| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/13/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Alverson Taylor Mortensen Nelson & Sanders--check no. 28942. | | |
| 03/13/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. | | 01-04478
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| 03/26/2001 | Transcript | Filed Transcript. Proceedings: September 20, 21 & 22, 2000. Court Reporter: Janie L. Olsen. | | 01-05257
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| 03/27/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Brice Buehler. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
| 08/23/2001 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 01-14327
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| 08/23/2001 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days | | |
| 08/31/2001 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: January 10, 2001. To Court Reporter: Maureen Schorn (TRF does not contain name of district court judge). | | 01-14791
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| 09/04/2001 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Court Reporter Maureen Schorn shall have 30 days from the date of this order to prepare and file the transcript requested by appellants pursuant to the transcript request filed August 31, 2001. In the event the transcript requested by appellants was previously prepared and filed in the district court prior to the docketing of this appeal, the court reporter need not comply with NRAP 9(b). Rather, the court reporter shall inform this court in writing that the transcript requested by appellants was previously prepared and filed in the disstrict court. Appellant: 100 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). | | 01-14877
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| 09/10/2001 | Docketing Statement | Filed Docketing Statement. | | 01-15241
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| 10/29/2001 | Motion | Filed Motion to Consolidate. Appellant's Motion to Consolidate. Nos. 37561 and 37987. | | 01-18032
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| 11/19/2001 | Order/Procedural | Filed Order. To date, Ms. Schorn has failed to file the transcript requested of her. Accordingly, Ms. Schorn shall have 20 days from the date of this order to prepare and file the transcript of proceedings conducted on January 10, 2001. If more time is needed to complete the preparation of the transcript, Ms. Schorn shall, within the same time period, file a motion with this court requesting an extension of time stating the reason for the extension. If the requested transcript cannot be produced, Ms. Schorn shall notify this court, in writing, of this fact. | | 01-19330
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| 11/29/2001 | Transcript | Filed Transcript. Proceedings: January 10, 2001. Court Reporter: Maureen Schorn. | | 01-19979
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| 12/17/2001 | Brief | Filed Opening Brief. Mailed on: No postmark.
STRICKEN BY ORDER 06/28/02 | | 01-21191
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| 12/17/2001 | Appendix | Filed Appendix to Opening Brief. STRICKEN AND RETURNED BY ORDER 06/28/02 | | 01-21192
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| 01/11/2002 | Motion | Filed Stipulation and Order. Brief due: February 14, 2002. | | 02-00811
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| 02/14/2002 | Brief | Filed Answering Brief. Mailed on: Fed Ex 02/13/02. Signed by: Judd J. Balmer and Fred W. Kennedy.
STRICKEN BY ORDER 06/28/02 | | 02-02924
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| 02/14/2002 | Appendix | Filed Appendix to Answering Brief. STRICKEN AND RETURNED BY ORDER 06/28/02 | | 02-02925
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| 03/20/2002 | Brief | Filed Reply Brief. Mailed on: UPS 03/19/02. Signed by: Philip C. Van Alstyne.
STRICKEN BY ORDER 06/28/02 | | 02-04970
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| 04/25/2002 | Order/Procedural | Filed Order/Show Cause. Docket No. 37561 is an appeal from a February 7, 2001 order grant respondents' NRCP 59 motion for a new trial. Docket No. 37987 is an appeal from an April 10, 2001 order deny appellants' motion for relief of a judgment or order granting a new trial. Appellants shall have 15 days from the date of this order to show cause why the appeal in Docket No. 37987 should not be dismissed for lack of jurisdiction. Appellants shall have 15 days from the date of this order to show cause why the briefs and appendices in Docket No. 37561 should not be ordered stricken, with an abbreviated period of time imposed to file new briefs and appendices. fn7[Respondents shall have 10 days from the date upon which appellants serve their response to this order to file and serve any reply. We defer ruling on appellants' motion to consolidate these appeals.] Nos. 37561/37987-cases are not consolidated. (02-07293) | | 02-07293
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| 05/13/2002 | Motion | Filed Response to Order to Show Cause. Appellant's Response to Order to Show Cause. Nos. 37561/37987 - not consolidated. | | 02-08769
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| 05/22/2002 | Motion | Filed Response to Order to Show Cause. Respondent's Reply to Appellants' Response to Order to Show Cause. | | 02-09013
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| 06/28/2002 | Order/Procedural | Filed Order. Order Striking Briefs and appendices. We have concluded that we lack jurisdiction in docket No. 37987 and have dismissed that appeal. The parties' briefs in Docket No. 37561 improperly discuss issues raised in Docket No. 37987; accordingly, we conclude that appellants' opening brief, respondents' answering brief and appellants' reply brief shall be stricken by the clerk of this court. We direct the clerk of this court to strike both appellants' appendix filed December 17, 2001, and respondents' appendix filed February 14, 2002, and return them to appellants' and respondents' counsel, respectively. Appellants shall have 20 days from the date of this order to file an amended opening brief and amended appendix. Failure to fully comply with this order in a timely manner may result in the imposition of sanctions. Respondents shall have 20 days from service of the amended opening brief to file and serve their amended answering brief and respondents' amended appendix. Appellants may file any amended reply brief within 15 days of service of the amended answering brief. fn4[We deny respondents' request, contained in their reply to our April 25, 2002 order to show cause, that the April 2, 2001 minute order be allowed to remain a part of the record on appeal in Docket No. 37561. Respondents may advance in their amended answering brief any argument in support of the February 7, 2001 order, even if the district court rejected or did not explicitly consider the argument. In apparent contradiction of the assertions contained in respondents' answering brief and in respondents' reply to appellants' response to the order to show cause, Court Reporter Maureen Schorn filed a copy of the hearing transcript with this court on November 29, 2001.] fn5[We deny as moot appellants' motion to consolidate Docket Nos. 37561 and 37987.] | | 02-11142
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| 06/28/2002 | Notice/Outgoing | Issued Letter. to attorney Philip C. Van Alystyne. Returned striken Appellant's Appendix filed December 17, 2001. | | |
| 06/28/2002 | Notice/Outgoing | Issued Letter. to attorney Judd J. Balmer. Returned stricken Respondents' Appendix filed February 14, 2002. | | |
| 07/22/2002 | Brief | Filed Amended Brief. Appellants' Amended Opening Brief. | | 02-12563
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| 07/22/2002 | Appendix | Filed Appendix. Appellants' Amended Appendix. | | 02-12565
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| 08/09/2002 | Brief | Filed Amended Brief. Respondent's Amended Answering Brief. | | 02-13632
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| 08/09/2002 | Appendix | Filed Appendix. Respondent's Amended Appendix. | | 02-13634
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| 08/26/2002 | Brief | Filed Amended Brief. Appellants' Reply to Respondent's Amended Answering Brief. | | 02-14670
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| 08/26/2002 | Appendix | Filed Appendix. Appellants' Reply Amended Appendix. | | 02-14671
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| 12/10/2002 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 10, 2003, at 9:00 a.m. (En Banc) | | |
| 01/27/2003 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 02/10/2003 | Case Status Update | Submitted for Decision. Before the En Banc Court. EN BANC | | |
| 03/24/2003 | Notice/Incoming | Filed Substitution of Attorneys. Philip C. Van Alstyne of Bolick & Boyer in place and stead of Alverson, Taylor, Mortensen, Nelson & Saunders. | | 03-04977
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| 05/21/2003 | Order/Dispositional | Filed 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." EN BANC-Agosti, C.J., Shearing, J., Becker, J., Maupin, J. and Gibbons, J. Leavitt, J., with whom Rose, J., agrees, dissenting. | | 03-08586
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| 06/06/2003 | Filing Fee | Received Filing Fee Paid on Filing. $100 from Fred W. Kennedy - check no. 7975. | | |
| 06/06/2003 | Post-Judgment Petition | Filed Petition for Rehearing. Mailed on: Fed Ex - June 5, 2003. | | 03-09475
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| 07/15/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). EN BANC. | | 03-11891
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| 08/12/2003 | Remittitur | Issued Remittitur. | | 03-11978
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| 08/12/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/21/2003 | Remittitur | Filed Remittitur. Received by County Clerk on August 14, 2003. | | 03-11978
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