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United States Court Cases

Nevada Supreme/Appellate Court Record

LINDE VS. FUJII

Case Information: 35778
Short Caption:LINDE VS. FUJIICourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9800927Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/21/2000 / Yott, LaurieSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/01/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/15/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Thomas A. Vallas, Esq.--check no. 3121.
03/15/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-04123
03/20/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Laurie A. Yott. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/26/2000Letter/IncomingFiled Letter. from James Puzey to Laurie Yott (this case was not settled). 00-10941
06/27/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-10955
06/27/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
07/10/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. 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). 00-11683
07/12/2000Docketing StatementFiled Docketing Statement. 00-12023
07/27/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 19-21, 2000. To Court Reporter: Debbie P. Vierra. 00-13075
09/06/2000TranscriptFiled Transcript. Proceedings: 01/14/00 (Motions in Limine); 01/19/00 (In Chambers Motions); 01/20/00 (Testimony of Michael Krieger); 01/20/00 (Closed Courtroom Proceedings); 01/21/00 (Dr. Bruce Mullen); 01/21/00 (Jury Instructions & Objections); 01/21/00 (Motion for Directed Verdict); 01/19, 20, 20, 21 2000 (Full Testimony of Mary M. Linde). Court Reporter: Debbie Vieira. 00-15682
11/07/2000MotionFiled Motion and Order Extending Time. Brief due: December 7, 2000. 00-19606
12/08/2000BriefFiled Opening Brief. Mailed on: 12/07/00. 00-21504
12/08/2000AppendixFiled Appendix to Opening Brief. 00-21505
01/05/2001MotionFiled Motion and Order Extending Time. Brief due: February 7, 2001. 01-00274
01/16/2001BriefFiled Answering Brief. Mailed on: Hand delivered 01/16/01. 01-00986
01/16/2001AppendixFiled Appendix to Answering Brief. 01-00987
02/21/2001BriefFiled Reply Brief. Mailed on: 02/20/01. 01-03264
05/01/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, 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. 01-07273
05/01/2001Case Status Update Submitted for Decision. NNP01A-MS/DA/RR.
09/07/2001Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. Because our reversal renders any recovery of fees and costs premature, we also reverse the district court's order granting Fujii costs and attorney fees." Shearing, J. and Rose, J. Agosti, J., dissenting. NNP01A-MS/DA/RR 01-15128
09/24/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Allison MacKenzie Hartman Soumbeniotis & Russell--check no. 20677.
09/24/2001Post-Judgment PetitionFiled Petition for Rehearing. Personal delivery. 01-16062
03/29/2002Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Rehearing and Amending Prior Order. This is respondent's petition for rehearing of this court's September 7, 2001 order reversing and remanding. 'We deny rehearing.' fn3[Respondent also requests that we clarify the reversal of attorney fees and costs with respect to Zachary Linde, asserting that Zachary 'did not file an appeal pursuant to his own personal case.' Respondent is incorrect, given that the notice of appeal identifies Zachary as one of the parties taking an appeal. Thus, the entire award of fees and costs is reversed.] However, our review of the September 7, 2001 order reveals two errors that we take this opportunity to correct. On the first page, we misstate that this appeal is from a judgment in favor of respondent; the judgment was in appellants' favor. For this reason, on page four of the order, we misstate that the award of attorney fees and costs should be reversed because our disposition negates respondent's success on the merits. To correct these errors, we hereby vacate the first paragraph on page one of our September 7, 2001 order, and insert the following paragraph in its place: (see order). We also vacate the last two sentences on page four of our September 7, 2001 order and insert the following two sentences in their place: (see order). NNP01A-MS/DA/RR 02-05597
04/16/2002RemittiturIssued Remittitur. 02-05718
04/16/2002Case Status Update Remittitur Issued/Case Closed.
04/23/2002RemittiturFiled Remittitur. Received by County Clerk on April 19, 2002. 02-05718