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United States Court Cases

Nevada Supreme/Appellate Court Record

MDJ ENTERPRISES VS. ESTATE OF SCHWARTZ

Case Information: 32911
Short Caption:MDJ ENTERPRISES VS. ESTATE OF SCHWARTZCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A340762Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/25/1998 / Barker, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/13/2000How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/28/1998Filing FeeReceived Filing Fee Paid on Filing. Filing fee of $200. (Cook & Kelesis--check no. 2538).
08/28/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellants.)
08/31/1998Notice/IncomingFiled Notice. Notice of Posting Bond. (Received on 8/24/98, before appeal was docketed.)
09/02/1998Notice/OutgoingIssued Notice. Notice to File Case Appeal Statement. Due date: 10 days.
09/02/1998Notice/OutgoingIssued Notice. Notice to Transmit Required Documents (judgments filed 1/25/95, 7/24/96, 8/22/96, 1/10/97). Due date: 10 days.
09/03/1998Notice/OutgoingIssued Notice. Notice of Settlement Conference. Settlement Judge: Robert S. Apfelberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/04/1998Docketing StatementFiled Docketing Statement.
09/11/1998Other Other. Filed certified copy of the Case Appeal Statement. Filed in the district court August 31, 1998.
09/23/1998Order/IncomingFiled District Court Order. Certified copies of Judgments filed in the district court on: 07/24/96; 01/29/95; 08/22/96; 01/10/97; 05/29/98; and 05/18/98.
09/24/1998Other Other. Mailed additional notice of appeal documents to Settlement Judge Apfelberg.
09/25/1998Notice/OutgoingIssued Notice. Issued Amended Notice of Settlement Conference. New Settlement Judge: William Barker. (Settlement conference materials forwarded to Judge Barker.)
10/05/1998MotionFiled Motion. Motion to Withdraw as Counsel of Record.
10/08/1998Notice/IncomingReceived Notice. Copy of Notice to Counsel from Settlement Judge Barker.
10/29/1998Order/ProceduralFiled Case Processing Order. We grant attorney Michael R. Singer's motion to withdraw as respondents' counsel of record. Attorney Singer shall, within 10 days from the date of this order, serve a copy of this order on respondents and file proof of such service with this court. Respondents shall, within 30 days from the date of this order, obtain counsel to represent them in this matter and cause new counsel to file a notice of appearance with this court. New counsel will be expected to participate in the settlement conference. We caution respondents that failure to timely comply with this order will likely result in this appeal being vacated from the settlement conference program and submitted for decision, without oral argument, based upon appellants' opening brief and other papers filed herein.
11/10/1998Other Other. Filed Proof of Service.
01/04/1999Notice/IncomingReceived Notice. Copy of Notice to Counsel from Settlement Judge Barker.
01/11/1999Notice/IncomingReceived Notice. Copy of Corrected Notice to Counsel from Settlement Judge Barker.
01/21/1999Letter/IncomingReceived Letter. Proper Person letter regarding settlement conference report (Received the original only).
01/29/1999Letter/IncomingReceived Letter. Letter from attorney Marc P. Cook requesting copy of proper person letter.
03/17/1999Order/ProceduralFiled Case Processing Order. On January 21, 1999, we received a proper person letter from respondent Mindy Schwartz requesting an extension of time to obtain new counsel to represent her at the settlement conference. Schwartz has not been granted leave to proceed in proper person, we have received and considered her submission. Respondents shall, within 30 days from the date of this order, obtain counsel to represent them and cause new counsel to file a notice of appearance with this court. Failure to comply with this order in a timely manner will likely result in this appeal being vacated from the settlement conference program and submitted for decision, without oral argument, based upon appellants' opening brief and other papers filed herein. Appellants' counsel submitted a letter informing us that he never received a copy of the proper person letter. The clerk shall mail a copy of the proper person letter to appellants' counsel forthwith. (Copy of the proper person letter received January 21, 1999, mailed to counsel for appellant with 3/17/99 order).
05/27/1999Order/ProceduralFiled Case Processing Order. Respondents have failed to obtain counsel in compliance with our order of March 17, 1999, we hereby vacate this matter from the settlement conference program. 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.
06/17/1999Order/ProceduralFiled Case Processing Order. Appellants 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. Upon the filing of the opening brief and appendix, the appeal shall be submitted for our consideration.
06/24/1999Letter/IncomingReceived Letter. Letter from Mindy Schwartz Panek requesting leave to file documents in proper person.
07/06/1999Transcript RequestFiled Request for Transcript of Proceedings. Request for Transcripts for May 28, 1996 and May 29, 1996. Court Reporter: Renee Silvaggio.
08/13/1999Letter/IncomingReceived Letter. Letter from attorney Marc P. Cook requesting status of this case.
10/01/1999Order/ProceduralFiled Case Processing Order. On June 24, 1999, we received a letter from respondent Mindy Schwartz requesting leave to proceed in proper person. Although respondent Schwartz has not been granted leave to file documents in proper person we have received and considered the request. The request is denied. We elect to treat attorney Cook's requests as motions. The motion to allow this matter to proceed is denied as moot. The motion to permit appellant to include the transcripts in the appendix is denied. Reporter Silvaggio shall, within 15 days from the date of this order, fully comply with the provisions of NRAP 9 (b) or inform this court why sanctions should not be imposed. We again direct the clerk to mail a copy of the January 21, 1999, letter to attorney Cook. (Copy of the January 21, 1999, letter mailed to attorney Cook).
10/01/1999Letter/IncomingReceived Letter. Letter from attorney Marc P. Cook requesting status of this case.
10/12/1999BriefFiled Brief. Appellant's Opening Brief. (Mailed on: 10/8/99).
10/12/1999AppendixFiled Appendix. Appellant's Appendix, Vols. 1 through 5.
10/12/1999Other Other. Case submitted on brief this day.
10/18/1999Notice/IncomingFiled Notice. Certificate of Compliance.
10/18/1999Other Other. Letter to attorney Cook in response to his letter received on October 1, 1999.
03/13/2000Case Status Update Resubmitted for Decision. To the Southern Nevada Panel this day. SNP99B-WM/MS/NB
04/18/2000Order/ProceduralFiled Order. Court reporter Silvaggio filed the requested transcripts on October 6, 1999, in the district court, but did not file copies of the requested transcripts with this court. Appellants included copies of the requested transcripts in their appendix, even though these transcripts were filed in the district court after this appeal was docketed. For purposes of this appeal, we waive the requirements of NRAP 9(b) and NRAP 30(b)(1) and will not require court reporter Silvaggio to file additional copies of the requested transcripts with this court. We admonish court reporter Silvaggio and appellants for failing to comply with the Rules of Appellate Procedure regarding the preparation and filing of transcripts in this appeal. 00-06138
04/26/2000Order/DispositionalFiled Order Dismissing Appeal. Judgment: "We ORDER this appeal dismissed." SNP99B-WM/MS/NB. 00-06797
05/12/2000Filing FeeReceived Filing Fee Paid on Filing. $100 from Cook & Kelesis--check no. 5345.
05/12/2000Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 5/11/00 Fed-Ex. 00-07987
10/03/2000Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." SNP99B-WM/MS/NB 00-17419
10/19/2000RemittiturIssued Remittitur. 00-17505
10/19/2000Case Status Update Remittitur Issued/Case Closed.
11/29/2000RemittiturFiled Remittitur. Received by County Clerk on October 24, 2000. 00-17505