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United States Court Cases

Nevada Supreme/Appellate Court Record

DAVIS VS. TURUJMAN

Case Information: 34876
Short Caption:DAVIS VS. TURUJMANCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A396081Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/30/1999 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/02/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/24/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Allstate--check no. 73472372.
09/24/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-09106
09/30/1999Settlement NoticeIssued 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.)
03/17/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 5, 2000. 00-04267
06/13/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 28, 2000. 00-10010
07/31/2000Notice/IncomingFiled Notice of Association of Counsel. Representing appellant: Phillip R. Emerson and the law firm of Ashby & Emerson. 00-13198
09/25/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: week of October 23-27, 2000. 00-16889
10/03/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. 00-17538
10/12/2000Order/ProceduralFiled 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
11/15/2000Notice/IncomingFiled Notice. Appellant, James Davis' Status on Appeal. 00-20013
11/16/2000Notice/Outgoing Letter. Lansford W. Levitt.
11/22/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 29, 2000. 00-20575
12/07/2000Settlement Program ReportFiled Interim Settlement Program Report. Recommendation for sanctions is appended. 00-21357
12/13/2000Settlement Order/ProceduralFiled 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
01/02/2001Docketing StatementFiled Docketing Statement. 01-00011
01/16/2001MotionFiled Motion. Motion for Remand or in the Alternative to Stay Appeal Pending Determination of Validity of Settlement Agreement. 01-00898
01/26/2001MotionFiled 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
02/05/2001Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)),
02/07/2001Other 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.
11/28/2001Order/ProceduralFiled 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
01/25/2002MotionFiled Motion. Status of Motion for Certification under Huneycutt Regarding Enforcement of Settlement Agreement and Request for Additional Time. 02-01758
01/31/2002MotionFiled Response to Motion. Appellant, James Davis' Opposition to Respondent's Request for Additional Time Regarding Respondent's Certification Under Huneycutt. 02-02098
02/04/2002Order/ProceduralFiled 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
02/11/2002Notice/IncomingFiled Notice. Notice of District Court Order Certifying Settlement Agreement Enforcement. 02-02723
03/04/2002MotionFiled 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
05/13/2002Notice/IncomingFiled Status Report. Status of District Court Activity Regarding Certification Under Huneycutt. 02-08363
08/13/2002Order/ProceduralFiled 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
08/28/2002Notice/IncomingFiled Status Report. Appellant, James Davis' Status on Motion for Rehearing. 02-14767
09/03/2002Notice/IncomingFiled 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
02/24/2003Order/ProceduralFiled 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
03/17/2003MotionFiled Motion to Extend Time. Motion to Extend Time Within Which to File the Request for Transcript of Proceedings. 03-04505
06/18/2003MotionFiled Motion to Dismiss Appeal. 03-10189
06/20/2003MotionFiled Motion to Extend Time. (First request) 03-10342
06/20/2003Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
06/20/2003Transcript RequestFiled Certificate of No Transcript Request. 03-10343
06/26/2003MotionFiled 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
06/27/2003MotionFiled 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
07/03/2003Notice/IncomingFiled Proof of Service. Receipt of Copy (Appellant's Motion to Extend Time Within Which to File the Opening Brief). 03-11190
07/03/2003Notice/IncomingFiled Proof of Service. Receipt of Copy (Appellant's Certificate of No Transcript of Proceedings). 03-11191
07/25/2003Order/ProceduralFiled 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
08/11/2003BriefFiled Opening Brief. 03-13373
08/11/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 03-13374
08/18/2003Notice/IncomingFiled Proof of Service. --Receipt of Copy (Appellant's Appendix). 03-13756
09/11/2003BriefFiled Answering Brief. 03-15240
09/11/2003AppendixFiled Appendix to Answering Brief. 03-15241
10/23/2003Case Status Update Briefing Completed. No reply brief filed.
06/02/2004Order/ProceduralFiled 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
06/02/2004Case Status Update Submitted for Decision.
08/25/2004Order/DispositionalFiled 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
09/21/2004RemittiturIssued Remittitur. 04-15822
09/21/2004Case Status Update Remittitur Issued/Case Closed.
10/04/2004RemittiturFiled Remittitur. Received by County Clerk on September 23, 2004. 04-15822