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United States Court Cases

Nevada Supreme/Appellate Court Record

NEVADA CONSTR. CLEAN-UP VS. CLARK CO. HEALTH DIST.

Case Information: 42219
Short Caption:NEVADA CONSTR. CLEAN-UP VS. CLARK CO. HEALTH DIST.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A460706Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/11/2005 / Saint-Aubin, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/23/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from L. Earl Hawley--check no. 18844.
10/23/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 03-17677
10/28/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/05/2003Notice/IncomingFiled Proof of Service. for Notice of Appeal. 03-18413
11/05/2003Notice/IncomingFiled Notice. 03-18414
11/05/2003Docketing StatementFiled Docketing Statement. 03-18415
11/05/2003Notice/Outgoing Letter. William F. Buchanan. (docketing statement)
11/07/2003Notice/OutgoingIssued Notice to Attorney General: Certification of Constitutional Issue. 03-18607
01/07/2004TranscriptFiled Transcript. Proceedings: 03/10/03 and 09/02/03. Court Reporter: Yvonne M. Yalentin. 04-13226
01/15/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: February 6, 2004. 04-00906
02/17/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-02971
03/10/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. 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). 04-04534
04/05/2004TranscriptFiled Transcript. Proceedings: 3/10/03, 9/2/03. Court Reporter: Yvonne Valentin. 04-06238
04/30/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). To date appellant has failed to file a transcript request form. We note, however, that on April 5, 2004, court reporter Yvonne Valentin filed certified copies of transcripts for proceedings conducted on March 10, 2003, and September 2, 2003. If appellant will be relying only on the March 10, 2003, and September 2, 2003, transcripts, appellant shall, within 10 days from the date of this order, file and serve a certificate that no additional transcripts are needed. Otherwise, appellant shall file a transcript request form specifying the specific dates of the trial or hearings to be transcribed. 04-07945
05/11/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 03/10/03 and 09/02/03. 04-08736
06/30/2004MotionFiled Motion and Order/Excess Pages. Motion for Leave to File Opening Brief in Excess of Thirty Pages. Granted: 34 pages. 04-12031
06/30/2004BriefFiled Opening Brief. 04-12032
06/30/2004Other Other. Filed Addendum to Appellant's Opening Brief. 04-12034
07/30/2004MotionFiled Motion to Consolidate. Nos. 42219/43627/43630. 04-13853
08/02/2004MotionFiled Stipulation and Order. Brief due: August 6, 2004. 04-13982
08/06/2004BriefFiled Answering Brief. 04-14256
08/06/2004AppendixFiled Appendix to Answering Brief. 04-14257
09/02/2004BriefFiled Reply Brief. 04-15980
04/26/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued as follows: The parties agreed to consolidate case no. 42219 with cases 43630 and 43627 and to return case 42219 to the settlement conference program. The parties shall reduce their settlement agreement to writing within 30 days. Settlement is contingent upon additional action by Clark County. Process will remain open for 4 months with at least monthly progress reports to the settlement judge and bi-monthly settlement status reports to the Court. 05-08180
05/10/2005Order/ProceduralFiled Order. Order Reassigning Docket No. 42219 to the Settlement Conference Program and Denying Motions as Moot. The appeal in Docket No. 42219 was docketed in this court on October 23, 2003. The parties were unable to agree to a settlement, and this court entered an order reinstating briefing. Briefing of that appeal was completed on September 2, 2004. The appeals in Docket Nos. 43627 and 43630 were docketed in this court on July 19, 2004. The settlement judge filed a report indicating that parties have been working towards a settlement of all three appeals. The parties request that the appeal in Docket No. 42219 be returned to the settlement conference program and that all three appeals be consolidated. We grant the parties' requests in part. The clerk shall reassign the appeal in Docket No. 42219 to the settlement conference program. Although we decline to consolidate these appeals at this time, these appeals may be consolidated for purposes of disposition upon completion of briefing in all appeals should the parties fail to finalize their settlement agreement and these appeals are removed from the settlement conference program. The settlement judge shall file an updated status report within 30 days from the date of this order, and every 45 days thereafter. Should the parties' settlement become final, the settlement judge shall file a final settlement report immediately, and appellant shall file motion or stipulation to dismiss these related appeals. fn1[In light of this order, appellant's 'Motion to Bypass Settlement Program,' filed in Docket Nos. 43627 and 43630, and 'Motion to Consolidate' filed in all three appeals, are denied as moot.] Nos. 42219/43627/43630 – cases are not consolidated. 05-09106
05/11/2005Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Robert F. Saint-Aubin.
05/17/2005Order/ProceduralFiled Order. Correcting Clerical Error. This court's order entered in these related appeals on May 10, 2005, contained two clerical errors. That order should be amended by replacing the reference to 'Docket No. 42119' in the title and on the second page of the order with 'Docket No. 42219.' Nos. 42219/43627/43630 – cases are not consolidated. 05-09582
07/11/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. Nos. 42219/43627/43630-cases are not consolidated. 05-13678
09/29/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. Nos. 42219/43627/43630-cases are not consolidated. 05-19370
11/18/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. 05-22827
11/18/2005Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. 05-22828
12/12/2005Order/DispositionalFiled Stipulated Dismissal. Order Dismissing Appeals and Remanding to the District Court. Pursuant to the settlement conference, the stipulation of the parties and cause appearing, " . . . we dismiss these appeals." The parties shall bear their own costs. NRAP 42(b). These matters are remanded to the district court to conduct appropriate proceedings necessary for the parties to fulfill the terms of their settlement agreement. In the event the district court declines to grant he requested relief, appellant may file a motion to reinstate these appeals. SNP06-WM/MG/JH. Nos. 42219/43627/43630 - cases are not consolidated. 05-24174
12/12/2005Case Status Update Case Closed. No remittitur issued.