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United States Court Cases

Nevada Supreme/Appellate Court Record

CLAIR VS. CARPENTER-BLOCK C/W 35577

Case Information: 33496
Short Caption:CLAIR VS. CARPENTER-BLOCK C/W 35577Court:Supreme Court
Consolidated:33496*, 35577 Related Case(s): 35577
Lower Court Case(s):Clark Co. - Eighth Judicial District - A381267Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/04/1999 / Cohen, LarrySP Status:Completed
Oral Argument:09/10/2001 at 2:00 PMOral Argument Location:Las Vegas Office
Submission Date:09/10/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/18/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day (docketing statement mailed to counsel for appellant). 98-00441
12/18/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Ken R. Ashworth-check no. 1238.
01/04/1999Docketing StatementFiled Docketing Statement. 99-00007
01/05/1999Letter/IncomingFiled Letter. Copy of letter to court reporter Sharlene Nicholson requesting transcripts. 99-00017
01/07/1999TranscriptFiled Transcript. November 16, 1998 Proceedings: Court Reporter: Sharleen Nicholson. 99-00082
01/08/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Harry Claiborne. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/22/1999Letter/IncomingFiled Letter. Letter from Settlement Judge Claiborne (with attachments) recusing himself in this matter. 99-01170
03/04/1999Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Larry J. Cohen.
04/08/1999MotionFiled Motion for Stay. Appellant's Motion for Stay of Civil Money Default Judgment Enforcement and all Trial Proceeding. 99-02657
04/15/1999Notice/IncomingFiled Notice. Notice of Lodging Original Affidavit of John Benedict in Support of Appellant's Motion for Stay of Civil Money Default Judgment Enforcement and all Trial Proceedings. 99-02941
04/22/1999MotionFiled Response to Motion. Respondents Opposition to Appellants Motion for Stay of Civil Money Default Judgment 99-03160
05/11/1999Order/ProceduralFiled Order Denying Motion. We have considered appellants' motion for a stay of a civil default judgment. We deny the motion. 99-03812
09/02/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-08255
09/28/1999Order/ProceduralFiled Order. Pursuant to NRAP 16(g), the settlement judge has filed a report indicating that the parties were unable to agree to a settlement of this matter. Nevertheless, the time deadlines for requesting and preparing transcripts and briefing shall remain suspended pending a jurisdictional review of this appeal and futher order of this court. 99-09243
10/18/1999Order/ProceduralFiled Order/Show Cause. Response due: 30 days from the date of this order. The preparation of transcripts and briefing schedule in this appeal shall remain suspended pending further order of this court. 99-10067
11/15/1999MotionFiled Response to Order to Show Cause. Appellant's Response to October 18, 1999 Order to Show Cause. 99-11215
12/15/1999Order/ProceduralFiled Order. Order Dismissing Appeal in Part and Reinstating Briefing. We dismiss this appeal with respect to the district court's order denying appellant's motion for reconsideration. Appellant shall have 70 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 99-12644
02/16/2000MotionFiled Motion. Appellant's Notice of Motion and Motion to Consoldate Appeals per NRAP3(b) and Motion to Extend Time to File Opening Brief (nos. 33496/35577). 00-02470
02/22/2000Order/ProceduralFiled Order/Consolidation. We consolidate the above-entitled appeals for all appellate purposes. We vacate the settlement conferrence notice issued in Docket No. 35577. We grant appellant's motion for an extesnion of time to file the opening brief in Docket No. 33496. Appellant shall have 30 days from the date of this order to file a single opening brief and appendix in both appeals. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 33496, 35577. 00-02731
03/22/2000BriefFiled Opening Brief. Mailed on: Fed Ex 3/21/00. Nos. 33496 & 35577. 00-04543
03/22/2000AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. Nos. 33496 & 35577. 00-04545
04/25/2000BriefFiled Answering Brief. Mailed on: Las Vegas Drop Box 4/24/00. (Nos. 33496 and 35577). STRICKEN BY ORDER 06/27/00 00-06674
04/25/2000AppendixFiled Appendix to Answering Brief. (Nos. 33496 and 35577). 00-06675
05/18/2000MotionFiled Motion to Strike. Motion to Strike Respondent's Brief. 00-08310
05/18/2000MotionFiled Motion to Extend Time. Appellant's Motion to Enlarge Time to File Reply Brief. 00-08311
05/31/2000MotionFiled Response to Motion. Opposition to Appellant's Motion to Enlarge Time and Motion to Strike Respondent's Brief (nos. 33496/35577). 00-09123
06/27/2000Order/ProceduralFiled Order. We grant appellant's motion to strike respondent's answering brief on the ground that the brief is not in compliance with NRAP 28(e). The clerk of this court shall strike respondent's answering brief. Respondent shall have 20 days from the date of this order to file and serve an amended answering brief. On May 18, 2000, appellant filed a motion to enlarge time to file appellant's reply brief. We grant appellant's motion. Appellant shall have 30 days from the date respondent's amended answering brief is served to file and serve the reply brief. Nos. 33496, 35577. Respondent's Answering Brief filed 04/25/00-STRICKEN. 00-11000
07/12/2000BriefFiled Amended Brief. Respondent's Amended Answering Brief. (Nos. 33496 & 35577.) Mailed on: Las Vegas Drop Box 7/10/00. 00-11958
07/21/2000Notice/IncomingFiled Notice. Change of Law Firm Name. 00-12654
08/09/2000MotionFiled Motion to Extend Time. Nos. 33496, 35577. 00-13828
08/10/2000MotionFiled Motion to Strike. Appellant's Motion to Strike Amended Answering Brief; and to Grant Unopposed Appeal; Affidavit of John Benedict. Nos. 33496/35577. 00-13979
08/21/2000MotionFiled Response to Motion. Opposition to Appellant's Motion to Strike Amended Brief to Grant Unopposed Appeal (nos. 33496/35577). 00-14658
01/26/2001Order/ProceduralFiled Order. In the interests of judicial efficiency, we deny appellant's "Motion To Strike Amended Answering Brief; And To Grant Unopposed Appeal." We caution respondent, however, that, when taking this matter under consideration, this court will disregard any factual assertions in respondent's answering brief that are not supported by citations to the record. Further, this court will also disregard any matters not properly presented before this court. Although appellant has requested the imposition of sanctions against respondent and his counsel, we conclude that sanctions are not warranted at this time. However, upon further review of the documents filed with this court, we may determine that sanctions are warranted. On August 9, 2000, appellant filed a motion for an extension of time to file the reply brief. Cause appearing, we grant appellant's unopposed motion. Appellant shall have 30 days from the date of this order to file and serve the reply brief in these consolidated appeals (nos. 33496/35577). 01-01713
01/26/2001Settlement Program ReportFiled Interim Settlement Program Report. Settlement Judge recommends this case be removed from the settlement conference program and that the Court resolve this matter on the merits. (Nos. 33496 and 35577). 01-01788
02/26/2001BriefFiled Reply Brief. Mailed on: Fed Ex 02/23/01. Nos. 33496/35577. 01-03539
03/29/2001Order/ProceduralFiled Order. On February 17, 2000, appellant in Docket Number 35577 filed a transcript request form requesting the preparation of a transcript by court reporter Kris Cornelius. Court reporter Cornelius shall have 20 days from the date of this order to prepare and file the transcript for proceedings conducted on January 19, 2000. If more time is needed to complete the preparation of the requested transcript, court reporter Cornelius shall, within the same time period, file a motion with this court requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, court reporter Cornelius shall notify this court, in writing. Nos. 33496/35577. (01-05456) 01-05456
04/18/2001TranscriptFiled Transcript. Proceedings: January 18, 2000. Court Reporter: Kristine Cornelius. Nos. 33496/35577 01-06638
07/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 10, 2001, at 2:00 p.m. (SNP02-CY/DA/ML) (Nos. 33496 and 35577)
08/27/2001Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 33496 and 35577)
09/10/2001Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP02-CY/DA/ML. Nos. 33496/35577.
10/05/2001Order/DispositionalFiled Order of Affirmance. We "AFFIRM the orders of the district court." SNP02 - CY/ML - DA dissenting. Nos. 33496/35577. 01-16780
10/30/2001RemittiturIssued Remittitur. 01-16940
10/30/2001Case Status Update Remittitur Issued/Case Closed.
11/09/2001RemittiturFiled Remittitur. Received by County Clerk on November 2, 2001. 01-16940