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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 37661
Short Caption:CLARK CO. SCHOOL DIST. VS. COOPERCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A422096Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/24/2001 / Pomrenze, SandraSP Status:Completed
Oral Argument:09/17/2002 at 9:30 AMOral Argument Location:Las Vegas Office
Submission Date:09/17/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
04/05/2001Filing Fee Filing Fee Waived.
04/05/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-05812
04/24/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Sandra Pomrenze. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/27/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-10918
06/27/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
07/11/2001Docketing StatementFiled Docketing Statement. 01-11683
07/11/2001Transcript RequestFiled Certificate of No Transcript Request. 01-11684
07/19/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. This court shall conduct a preliminary jurisdictional review of this appeal. Appellant: 100 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 01-12282
10/25/2001BriefFiled Opening Brief. Mailed on: Fed Ex 10/24/01. 01-17969
10/25/2001AppendixFiled Joint Appendix. 01-17970
11/28/2001MotionFiled Motion and Order Extending Time. Brief due: December 28, 2001. 01-19914
12/03/2001MotionFiled Response to Motion. Appellant's Opposition to Motion to Extend the Time for Respondent to File his Answering Brief. 01-20159
12/24/2001BriefFiled Answering Brief. Mailed on: 12/20/01. 01-21641
12/26/2001Order/ProceduralFiled Order Denying Motion. On December 3, 2001, appellant filed an opposition to respondent's motion requesting a 30-day extension of time to file the answering brief. We elect to treat the opposition as a motion for reconsideration of our order entered on November 28, 2001. We deny the motion for reconsideration. Respondent's answering brief shall remain due to be filed by December 28, 2001. 01-21693
12/28/2001MotionFiled Motion to Strike. Motion to Strike all parts of Respondent's Brief not related to the issue on Appeal. 01-21815
01/07/2002MotionFiled Response to Motion. Opposition to Motion to Strike all parts of Respondent's Brief not related to the issue on Appeal. 02-00403
01/14/2002MotionFiled Motion for Permission to File Document. Request for permission to file reply to opposition to motion to strike all parts of respondent's brief not related to the issue on appeal. 02-00880
01/18/2002BriefFiled Reply Brief. Mailed on: Fed Ex 01/17/02. 02-01271
03/22/2002Order/ProceduralFiled Order. On December 28, 2001, appellant filed a motion to strike certain parts of respondent's answering brief that was filed on December 24, 2001. On January 7, 2002, respondent filed an opposition to appellant's motion. On January 14, 2002, appellant filed a motion for permission to file a reply to the opposition. Cause appearing, we grant that motion. The clerk of this court shall file the proposed reply received on January 14, 2002, that was attached to the motion. Appellant filed a timely notice of appeal challenging that part of the district court order that granted the petition for judicial review and reversed the appeals officer's decision concerning the proper averaging period and remanded for recalculation using a 12-week period. Accordingly, only that part of the district court order is the subject of this appeal. Respondent has not filed a notice of appeal or cross-appeal challenging that portion of the district court order that denied the petition for judicial review of the appeals officer's decision regarding concurrent wage information. Thus, it was improper for respondent to raise arguments regarding that issue in the answering brief. Accordingly, we grant appellant's motion, in part. In taking this appeal under submission, this court shall disregard the following portions of the answering brief which discuss the issue regarding concurrent wages: lines 15-22 on page 2; lines 14-23 on page 3; lines 3-18 on page 4; lines 3-7 and 13-14 on page 5; lines 22-24 on page 10; lines 1-4 and 16-26 on page 11; all of pages 12-14; lines 1-12 and 24-17 on page 15; and lines 1-4 on page 16. 02-05161
03/22/2002MotionFiled Reply to Response. Reply to opposition to motion to strike all parts of respondent's brief not related to the issue on appeal. 02-00881
07/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 17, 2002, at 9:30 a.m. (SNP03-MS/ML/NB)
09/03/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
09/17/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB
11/21/2002Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal. "ORDER the district court's judgment reversed and the appeals officer's order reinstated." SNP03-MS/ML/NB 02-20032
12/12/2002MotionFiled Motion. Motion for Publication of Order. 02-21242
12/17/2002RemittiturIssued Remittitur. 02-20348
12/17/2002Case Status Update Remittitur Issued/Case Closed.
12/30/2002RemittiturFiled Remittitur. Received by County Clerk on December 19, 2002. 02-20348
01/24/2003Order/ProceduralFiled Order Denying Motion. Denying Motion for Publication. On December 12, 2002, appellant Clark County School District filed a motion to publish as an opinion the Order of Reversal entered in this matter on November 21, 2002. After considering the motion, we conclude that publication is not warranted. We deny appellant's motion. 03-01289