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United States Court Cases

Nevada Supreme/Appellate Court Record

BRYANT VS. KEYSTONE SQUARE

Case Information: 29591
Short Caption:BRYANT VS. KEYSTONE SQUARECourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9606048Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/25/1996Filing FeeReceived Filing Fee Paid on Filing. $100.00 from John C. Hope, Jr., Check No. 1388.
11/25/1996Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
12/05/1996Docketing StatementFiled Docketing Statement.
12/17/1996MotionFiled Motion. Motion to Change Caption.
12/17/1996MotionFiled Motion. Respondent's Motion to Dismiss Appeal.
12/30/1996MotionFiled Motion. Amended Motion to Change Caption.
12/30/1996MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal.
01/16/1997Notice/IncomingReceived Notice. Designation of Record on Appeal.
01/17/1997MotionFiled Motion. Request to File a Reply to Opposition to Motion to Dismiss.
03/27/1997MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appellant's Appeal.
03/31/1997Other Other. Filed Affidavit of Service of the Motion to Dismiss Appeal.
04/14/1997MotionFiled Response to Motion. Response to Motion to Dismiss.
05/19/1997Order/ProceduralFiled Case Processing Order. We deny respondent's motion to dismiss this appeal. On appeal appellants may only raise issues concerning whether the district court erred in denying their NRCP 60(b) motion. We also deny respondent's second motion to dismiss this appeal, which was filed on March 26, 1997, and based on appellants' failure to file an opening brief. Appellants shall have 30 days from the date of this order to file an opening brief or otherwise inform this court of their intentions with respect to this appeal. Fn3[We grant respondent's amended motion to change the caption on this court's docket. The clerk shall amend the caption on this court''s docket so that it is consistent with the caption on this order. Appellants are cautioned that their failure to follow this court's procedural rules could result in sanctions or the dismissal of this appeal.]
06/18/1997MotionFiled Motion. Motion to Withdraw as Attorney of Record.
07/18/1997MotionFiled Motion to Dismiss Appeal. Respondent's Motion to Dismiss.
08/22/1997Other Other. Filed Request for Submission of Motion.
09/09/1997Order/ProceduralFiled Case Processing Order. On June 18, 1997, appellants' counsel filed a motion to withdraw as appellants' attorney of record and notes that appellant Jeffrey Kos has filed for relief under the United States Bankruptcy code. We hereby stay further proceedings in this entire appeal pending the lifting of the automatic stay or final resolution of the bankruptcy proceedings. We deny counsel's motion to withdraw without prejudice to his right to refile the motion after the lifting of the bankruptcy stay. Appellants' counsel shall inform this court of the status of the bankruptcy proceedings within 60 days of the date of this order. On July 18, 1997, respondent filed a motion to dismiss this appeal based on appellants' failure to comply with our order of May 19, 1997. We deny the motion to dismiss.
10/23/1997Notice/IncomingFiled Notice. Notice of Status of Bankruptcy Proceeding.
10/27/1997Other Other. Proof of Service: Notice of Status of Bankruptcy Proceeding.
11/20/1997Order/ProceduralFiled Case Processing Order. Because this matter remains on this court's active docket, appellants shall, within 60 days of the date of this order, file an updated report informing this court of the status of the bankruptcy proceedings.
11/26/1997Notice/IncomingFiled Notice. Notice of Lifting of Stay.
01/26/1998Order/ProceduralFiled Case Processing Order. Pursuant to the bankruptcy court's order lifting the automatic stay in this matter, this appeal shall forthwith proceed. Appellants shall have 15 days from the date of this order to comply with the provisions of NRAP 9(b) and 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).
02/05/1998MotionFiled Motion. Motion to Withdraw as Attorney of Record.
03/30/1998Order/ProceduralFiled Case Processing Order. On February 5, 1998, appellant's counsel, John C. Hope, Jr., filed a motion to withdraw as counsel of record. We grant attorney Hope's motion to withdraw. The clerk shall forthwith remove the name of attorney Hope as appellants' counsel of record. Attorney Hope shall have 10 days from the date of this order to serve a copy of this order on appellants and file proof of such service with this court. Appellants shall have 30 days from the date of this order to obrtain new counsel to represent them in this appeal and to cause new counsel to file a notice of appearance with this court. Failure to comply with this order will result in this appeal being dismissed as abandoned.
04/14/1998Other Other. Filed Certificate of Service.
05/01/1998MotionFiled Motion. Motion to Dismiss Appeal.
05/05/1998Notice/IncomingFiled Notice. Matthew Pelto has filed for protection under Chapter 13 of the U.S. Bankruptcy Code on or about February 12, 1998.
05/07/1998Other Incoming DocumentReceived Proper Person Document. Proper person request for more time to obtain new counsel.
05/27/1998Other Other. Received copy of notice of commencement of bankruptcy from proper person appellant J.R. Bryant.
06/05/1998Notice/IncomingFiled Notice. Notice of Lifting of Stay.
06/11/1998Notice/IncomingFiled Notice. Notice of Appearance (for appellant J.R. Bryant) and Request for Extension of Time.
08/11/1998Notice/IncomingFiled Notice. Notice of Order of Dismissal.
09/22/1998Order/ProceduralFiled Case Processing Order. Because of the delay caused by the filing of bankruptcy petitions we vacate our March 30, 1998 order. Appellants Pelto and Kos shall have 15 days from the date of this order to obtain counsel to represent them and cause counsel to file a notice of appearance with this court. Failure to timely obtain new counsel will likely result in the dismissal of their appeals. We deny respondent's motion to dismiss without prejudice to respondents right to refile the motion as to appellants Pelto and Kos should they fail to timely comply with this order. We deny as moot appellant Bryant's motion for an extension of time to file and answer to the motion to dismiss. We also deny as moot Bryant's proper person motion for an extension of time to allow appellants to obtain counsel to represent them in this matter. We grant appellant Bryant's motion for an extension of time to file the openting brief. This court will set a new briefing schedule once it is determined whether appellants Pelto and Kos will be represented by counsel. Fn1[Even though appellant Bryant has not been granted leave to file papers in proper person, we have received and considered Bryant's submission.]
12/29/1998Order/ProceduralFiled Case Processing Order. Order Partially Dismissing Appeal. To date, no counsel has filed a notice of appearance on behalf of appellants Pelto and Kos. We hereby dismiss their appeals. The clerk shall modify the caption forthwith to reflect that appellant Bryant is the only remaning appellant in this appeal. Bryant shall, within 15 days from this order, file with this court a transcript request form or certificate of no transcript request and shall, within 90 days from the date of this order, file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(A)(1). (Caption and case cards modified).
03/31/1999Order/ProceduralFiled Case Processing Order. Appellant shall, within 10 days of the date of this order, file and serve the transcript request form or a certificate of no transcript request or show cause why sanctions should not be imposed against counsel for appellant.
04/01/1999MotionFiled Motion. Motion for Enlargement of Time to File Opening Brief.
04/01/1999BriefReceived Brief. Appellant's Opening Brief.
04/01/1999BriefReceived Brief. Appellant's appendix.
04/02/1999Other Other. Filed Certificate of Mailing.
05/05/1999MotionFiled Stipulation. Stipulation Extending Time to File Respondent's Answering Brief.
05/11/1999Order/ProceduralFiled Case Processing Order. To date, appellant has not complied with the orders of this court by filing either a transcript request or certificate of no transcript request. Because appellant has submitted the openting brief, it appears that the preparation of transcipts is not necessary. We waive the requirement that appellant comply with the provisions of NRAP 9(a). We direct the clerk to file the opening brief and appendix, provisionally submitted on April 1, 1999. Respondent shall, within 30 days from the date of this order, serve and file an answering brief. We disapprove, as moot, the stipulation filed May 5, 1999, extending the time for filing the answering brief.
05/11/1999BriefFiled Brief. Appellant's Opening brief.
05/11/1999AppendixFiled Appendix. Appellant's Appendix.
06/10/1999BriefFiled Brief. Respondent's Answering Brief (mailed on: Reno/Carson Msgr. 6/10/99).
06/10/1999AppendixFiled Appendix. Appendix to Respondent's Answering Brief.
06/29/1999BriefFiled Brief. Appellant's Reply Brief.
03/29/2000Notice/IncomingFiled Notice. Substitution of Attorneys. Robert C. Maddox does hereby consent to the substitution of the firm of Scarpello & Alling, Ltd. as attorney for Respondent Keystone Square. 00-05079
04/10/2000MotionFiled Stipulation/Dismiss Appeal. 00-05743
04/10/2000Notice/IncomingFiled Notice. Notice of Stipulation and Order Lifting Stay. 00-05744
04/20/2000Order/DispositionalFiled Stipulated Dismissal. The stipulation to dismiss appeal filed on April 10, 2000, is granted. "This appeal is dismissed." The parties to bear their own costs and attorney's fees. SNP/CLK 00-06360
04/20/2000Case Status Update Case Closed. No remittitur issued.