. NNP03/Agosti/Rose/Gibbons. 03-14487
09/23/2003RemittiturIssued Remittitur. 03-14515
09/23/2003Case Status Update Remittitur Issued/Case Closed.
10/01/2003RemittiturFiled Remittitur. Received by County Clerk on September 26, 2003. 03-14515