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United States Court Cases

Nevada Supreme/Appellate Court Record

MARCUERQUIAGA VS. STATE, WILDLIFE C/W 33658

Case Information: 35628
Short Caption:MARCUERQUIAGA VS. STATE, WILDLIFE C/W 33658Court:Supreme Court
Consolidated: 33658 *, 35628
Lower Court Case(s):Humboldt Co. - Sixth Judicial District - CV15011Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/17/2000 / Buchanan, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:08/01/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/11/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lyle & Murphy, LLP--check no. 5464.
02/11/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-02190
02/17/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/12/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 11, 2000. 00-05854
05/12/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: June 23, 2000. 00-07966
07/11/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: August 24, 2000. 00-11876
07/31/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: August 24-25, 2000. 00-15909
08/30/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 13, 2000. 00-15910
09/21/2000Order/ProceduralFiled Order. On September 6, 2000, respondent in Docket No. 33658 moved to postpone the oral argument scheduled in that appeal for October 9, 2000, before the Northern Nevada Panel. The motion is accompanied by the parties' stipulation to postpone argument. In support of the motion, respondent notes that the appeal in Docket No. 35628, a "closely related matter," is currently assigned to this court's settlement conference program. Respondent further represents that "considerable progress toward settlement of all issues has been made" and that a settlement will also resolve the issues in Docket No. 33658. We grant respondent's motion and approve the parties' stipulation. We hereby vacate the oral argument presently scheduled in Docket No. 33658 for October 9, 2000, and direct the clerk of this court to reschedule that appeal for oral argument before the Northern Nevada Panel in December 2000. Argument shall be limited to thirty minutes. In the event the appeal in Docket No. 33658 is rendered moot by settlement in Docket No. 35628, the parties shall so immediately inform this court in writing. Nos. 33658 and 35628. (These cases are not consolidated.) Document No. 00-16715.
11/13/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued in Case No. 35628 to the following date: November 17, 2000. (Nos. 33658 and 35628).
11/22/2000MotionFiled Motion. Motion to Postpone Oral Argument (Second Request). Nos. 33658, 35628. 00-20550
12/18/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued in Case No. 35628 to the following date: March 9, 2001. (Nos. 33658 and 35628).
12/18/2000Letter/IncomingReceived Letter. William F. Buchanan requesting that the oral argument in Case No. 33658 be set aside for at least the initial (3) three months requested in the Report. (Nos. 33658 and 35628).
01/04/2001Order/ProceduralFiled Order Vacating Argument and Setting for Submission. Vacating Oral Argument in Docket No. 33658. On December 18, 2000, this court received a letter from the settlement judge requesting that the oral argument in Docket No. 33658 again be postponed as it appears that the parties may be able to settle all issues. We vacate the oral argument in Docket No. 33658 scheduled for January 17, 2001, at 9:00 a.m. in Carson City. If the appeal in Docket No. 33658 is rendered moot by settlement in Docket No. 35628, the parties shall immediately inform this court, in writing, of such fact. Further, if the parties are unable to reach a settlement or if any settlement reached does not render the appeal in Docket No. 33658 moot, the parties shall immediately inform this court, in writing, so that the clerk of this court may reschedule oral argument in Docket No. 33658. Nos. 33658, 35628 (cases are not consolidated.) 01-00212
04/19/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 1, 2001. 01-06717
07/05/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 1, 2001. (Nos. 33658 and 35628) 01-11308
12/11/2001Letter/IncomingReceived Letter. William F. Buchanan. Continued-extension requested to 1/1/02. Nos. 33658/35628. (01-20786)
01/10/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-00726
01/10/2002Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statements mailed to counsel for appellants.) Due Date: 15 days
01/16/2002Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. 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). 02-01069
01/28/2002Docketing StatementFiled Docketing Statement. (Appellant Marcuerquiaga). 02-01882
04/12/2002Order/ProceduralFiled Order/Consolidation. The appeal in Docket No. 33658 was argued before the Northern Nevada Panel of this court on April 9, 2002. The appeal in Docket No. 35628 is presently in the process of being briefed. Having further reviewed the record in these appeals, we consolidate the appeals in Docket Nos. 33658 and 35628 for disposition. The briefing schedule established by order of this court on January 16, 2002, in Docket No. 35628 shall not be extended absent a showing of extreme and unforeseeable circumstances. Upon the completion of briefing in Docket No. 35628, these consolidated appeals will be submitted for decision to the Northern Nevada Panel. Nos. 33658/35628. (02-06602)
04/25/2002Order/ProceduralFiled Order. To date,appellant Elias has failed to file the docketing statement in docket no. 35628. Elias shall file and serve the docketing statement within 10 days from the date of this order. To date, Appellants in no. 35628 have failed to file either transcript request forms or certificates that no transcripts are being requested. Appellants in no. 35628 shall file either within 10 days of the date of this order. Nos. 33658/35628 (02-07298)
05/06/2002MotionFiled Motion to Dismiss Appeal. Notice of Withdrawal of Appeal from appellant Manuel Elias. Nos. 33658/35628 (02-07884)
05/07/2002Transcript RequestFiled Certificate of No Transcript Request. Nos. 33658/35628. 02-07968
05/16/2002BriefFiled Opening Brief. Mailed on: Hand delivered 05/16/02. Filed in 35628 only. Nos. 33658/35628. 02-08671
05/16/2002AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. Filed in 35628 only. Nos. 33658/35628 (02-08671). 02-08672
05/16/2002MotionFiled Response to Motion. Response to "Notice of Withdrawal of Appeal." Nos. 33658/35628 (02-08697).
06/18/2002BriefFiled Answering Brief. Mailed on: Hand delivered 06/18/02. Filed in 35628 only. Nos. 33658/35628. 02-10525
07/22/2002BriefFiled Reply Brief. Appellants' (Julian and Edith Marcuerquiaga) Reply Brief in No. 35628. Mailed on: Hand delivered 07/22/02. Nos. 33658/35628. 02-12534
08/01/2002Order/ProceduralFiled Order Granting Motion. Granting Motion and Partially Dismissing Appeal. These appeals were consolidated by order of this court on April 12, 2002. On May 6, 2002, appellant Manuel Elias filed a "Notice of Withdrawal of Appeal" in Docket No. 35628. We elect to treat the notice as a motion to withdraw appeal pursuant to NRAP 42(b). On May 16, 2002, appellants Julian Marcuerquiaga, Edith Marcuerquiaga, Trustees of the Julian W. Marcuerquiaga, and Edith M. Marcuerquiaga 1980 Living filed a response to Elias' motion. They "do not join with Elias in, or consent to, any withdrawal or dismissal of the appeal." We grant Elias' motion and dismiss his appeal in Docket No. 35628. The clerk of this court shall removed Manuel Elias as an appellant in Docket No. 35628. Appellants having filed a reply brief in Docket No. 35628 on July 22, 2002, the briefing of these consolidated appeals is now completed. Nos. 33658/35628. (02-13181)
08/01/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP02-MS/RR/NB. Nos. 33658/35628.
09/11/2002Order/DispositionalFiled Order of Affirmance. These are consolidated appeals. "ORDER the judgments of the district court AFFIRMED." NNP02-MS/RR/NB. Nos. 33658/35628. 02-15708
10/08/2002RemittiturIssued Remittitur. 02-16013
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/14/2002RemittiturFiled Remittitur. Received by County Clerk on October 9, 2002. 02-16013