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United States Court Cases

Nevada Supreme/Appellate Court Record

RIND VS. TRANSWORLD SYSTEMS, INC. C/W 41411/41717/42214/42215

Case Information: 40308
Short Caption:RIND VS. TRANSWORLD SYSTEMS, INC. C/W 41411/41717/42214/42215Court:Supreme Court
Consolidated:40308*, 41411 , 41717 , 42214 , 42215 Related Case(s): 41411
Lower Court Case(s):Clark Co. - Eighth Judicial District - A384255Classification:Civil Appeal - General - Other
Disqualifications:Douglas, ParraguirreCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/11/2002 / Paustian, KathleenSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:08/23/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/03/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Hutchison & Steffen - check no. 15800.
10/03/2002Notice 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.) 02-17165
10/11/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Kathleen M. Paustian. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/21/2002Docketing StatementFiled Docketing Statement. 02-18246
10/23/2002Notice/Outgoing Letter. Kathleen M. Paustian. (Docketing statement)
12/17/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-21570
01/08/2003Settlement 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). 03-00405
02/03/2003MotionFiled Motion. 03-01823
07/15/2003Order/ProceduralFiled Order Granting Motion. filed July 14, 2003. Appellant, in proper person, has moved to enlarge a stay of execution on the judgment, which was granted by the district court, but which expired on July 14, 2003. We have considered the motion, and we conclude that a temporary stay is warranted, pending receipt and consideration of any opposition. Accordingly, the district court's judgment and order are temporarily stayed, pending further order of this court. Respondent shall have ten days from the date of this order within which to file any opposition to appellant's motion. Fn1 [Appellant's counsel in Docket No. 40308 filed a motion to withdraw in February 2003. We grant the motion, and direct the clerk to file appellant's proper person motion for a stay received on July 14, 2003, in both cases.] Nos. 40308/41411 - not consolidated. 03-11977
07/15/2003MotionFiled Proper Person Motion. Motion to Enlarge Stay of Judgment and Motion for Shortening of Time. 03-11846
07/15/2003MotionFiled Proper Person Motion. Addendum to Motion to Enlarge Stay of Judgment and Motion for Shortening of Time. 03-11940
07/23/2003MotionFiled Response to Motion. Opposition to Motion to Enlarge Stay of Judgment. Nos. 40308 and 41411 (not consolidated) 03-12447
08/07/2003Notice/IncomingFiled Substitution of Attorneys. T. Louis Palazzo in place and stead of Maurice Rind. Nos. 40308/41411 - not consolidated. 03-13237
08/07/2003MotionFiled Motion for Permission to File Document. Appellant's Motion for Permission to File a Reply to Respondents' Opposition to Appellant's Motion to Enlarge Stay of Judgment. Nos. 40308/41411 - not consolidated. 03-13239
08/21/2003MotionFiled Response to Motion. Opposition to Appellant's Motion for Permission to File a Reply to Respondents' Opposition to Appellant's Motion to Enlarge Stay of Judgment. Nos. 40308/41411 - not consolidated. 03-14112
09/05/2003Order/ProceduralFiled Order. Granting Stay, Consolidating Appeals, Reinstating Briefing, and Issuing Limited Remand to District Court to Determine Appropriate Security. fn1[We consolidate these cases for all appellate purposes. See NRAP 3(b).] On July 15, 2003, we granted a temporary stay based on appellant's proper person motion, pending receipt and consideration of respondent's opposition, which has now been filed. In determining whether to grant a stay pending appeal, this court considers 4 factors. We conclude that these factors militate in favor of a stay, and we hereby stay the injunction in District Court Case No. A384255. We further conclude that a bond or other appropriate security is required of appellant as a condition for the stay. We remand this matter to the district court for the limited purpose of determining the appropriate security. The district court shall determine the appropriate security within 30 days of this order's date. Appellant shall then have 30 days to provide the security and to submit proof to the clerk of this court. Failure to comply with the security condition will result in the court's vacation of the state. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a) and 120 days to file and serve one opening brief and appendix in these consolidated appeals. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn4[We deny appellant's motion for leave to file a reply, filed on August 7, 2003.] Nos. 40308/41411. (03-14908) 03-14908
09/26/2003MotionFiled Motion to Extend Time. Nos. 40308/41411. 03-16156
09/26/2003MotionFiled Response to Motion. Nos. 40308/41411. 03-16158
11/06/2003Notice/IncomingFiled Substitution of Attorneys. David Schieck as attorney for respondents Jom Enterprises and Kerry Contractors in place and stead of Eric Dobberstein & Associates. Nos. 40308/41411. 03-18656
11/18/2003Order/ProceduralFiled Order. On August 7, 2003, attorney T. Louis Palazzo filed a document entitled 'Substitution of Attorney' in these consolidated appeals. That document was accompanied by a certificate of service that was not signed. Mr. Palazzo shall have 10 days from the date of this order to file proof of service that complies with NRAP 25(d). Appellant has filed a motion for an extension of time until October 20, 2003, to comply with NRAP 9(a), and for an extension until January 19, 2004, to file and serve the opening brief and appendix. Respondents oppose the motion. Because appellant did not comply with NRAP 9(a) by the date requested in the motion, we deny the request for an extension as moot. Appellant shall, within 10 days from the date of this order, comply with NRAP 9(a) by filing either a transcript request form or a certificate indicating that no transcripts are requested. Failure to comply timely with this order may result in the imposition of sanctions. Pursuant to this court's September 5, 2003, order, the opening brief and appendix are currently due to be filed by January 5, 2004. Cause appearing, we grant appellant's request for an extension of time to file the opening brief and appendix. Appellant shall have until January 20, 2004, to file and serve a single opening brief and appendix for these consolidated appeals. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In the opposition, respondents contend that 'Appellant is again attacking [respondents' counsel] personally, and making some alleged factual allegations regarding personal fraud on the part of [respondents' counsel].' Consequently, respondents request this court to 'strike the allegations regarding fraud' from the record. We note that in resolving appellant's motion for extensions of time, this court disregarded appellant's allegations regarding respondents' counsel. Accordingly, we deny respondents' request to strike those arguments. Nos. 40308/41411. (03-19230) 03-19230
12/04/2003MotionFiled Motion to Consolidate. Appellant's Motion for Consolidation of Appeals for Purposes of Disposition. Nos. 40308/41411/41717/42215 (40308/41411 are already consolidated). 03-20205
12/04/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: All Proceedings. To Court Reporter: Free Lance Court Reporters. Nos. 40308/41411. 03-20206
12/26/2003MotionFiled 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. 03-21474
02/11/2004Order/ProceduralFiled Order/Show Cause. Our September 5, 2003, order required the district court to set the bond amount within 30 days, and we required appellant to post the bond and provide proof that it had been posted to this court within 30 days from the district court's order. We warned appellant that his failure to comply with the bond condition would result in this court's vacation of the stay. To date, appellant ha failed to comply with our order and has not submitted proof that the bond has been posted. Accordingly, appellant shall have 10 days from the date of this order to show cause why we should not vacate our prior stay order. Nos. 40308/41411. (04-02724) 04-02724
02/24/2004MotionFiled Motion to Extend Time. Motion for Enlargement of Time to Post Bond. Nos. 40308/41444. (04-03524) 04-03524
03/05/2004Order/ProceduralFiled Order Granting Motion. for Extension of Time. In response to our February 11, 2004 show cause order, appellant has moved for an extension of time to post the bond, explaining that he has been engaged in continuous efforts to post the bond. We grant the motion, but note that appellant properly should have kept this court informed of the bond's status. Appellant shall have 30 days from this order's date to post the required bond and provide proof that it has been posted to this court. Nos. 40308/41411. (04-04240) 04-04240
06/15/2004Order/ProceduralFiled Order. Resolving Motions, Consolidating Appeals, and Setting Briefing Schedule. Docket Nos. 40308 and 41411: On November 18, 2003, this court entered an order directing T. Louis Palazzo, appellant's counsel, to file proof of service of the document entitled 'Substitution of Attorney' within 10 days. To date, Mr. Palazzo has failed to comply with that order. Mr. Palazzo shall have 10 days from the date of this order to file proof of service of the 'Substitution of Attorney' in compliance with NRAP 25(d). On March 5, 2004, this court entered an order granting appellant's motion for an extension of time to post the required bond. That order directed appellant to provide proof with this court that the required bond had been posted by April 5, 2004. To date, appellant has failed to comply with that order. Appellant shall have 10 days from the date of this order to provide proof that the required bond has been posted. Failure to comply with this order may result in this court vacating the stay imposed on September 5, 2003. Docket No. 41717: Appellant's proper person notice of appeal was docketed in this court on July 9, 2003. On November 19, 2003, attorney T. Louis Palazzo, filed a letter notifying this court that he represents appellant. The letter is treated as a notice of appearance on behalf of appellant. Accordingly, the clerk of this court shall mail to appellant a docketing statement. Appellant shall have 15 days from the date of this order to file and serve the docketing statement. Docket No. 42215: This notice of appeal was docketed in this court on October 23, 2003. On December 26, 2003, appellant filed an untimely motion for an extension of time to file and serve the docketing statement. Cause appearing, we grant the motion. Appellant shall have 15 days from the date of this order to file and serve the docketing statement. Appellant has also moved for an extension of time to file the case appeal statement. The case appeal statement having been filed on November 5, 2003, we deny the motion as moot. Consolidation of Docket Nos. 40308, 414411, 41717 and 42215. On September 5, 2003, this court entered an order consolidating Docket No. 40308 and Docket No. 41411 for all appellate purposes. Appellant has moved to consolidate Docket No. 41717 and Docket No. 42215 with the consolidated appeals of Docket Nos. 40308 and 41411. Cause appearing, we grant the unopposed motion and consolidate these cases for all appellate purposes. Because Docket No. 41717 was initially a proper person appeal and this court has since received and filed the complete trial court record as the record on appeal, appellant may cite to the record on appeal. If appellant will be citing to documents that are not in the record on appeal, appellant shall include those documents in a supplemental appendix. Appellant has filed identical transcript request forms in all 4 appeals requesting '[a]ll portions' of '[a]ll proceedings' to be transcribed. The transcript request form is deficient. Accordingly, no action will be taken with respect to those transcript request forms. Because the transcript request forms filed in these case are deficient, appellant shall file and serve an amended transcript request form within 15 days from the date of this order. The transcript request form shall list the specific dates for the transcripts requested and be served on the court reporters or court recorders present at those proceedings. Because we consolidate these appeals, we reset the briefing schedule established in our September 5, 2003, order. The briefing schedule shall be as follows: (1) appellant shall have 60 days from the date of this order to file and serve one single opening brief and supplemental appendix, if any; (2) respondents shall have 30 days from service of the opening brief to file and serve their answering briefs; and (3) appellant shall have 30 days from service of the answering briefs to file and serve the reply brief, if de 04-10993
06/28/2004MotionFiled Response to Order to Show Cause. Nos. 40308/41411/41717/42215 04-11840
07/06/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 04/23/97, 11/12/97, 09/14/98, 02/08/99, 06/14/99, 08/27/01, and 10/05/01. To Court Reporter: Free Lance Court Reporters. Nos. 40308/41411/41717/42215. 04-12385
07/06/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/15/03 and 11/03/03. To Court Reporter: James Helleso. Nos. 40308/41411/41717/42215. 04-12386
07/06/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 02/03/03, 02/26/03, 04/14/03, and 09/15/03. To Court Reporter: Joanie Grime. Nos. 40308/41411/41717/42215. 04-12387
07/06/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 05/18/98, 09/14/98, 02/08/99, 10/16/00, 04/04/01, 06/25/01, 08/27/01, 10/05/01, 05/28/02, 06/10/02, 07/08/02, 07/11/02, 07/24/02, 07/29/02, 08/05/02, 08/08/02, 09/09/02, 09/16/02, 10/07/02, 11/06/02, 02/24/03, 03/05/03, 03/31/03, 05/19/03, 06/16/03, 06/23/03, 08/18/03, 09/29/03, 10/03/03, 01/05/04, 01/20/04, and 04/26/04. To Court Reporter: Free Lance Court Reporters. Nos. 40308/41411/41717/42215. 04-12388
07/27/2004MotionFiled Response to Motion. Reply to Response to Court's Order and Request for Immediate Vacating of Stay. Nos. 40308/41411/41417/42215. 04-13644
08/19/2004TranscriptFiled Transcript. Proceedings: 2/26/03 and 9/15/03. Court Reporter: Kit MacDonald. Nos. 40308/41411/41717/42215. Filed in no. 40308 only. 04-15002
08/19/2004Notice/IncomingFiled Notice. Affidavit: Preparation of Transcript and Delivery from court reporter Kit Macdonald. No proceedings were held on 2/3/03. The trancript for 4/14/03 was previously prepared and is part of the record. Nos. 40308/41411/41717/42215. 04-15003
08/26/2004Notice/IncomingFiled Substitution of Attorneys. Jonell Thomas in place and stead of David M. Schieck as counsel for respondents JOM Enterprises, Kerry Contractors, John O'Meara, Eric Dobberstein, and Eric Dobberstein & Associates. Nos. 40308/41411/41417/42215. 04-15502
08/26/2004MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Based Upon Failure to File a Timely Opening Brief. Nos. 40308/41411/41417/42215. 04-15504
09/03/2004Notice/IncomingFiled Notice. Notice of Posting of Supersedeas Bond. Nos. 40308/41411/41717/42215. (04-16172) 04-16172
09/03/2004MotionFiled Response to Motion. Opposition to Respondent's Motion to Dismiss. Nos. 40308/41411/41717/42215. (04-16173) 04-16173
09/03/2004MotionFiled Motion to Consolidate. Appellant's Motion for Consolidation of Appeals for Purposes of Disposition. Consolidate No. 43650 with Nos. 40308/41411/41717/42215. Nos. 40308/ 41411/ 41717/42215. (04-16175) 04-16175
09/14/2004MotionFiled Response to Motion. Opposition to Motion to Consolidate Appeals. Nos. 40308/ 41411/ 41717/42215/43650 04-16880
09/15/2004Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Reply to Appellant's Opposition to Respondents' Motion to Dismiss Based upon Failure to File a Timely Opening Brief." Nos. 40308/41411/41717/42215
09/16/2004Order/ProceduralFiled Order Denying Motion. to Vacate Stay. On September 5, 2003, we granted a stay and ordered a limited remand to the district court for the purpose of determining appropriate security, to be determined within 30 days of our order. We directed appellant to post the bond and provide proof that it had been posted within 30 days of the district court's order. On September 3, 2004, appellant finally posted the required bond, almost one full year after we granted a stay. We admonish appellant and his counsel for their lack of diligence in posting the bond and in keeping this court informed. But since the bond has now been posted, we deny respondents' request that the stay be vacated. fn1[We defer ruling on respondents' motion to dismiss and appellant's motion to consolidate another appeal with these consolidated appeals.] Nos. 40308/41411/41717/42215. (04-17073) 04-17073
09/20/2004MotionFiled 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
09/24/2004MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Appellant's Opposition to Respondents' Motion to Dismiss based upon Failure to File a Timely Opening Brief. Nos. 40308/41411/41717/42215. 04-17746
09/24/2004MotionReceived Reply to Response. Reply to Appellant's Opposition to Respondents' Motion to Dismiss based upon Failure to File a Timely Opening Brief. Nos. 40308/41411/41717/42215. 04-17764
10/05/2004MotionFiled Response to Motion. Appellant's Opposition to Respondent's Motion for Leave to File Reply to Appellant's 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. C/W 41411/41717/42215. Also filed in 42214 and 43650. 04-18407
11/22/2004TranscriptFiled Transcript. Proceedings: Monday, June 10, 2002; Monday, October 7, 2002. Court Reporter: Holly Pike. Proceedings: Monday, February 24, 2003; Monday, May 19, 2003; Monday, June 16, 2003; Monday, June 23, 2003; Monday, August 18, 2003; Monday, September 29, 2003; Monday, January 5, 2004. Court Reporter: Sharon Howard. Nos. 40308/ 41411/ 41717/ 42215. (Transcripts are in No. 40308). (04-21450) 04-21450
01/10/2005MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Based Upon Failure to File A Timely Opening Brief. Nos. 40308/41411/41717/42215 (05-00524). 05-00524
01/14/2005MotionFiled Response to Motion. Appellant's Opposition to Respondent's Motion to Dismiss Upon Failure to File a Timely Opening Brief and Motion for Consolidation. Nos. 40308/41411/41717/42215 and no. 43650 (not consolidated with others). 05-00956
02/17/2005Order/ProceduralFiled 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 05-03239
02/17/2005MotionFiled Reply to Response. Reply to Appellant's Opposition to Respondents' Motion to Dismiss based upon Failure to File a Timely Opening Brief. Nos. 40308/41411/41717/42215 (04-17764). 04-17764
03/01/2005Docketing StatementFiled Docketing Statement. In 41717. Nos. 40308/41411/41717/42214/42215 (05-03969).
03/01/2005Docketing StatementFiled Docketing Statement. In 42214. Nos. 40308/41411/41717/42214/42215 (05-03977).
03/01/2005Docketing StatementFiled Docketing Statement. In 42215. Nos. 40308/41411/41717/42214/42215 (05-03979).
03/02/2005Docketing StatementFiled 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.
03/08/2005Transcript RequestFiled 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
03/22/2005MotionFiled Motion to Extend Time. Nos. 40308/41411/41717/42214/42215. 05-05565
03/25/2005MotionFiled Response to Motion. Nos. 40308/41411/41717/42214/42215. 05-05887
03/31/2005MotionFiled 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
04/22/2005TranscriptFiled Transcript. Proceedings: 09/15/03. Court Reporter: James Helleso. Nos. 40308/41411/41717/42214/42215. 05-07949
04/22/2005MotionFiled Motion to Extend Time. Issued Notice to Provide a Completed Proof of Service on all Parties. Nos. 40308/41411/41717/42214/42214. 05-07951
05/02/2005Notice/IncomingFiled Proof of Service. - Motion for Enlargement of Time to File Opening Brief. Nos. 40308/41411/41717/42214/42215. 05-08640
05/02/2005MotionFiled Response to Motion. Opposition to Motion for Enlargement of Time to File Opening Brief. Nos. 40308/41477/41717/42214/42215. 05-08645
05/06/2005Other 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.
05/11/2005TranscriptFiled Transcript. Proceedings: April 14, 2003. Court Reporter: Kit MacDonald. Nos. 40308/41411/41717/42214/42215. 05-09264
08/10/2005Order/ProceduralFiled 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) 05-15764
08/10/2005BriefFiled Opening Brief. 05-08917
08/10/2005AppendixFiled Appendix to Opening Brief. Volumes 1 through 5. Nos. 40308/ 41411/ 41717/ 42214/ 42215. (05-08918) 05-08918
09/16/2005MotionFiled 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
09/16/2005BriefReceived Answering Brief. Nos. 40308/41411/41717/42214/42215. 05-18520
09/16/2005AppendixReceived Appendix to Answering Brief. Vols. 1 and 2. Nos. 40308/41411/41717/42214/42215. 05-18521
10/17/2005MotionFiled 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). 05-20543
10/25/2005BriefReceived Reply Brief. Appellant Maurice Rind. Nos. 40308/41411/41717/42214/42215. 05-21103
11/07/2005BriefFiled Supplemental Authorities. Notice of Supplemental Authority. Nos. 40308/41411/41717/42214/42215. 05-21899
02/13/2006Order/ProceduralFiled 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. 40308/41411/41717/42214/42215. (06-03094) 06-03094
02/13/2006BriefFiled Answering Brief. Nos. 40308/41411/41717/42214/42215. (05-18520) 05-18520
02/13/2006AppendixFiled Appendix to Answering Brief. Volumes 1 and 2. Nos. 40308 / 41411 / 41717/ 42214 / 42215. (05-18521) 05-18521
02/13/2006BriefFiled Reply Brief. Nos. 40308/41411/41717/42214/42215. (05-21103) 05-21103
03/06/2006OtherDisqualification of Justice Parraguirre. Sat in district court proceedings.
03/06/2006OtherDisqualification of Justice Douglas. Sat in district court proceedings.
06/29/2006MotionFiled Motion. Motion to Withdraw as Attorney of Record. Nos. 40308/41411/41717/42214/42215. (06-13505) 06-13505
08/23/2006Order/ProceduralFiled 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) 06-17494
08/23/2006Case Status Update Submitted for Decision. Nos. 40308/41411/41717/42214/42215.
08/28/2006Other Returned Mail. Order filed 08/23/06 addressed to Maurice Rind remailed to corrected address. Nos. 40308/41411/41717/42214/42215.
10/06/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgments of the district court AFFIRMED." Nos. 40308/41411/41717/42214/42215 SNP07M-RR/MG/WM 06-20566
10/13/2006Notice/IncomingFiled Notice of Appearance. Elizabeth M. Ghanem of Ghanem & Sullican, LLP as counsel for appellant Maurice Rind. Nos. 40308/41411/41717/42214/42215. 06-21135
10/25/2006Filing Fee Filing Fee due.
10/25/2006Post-Judgment PetitionFiled Petition for Rehearing. Appellant's Petition for Rehearing. Nos. 40308/41411/41717/42214/42215. 06-21936
10/25/2006Notice/OutgoingIssued Notice to Pay Filing Fee on Rehearing. Due date: 10 days.
11/01/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from Ghanem & Sulllivan - check no. 2621. Nos. 40308/41411/41717/42214/42215.
11/17/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP07M-RR/MG/WM. Nos. 40308/41411/41717/42214/42215. 06-23669
11/29/2006Notice/IncomingFiled 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
11/29/2006Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Nos. 40308/41411/41717/42214/42215. (06-24471) 06-24471
12/12/2006RemittiturIssued Remittitur. 06-24410
12/12/2006Case Status Update Remittitur Issued/Case Closed.
12/18/2006RemittiturFiled Remittitur. Received by County Clerk on December 15, 2006.clerk1 2/28/06 Order: remittiturs recalled. Nos. 40308/ 41411/ 41717/ 42214/42215.jcr 06-24410
12/28/2006Order/ProceduralFiled 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) 06-26609
01/08/2007Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Nos. 40308/41411/41717/42214/42215. 07-00455
03/01/2007Post-Judgment OrderFiled 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 07-04951
03/01/2007RemittiturIssued Remittitur. 07-04966
03/01/2007Case Status Update Remittitur Issued/Case Closed.
03/14/2007RemittiturFiled Remittitur. Received by County Clerk on March 5, 2007. 07-04966
06/11/2007Notice/IncomingFiled 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
10/10/2007Notice/IncomingFiled 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