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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: ESTATE OF CARPENTER

Case Information: 40311
Short Caption:IN RE: ESTATE OF CARPENTERCourt:Supreme Court
Related Case(s): 41446
Lower Court Case(s):Washoe Co. - Second Judicial District - PR0000387Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/16/2002 / Gladstone, ArthurSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/04/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Joseph E. Orzano--check no. 359.
10/04/2002Notice 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.) 02-17176
10/14/2002Docketing StatementFiled Docketing Statement. 02-17681
10/14/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 5, 2002. To Court Reporter: Sierra Nevada Reporters. 02-17682
10/15/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 on cross-appeal from Gordon R. Muir, Ltd.--check no. 2480.
10/15/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-17792
10/15/2002Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
10/16/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Arthur A. Gladstone. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/17/2002MotionFiled Motion. Motion for Procedural Order. 02-18100
10/21/2002MotionFiled Response to Motion. Opposition to Motion for Procedural Order. 02-18227
10/21/2002Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Reply to Opposition to Motion for Procedural Order.
10/24/2002Docketing StatementFiled Docketing Statement. 02-18435
10/28/2002Notice/Outgoing Letter. Arthur A. Gladstone. (Docketing statement)
11/19/2002Other Other. Filed Withdrawal of Request for Transcript of Proceedings. 02-19889
01/10/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-00553
01/21/2003MotionFiled Motion. Motion for Procedural Order. 03-01061
01/23/2003MotionFiled Response to Motion. Opposition to Motion for Procedural Order. 03-01261
02/10/2003MotionFiled Motion for Stay. Motion for a Stay of Judgment. 03-02284
02/10/2003MotionFiled Response to Motion. 03-02285
02/11/2003Notice/IncomingFiled Errata. Amendment to Opposition to Motion for Stay. 03-02422
03/18/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. On October 17, 2002, and January 21, 2003, the Boston parties filed motions to change the designation of the parties and direct the Fullerton parties to order and pay for the production of transcripts necessary for the review of this appeal and cross-appeal. However, because it appears that re-designating the parties may assist the briefing of these appeals, we grant appellants' motions. The clerk of this court shall re-designate the parties in these consolidated appeals to indicate that Diane Fullerton, Charles Carpenter Jr., and Paul E. Ferguson, as Administrator of the Estate of Charles H. Carpenter, Deceased, are appellants/cross-respondents and Karen J. Boston and Dennis E. Miller are respondents/cross-appellants. The parties were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. The parties shall each have 15 days from the date of this order to comply with NRAP 9(a). The Fullerton parties shall have 120 days from the date of this order to file and serve the opening brief and appendix. The Boston parties shall have 30 days from service of the opening brief and appendix to file a combined answering brief on appeal and opening brief on cross-appeal. The Fullerton parties shall have 30 days from service of the Boston parties' combined brief to file a combined reply brief on appeal and answering brief on cross-appeal. The Boston parties shall have 30 days from service of the Fullerton parties' combined brief to file a reply brief on cross-appeal. The Fullerton parties specifically request this court to stay enforcement of the judgment and direct the Public Administrator to hold the proceeds of the estate in an interest bearing account. The Boston parties oppose the motion. We note that the district court denied a stay pending appeal absent the posting of a supersedeas bond. We refuse to disturb the district court's ruling. Accordingly, we deny the motion to stay the judgment. 03-04582
03/24/2003Transcript RequestFiled Certificate of No Transcript Request. Respondent/Cross-Appellant. 03-04924
03/28/2003Transcript RequestFiled Request for Transcript of Proceedings. Appellant/Cross-Respondent. Transcripts requested: August 5, 2002. To Court Reporter: Sierra Nevada Reporters. 03-05223
04/29/2003TranscriptFiled Transcript. Proceedings: August 5, 2002. Court Reporter: Eric V. Nelson. 03-07268
05/30/2003MotionFiled Motion to Consolidate. Motion to Consolidate and to Bypass Settlement Conference. Nos. 40311 and 41446 03-09089
06/18/2003MotionFiled Motion. Request to Delay the Briefing Schedule. 03-10174
07/25/2003Letter/IncomingFiled Letter. from Settlement Judge Robert Eisenberg requesting that briefing should be suspended again, pending the outcome of his settlement efforts in number 41446. 03-12609
08/15/2003Letter/IncomingFiled Letter. from attorney Joseph Orzano requesting guidance or an order on the setting of a new briefing schedule for the two appeals separately or consolidated. Nos. 40311/41446. 03-13681
08/20/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. 03-14023
08/21/2003Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. 03-14143
01/09/2004Order/DispositionalFiled Stipulated Dismissal. Pursuant to the settlement conference, the stipulation of the parties and cause appearing, " . . . these appeals and the cross-appeal are dismissed." The parties shall bear their own costs. NRAP 42(b). Fn1[The motion to consolidate filed in both appeals, and the motion regarding the briefing schedule filed in Docket No. 40311, are denied as moot.] SNP-AH Nos. 40311 and 41446 04-00536
01/09/2004Case Status Update Case Closed. No remittitur issued.