| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 02/07/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Theresa M. Dowling--check no. 3944. | | |
| 02/07/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. | | 01-02509
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| 02/16/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Neil Galatz. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
| 03/08/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 01-04260
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| 03/16/2001 | Notice/Outgoing | Letter. Neil Galatz. | | |
| 03/30/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. (Second Amended Notice of Appeal). | | 01-05596
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| 04/06/2001 | Notice/Outgoing | Letter. Neil Galatz. | | |
| 06/04/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 01-09272
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| 06/04/2001 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days | | |
| 06/13/2001 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. 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). | | 01-09867
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| 06/15/2001 | Docketing Statement | Filed Docketing Statement. | | 01-10088
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| 06/29/2001 | Transcript Request | Filed Certificate of No Transcript Request. | | 01-11057
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| 06/29/2001 | Notice/Incoming | Filed Proof of Service. Receipt of Copy (Transcripts). | | 01-11058
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| 10/10/2001 | Motion | Filed Motion and Order Extending Time. Brief due: November 13, 2001. | | 01-17113
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| 11/13/2001 | Motion | Filed Motion to Extend Time. | | 01-18863
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| 11/16/2001 | Order/Procedural | Filed Order Granting Motion. filed November 13, 2001. Appellant shall have until December 12, 2001, to file and serve the opening brief and appendix. No further extensions of time shall be permitted except upon demonstration of extreme and unforeseeable circumstances. | | 01-19235
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| 12/11/2001 | Motion | Filed Motion and Order/Excess Pages. Granted: 46 pages. | | 01-20741
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| 12/11/2001 | Brief | Filed Opening Brief. Mailed on: Hand delivered 12/11/01. | | 01-20745
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| 12/11/2001 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 17. Volumes 6 through 17 are Trial Transcripts with the following dates: 10/17/00, 10/18/00, 10/19/00, 10/20/00, 10/24/00, 10/25/00, 10/31/00, 11/01/00, 11/02/00, 11/03/00, (Volume 16) 11/07/00 and 11/08/00, and (Volume 17) 11/09/00, 11/13/00, 11/14/00, and 11/21/00. | | 01-20746
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| 01/17/2002 | Motion | Filed Motion to Extend Time. 60 days requested. | | 02-01239
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| 01/22/2002 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed January 17, 2002. Respondent shall file and serve the answering brief by March 15, 2002. | | 02-01387
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| 03/15/2002 | Motion | Filed Stipulation. | | 02-04772
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| 03/19/2002 | Order/Procedural | Filed Order Granting Motion. We elect to treat the stipulation filed on March 15, 2002 as a joint motion and we grant the motion. Respondent shall file and serve the answering brief by April 15, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. | | 02-04941
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| 04/17/2002 | Brief | Filed Answering Brief. Mailed on: 4/15/02. Signed by Kathleen J. England. | | 02-06872
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| 04/17/2002 | Appendix | Filed Appendix to Answering Brief. | | 02-06873
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| 05/14/2002 | Order/Procedural | Filed Order/Show Cause. Appellant Anderson Dairy, Inc. shall have fifteen days from the date of this order within which to show cause why its appeal from the February 5, 2001, sanction order should not be dismissed for lack of jurisdiction. Fn3 [Respondent shall have ten days from the date upon which Anderson Dairy, Inc., serves its response to this order within which to file and serve any reply.] | | 02-08417
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| 05/21/2002 | Motion | Filed Motion and Order Extending Time. Brief due: June 19, 2002. | | 02-08951
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| 05/21/2002 | Motion | Filed Response to Order to Show Cause. Appellant's Response to Order to Show Cause. | | 02-08952
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| 05/24/2002 | Brief | Filed Reply Brief. Mailed on: 05/23/02. | | 02-09183
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| 05/24/2002 | Appendix | Filed Appendix to Reply Brief. | | 02-22257
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| 06/06/2002 | Order/Procedural | Filed Order/Show Cause. Appellant Anderson Dairy, Inc. shall have thirty days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. If all potential jurisdictional defects are addressed by procuring a signed order of an NRCP 41 stipulation, we caution appellant that it will need to timely file a third amended notice of appeal. If appellant files a third amended notice of appeal, appellant shall have fifteen days from the date it files the amended notice of appeal within which to file an amended docketing statement that fully complies with NRAP 14. We caution appellant that failure to demonstrate that this court has jurisdiction may result in this court's dismissal of this appeal. Respondent may file any reply within fifteen days from the date that appellant's response is served. Fn6 [No additional filing fees are required for a timely filed amended notice of appeal. An amended notice of appeal, if any, filed in response to this order to show cause, shall be filed under the same docket number]. | | 02-09890
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| 07/08/2002 | Motion | Filed Motion to Extend Time. (Respond to Order to Show Cause). | | 02-11591
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| 07/10/2002 | Order/Procedural | Filed Order Granting Motion. filed July 8, 2002. Appellant shall have until August 7, 2002, to file and serve the response. Respondent may file any reply within 15 days from service of the response. | | 02-11786
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| 08/06/2002 | Motion | Filed Response to Order to Show Cause. | | 02-13418
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| 08/08/2002 | Notice/Incoming | Filed Notice. Notice of Filing Third Amended Notice of Appeal. | | 02-13559
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| 08/09/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Third Amended Notice of Appeal. | | 02-13669
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| 08/22/2002 | Order/Procedural | Filed Order. Order Partially Dismissing Appeal, Striking Portion of Briefs, Instructing Appellant's Counsel that a Writ petition is Appropriate Means to Challenge Sanctions Order, and Allowing Remainder of Appeal to Proceed. On May 14, 2002, and June 6, 2002, we issued orders to show cause why this appeal should not be dismissed for lack of jurisdiction. Having reviewed appellant's response concerning the first defect, as well as the third amended notice of appeal, we conclude that this defect has been cured. The appeal from all of the orders except the order imposing sanctions on appellant's counsel may proceed. In response concerning the second potential defect, appellant argues that under NRAP 1(e)(6), a 'party' is defined as including counsel, and thus counsel may appeal. We lack jurisdiction over this portion of the appeal, and it is hereby dismissed. Appellant has requested in the alternative that the opening brief be considered a writ petition by counsel challenging the sanctions order. We deny appellant's alternative request. We direct the clerk to strike the following portions of the briefs, which pertain to the sanctions order; section I of appellant's opening brief, beginning on page 43 and concluding on page 46; section I of respondent's answering brief, beginning on page 25 and concluding on page 27; and section I of appellant's reply brief, beginning on page 22 and concluding on page 23. If appellant's counsel wishes to challenge the sanctions order by way of a writ petition, counsel shall have 20 days to file a writ petition that satisfies the requirements of NRAP 21. Counsel may refer to the appendices and transcripts on file in this appeal rather than attaching additional copies to the petition. If counsel files the petition within this time period, we direct the clerk to consolidate the petition with this appeal upon docketing of the writ petition. | | 02-14408
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| 08/22/2002 | Docketing Statement | Filed Docketing Statement. Amended Docketing Statement. | | 02-14439
|
| 09/09/2002 | Order/Procedural | Filed Order/Answer Writ Petition. Directing Answer in Docket No. 40134. These matters have been consolidated. The real party in interest, on behalf of respondents, shall have 15 days from the date of this order to file an answer, including authorities, against issuance of the requested writ. fn1[The real party in interest may refer to the appendices and transcripts on file in No. 37397 rather than attach additional copies of the documents to the answer.] Nos. 37397/40134. | | 02-15588
|
| 09/09/2002 | Motion | Filed Motion. Request of Real Party in Interest Bennett Elliott for Leave to File an Answering Brief to Petition for Writ of Mandamus or Prohibition. (no. 40134). Nos. 37397/40134 | | |
| 09/23/2002 | Motion | Filed Motion to Extend Time. Bennett Elliott's Motion for Extension of Time to File Answer in Docket No. 40134. Nos. 37397/40134 | | 02-16476
|
| 09/27/2002 | Order/Procedural | Filed Order Granting Motion. filed September 9, 2002., and September 23, 2002. Real party in interest Bennett Elliott shall have until October 15, 2002, to file and serve an answer to the writ petition in No. 40134. Nos. 37397/40134 | | 02-16793
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| 10/18/2002 | Petition/Writ | Filed Answer to Petition for Writ. Real Party in Interest Mr. Bennett Elliott's Answer to Ms. Dowling's Petition for Writ of Mandamus or Prohibition. Nos. 37397/40134. | | 02-18158
|
| 10/30/2002 | Motion | Filed Motion. Motion for Leave to File Addendum to Opening and Reply Briefs. Nos. 37397/40134. | | 02-18679
|
| 10/30/2002 | Other | Other. Received Anderson Dairy's Addendum to Opening and Reply Briefs. Nos. 37397/40134. | | 02-18680
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| 01/29/2003 | Order/Procedural | Filed Order Granting Motion. filed October 30, 2002. The clerk of this court shall file the addendum to the opening and reply briefs received on October 30, 2002. Respondent Bennett Elliott shall have 20 days from the date of this order to file a supplement to the answering brief, if deemed necessary. The supplement shall contain only a response to arguments presented in the addendum to the opening and reply briefs. Thereafter, the briefing in Docket No.37397 shall be deemed completed. Nos. 39237/40134. (03-01559) | | 03-01559
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| 01/29/2003 | Other | Other. Filed Anderson Dairy's Addendum to Opening and Reply Briefs in Docket No. 37397. Nos. 37397/40134. (02-18680) | | 02-18680
|
| 02/20/2003 | Other | Other. Filed Respondent Ben Elliott's Supplemental Response to Anderson Dairy's Addendum. Nos. 37397/40134. | | 03-02903
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| 05/12/2003 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and these matters shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the papers filed herein. Nos. 37397/40134. | | 03-08008
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| 05/12/2003 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. (SNP03-MS/ML/NB). Nos. 37397/40134. | | |
| 06/03/2003 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal and Remand (No. 37397) and Order Granting Petition for Writ of Mandamus (No. 40134).'ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.' (No. 37397). We also Order the Petition Granted and Direct the Clerk of this court to Issue a Writ of Mandamus compelling the district court to vacate its order imposing sanctions on Theresa Dowling. (No. 40134). Leavitt, J. and Becker, J. Shearing, J., concurring in part and dissenting in part. SNP03-MS/ML/NB. Nos. 37397/40134. | | 03-09256
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| 06/17/2003 | Motion | Filed Motion to Extend Time. Bennett Elliott's Motion for Extension of Time to file Petition for Rehearing. Nos. 37397/40134. (03-10128) | | 03-10128
|
| 06/19/2003 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed June 17, 2003. Respondent and real party in interest Bennett Elliott shall have until July 7, 2003, to file and serve a petition for rehearing. Nos. 37397/40134. | | 03-10234
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| 07/02/2003 | Motion | Filed Motion to Extend Time. Bennett Elliott's Second and Limited Motion for an Additional 10 Days to File Petition for Rehearing. Nos. 37397/40134 | | 03-11124
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| 07/08/2003 | Order/Procedural | Filed Order Granting Motion. filed July 2, 2003. Bennett Elliott shall have until July 17, 2003, to file and serve a petition for rehearing. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 37397/40134. | | 03-11375
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| 07/21/2003 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Brenske & Christensen--check no. 2120. | | |
| 07/21/2003 | Motion | Filed Motion for Excess Pages. Bennett Elliott's Application for Leave to File Petition for Rehearing in Excess of Ten Pages. Nos. 37397/40134 | | 03-12302
|
| 07/23/2003 | Order/Procedural | Filed Order Granting Motion. filed July 21, 2003. The clerk of this court shall file the 16-page petition for rehearing and "Respondent's Submission of Items Mistakenly Not Attached to Respondent's Petition for Panel Rehearing," received on July 21, 2003. Nos. 37397/40134. (03-12464) | | 03-12464
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| 07/23/2003 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent's Petition for Panel Rehearing. Nos. 37397/40134. (03-12303) | | 03-12303
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| 07/23/2003 | Post-Judgment Petition | Filed Supplement to Petition for Rehearing. Respondent's Submission of Items Mistakenly Not Attached to Respondent's Petition for Panel Rehearing. Nos. 47397/40134. (03-12306) | | 03-12306
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| 08/19/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP03-MS/ML/NB. Nos. 37397/40134. | | 03-13847
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| 09/02/2003 | Motion | Filed Motion. Mr. Bennett Elliott's Motion to Transmit Exhibits. Nos. 37397/40134 (03-14728). | | 03-14728
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| 09/02/2003 | Motion | Filed Motion. Bennett Elliott's Application for Leave to File Petition for En Banc Reconsideration in Excess of Ten Pages. Nos. 37397/40134. | | 03-14730
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| 09/03/2003 | Motion | Filed Response to Motion. Opposition to Elliott's Motion to Transmit Exhibits. Nos. 37397/40134. | | 03-14788
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| 09/03/2003 | Motion | Filed Response to Motion. Opposition to Respondent Elliott's Application for Leave to File Petition for En Banc Reconsideration in Excess of 10 Pages. Nos. 37397/40134. | | 03-14789
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| 09/17/2003 | Order/Procedural | Filed Order. Respondent and real party in interest Bennett Elliott ('respondent') has moved this court to direct the district court clerk to transmit 'certain trial exhibits which are referred to in [respondent's] Petition for En Banc Reconsideration' so that these trial exhibits can 'be part of the appellate court record.' Respondent has also moved for leave to file a petition for en banc reconsideration in excess of 10 pages. Respondents' motions are accompanied by the proposed petition for en banc reconsideration. Appellant in Docket No. 37397 opposes the motions. The appendix filed with respondent's answering brief in the instant matter did not include the 8 trial exhibits which respondent now seeks to have transmitted to this court. Consequently, these exhibits were not considered by the panel prior to entry of the decision in these cases. Accordingly, we deny the motion. Further, as the trial exhibits are appended to and discussed in the petition for en banc reconsideration, we direct the clerk of this court to return the petition, unfiled. Respondent shall have 10 days from the date of this order to file an amended petition for en banc reconsideration. In filing the amended petition, counsel shall strictly comply with NRAP 40A. The remittitur shall issue 25 days from the date of this order. fn1[Respondent's motion for leave to file a petition in excess of 10 pages is denied as moot. Appellant's request to strike portions of the petition is denied as moot.] Nos. 37397/40134. (03-15538) | | 03-15538
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| 09/17/2003 | Notice/Outgoing | Issued Letter. to attorney Kathleen J. England. Returned unfiled, the original and eight copies of "Mr. Bennett Elliott's Petition for En Banc Reconsideration received on September 2, 2003." Nos. 37397/40134. | | |
| 10/01/2003 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Plaintiff/Respondent Mr. Bennett Elliott's Petition for En Banc Reconsideration. Nos. 37397/40134. | | 03-16328
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| 10/08/2003 | Other | Disqualification of Justice Gibbons. Nos. 37397/40134. | | |
| 10/14/2003 | Remittitur | Issued Remittitur. | | 03-13941
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| 10/14/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/27/2003 | Remittitur | Filed Remittitur. Received by County Clerk on October 16, 2003. | | 03-13941
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| 10/27/2003 | Order/Procedural | Filed Order. Directing Answer to Petition for En Banc Reconsideration. Respondent/real party in interest Bennett Elliott has petitioned this court for en banc reconsideration of the Order of Reversal and remand (No. 37397) and Order Granting Petition for Writ of Mandamus (No. 40134) entered by this court on June 3, 2003. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Appellant Anderson Dairy, Inc. and petitioner Theresa Dowling shall have 15 days from the date of this order to file and serve an answer to the petition. See NRAP 40. fn1[We recall the remittitur and stay its issuance pending our resolution of the petition for en banc reconsideration.] Nos. 37397/40134. (03-17876) | | 03-17876
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| 11/05/2003 | Motion | Filed Motion for Excess Pages. Motion to File 11-page Answer to Petition for En Banc Reconsideration. Nos. 37397/40134 (03-18489). | | 03-18489
|
| 11/05/2003 | Other | Other. Received Answer to Petition for En Banc Reconsideration. Nos. 37397/40134 (03-18490). | | 03-18490
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| 11/07/2003 | Order/Procedural | Filed Order Granting Motion. filed November 5, 2003. The clerk shall file the 11-page answer received on November 5, 2003. Nos. 37397/40134. (03-18639) | | 03-18639
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| 11/07/2003 | Post-Judgment Petition | Filed Answer to Petition for En Banc Reconsideration. Nos. 37397/40134. | | 03-18490
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| 11/18/2003 | Other | Returned Mail. Order filed 11/07/03 addressed to Theresa Dowling returned and remailed to same address. (post office error) Nos. 37397/40134. | | |
| 11/24/2003 | Notice/Incoming | Filed Notice of Change of Address. Attorney Theresa M. Dowling. Nos. 37397/40134 | | 03-19560
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| 03/26/2004 | Order/Dispositional | Filed Order Granting Petition. Granting in Part and Denying in Part Petition for En Banc Reconsideration. Having considered respondent Bennett Elliott's petition for en banc reconsideration and appellant Anderson Dairy, Inc.'s answer to the petition, we conclude that reconsideration should be granted solely as to the issue of punitive damages on retrial. 'We grant reconsideration in part and determine that Elliott is not prohibited from pursuing his punitive damages claim upon remand. We deny the petition for reconsideration on all other grounds.' fn3[This matter was submitted for decision by a seven justice court. The Honorable Myron E. Leavitt, Justice, having died in office on January 9, 2004, this matter was decided by a five-justice court. The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Nos. 37397/40134. | | 04-05754
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| 04/20/2004 | Remittitur | Issued Remittitur. | | 04-06596
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| 04/20/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 05/13/2004 | Remittitur | Filed Remittitur. Received by County Clerk on April 22, 2004. | | 04-06596
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