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United States Court Cases

Nevada Supreme/Appellate Court Record

MARFISI VS. DURNEY C/W 35703

Case Information: 35745
Short Caption:MARFISI VS. DURNEY C/W 35703Court:Supreme Court
Related Case(s): 35703
Lower Court Case(s):Elko Co. - Fourth Judicial District - 31001Classification:Civil Appeal - General - Venue
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/17/2000 / Allison, GeorgeSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/27/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/07/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Wilson & Barrows--check No. 1760.
03/07/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 00-03557
03/17/2000Settlement 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.)
04/17/2000Order/ProceduralFiled Order/Consolidation. We hereby consolidate the above-entitled matters for all appellate purposes. On March 17, 2000, a notice of assignment to the settlement conference program was issued in Docket No. 35745, and the matter was assigned to Settlement Judge George V. Allison. In light of this order consolidating these matters, Docket No. 35703 is hereby assigned to Settlement Judge Allison, and a joint settlement conference shall be conducted in these consolidated matters. We defer ruling on the writ petition in Docket No. 35703, pending completion of the settlement conference proceedings. Nos. 35703, 35745. 00-06111
04/21/2000Settlement 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.) nos. 35703/35745.
06/19/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a tenative settlement of this matter (nos. 35703/35745).
06/19/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) NOTICE ISSUED IN ERROR - DOCKETING STATEMENT IS NOT REQUIRED.
06/19/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a tenative settlement of this matter (nos. 35703/35745). 00-10490
09/08/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
09/08/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. (Nos. 35703 and 35745). 00-15889
09/21/2000Docketing StatementFiled Docketing Statement. (Filed in 35745 only. Nos. 35703 & 35745). 00-16706
09/26/2000Order/ProceduralFiled Order/Briefing Schedule. Order Denying Petition for Writ of Mandamus (Docket No. 35703) and Reinstating Briefing (Docket no. 35745). " . . . we deny the petition docketed as No. 35703." In the appeal docketed as No. 35745, appellant shall have 15 days from the date of this order to file with this court a transcript request form or a certificate of no transcript request and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 35703, 35745. (Docket Nos. 35703 and 365745 are no longer consolidated.) 00-16941
10/11/2000Transcript RequestFiled Certificate of No Transcript Request. 00-17969
11/15/2000BriefFiled Opening Brief. Mailed on: 11/13/00. 00-20057
11/15/2000AppendixFiled Appendix to Opening Brief. 00-20058
12/11/2000MotionFiled Stipulation. Stipulation to Strike Portions of Appellant's Appendix and Appellant's Opening Brief. 00-21659
12/15/2000BriefFiled Answering Brief. Mailed on: Hand delivered 12/15/00 (Reno/Carson). 00-21987
12/15/2000AppendixFiled Appendix to Answering Brief. 00-21988
12/21/2000MotionFiled Motion. Motion for Order Taking Judicial Notice. 00-22246
12/26/2000Letter/IncomingFiled Letter. from Wilson and Barrows, Ltd., enclosing Exhibit 4 to Motion for Order Taking Judicial Notice. 00-22433
12/29/2000MotionFiled Response to Motion. Respondents' Opposition to Motion for Taking Judicial Notice. 00-22735
01/08/2001BriefFiled Reply Brief. Mailed on: 01/04/01. 01-00347
01/08/2001Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)),
01/31/2001Letter/IncomingFiled Letter. from Attorney Stewart R. Wilson. "In response to your letter dated January 8, 2001, Mr. Marfisi has elected not to request the filing of a reply brief in the above-entitled matter. You may therefore submit his Motion for Order Taking Judiccial Notice to the Court." 01-02106
03/27/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 01-05375
03/27/2001Case Status Update Submitted for Decision. NNP01A-MS/DA/RR
06/28/2001Order/ProceduralFiled Order. On December 11, 2000, the parties filed a stipulation to strike portions of the appellant's opening brief and appendix. On December 21, 2000, appellant filed a motion to take judicial notice of the case of Tinnin, et al. v. Western States Liquified Petroleum Gas Co., Case No. 29595, from the Fourth Judicial District Court of the State of Nevada. On December 29, 2000, respondents filed an opposition. We grant appellant's motion to take judicial notice of the Tinnen case and we disapprove the parties' stipulation to strike portions of the opening brief and appendix that refer to that case. 01-10981
09/07/2001Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP01A-MS/DA/RR 01-15150
10/03/2001RemittiturIssued Remittitur. 01-15357
10/03/2001Case Status Update Remittitur Issued/Case Closed.
10/19/2001RemittiturFiled Remittitur. Received by County Clerk on October 9, 2001. 01-15357