| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/23/2003 | Filing Fee | Filing Fee due. | | |
| 10/23/2003 | Notice of Appeal Documents | Filed 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.) | | 03-17639
|
| 10/23/2003 | Notice/Outgoing | Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days | | |
| 10/23/2003 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 11/05/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Palazzo Law Firm - check no. 4824. | | |
| 11/05/2003 | Filing Fee | Returned Filing Fee. Check No. 4831 returned to Palazzo Law Firm in the amount of $250.00 for the cost bond in the district court. | | |
| 11/05/2003 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy filed in district court on October 28, 2003. | | 03-18452
|
| 11/06/2003 | Notice/Incoming | Filed Substitution of Attorneys. David Schieck as attorney for respondents John P. O'Meara; Jom Enterprises; and Kerry Contractors in place and stead of Eric Dobberstein & Associates. | | 03-18654
|
| 12/12/2003 | Order/Procedural | Filed Order. to file Docketing Statement. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to comply timely may result in the imposition of sanctions, including dismissal of this appeal as abandoned. NRAP 14(c). | | 03-20748
|
| 12/26/2003 | Motion | Filed Motion. Appellant's Motion for Enlargement of Time to File Case Appeal Docketing Statement within case no. 42214. Nos. 40308/41411/41717/42214/42215 - only 40308/41411 are consolidated. | | 03-21500
|
| 04/19/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | | |
| 08/23/2004 | Notice/Outgoing | Issued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days. | | |
| 09/20/2004 | Motion | Filed Appellant's Reply to Respondent's Opposition to Motion to Consolidate Appeals, Appellant's Supplement to Respondents' Motion to Dismiss based upon failure to File a Timely Opening Brief and Appellant's Motion for a New Scheduling Order. Nos. 40308/41411/41717/42215/43650. | | 12-00986
|
| 10/05/2004 | Motion | Filed Response to Motion. Opposition to Respondent's Motion to Dismiss Based upon Failure to File a Timely Opening Brief and Motion for Further Consolidation and Entry of New Scheduling Order. Also filed in no. 43650 and consolidated cases 40308/41411/41717/42215. | | 04-18408
|
| 01/10/2005 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Based Upon Failure to File A Timely Opening Brief. | | 05-00533
|
| 02/17/2005 | Order/Procedural | Filed Order. to Request Transcripts and File docketing Statements, Granting Motion to Consolidate in Part, and Denying Motion to Dismiss. Motion to Consolidate. Appellant has moved to consolidate Nos. 42214 and 43650 with consolidated Nos. 40308, 41411, 41717 and 42215. Respondents oppose the motion to consolidate No. 43650, but not the motion to consolidate No. 42214. fn1[We note that on August 26, 2004, a document entitled 'Substitution of Attorneys' was filed in Nos. 40308, 41411, 41717 and 42215, substituting attorney JoNell Thomas in the place of attorney David M. Schieck. The substitution was not filed in Nos. 42214 and 43650. We direct the clerk of this court to substitute Ms. Thomas in the place of Mr. Schieck as counsel in No. 42214 and to designate Ms. Thomas as counsel for respondent John O'Meara in No. 43650.] We grant appellant's motion to the extent it seeks to consolidate No. 42214 with consolidated Nos. 40308, 41411, 41717 and 42215. We conclude that it is not judicially efficient for this court to consolidate No. 43650 with consolidated Nos. 40308, 41411, 41717, 42214 and 42215, and we deny, in part, appellant's motion to consolidate. Docketing Statements for Nos. 41717, 42214 and 42215. We deny the motion of December 26, 2003, for an extension of time to file the docketing statement in No. 42214. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement in No. 42214. Appellant shall have 10 days from the date of this order to file docketing statements in Nos. 41717 and 42215. Requesting Transcripts in Compliance With NRAP 9(a) in Nos. 40308, 41411, 41717, 42214 and 42215. On December 4, 2003, appellant filed transcript request forms in Nos. 40308, 41411, 41717 and 42215. On June 15, 2004, this court entered an order consolidating Nos. 40308, 41411, 41717 and 42215 and noting that the transcript request forms were deficient. On July 6, 2004, appellant filed amended transcript request forms in Nos. 40308, 41411, 41717 and 42215 requesting numerous transcripts from various court reporters. These transcript request forms are still deficient. fn2[Court reporter Kit MacDonald has also filed an affidavit informing this court of these inadequacies.] This court will take no action on the amended transcript request forms filed on July 6, 2004. We note that appellant has also failed to request transcripts in compliance with NRAP 9(a) in No. 42214. Appellant shall have 15 days from the date of this order to file and serve one single transcript request form requesting transcripts for consolidated Nos. 40308, 41411, 41717, 42214 and 42215. Motion to Dismiss Nos. 40308, 41411, 41717, 42214, 42215 and 43650. On August 26, 2004, and January 10, 2005, respondents John O'Meara, JOM Enterprises and Eric Dobberstein ('respondents') filed motions to dismiss these appeals based on appellant's failure to file the opening brief. Appellant opposes the motions. Respondents have moved for leave to file a reply in support of their August 26, 2004, motion. Appellant has opposed the motion. Cause appearing, we grant the motion for leave to file a reply. The clerk of this court shall file the reply received on September 24, 2004. We note that our June 15, 2004, order specifically directed appellant to file the opening brief in Nos. 40308, 41411, 41717 and 42215 by August 16, 2004. We note that prior to entry of the instant order, No. 42214 was not consolidated with Nos. 40308, 41411, 41717 and 42215 and thus had a separate briefing schedule. We conclude that appellant did not have good cause to believe that the opening brief in Nos. 40308, 41411, 41717 and 42215 was due at a later date. Because this court prefers to decide cases on their merits, we deny the motion to dismiss for failure to file the opening brief. Appellant shall have 30 days from the date of this order to file and serve a single opening brief and appendix in consolidated Nos. 40308, 41411, 41717, 42214 and 42215. T | | |
| 03/01/2005 | Docketing Statement | Filed Docketing Statement. In 41717. Nos. 40308/41411/41717/42214/42215 (05-03969). | | |
| 03/01/2005 | Docketing Statement | Filed Docketing Statement. In 42214. Nos. 40308/41411/41717/42214/42215. | | 05-03977
|
| 03/01/2005 | Docketing Statement | Filed Docketing Statement. In 42215. Nos. 40308/41411/41717/42214/42215 (05-03979). | | |
| 03/02/2005 | Docketing Statement | Filed Docketing Statement. Filed original copies of docketing statements in 41717, 42214 and 42215. Replaced the copies filed on 03/01/05 in correspondence files. Nos. 40308/41411/41717/42214/42215. | | 05-03977
|
| 03/08/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Consolidated Requests for Transcripts pursuant to Court Order. Transcripts requested: 4/14/03--Court Reporter Kit MacDonald; and 9/15/03--Court Reporter James Helleso. Nos. 40308/41411/41717/42214/42215 [05-04520] | | |
| 03/22/2005 | Motion | Filed Motion to Extend Time. Nos. 40308/41411/41717/42214/42215 (05-05565). | | |
| 03/25/2005 | Motion | Filed Response to Motion. Nos. 40308/41411/41717/42214/42215. [05-05887] | | |
| 03/31/2005 | Motion | Filed Motion. Appellant Maurice Rind's Reply to Opposition to Motion for Enlargement of Time; Appellant Maurice Rind's Opposition to Respondents' Moiton to Dismiss Appeal for Failure to File Opening Brief; Appellnat Maurice Rind's NRAP 28(g) (Page Limit of Briefs) & 30 (c)(2) (Page Limit of Appendix) Motion to Enlarge Page Limit of Consolidated Brief to 45 Pages. Nos. 40308/41411/41717/42214/42215. [05-06304] | | |
| 04/22/2005 | Transcript | Filed Transcript. Proceedings: 09/15/03. Court Reporter: James Helleso. Nos. 40308/41411/41717/42214/42215 (05-07949). | | |
| 04/22/2005 | Motion | Filed Motion to Extend Time. Issued Notice to Provide a Completed Proof of Service on all Parties. Nos. 40308/41411/41717/42214/42214 (05-07951). | | |
| 05/02/2005 | Notice/Incoming | Filed Proof of Service. - Motion for Enlargement of Time to File Opening Brief. Nos. 40308/41411/41717/42214/42215 (05-08640). | | |
| 05/02/2005 | Motion | Filed Response to Motion. Opposition to Motion for Enlargement of Time to File Opening Brief. Nos. 40308/41477/41717/42214/42215 (05-08645). | | |
| 05/06/2005 | Other | Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), the original and three copies of the document entitled, "Reply to Respondents' Opposition to Motion for Enlargement of Time to file Opening Brief. Nos. 40308/41411/41717/42214/42215. | | |
| 05/06/2005 | Brief | Received Opening Brief. Nos. 40308/41411/41717/42214/42215. (05-08917) | | |
| 05/06/2005 | Appendix | Received Appendix to Opening Brief. Volumes 1 through 5. Nos. 40308/41411/41717/42214/42215. (05-08918) | | |
| 05/11/2005 | Transcript | Filed Transcript. Proceedings: April 14, 2003. Court Reporter: Kit MacDonald. Nos. 40308/41411/41717/42214/42215. [05-09264] | | |
| 08/10/2005 | Order/Procedural | Filed Order. filing Opening Brief and Appendix. fn1[To the extent that the document filed by appellant on March 31, 2005, opposes respondents' motion to dismiss these appeals for failure to file the opening brief, we note that we denied such a motion in our February 17, 2005, order and will take no further action with respect to any opposition offered by appellant with respect to it.] We grant the motions for extensions of time and direct the clerk to file the opening brief and appendix received on May 6, 2005. Respondents shall have 30 days from the date of this order to file and serve their answering briefs. Appellant shall have 30 days from service of the answering briefs to file a serve a reply brief, if deemed necessary. Nos. 40308/ 41411/ 41717/ 42214/ 42215. (05-15764) | | |
| 08/10/2005 | Brief | Filed Opening Brief. Nos. 40308/ 41411/ 41717/ 42214/ 42215. (05-08917) | | |
| 08/10/2005 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 5. Nos. 40308/ 41411/ 41717/ 42214/ 42215. (05-08918) | | |
| 09/16/2005 | Motion | Filed Motion. Motion for Leave to File 49 Page Answering Brief and Motion for 5 Day Extension of Time for Filing Answering Brief. Nos. 40308/41411/41717/42214/42215 (05-18518). | | |
| 09/16/2005 | Brief | Received Answering Brief. Nos. 40308/41411/41717/42214/42215 (05-18520). | | |
| 09/16/2005 | Appendix | Received Appendix to Answering Brief. Vols. 1 and 2. Nos. 40308/41411/41717/42214/42215 (05-18521). | | |
| 10/17/2005 | Motion | Filed Motion. Motion for Leave to File 35-Page Reply Brief and Motion for 7 Day Extension of Time for Filing Brief. Nos. 40308/41411/41717/42214/42215 (05-20543). | | |
| 10/25/2005 | Brief | Received Reply Brief. Appellant Maurice Rind. Nos. 40308/41411/41717/42214/42215 (05-21103). | | |
| 11/07/2005 | Brief | Filed Supplemental Authorities. Notice of Supplemental Authority. Nos. 40308/41411/41717/42214/42215 (05-21899). | | |
| 02/13/2006 | Order/Procedural | Filed Order Granting Motion. The clerk shall file the answering brief and appendix received on September 16, 2005, and the reply brief received on October 25, 2005. Nos. 40308 / 41411 / 41717 /4 2214 / 42215. (06-03094) | | |
| 02/13/2006 | Brief | Filed Answering Brief. Nos. 40308/41411/41717/42214/42215. (05-18520) | | |
| 02/13/2006 | Appendix | Filed Appendix to Answering Brief. Volumes 1 and 2. Nos. 40308 / 41411 / 41717/ 42214 / 42215. (05-18521) | | |
| 02/13/2006 | Brief | Filed Reply Brief. Nos. 40308/41411/41717/42214/42215. (05-21103) | | |
| 03/06/2006 | Other | Disqualification of Justice Parraguirre. Sat in district court proceedings. | | |
| 06/29/2006 | Motion | Filed Motion. Motion to Withdraw as Attorney of Record. Nos. 40308/41411/41717/42214/42215. (06-13505) | | |
| 08/23/2006 | Order/Procedural | Filed Order Granting Motion. and Submitting for Decision. On June 29, 2006, attorney Louis Palazzo moved to withdraw as attorney of record for appellant. The clerk shall remove Mr. Palazzo as counsel of record for appellant in these consolidated appeals. These consolidated appeals shall stand submitted for decision as of the date of this order on the briefs, appendices and record. Nos. 40308/41411/41717/42214/42215. (06-17494) | | |
| 08/23/2006 | Case Status Update | Submitted for Decision. Nos. 40308/41411/41717/42214/42215. | | |
| 08/28/2006 | Other | Returned Mail. Order filed 08/23/06 addressed to Maurice Rind remailed to corrected address. Nos. 40308/41411/41717/42214/42215. | | |
| 10/06/2006 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgments of the district court AFFIRMED." Nos. 40308/41411/41717/42214/42215 SNP07M-RR/MG/WM | | 06-20572
|
| 10/13/2006 | Notice/Incoming | Filed Notice of Appearance. Elizabeth M. Ghanem of Ghanem & Sullican, LLP as counsel for appellant Maurice Rind. Nos. 40308/41411/41717/42214/42215 (06-21135). | | |
| 10/25/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Appellant's Petition for Rehearing. Nos. 40308/41411/41717/42214/42215. [06-21936] | | |
| 11/01/2006 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Ghanem & Sullivan - check no. 2621. 40308/41411/41717/42214/42215. | | |
| 11/17/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP07M-RR/MG/WM. Nos. 40308/41411/41717/42214/42215. | | 06-23680
|
| 11/29/2006 | Notice/Incoming | Filed Substitution of Attorneys. Jeremy T. Bergstrom of Miles, Bauer, Bergstrom & Winters, LLP in the place and stead of Elizabeth Ghanem of Ghanem & Sullivan as counsel for appellant. Nos. 40308/41411/41717/42214/42215 (06-24459). | | |
| 11/29/2006 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Nos. 40308/41411/41717/42214/42215. (06-24471) | | |
| 12/12/2006 | Remittitur | Issued Remittitur. | | 06-24413
|
| 12/12/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/18/2006 | Remittitur | Filed Remittitur. Received by County Clerk on December 15, 2006.clerk1
2/28/06 Order: remittiturs recalled. Nos. 40308/ 41411/ 41717/ 42214/42215.jcr | | 06-24413
|
| 12/28/2006 | Order/Procedural | Filed Order. Directing Answer to Petition for En Banc Reconsideration. Respondent shall have 15 days from the date of this order to file and serve an answer to the petition. We recall the remittitur issued in these appeals and stay their issuance pending resolution of the petition for en banc reconsideration. Nos. 40308/ 41411/ 41717/ 42214/42215. (06-26609) | | |
| 01/08/2007 | Post-Judgment Petition | Filed Answer to Petition for En Banc Reconsideration. Nos. 40308/41411/41717/42214/42215. [07-00455] | | |
| 03/01/2007 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1[The Honorable Ron Parraguirre and Michael L. Douglas, Associate Justices, did not participate in the decision of this matter.] EN BANC. Nos. 40308/41411/41717/42214/42215 | | 07-04956
|
| 03/01/2007 | Remittitur | Issued Remittitur. | | 07-04974
|
| 03/01/2007 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/14/2007 | Remittitur | Filed Remittitur. Received by County Clerk on March 5, 2007. | | 07-04974
|
| 06/11/2007 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed May 30, 2007 and placed on the docket as Case Nos. 41411/41717/42214/42215 (07-12691). | | |
| 10/10/2007 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. Nos. 40308/41411/41717/42214/42215 (07-22407). | | |