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United States Court Cases

Nevada Supreme/Appellate Court Record

MASON VS. CUISENAIRE

Case Information: 40338
Short Caption:MASON VS. CUISENAIRECourt:Supreme Court
Related Case(s): 42584 , 49293
Lower Court Case(s):Clark Co. - Eighth Judicial District - D273923Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/24/2002 / Trost, JanetSP Status:Completed
Oral Argument:04/05/2005 at 10:30 AMOral Argument Location:Carson City
Submission Date:04/05/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/15/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Douglas J. Gardner--check no. 6331.
10/15/2002Notice 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.) 02-17802
10/24/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Janet Trost. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/01/2002Docketing StatementFiled Docketing Statement. 02-18842
11/04/2002Notice/Outgoing Letter. Janet Trost. (Docketing statement)
12/30/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 02-22181
04/24/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-06991
05/05/2003Settlement 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). 03-07513
05/22/2003Transcript RequestFiled Certificate of No Transcript Request. 03-08702
08/29/2003MotionFiled Stipulation and Order. Brief due: October 1, 2003 03-14613
10/03/2003BriefFiled Opening Brief. 03-16480
10/03/2003AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 03-16481
10/20/2003MotionFiled Stipulation and Order. Brief due: December 3, 2003. 03-17419
12/08/2003MotionFiled Motion and Order/Excess Pages. Granted: 45 pages. 03-20403
12/08/2003BriefFiled Answering Brief. 03-20404
12/08/2003AppendixFiled Appendix to Answering Brief. 03-20405
12/22/2003MotionFiled Stipulation and Order. Brief due: February 6, 2004. 03-21261
01/06/2004MotionFiled Motion for Stay. Appellant's Motion for Stay Pending Appeal and to Lift and/or Quash the Writ of Execution and the Writ of Garnishment or, in the Alternative, Appellant's Petition of a Writ of Mandamus and/or Prohibition. Nos. 40338/42584 - not consolidated. 04-00268
01/12/2004MotionFiled Response to Motion. Response in Oppositin to "Appellant's Motion for Stay Pending Appeal and to Lift and/or Quash the Writ of Execution and the Writ of Garnishment or, in the alternative, Appellant's Petition for a Writ of Mandamus and/or Prohibition." 04-00664
02/02/2004MotionFiled Motion to Extend Time. 04-02125
02/09/2004Order/ProceduralFiled Order Granting Motion. filed February 2, 2004. Appellant shall have until April 6, 2004, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-02429
04/08/2004BriefFiled Reply Brief. 04-06503
05/06/2004Order/ProceduralFiled Order. Deny Stay. In deciding whether to grant a stay pending appeal, this court considers four factors. Appellant has not demonstrated that these factors militate in favor of a stay. Accordingly, we deny appellant's motion. 04-08368
11/23/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 18, 2005, at 2:00 p.m. (NNP05-WM/MD/RP)
01/03/2005MotionFiled Stipulation. to Reschedule Oral Argument. 05-00082
01/04/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
01/10/2005Order/ProceduralFiled Order. Approving Stipulation in Part. We approve the parties' stipulation to continue the oral argument of this matter. Because oral argument will be heard before the Northern Nevada Panel, the oral argument shall be heard in Carson. We vacate the oral argument presently scheduled for January 18 at 2:00 p.m., and direct the clerk of this court to reschedule this appeal for argument before the Northern Nevada Panel on the next available calendar. Argument shall be limited to 30 minutes. 05-00510
02/22/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 12, 2005, at 11:00 a.m. (NNP05-WM/MD/RP)
02/28/2005Order/ProceduralFiled Order. Re: En Banc Consideration. This appeal is scheduled for oral argument before the Northern Nevada Panel on April 12, 2005, at 11:00 a.m. Upon further review, we have determined that en banc consideration of this appeal is warranted. Accordingly, we direct the clerk of this court to vacate the oral argument before the Northern Nevada Panel and schedule this appeal for oral argument before the En Banc Court on April 5, 2005, at 10:30 a.m. Argument shall remain limited to 30 minutes. 05-03899
02/28/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on April 5, 2005 at 10:30 a.m. (En Banc)
03/22/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
04/01/2005Notice/IncomingFiled Notice of Association of Counsel. Representing appellant: Daniel F. Polsenberg and Beau Sterling of the law firm of Beckley Singleton. (Filed via fax.) 05-06487
04/04/2005Notice/IncomingFiled Notice of Association of Counsel. Representing appellant: Daniel F. Polsenberg and Beau Sterling of the law firm of Beckley Singleton. (Original--filed via fax on 4/1/05.) 05-06487
04/05/2005Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
10/07/2005Order/ProceduralFiled Order. Suggestion of death and motion for substitution of a personal representative due from appellant: 20 days. Failure to comply with this order may result in the dismissal of this appeal as abandoned. 05-19914
10/27/2005Notice/IncomingFiled Notice. Suggestion of Death on the Record. 05-21352
10/27/2005MotionFiled Motion to Extend Time. Notice that Additional Time is Needed for the Substitution of a Personal Representative. 05-21353
10/27/2005Notice/IncomingFiled Notice. Notice of Moot Issues on Appeal. 05-21354
10/31/2005MotionFiled Motion. Motion for Permission to File Response. 05-21445
11/07/2005MotionFiled Response to Motion. Opposition to Motion for Permission to file Response. 05-21912
11/16/2005Order/ProceduralFiled Order. Motion for substitution of a personal representative from appellant due: 30 days. We deny respondent's motion for leave to file a response and appellant's alternative request for leave to file a supplemental brief. The clerk shall return, unfiled, the propose response provisionally submitted by respondent on October 31, 2005. 05-22535
11/16/2005Other Other. Returned unfiled to Willick Law Group, Respondent's Response to Order Issued 10/7/05 received on October 31, 2005.
11/18/2005MotionFiled Motion. Motion for Permission to File Amendment to Response. 05-22850
11/18/2005Other Other. Received Respondent's Amendment to Response to Order Issued 10/7/05. 12/22/05 Order: returned unfiled.jcr 05-22851
12/19/2005MotionFiled Motion. Motion for the Substitution of a Personal Representative. 05-24655
12/22/2005Order/ProceduralFiled Order. The clerk shall modify the caption by substituting "Jennifer Mae Mason, Executrix of the Estate of Rod E. Mason, Deceased," in place of Rod E. Mason. We deny respondent's November 18, 2005, motion. The clerk shall return, unfiled, "Respondent's Amendment to Response to Order Issued 10/7/05," provisionally received on November 18, 2005. 05-24992
12/22/2005Other Returned Unfiled Document. Respondent's Amendment to Response to Order Issued 10/7/05, provisionally received on November 18, 2005, to attorney Marshal S. Willick.
02/09/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded with instructions." Before the Court EN BANC. Author: Parraguirre, J. We concur: Rose, C.J., Becker, Gibbons, Maupin, Douglas and Hardesty, JJ. 122 Nev. Adv. Opn. No. 6. EN BANC. 06-02870
03/07/2006RemittiturIssued Remittitur. 06-03926
03/07/2006Case Status Update Remittitur Issued/Case Closed.
03/17/2006RemittiturFiled Remittitur. Received by County Clerk on March 9, 2006. 06-03926