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United States Court Cases

Nevada Supreme/Appellate Court Record

COMSTOCK BANK VS. GRABER C/W 33148

Case Information: 32194
Short Caption:COMSTOCK BANK VS. GRABER C/W 33148Court:Supreme Court
Consolidated:32194*, 33148 Related Case(s): 33148 , 38755
Lower Court Case(s):Carson City - First Judicial District - 9101899AClassification:Civil Appeal - General - Other
Disqualifications:Agosti, Leavitt, MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Senior Justice Shearing for Justice LeavittPanel Assigned: Panel
To SP/Judge:04/30/1998 / Gruesen, ThomasSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/16/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/20/1998Filing FeeReceived Filing Fee Paid on Filing. $200. (Dyer, Lawrence & Cooney--check no. 5257).
04/20/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
04/28/1998Transcript RequestFiled Request for Transcript of Proceedings. Certificate re: Request for Reporter's Transcript.
04/30/1998Notice/OutgoingIssued Notice. Notice of Settlement Conference. Settlement Judge: Thomas W. Gruesen, Sr. (Briefing and preparation of transcripts suspended pending further order of this court.)
05/05/1998Docketing StatementFiled Docketing Statement.
07/06/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Settlement Conference Report. The conference is continued to the week of August 10, 1998.
08/03/1998MotionFiled Motion. Motion to Suspend Briefing Schedule Pending Entry of Judgment.
08/13/1998MotionFiled Response to Motion. Response to Appellant's Motion to Suspend Briefing Schedule Pending Entry of Judgment.
08/18/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Settlement Conference Report. The parties were unable to agree to a settlement of this matter.
09/29/1998Letter/IncomingReceived Letter. Letter from attorney James W. Penrose regarding briefing in this matter and a copy of the order filed in the district court on 9/25/98.
11/02/1998Other Other. Filed Association of Attorneys. Michael W. Dyer and James W. Penrose attorneys for appellant, hereby associate Rex A. Jemison and Daniel F. Polsenberg as attorneys for appellant.
11/02/1998MotionFiled Motion. Motion to Consolidate Appeals (nos. 32194 & 33148).
12/09/1998Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Settlement Conference Report. The conference is scheduled for January 4, 1999. THIS SETTLEMENT CONFERENCE REPORT WAS INADVERTENTLY FILED IN NO. 32194. PURSUANT TO THE TELEPHONE CONVERSATION OF SETTLEMENT JUDGE THOMAS GRUESEN AND WES MASHBURN, THIS REPORT WAS TRANSFERRED TO THE CORRECT NO. 33184.
01/29/1999Order/ProceduralFiled Case Processing Order. On August 3, 1998, appellant filed a motion to suspend the briefing schedule. On September 29, 1998, appellant submitted a letter indicating that its motion was moot. We deny this motion. On November 2, 1998, appellant filed a motion to consolidate these appeals. Respondent has not opposed this motion. We grant the motion to consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement of these appeals. Appellant has complied with NRAP 9(a) with respect to Docket No. 32194. Appellant has not complied with NRAP 9(a) with respect to Docket No. 33148. Appellant shall have 15 days from this order to comply with the provisions of NRAP 9(a) in Docket No. 33148. Appellant shall have 120 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). Nos. 32194, 33148.
02/03/1999Transcript RequestFiled Certificate of No Transcript Request. Certificate re: Request for Reporter's Transcript. (No transcripts requested.) Nos. 32194, 33148.
05/27/1999MotionFiled Stipulation and Order. Appellant shall have to and including June 28, 1999, to file the Opening Brief (nos. 32194 & 33148).
06/28/1999MotionFiled Motion to Extend Time. Motion for Order Extending Time to File Appellant's Opening Brief. Nos. 32194 and 33148.
07/06/1999Order/Clerk'sFiled Clerk's Order. The motion filed June 28, 1999, is granted. The appellant's opening brief and appendix shall be served and filed on or before July 28, 1999. (nos. 32194 & 33148).
08/02/1999MotionFiled Motion and Order Extending Time. Appellant may file the opening brief in excess of 30 pages to wit: 34 pages. (Nos. 32194 and 33148).
08/02/1999BriefFiled Brief. Appellant's Opening Brief. (Mailed on: 7/28/99). (Nos. 32194 and 33148).
08/02/1999AppendixFiled Appendix. Appellant's Appendix, Volumes 1 through 4. (Nos. 32194 and 33148).
08/20/1999MotionFiled Stipulation and Order. Respondent shall have to and including September 29, 1999, to file the answering brief (nos. 32194 & 33148).
09/22/1999MotionFiled Motion to Extend Time. Motion for Order Extending Time to File Respondent's Answering Brief. (Nos. 32194, 33148)
09/24/1999Order/Clerk'sFiled Clerk's Order. Granting Motion. The motion filed September 22, 1999, is granted. Respondent's answering brief shall be served and filed on or before October 29, 1999 (nos. 32194 & 33148).
10/28/1999MotionFiled Motion to Extend Time. Second Motion for Order Extending Time to File Respondent's Answering Brief. Nos. 32194, 33148.
11/03/1999Order/Clerk'sFiled Clerk's Order. Granting Motion for Extension of Time. Respondent's answering brief shall be served and filed on or before November 12, 1999. Nos. 32194, 33148.
11/12/1999BriefFiled Brief. Respondent's Answering Brief. (Mailed on: Hand delivered 11/12/99, Reno-Carson.) Nos. 32194 and 33148.
12/17/1999MotionFiled Stipulation and Order. Appellant may have to and including January 12, 2000, within which to file the reply brief. Nos. 32194 & 33148.
01/14/2000MotionFiled Motion to Extend Time. Motion for Order Extending Time to file Appellant's Reply Brief. (nos. 32194 and 33148).
01/18/2000Order/Clerk'sFiled Clerk's Order. The motion filed January 14, 2000, is granted. The reply brief shall be served and filed on or before February 11, 2000. Nos. 32194, 33148.
02/14/2000MotionFiled Motion to Extend Time. Motion for Order Extending Time to File Appellant's Reply Brief. Nos. 32194, 33148.
02/18/2000Order/ProceduralFiled Case Processing Order. Granting Motion. We grant appellant's motion to and including March 13, 2000, to file and serve the reply brief. No further extensions of time will be permitted absent extreme and unforeseeable circumstances. Nos. 32194, 33148.
03/16/2000MotionFiled Motion to Extend Time. (nos. 32194/33148). 00-04189
03/16/2000MotionFiled Motion to Extend Time. (nos. 32194/333148). 00-04190
03/20/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including March 20, 2000, to file and serve the reply brief. Nos. 32194, 33148. 00-04348
03/20/2000BriefFiled Reply Brief. Mailed on: 3/17/00. (Nos. 32194 & 33148.) 00-04392
08/31/2000OtherDisqualification of Justice Leavitt. Law firm of Hale, Lane, Peek, Dennison, Howard & Anderson.
12/13/2000Notice/IncomingFiled Substitution of Attorneys. Raymond B. Graber hereby substitutes James M. Walsh as his attorney in this action in place and stead of Robert C. Vohl of the law firm of Hale, Lane, Peek, Dennison, Howard and Anderson (nos. 32194/33148). 00-21816
03/16/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 32194/33148. (01-04779) 01-04779
03/16/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-WM/CY/NB. Nos. 32194/33148.
06/08/2001OtherDisqualification of Justice Maupin. (Law firm of Dyer, Lawrence, Cooney & Penrose). Nos. 32194/334148.
06/08/2001Other Other. Resubmit to panel as of 6/8/01. SNP01A-CY/MS/NB. Nos. 32194/33148.
07/31/2001Order/DispositionalFiled Dispositional Order/Appeal. These are consolidated appeals from a district court order. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." Nos. 32194/33148. 01-12913
08/28/2001RemittiturIssued Remittitur. 01-13032
08/28/2001Case Status Update Remittitur Issued/Case Closed.
09/04/2001RemittiturFiled Remittitur. Received by County Clerk on August 29, 2001. 01-13032