| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/24/1999 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Allstate--check no. 73472372. | | |
| 09/24/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | | 99-09106
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| 09/30/1999 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
| 03/17/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: May 5, 2000. | | 00-04267
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| 06/13/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: July 28, 2000. | | 00-10010
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| 07/31/2000 | Notice/Incoming | Filed Notice of Association of Counsel. Representing appellant: Phillip R. Emerson and the law firm of Ashby & Emerson. | | 00-13198
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| 09/25/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: week of October 23-27, 2000. | | 00-16889
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| 10/03/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The parties have agreed to a settlement of this matter. | | 00-17538
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| 10/12/2000 | Order/Procedural | Filed Order. The settlement judge has filed a report indicating that the parties have agreed to a settlement of this appeal. Appellant has 30 days to file a stipulation or motion to dismiss or otherwise inform this court of the status of this appeal. | | 00-18047
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| 11/15/2000 | Notice/Incoming | Filed Notice. Appellant, James Davis' Status on Appeal. | | 00-20013
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| 11/16/2000 | Notice/Outgoing | Letter. Lansford W. Levitt. | | |
| 11/22/2000 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: November 29, 2000. | | 00-20575
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| 12/07/2000 | Settlement Program Report | Filed Interim Settlement Program Report. Recommendation for sanctions is appended. | | 00-21357
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| 12/13/2000 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The settlement judge recommends the imposition of a monetary sanctions against attorney Emerson in the amount of $500. Attorney Emerson shall have 15 days from the date of this order to show cause why this court should not act upon the settlement judge's determination and recommendation. This appeal shall proceed, as no settlement has been reached. Appellant shall, within fifteen days from the date of this order, file the docketing statement. 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). (Docketing statement mailed to Ashby firm and Leach firm, counsel for appellant.) | | 00-21824
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| 01/02/2001 | Docketing Statement | Filed Docketing Statement. | | 01-00011
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| 01/16/2001 | Motion | Filed Motion. Motion for Remand or in the Alternative to Stay Appeal Pending Determination of Validity of Settlement Agreement. | | 01-00898
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| 01/26/2001 | Motion | Filed Response to Motion. Appellant, James Davis' Opposition to Plaintiff's Motion for Remand or in the Alternative to Stay Appeal Pending Determination of Validity of Settlement Agreement. | | 01-01722
|
| 02/05/2001 | Other | Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), | | |
| 02/07/2001 | Other | Other. Received copy of letter from Law Librarian Susan Southwick addressed to law firm of Ashby & Emerson. She received a check in the amount of $250 which they submitted in payment of sanctions recommended by the settlement judge. However, this court has not actually imposed the sanctions, therefore she is returning the check to them. | | |
| 11/28/2001 | Order/Procedural | Filed Order. The settlement judge filed a report determining that attorney Phillip R. Emerson, counsel for appellant, failed to participate in good faith in the settlement conference process and recommended the imposition of monetary sanctions against Mr. Emerson in the amount of $500. We conclude that Mr. Emerson's mistake in communicating the settlement offer does not rise to the level of bad faith participation warranting sanctions under NRAP 16(g). Accordingly, we decline to impose sanctions against Mr. Emerson. Respondent has filed a motion for remand or, in the alternative, to stay this appeal pending a determination by the district court regarding the validity of the parties' settlement agreement. Appellant opposes the motion. It seems appropriate to allow the parties to seek a determination regarding the validity of the agreement, prior to continuing with this appeal. We defer ruling on respondent's motion for remand. Respondent shall have 60 days from the date of this order to file in this court a copy of an order of the district court certifying that it is inclined to grant a motion to enforce the settlement agreement. If respondent is unable to obtain Huneycutt certification, he shall so inform this court in writing within the same time period. | | 01-19890
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| 01/25/2002 | Motion | Filed Motion. Status of Motion for Certification under Huneycutt Regarding Enforcement of Settlement Agreement and Request for Additional Time. | | 02-01758
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| 01/31/2002 | Motion | Filed Response to Motion. Appellant, James Davis' Opposition to Respondent's Request for Additional Time Regarding Respondent's Certification Under Huneycutt. | | 02-02098
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| 02/04/2002 | Order/Procedural | Filed Order Granting Motion. filed January 25, 2002. Appellant opposes the request. Respondent shall have 15 days from the date of this order to file in this court a copy of an order of the district court certifying that it is inclined to grant a motion to enforce the parties' settlement agreement. If respondent is unable to obtain Huneycutt certification, he shall so inform this court in writing within the same time period. | | 02-02205
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| 02/11/2002 | Notice/Incoming | Filed Notice. Notice of District Court Order Certifying Settlement Agreement Enforcement. | | 02-02723
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| 03/04/2002 | Motion | Filed Motion. Appellant, James Davis' Motion to Request that the Supreme Court Defer Its Ruling on Dismissal Pending the Resolution of Appellant's District Court Motion for Reconsideration. | | 02-03860
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| 05/13/2002 | Notice/Incoming | Filed Status Report. Status of District Court Activity Regarding Certification Under Huneycutt. | | 02-08363
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| 08/13/2002 | Order/Procedural | Filed Order Granting Motion. We grant appellant's motion to defer ruling on the motion for remand, pending the district court's resolution of appellant's motion for reconsideration. Appellant shall have 30 days from the date of this order to file a report informing this court of the status of his motion for reconsideration. | | 02-13869
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| 08/28/2002 | Notice/Incoming | Filed Status Report. Appellant, James Davis' Status on Motion for Rehearing. | | 02-14767
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| 09/03/2002 | Notice/Incoming | Filed Status Report. Status of District Court Activity and Request that Judge Earl's Order be Stricken or if it is Ordered that the Appeal Proceed, that this Court Review Judge Earl's Denial of Huneycutt Certification. | | 02-15206
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| 02/24/2003 | Order/Procedural | Filed Order/Briefing Reinstated. On August 28, 2002, appellant filed a status report informing this court that the district court granted his motion for reconsideration and denied Huneycutt certification. We deny respondent's motion for remand, and we reinstate the time deadlines for requesting transcripts and filing briefs in 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). On September 3, 2002, respondent filed a motion requesting that this court review the district court's order granting reconsideration and denying Huneycutt certification. The grant or denial of a motion for Huneycutt certification is entirely within the district court's discretion and such an order is not an appeal order. We deny respondent's motion. | | 03-03043
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| 03/17/2003 | Motion | Filed Motion to Extend Time. Motion to Extend Time Within Which to File the Request for Transcript of Proceedings. | | 03-04505
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| 06/18/2003 | Motion | Filed Motion to Dismiss Appeal. | | 03-10189
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| 06/20/2003 | Motion | Filed Motion to Extend Time. (First request) | | 03-10342
|
| 06/20/2003 | Notice/Outgoing | Issued Notice to Provide Proof of Service. Due date: 10 days. | | |
| 06/20/2003 | Transcript Request | Filed Certificate of No Transcript Request. | | 03-10343
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| 06/26/2003 | Motion | Filed Response to Motion. Memorandum of Points and Authorities in Opposition to Appellant's Motion to Extend Time within which to File the Opening Brief. | | 03-10702
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| 06/27/2003 | Motion | Filed Response to Motion. Appellant, James Davis' Response to Respondent's Motion to Dismiss Appeal for Failure to Comply with N.R.A.P. 9(a). | | 03-10852
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| 07/03/2003 | Notice/Incoming | Filed Proof of Service. Receipt of Copy (Appellant's Motion to Extend Time Within Which to File the Opening Brief). | | 03-11190
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| 07/03/2003 | Notice/Incoming | Filed Proof of Service. Receipt of Copy (Appellant's Certificate of No Transcript of Proceedings). | | 03-11191
|
| 07/25/2003 | Order/Procedural | Filed Order. On March 17, 2003, appellant filed a motion for an extension of 45-60 days to comply with NRAP 9(a). On June 20, 2003, appellant complied with NRAP 9(a) by filing a certificate indicating that no transcripts are being requested. We note that appellant did not comply with NRAP 9(a) by the extended date requested in his March 17, 2003, motion. Accordingly, we deny the motion as moot. On June 18, 2003, respondent filed a motion to dismiss this appeal for failure to comply with NRAP 9(a). Appellant opposes the motion. We note that this court prefers to decide cases on their merits, as indicated above, appellant has complied with NRAP 9(a). Accordingly, we deny respondent's motion to dismiss this appeal for failure to comply with NRAP 9(a). On June 20, 2003, appellant filed a motion for an extension of 60-90 days to file the opening brief and appendix. Respondent opposes the motion. As noted above, because this court prefers to decide cases on their merits, we deny the request to dismiss this appeal. We conclude that appellant did not present good cause for the extension of time to file the opening brief and appendix, and we thus grant the motion in part. NRAP 31(a)(1). Appellant shall file the opening brief and appendix within 15 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-12625
|
| 08/11/2003 | Brief | Filed Opening Brief. | | 03-13373
|
| 08/11/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 3. | | 03-13374
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| 08/18/2003 | Notice/Incoming | Filed Proof of Service. --Receipt of Copy (Appellant's Appendix). | | 03-13756
|
| 09/11/2003 | Brief | Filed Answering Brief. | | 03-15240
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| 09/11/2003 | Appendix | Filed Appendix to Answering Brief. | | 03-15241
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| 10/23/2003 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 06/02/2004 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. SNP04D-RR/WM/MD. | | 04-10138
|
| 06/02/2004 | Case Status Update | Submitted for Decision. | | |
| 08/25/2004 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal and Remand. "We reverse the district court's judgment and remand this matter to the district court with instructions to vacate its order striking the trial de novo request and to proceed with Case No. A396081." SNP04D-RR/WM/MD | | 04-15401
|
| 09/21/2004 | Remittitur | Issued Remittitur. | | 04-15822
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| 09/21/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/04/2004 | Remittitur | Filed Remittitur. Received by County Clerk on September 23, 2004. | | 04-15822
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