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United States Court Cases

Nevada Supreme/Appellate Court Record

BAILEY VS. GILBERT

Case Information: 35822
Short Caption:BAILEY VS. GILBERTCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A400741Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/19/2000 / Robinson, DavidSP Status:Completed
Oral Argument:01/15/2002 at 9:30 AMOral Argument Location:Las Vegas Office
Submission Date:01/15/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/21/2000Filing Fee Filing Fee due.
03/21/2000MotionFiled Motion for Stay. Appellants' Emergency Motion to Stay Enforcement of the District Court's Order Confirming Arbitration Award and Grnting Writ of Restitution; and Appellants' Emergency Motion to Enforce the Parties' Stipulation Allowing Appellants to Occupy the Disputed Premises "During . . . Any Appeals." (Filed via fax.) 00-04491
03/23/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Steven B. Glade--check no. 6733.
03/23/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-04623
03/23/2000Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
03/23/2000MotionFiled Motion for Stay. ORIGINAL (filed via fax on 3/21/00) 00-04626
03/27/2000TranscriptFiled Transcript. Proceedings: March 13, 2000. Court Reporter: Janice R. Liston. 00-04870
03/27/2000MotionFiled Response to Motion. Response to Appellants' Emergency Motion for a Stay Pending Appeal (via fax). 00-04873
03/28/2000Other Returned Unfiled Document. Returned Appellant's Reply Brief Supporting the Emergency Motion for Stay pending Appeal. (Reply to opposition filed without permission via fax.)
03/28/2000MotionFiled Response to Motion. Response to Appellants' Emergency Motion for a Stay Pending Appeal (ORIGINAL-filed via fax on 3/27/00). 00-04907
03/28/2000AppendixFiled Appendix. Appendix in Support of Respondents' Opposition to Appellants' Emergency Motion for a Stay Pending Appeal. 00-04908
03/28/2000MotionFiled Motion for Permission to File Document. Appellants' Motion for Leave to File a Reply Memorandum Supporting Their Emergency Motion to Stay Enforcement of the District Court's Order Confirming Arbitration Award and Granting Writ of Restitution (via fax). 00-04975
03/30/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
03/30/2000MotionFiled Motion for Permission to File Document. Appellants' Motion for Leave to File a Reply Memorandum Supporting Their Emergency Motion to Stay Enforcement of the District Court's Order Confirming Arbitration Award and Granting Writ of Restitution (ORIGINAL-filed via fax on 3/28/00) 00-05134
03/30/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion and hereby stay the district court's order confirming the arbitration award and issuing a writ of restitution, as well as all further proceedings in Case No. A400741, pending our review of this appeal. fn1[We grant appellants' motion for leave to file a reply and direct the clerk of this court to file the reply, which was received on March 28, 2000.] 00-05151
03/30/2000MotionFiled Reply to Response. Appellant's Reply Brief Supporting the Emergency Motion for Stay Pending Appeal (via fax). 00-04977
03/30/2000MotionFiled Reply to Response. Appellants' Reply Brief Supporting the Emergency Motion for Stay Pending Appeal (ORIGINAL--received via fax on 3/28/00). 00-05135
03/31/2000Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: March 21, 2000. 00-05233
04/03/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 00-05274
04/07/2000Notice/Outgoing Letter.
04/10/2000Letter/IncomingFiled Letter. Letter regarding disqualification of settlement judge Lester H. Berkson. 00-05703
04/17/2000MotionFiled Motion. Motion to Require Appellant to Post a Supersedeas Bond as Requiredd by NRS40.380, or in the Alternative, Motion for Rehearing to Modify the Order Granting a Stay Pending Appeal. 00-06067
04/17/2000MotionFiled Motion to Dismiss Appeal. 00-06069
04/17/2000AppendixFiled Appendix. Appendix in Support of Motion to Require a Supersedeas Bond and in Support of Motion to Dismiss Appeal. 00-06070
04/19/2000Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: David K. Robinson.
04/26/2000MotionFiled Response to Motion. Appellant's Opposition to Respondent's Motion to Require Appellant to Post a Supersedeas Bond, Etc. 00-06786
04/26/2000MotionFiled Response to Motion. Appellants' Opposition to Respondent's Motion to Dismiss Appeal. 00-06787
05/10/2000Order/ProceduralFiled Order Granting Motion. Order of Limited Remand. On March 30, 2000, we granted appellants' motion to stay the district court proceedings in Case No. A400741. We grant respondent's motion for a supersedeas bond, and we remand this matter to the district court for the limited purpose of determining the appropriate amount of the bond. The district court shall determine the bond amount within 30 days from the date of this order. Appellants shall have 30 days from the date of the district court's order setting the amount of the bond in which to post the bond and submit proof to the clerk of this court that the bond has been posted. Failure to comply with the bond condition will result in this court's vacation of the stay. 00-07692
05/15/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-08123
05/15/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
05/25/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. 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). fn1[We defer ruling on respondent's April 17, 2000 motion to dismiss this appeal, pending completion of our jurisdictional review.] 00-08817
06/05/2000Docketing StatementFiled Docketing Statement. 00-09424
06/12/2000Transcript RequestFiled Certificate of No Transcript Request. 00-09864
07/10/2000Order/ProceduralFiled Order Resolving Motion or Stipulation. Respondent filed a motion to dismiss appellants' appeal. Respondent has not demonstrated that the district court's order is not final. We deny respondent's motion to dismiss the appeal. 00-11662
07/17/2000Notice/IncomingFiled Notice. Appellant's Notice of Compliance with Bond Requirement of this Court's Order of Limited Remand. 00-12355
09/22/2000MotionFiled Motion and Order Extending Time. Brief due: October 23, 2000. 00-16799
10/23/2000BriefFiled Opening Brief. Mailed on: 10/20/00. 00-18705
10/23/2000AppendixFiled Joint Appendix. Vols. I through V. 00-18707
10/23/2000Notice/IncomingFiled Proof of Service. Certificate of Mailing, Re: Appellants Opening Brief and Joint Appendix (Vols. I - V). 00-18708
10/23/2000TranscriptFiled Transcript. Proceedings: June 5, 2000. Court Reporter: Janice Liston. 00-18728
11/17/2000MotionFiled Stipulation and Order. Brief due: 12/22/00. 00-20219
12/28/2000MotionFiled Motion to Extend Time. (second). 00-22629
12/29/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Respondent's answering brief shall be served and filed on or before February 20, 2001. 00-22698
02/22/2001MotionFiled Motion to Extend Time. (third request). 01-03368
02/26/2001MotionFiled Response to Motion. Appellant's Response to Respondent's Third Request for an Extension of Time to File Answering Brief. 01-03575
03/15/2001Order/ProceduralFiled Order Granting Motion. Respondent shall have to and including March 27, 2001, to file and serve the answering brief. No further extensions shall be permitted absent extreme and unforeseeable circumstances. 01-04662
03/29/2001MotionFiled Motion to Extend Time. (Fourth Request). 01-05496
04/05/2001Order/ProceduralFiled Order Granting Motion. In the interests of judicial efficiency, we grant appellant's fourth motion for extension of time filed on March 29, 2001. Appellant's shall have to and including April 6, 2001, to file and serve the opening brief and appendix. We caution appellants' counsel that future failure to comply with this court's orders and demonstrate sufficient cause for extensions of time may result in the imposition of sanctions. Fn1[The requested extension until April 3, 2001, having expired, we grant appellant an additional three days to file and serve the brief and appendix.] 01-05834
04/05/2001MotionFiled Motion and Order/Excess Pages. Granted: 38 pages. 01-05835
04/05/2001BriefFiled Answering Brief. Mailed on: LV Drop Box 4/3/01. 01-05836
04/05/2001AppendixFiled Appendix to Answering Brief. 01-05839
05/07/2001MotionFiled Stipulation and Order. Brief due: June 7, 2001. 01-07634
06/11/2001BriefFiled Reply Brief. Mailed on: 06/07/01. 01-09712
06/11/2001Case Status Update Briefing Completed.
11/13/2001MotionFiled Motion. Emergency Motion to Dissolve the Stay Pending Appeal. 01-18829
11/15/2001Notice/IncomingFiled Proof of Service. Receipt of Copy of Emergency Motion to Dissolve the Stay Pending Appeal. 01-19100
11/19/2001MotionFiled Response to Motion. Appellant Bailey's Opposition to Respondent Gilbert's Emergency Motion to Dissolve the Stay. 01-19369
11/26/2001MotionFiled Motion. Appellant Bailey's Motions (1) for an Order Restraining Respondent from Interferring with Appellant's Quiet Enjoyment; (2) for an Appropriate Sanction Against Respondent; and (3) for Return of $1,600 in Late Fees Paid Under Protest in October, 2001. 01-19751
11/27/2001MotionFiled Motion. Respondent's Motion for a Four Day Extension of Time to Respond to Appellant's Motion (first request). 01-19821
12/04/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 15, 2002, at 9:30 a.m. in Las Vegas. (SNP02-CY/DA/ML)
12/14/2001Order/ProceduralFiled Order. Order of Limited Remand. On November 13, 2001, respondent filed an emergency motion to dissolve our stay pending appeal. We have considered the motion and the opposition, and we conclude that respondent's allegations are better presented to the district court. We grant respondent's motion insofar as it seeks a remand to the district court, and we remand this matter to the district court for the limited purpose of determining the merits of respondent's allegations. The district court shall determine, within 30 days from the date of this order, whether appellant Bailey has breached the lease and is in violation of the April 12, 1999 stipulation. We deny appellant Bailey's November 26, 2001 motion for a restraining order, for sanctions, and for return of late fees. Respondent's November 27, 2001 motion for an extension of time to oppose appellant's motion is denied as moot. . fn3[We direct the clerk of this court to return to respondent the opposition provisionally submitted to this court on December 4, 2001.] fn4[This order does not affect the oral argument before this court scheduled for January 15, 2002.] 01-21121
12/14/2001Notice/OutgoingIssued Letter. to attorney Brent Larsen. Returned unfiled, the original Respondent's Opposition to Appellant's Motions, received December 4, 2001.
12/31/2001BriefFiled Supplemental Authorities. (Respondents). STRICKEN BY ORDER 01/10/02. 01-21873
01/02/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
01/04/2002MotionFiled Motion to Strike. Motion to Strike Respondent's Supplemental Authorities; In the Alternative, Appellant's Supplemental Authorities Responding to the Respondent's Supplemental Authorities. STRICKEN BY ORDER 01/10/02: page 2 line 10 through page 8 line 23 and Exhibit 1. 02-00271
01/10/2002Order/ProceduralFiled Order Granting Motion. filed January 4, 2002. On December 4, 2001, this court issued a notice indicating that this appeal is scheduled for oral argument before the Southern Nevada Panel in Las Vegas on January 15, 2002, at 9:30 a.m. On December 31, 2001, respondent filed a document entitled, "Respondent's Supplemental Authorities Pursuant to NRAP 31(d)" ("supplemental authorities"). The supplemental authorities is 6 pages in length and includes an attachment of photocopies of two federal statutes. On January 4, 2002, appellants filed a motion to strike the supplemental authorities, or in the alternative, be allowed to reply to the supplemental authorities. A review of the supplemental authorities shows that it is primarily an argument in response to appellants' reply brief. Thus, it appears that the document is more of a supplemental brief than supplemental authorities as contemplated by NRAP 31(d). We grant appellants' motion. The clerk of this court shall strike the supplemental authorities filed by respondent on December 31, 2001. Additionally, we direct the clerk of this court to strike that portion of appellants' motion to strike beginning on page 2, entitled "In the Alternative, Bailey Responds to Gilbert's Supplemental Authorities." We remind appellants that in the future such a proposed reply should not be attached to a motion requesting permission to file a reply. 02-00681
01/10/2002MotionFiled Response to Motion. Opposition to Appellant's Motion to Strike Respondent's Supplemental Authorities. 02-00690
01/10/2002Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order or judgment appealed from filed in district court on: January 8, 2002. 02-00747
01/11/2002Order/Clerk'sFiled Clerk's Order. We elect to treat respondents opposition filed January 10, 2002, as a motion to reconsider. We deny the motion to reconsider. 02-00869
01/15/2002Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP02-CY/DA/ML
02/08/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Fn8 [In light of this order, the stay imposed by our March 30, 2000 order is vacated. We deny as moot respondent's motion to dissolve the stay.] SNP02-CY/DA/ML 02-02553
03/05/2002RemittiturIssued Remittitur. 02-02745
03/05/2002Case Status Update Remittitur Issued/Case Closed.
03/18/2002RemittiturFiled Remittitur. Received by County Clerk on March 7, 2002. 02-02745