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United States Court Cases

Nevada Supreme/Appellate Court Record

KEANE VS. ARMSTRONG

Case Information: 35796
Short Caption:KEANE VS. ARMSTRONGCourt:Supreme Court
Related Case(s): 37847
Lower Court Case(s):Washoe Co. - Second Judicial District - DV9900288Classification:Civil Appeal - General - Other
Disqualifications:YoungCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Senior Justice YoungPanel Assigned: Panel
To SP/Judge:03/27/2000 / Allison, GeorgeSP Status:Completed
Oral Argument:10/14/2002 at 9:00 AMOral Argument Location:Carson City
Submission Date:10/14/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/16/2000OtherDisqualification of Justice Young.
03/16/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from James Andre Boles--check no. 00570.
03/16/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-04217
03/27/2000Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: George V. Allison. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
06/16/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-10279
06/16/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
06/23/2000Settlement 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). 00-10773
07/03/2000Docketing StatementFiled Docketing Statement. 00-11278
07/10/2000Docketing StatementFiled Response to Docketing Statement. 00-11739
07/10/2000MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appellant's Second Issue on Appeal for Lack of Jurisdiction. 00-11742
09/14/2000Order/ProceduralFiled Order. As jurisdiction is proper in this court, respondent's motion to dismiss this issue is denied. Appellant shall have 30 days from the date of this order within which to show cause why the appeal fromt the contempt order should not be dismissed for lack of jurisdiction. The briefing schedule and preparation of transcripts shall be stayed pending further order of this court. 00-16258
11/21/2000Order/ProceduralFiled Order. Order Dismissing Appeal in Part and Reinstating Briefing. To date, appellant has failed to respond to this court's order of September 14, 2000. We conclude that we lack jurisdiction over the appeal from the contempt order, and dismiss this portion of the appeal. We reinstate briefing with respect to the appeal from the "permanent prohibitory protective order" only. Appellant shall have 15 days from the date of this order to comply with NRAP 9(a) and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 00-20430
01/23/2001Order/ProceduralFiled Order. To date, appellant has failed to file either a transcript request form or notify this court that no transcripts are necessary. Appellant shall have 15 days from the date of this order, to file and serve a transcript request form or a certificate indicating that no transcripts are being requested. Failure to comply timely with this order may result in the immediate dismissal of this appeal as abandoned. 01-01461
02/02/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: November 19, 1999, December 17, 1999 and January 28, 2000. To Court Reporter: Judith Ann Schonlau. Transcripts requested: December 28, 1999 and March 10, 2000. To Court Reporter: Lynda Clark. 01-02236
02/28/2001Letter/IncomingFiled Letter. (copy) from Court Reporter Judith Schonlau to attorney James Andre Boles stating that deposit for transcripts has not yet been paid. 01-03700
03/22/2001MotionFiled Motion and Order Extending Time. Brief due: April 5, 2001. 01-05097
04/06/2001BriefFiled Opening Brief. Mailed on: Hand delivered 04/06/01. 06/29/01 Order: Appellant's Opening Brief and Appendix filed on April 6, 2001, STRICKEN and the Original Opening Brief and Appendix returned to Appellant. 01-05909
04/06/2001AppendixFiled Appendix to Opening Brief. 06/29/01 Order: Appellant's Opening Brief and Appendix filed on April 6, 2001, STRICKEN and the Original Opening Brief and Appendix returned to Appellant. 01-05911
04/27/2001MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appellant's Appeal; or, in the Alternative, Motion to Strike Appellant's Opening Brief, and for Sanctions. 01-07129
04/27/2001MotionFiled Motion to Extend Time. 01-07133
05/03/2001TranscriptFiled Transcript. Proceedings: 11/19/99; 12/17/99; 1/28/00. Court Reporter: Judith Schonlau. 01-07446
05/11/2001MotionFiled Response to Motion. Opposition to Motion to Dismiss Appellant's Appeal. 01-07937
05/14/2001Notice/IncomingFiled Errata. (Affidavit of James Andre' Boles). 01-08011
06/29/2001Order/ProceduralFiled Order. On April 27, 2001, respondent filed a 'Motion To Dismiss Appellant's Appeal; Or, In The Alternative, Motion To Strike Appellant's Opening Brief, And For Sanctions.' Appellant filed an opposition to respondent's motion on May 11, 2001. We deny respondent's motion to the extent that it requests dismissal of this appeal and the imposition of sanctions. However, we grant respondent's alternative motion and direct the clerk of this court to strike, and return to appellant, the opening brief and appendix filed on April 6, 2001. Appellant shall have 30 days from the date of this order to file an opening brief and appendix. Failure to fully comply with this order in a timely manner may result in the imposition of sanctions. Respondent shall have 30 days from service of the opening brief and appendix to file and serve the answering brief. Thereafter, appellant may file a reply brief, if deemed necessary, within 30 days of service of the answering brief. Because we have reset the briefing schedule for this appeal, we deny, as moot, respondent's motion for an extension of time filed on April 27, 2001. 01-11028
06/29/2001Notice/OutgoingIssued Letter. to attorney James Andre Boles. Pursuant to the Order filed June 29, 2001, the original Appellant's Opening Brief and Appendix filed April 6, 2001, stricken and returned to appellant.
07/30/2001BriefFiled Opening Brief. Mailed on: Hand delivered 07/30/01. 01-12875
07/30/2001AppendixFiled Appendix to Opening Brief. 01-12876
08/10/2001MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appellant's Second Issue on Appeal; or, in the Alternative, Motion to Strike Appellant's Second Issue on Appeal in its Opneing Brief, and for Sanctions. 01-13598
08/22/2001MotionFiled Response to Motion. Appellant's Oppositointo Respondent's Motion to Dismiss Appellant's Second Issue on Appeal; or, in the Alternative, Motio to Strike Appellant's Second Issue on Appeal in its Opening Brief, and for Sanctions; and Motion for Leave to Amend Brief. 01-14267
08/28/2001MotionFiled Motion to Extend Time. 01-14593
08/29/2001MotionFiled Motion for Permission to File Document. 01-14659
02/04/2002Order/ProceduralFiled Order Resolving Motion or Stipulation. Denying Motion to Dismiss and Imposing Sanctions. We conclude that dismissal of this appeal is not warranted. We further decline to strike appellant's opening brief. Nevertheless, we will disregard any matters that are not properly at issue in this appeal. Appellant is correct in noting that most of the challenged documents in the appendix are required by NRAP 30 to be included, and so we deny the motion to strike portions of the appendix. As appellant may not challenge in this appeal the district court's order denying his writ petition, we deny his motion to amend the opening brief. This was the second time that respondent was forced to file a motion addressing deficiencies in appellant's opening brief, and accordingly sanctions are warranted. Appellant's counsel shall personally pay to respondent the sum of $500 and provide proof of payment to this court within 30 days of the date of this order. Respondents unopposed motion is granted, and respondent shall have 30 days from the date of this order to file an answering brief. The answering brief need not address any issues related to the contempt order. Should appellant wish to file a reply brief, he shall do so in accordance with NRAP 31(a)(1). fn3[Respondent's motion for leave to file a reply is denied as moot in light of this order.] 02-02225
02/14/2002Notice/IncomingFiled Notice of Change of Address. Attorney James Andre Boles. 02-02974
03/06/2002BriefFiled Answering Brief. Mailed on: 03/06/02. Signed by: John Ohlson. 02-04091
03/06/2002AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 02-04094
03/07/2002Notice/IncomingFiled Proof of Payment of Sanction. $500 paid to Melissa Armstrong from attorney James Andre Boles. 02-04141
04/08/2002BriefFiled Reply Brief. Mailed on: 04/05/02. Signed by: James Andre Boles. 02-06157
08/22/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 14, 2002, at 9:00 a.m. (NNP03Y-WM/RR/DA)
09/30/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
10/14/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03Y-WM/RR/DA
12/11/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP03Y-WM/RR/DA 02-21130
01/07/2003RemittiturIssued Remittitur. 03-00017
01/07/2003Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 10, 2003. 03-00017