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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 33084
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 95CV0179
Douglas Co. - Ninth Judicial District - 95CV0207
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/05/1998 / Gruesen, ThomasSP Status:Completed
Oral Argument:10/10/2000 at 9:30 AMOral Argument Location:Carson City
Submission Date:10/10/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
09/29/1998Filing FeeReceived Filing Fee Paid on Filing. (Campbell & Stone--check no. 1330).
09/29/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
10/05/1998Notice/OutgoingIssued Notice. Notice of Settlement Conference. Settlement Judge: Thomas W. Gruesen. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/10/1998Other Other. Voluntary recusal of Chief Justice Springer from participation in this matter (Richard G. Campbell, Jr. counsel for appellant.)
12/15/1998Order/ProceduralFiled Case Processing Order. Appellant shall, within 10 days from the date of this order, file the docketing statement.
12/28/1998Docketing StatementFiled Docketing Statement.
01/07/1999Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Settlement Conference Report. The parties were unable to agree to a settlement of this matter.
01/20/1999Order/ProceduralFiled Case Processing Order. The parties were unable to agree to a settlement of this matter. The time deadlines for requesting and preparing transcripts and briefing shall remain suspended pending a jurisdictional review of this appeal and further order of this court.
01/27/1999Order/ProceduralFiled Case Processing Order. Appellant shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiciton. Failure to demonstrate that this court has jurisdiction may result in this court's dismissal of this appeal for lack of jurisdiction. The briefing schedule and preparation of transcripts in this appeal shall remain suspended pending further order of this court.
02/23/1999MotionFiled Response to Order to Show Cause. To Show Cause.
03/30/1999Order/ProceduralFiled Case Processing Order. We conclude that we have jurisdiction to consider this appeal. The parties were unable to agree to a settlement of this appeal. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a), 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
04/08/1999Letter/IncomingReceived Letter. From attorney Richard Campbell regarding transcripts and a copy of the request for transcript of proceedings for case no. 30943.
05/10/1999Order/ProceduralFiled Case Processing Order. On April 8, 1999, we received a letter from appellant's counsel indicating that the transcripts of the district court proceedings had previously been requested in Docket No. 30943. We elect to treat counsel's letter as a certificate of no transcript request. Docket No. 30943 was never consolidated with the current appeal and was dismissed on July 28, 1998. If appellant desires any transcripts which were not filed in the district court prior to the docketing of this appeal on September 29, 1998, then he should file an amended transcript form. If the transcripts were filed in the district court prior to September 29, 1998, appellant may include copies of time in his appendix.
07/27/1999BriefFiled Brief. Appellant's Opening Brief. (Mailed on: Reno/Carson Msgr. 7/27/99)
07/28/1999AppendixFiled Appendix. Appendix to Opening Brief, Vols. 1 and 2.
07/28/1999Other Other. Filed Certificate of Compliance.
07/29/1999MotionFiled Motion. Seeking Leave to File Amicus Curiae in Support of Appellant on the issue of Constructive Fraud.
07/29/1999BriefReceived Brief. Amicus Curiae Brief in Support of Appellant on the issue of Constructive Fraud. 2/15/00 Order: returned unfiled, with letter
08/13/1999MotionFiled Motion to Extend Time. Motion for Enlargement of Time within which to Serve and File Respondent's Opposition to Motion for Leave to File Brief as Amicus Curiae.
08/13/1999MotionReceived Motion. Opposition to Motion Seeking Leave to File Brief as Amicus Curiae. 2/15/00 Order: filed this opposition.
08/24/1999MotionFiled Stipulation and Order. Respondent may have to and including September 27, 1999, within which to file the answering brief.
09/27/1999BriefFiled Brief. Respondent's Answering Brief. (Mailed on: Hand delivered 9/27/99).
09/27/1999AppendixFiled Appendix. Respondent's Appendix.
10/18/1999MotionFiled Stipulation and Order. Appellant may have to and including November 29, 1999, within which to file the reply brief.
11/29/1999BriefFiled Brief. Appellant's Reply Brief. (Mailed on: Hand-delivered, 11/29/99 Reno/Carson).
02/15/2000Order/ProceduralFiled Case Processing Order. Nevada Palace, Inc. has filed a motion seeking leave to file an amicus brief. Respondent Opposes the motion. Fn1[We grant respondent's motion seeking leave to file an untimely opposition. The clerk shall, forthwith, file the opposition provisionally received on August 13, 1999.] We deny the motion seeking leave to file an amicus curiae brief. The clerk shall return, unfiled, the proposed amicus brief provisionally submitted on July 29, 1999.
02/15/2000MotionFiled Motion. Opposition to Motion Seeking Leave to file Brief as Amicus Curiae.
02/15/2000Other Other. Returned unfiled with letter to the Haney firm: original Amicus Curiae Brief in Support of Appellant on the Issue of Constructive Fraud.
03/28/2000Notice/OutgoingIssued Notice of Modification of Caption. Parties to respond in 10 days if caption is incorrect.
04/04/2000Letter/IncomingFiled Letter. from attorney Steven F. Petersen in response to this court's notice re: caption. 00-05421
05/12/2000Order/Clerk'sFiled Clerk's Order. Modifying Caption. On March 28, 2000, the clerk of the court issued a notice requesting the parties to inform this court whether the caption in this matter accurately reflects the status of the parties. Respondent submitted a response on April 4, 2000. Having reviewed that response, the caption in this matter shall be modified to reflect that the respondent is "Peregrine Falcon Jet Team." 00-07904
06/22/2000Order/ProceduralFiled Order. Appellant shall have 10 days from the date of this order to file a supplemental appendix containing the transcripts cited to in appellant's briefs. The supplemental appendix shall be paginated in a maner consistent with the page citations contained in appellant's briefs. We admonish counsel for appellant for failing to comply with our order entered on May 10, 1999, and caution that failure to comply with this order in a timely manner may result in the imposition of sanctions. 00-10699
07/10/2000Letter/IncomingFiled Letter. Request for extension to file supplemental appendix. 00-11754
07/18/2000Order/ProceduralFiled Order. On July 10, 2000, appellant submitted to this court a letter requesting that this court grant appellant an extension of time to and including July 10, 2000, to file appellant's supplemental appendix. We remind appellant's counsel that submissions or request for order or relief from this court must generally be made by formal motion. In the interest of judicial economy, we elect to treat the letter as a motion for an extension of time and grant the motion. The clerk of this court shall forthwith file appellant's supplemental appendix which was provisionally submitted on July 12, 2000. 00-12407
07/18/2000AppendixFiled Appendix. Supplemental Appendix to Appellant's Opening Brief. 00-12036
07/25/2000MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal and for Sanctions Based upon Appellant's Multiple Procedural Derelictions. 00-12901
07/26/2000Order/ProceduralFiled Order. Appellant shall, within 10 days of the dte of this order, file an amended supplemental appendix containing the entire transcript of the four-day trial held in the underlying proceeding. 00-12919
08/02/2000MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal and for Sanctions Based upon Appellant's Multiple Procedural Derelictions. 00-13399
08/03/2000AppendixFiled Appendix. Amended Supplemental Appendix, Vols. 3 through 6. 00-13499
08/10/2000Notice/IncomingFiled Proof of Service. for Amended Supplemental Appendix. 00-13909
08/21/2000Order/ProceduralFiled Order Denying Motion. On July 25, 2000, respondent filed a motion to dismiss this appeal and for sanctions. Specifically, respondent asks that this court strike appellant's opening brief and appendices, dismiss this appeal and order appellant to pay respondent's legal fees, double costs and other amounts. No good cause appearing, we deny respondent's motion. 00-14565
08/28/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 10, 2000 at 9:30 a.m. in Carson City. (NNP00A-MS/DA/ML)
09/21/2000Notice/OutgoingIssued Oral Argument Reminder Notice.
10/10/2000Case Status Update Submitted for Decision. Northern Nevada Panel: NNP00A-MS/DA/ML.
12/21/2000Order/DispositionalFiled Order of Affirmance. "We affirm the judgment of the district court."- NNP00A-MS/DA/ML. 00-22226
01/16/2001RemittiturIssued Remittitur. 00-22570
01/16/2001Case Status Update Remittitur Issued/Case Closed.
02/20/2001RemittiturFiled Remittitur. Received by County Clerk on Janaury 23, 2001. 00-22570