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United States Court Cases

Nevada Supreme/Appellate Court Record

ANDERSON VS. THATCHER CHEMICAL CO.

Case Information: 31566
Short Caption:ANDERSON VS. THATCHER CHEMICAL CO.Court:Supreme Court
Lower Court Case(s):Elko Co. - Fourth Judicial District - 26856Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/29/1997 / Puccinelli, AndrewSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/12/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/19/1997Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Thomas L. Stringfield - check no. 3027. Additional filing fee of $100 due.
12/19/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant.)
12/24/1997Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Additional $100 Filing Fee. Due Date: 10 days
12/29/1997Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Andrew Puccinelli. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/31/1997Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Peter Chase Neumann - check No. 4250.
01/15/1998Other Returned Unfiled Document. (Original and two copies - handwritten and late.)
01/22/1998MotionFiled Motion to Extend Time.
01/22/1998Docketing StatementReceived Docketing Statement.
01/22/1998Docketing StatementReceived Response to Docketing Statement.
01/29/1998Order/Clerk'sFiled Clerk's Order Granting Motion. Motion filed January 22, 1998. The docketing statement provisionally submitted on January 22, 1998, shall be filed, forthwith. The clerk shall also file the response to docketing statement received on January 22, 1998.
01/29/1998Docketing StatementFiled Docketing Statement.
01/29/1998Docketing StatementFiled Response to Docketing Statement. Southern Pacific Transportation Company's Response to Appellant's Docketing Statement Civil Appeals.
01/30/1998Docketing StatementFiled Response to Docketing Statement. Thatcher Chemical Company's Response to Appellant's Docketing Statement and Respondent Southern Pacific Transportation Company's Response.
01/30/1998Other Other. Filed Thatcher Chemical Company's Opposition to Appellant's Motion for Extension of time and Motion to Dismiss appeal pursuant to NRAP 14(c).
02/04/1998Notice/IncomingFiled Joinder. in Thatcher Chemical Company's Opposition to Appellant's Motion for Extension of Time and Motion to Dismiss Appeal Pursuanat to NRAP 14(c).
02/04/1998Other Other. Filed Thatcher Chemical Company's Request for Relief from Order.
02/09/1998Other Other. Filed Opposition to Motion to Dismiss Appeal.
02/12/1998Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
02/13/1998Order/ProceduralFiled Case Processing Order. We deny Respondent Thatcher's motions for reconsideration and for dismissal of this appeal. We caution Appellant's counsel that in the future we expect full compliance with our Rules of Appellate Procedure. Anything less may result in the imposition of sanctions. fn1[We deny Thatcher's February 4, 1998, motions. We also deny Thatcher's request that this court consider and file its response to Appellant's docketing statement and co-respondent's reply thereto as moot. Thatcher's response was previously received and filed on January 30, 1998.]
03/10/1998Order/ProceduralFiled Case Processing Order. The parties were unable to agree to a settlement of this appeal. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a) and shall have 120 days from the date of this order to file and serve the Opening Brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
03/12/1998Transcript RequestFiled Certificate of No Transcript Request.
06/29/1998BriefFiled Brief. Appellant's Opening Brief. (Mailed on: Reno/Carson Msgr. 6/29/98.)
06/29/1998AppendixFiled Appendix. Appellant's Appendix, Vols. 1 and 2.
06/29/1998MotionFiled Motion. Motion for Leave.
06/29/1998BriefReceived Brief. Amicus Curiae Brief of the Nevada Trial Lawyers Association.
07/28/1998MotionFiled Motion and Order Extending Time. Respondent may have to and including August 7, 1998, within which to file the answering brief.
07/29/1998Other Other. Filed Opposition to Extension of Time.
07/31/1998BriefFiled Brief. Respondent's Answering Brief. (Mailed on: 7/29/98.)
07/31/1998AppendixFiled Appendix. Respondent's Appendix.
07/31/1998Other Other. Filed Respondent Thatcher Company's objection to the Nevada Trial Lawyer Association's Motion for Leave to file an Amicus Curiae Brief.
08/07/1998BriefFiled Brief. Respondent Southern Pacific Railroad's Answering Brief. (Mailed on: hand-delivered 8/7/98.)
08/10/1998Other Other. Filed Certificate of Compliance pursuant to Rule 28A of the Nevada Rules of Appellate Procedure.
08/20/1998BriefFiled Brief. Appellant's Reply Brief. (Mailed on: Reno/Carson Msgr. 8/20/98.)
09/09/1998Order/ProceduralFiled Case Processing Order. On June 29, 1998, attorney Thomas E. Drendel filed a motion seeking leave to file an Amicus Curiae Brief on behalf of the Nevada Trial Lawyers Association which supports the position of Appellant. On July 31, 1998, Respondent Thatcher Chemical Company filed an untimely opposition. We grant the motion and Respondent's alternative request. The clerk shall file the Amicus Curiae Brief provisionally submitted with the motion. Respondents shall have 30 days from the date of this order to file and serve an answer to the Amicus Curiae Brief. On July 28, 1998, Respondent Southern Pacific Railroad filed, and this court granted, a motion for an extension of time to file the Answering Brief. On July 29, 1998, Appellant filed an opposition to the motion. We elect to treat Appellant's opposition as a motion for reconsideration. We deny the motion for reconsideration.
09/09/1998BriefFiled Brief. Amicus Curiae Brief of the Nevada Trial Lawyers Association. (Mailed on: Reno/Carson Msgr. 6/29/98.)
11/03/1998Order/ProceduralFiled Case Processing Order. We deny Appellant's motion for sanctions pursuant to NRAP 38. However, we note that the last few filings in this matter suggest that the prosecution of this appeal by both sides may be degenerating into a personal conflict between counsel. "[W]e expect that all appeals brought in this court will be pursued in a manner meeting high standards of diligence, professionalism, and competence." We caution all counsel that anything less may result in the imposition of sanctions.
11/13/1998Notice/IncomingFiled Notice. Change of Address/Law Firm. Mark G. Simmons has changed law firms and address.
11/17/1998Notice/IncomingFiled Notice. Amended Notice of Change of Address/Law Firm Change.
02/04/1999Other Other. Filed Respondent Southern Pacific Railroad's Rule 31(d) Supplemental Authorities.
04/12/1999Order/ProceduralFiled Case Processing Order. Oral Argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein.
04/12/1999Other Other. Case submitted on the record and briefs this day.
04/12/1999Case Status Update Submitted for Decision.
09/16/1999Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." fn1[We do not reach the issue of whether the complaint was properly dismissed under NRAP 41(e), because dismissal of the complaint under NRCP 16.1 was within the district court's discretion]. NNP99B-CY/DA/ML
09/24/1999Other Other. Filed Respondent Southern Pacific Railroad's verified bill of costs.
09/30/1999Filing FeeReceived Filing Fee Paid on Filing. $100 from Peter Chase Neumann - Check no. 5215.
09/30/1999Post-Judgment PetitionFiled Petition for Rehearing.
11/19/1999Post-Judgment OrderFiled Order/Rehearing Denied. Young, J., Agosti, J., and Leavitt, J. dissenting. NNP99B - CY/DA/ML
11/19/1999Notice/IncomingFiled Notice. Change of Address. Counsel for Plaintiff has changed.
11/29/1999Post-Judgment PetitionFiled Petition for En Banc Reconsideration.
12/07/1999RemittiturIssued Remittitur.
12/10/1999RemittiturIssued Memorandum of Costs. To: Woodburn & Wedge. Costs allowed and taxed: $250.00. (Issued with letter.)
12/14/1999RemittiturFiled Remittitur. Received by County Clerk on December 9, 1999. REMITTITUR RECALLED 5/31/00.
02/09/2000Order/ProceduralFiled Case Processing Order. Requesting Answer. This is a petition requesting En Banc reconsideration. We have determined that an answer is warranted. The answer will be due on or before February 18, 2000.
02/18/2000Other Other. Filed answer to Petition for En Banc Reconsideration. (Southern Pacific Transportation)
02/18/2000Other Other. Filed answer to Petition for En Banc Reconsideration. (Thatcher Co.)
05/31/2000Order/ProceduralFiled Order. Recalling Remittitur. On September 16, 1999, the Northern Nevada Panel entered an order denying this appeal. Thereafter, on November 19, 1999, the Northern Nevada Panel denied, pursuant to NRAP 40, a petition for rehearing. On November 29, 1999, appellant filed a petition for En Banc reconsideration. On December 7, 1999, Remittitur issued. We recall the Remittitur issued on December 7, 1999.
08/17/2000Order/DispositionalFiled Dispositional Order/Appeal. Order Granting Reconsideration En Banc, Vacating Prior Order and Reversing and Remanding.We grant the petition and vacate the prior panel order dismissing this appeal, filed on September 16, 1999. We issue this order in place of the panel's prior order. " . . . we reverse the judgment of the district court, and remand for further proceedings consistent with this order." En Banc. 00-14396
09/12/2000RemittiturIssued Remittitur. 00-14439
09/12/2000Case Status Update Remittitur Issued/Case Closed.
09/20/2000RemittiturFiled Remittitur. Received by County Clerk on September 14, 2000. 00-14439
02/05/2001Letter/IncomingFiled Letter. from attorney Peter C. Neumann regarding Request for Publication of Decision & Opinion. 01-02342
12/19/2001Notice/OutgoingIssued Letter. to Peter Chase Neumann regarding letter dated February 2, 2001.