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United States Court Cases

Nevada Supreme/Appellate Court Record

DESERT VALLEY CONSTRUCTION VS. HURLEY

Case Information: 40397
Short Caption:DESERT VALLEY CONSTRUCTION VS. HURLEYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A422383Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/31/2002 / Buchanan, WilliamSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/27/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/28/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from J. Michael McGroarty - check no. 18854.
10/28/2002Notice 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.) 02-18500
10/28/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days.
10/28/2002Notice/OutgoingIssued Notice to Provide Proof of Service. (Notice of Appeal) Due date: 10 days.
10/31/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/20/2002Notice/IncomingFiled Notice of Change of Address. Law firm of J. Michael McGroarty, Chartered. 02-19972
12/03/2002Order/ProceduralFiled Order. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement and proof of service of the notice of appeal. 02-20635
12/12/2002Notice/IncomingFiled Proof of Service. for Notice of Appeal. 02-21279
12/12/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on October 21, 2002. 02-21280
12/27/2002Notice/Outgoing Letter. William Buchanan. (Case Appeal Statement)
01/22/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-01183
02/06/2003Settlement 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). To date, appellants have failed to file the docketing statement. Appellants shall, within 10 days from the date of this order, file the docketing statement. (Docketing statement mailed to counsel for appellant Desert Valley Construction and counsel for appellant Employers Insurance Company.) 03-02148
02/14/2003Docketing StatementFiled Docketing Statement. Desert Valley Construction. 03-02570
02/18/2003Docketing StatementFiled Docketing Statement. Employers Insurance Company of Nevada. 03-02663
02/18/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 26, 2001, April 30, 2001, June 11, 2001, July 9, 2001, September 24, 2001, October 14, 2002. To Court Reporter: Paula Walsh. 03-02664
03/06/2003TranscriptFiled Transcript. Proceedings: February 26, 2001, April 30, 2001, June 11, 2001, July 9, 2001, September 24, 2001, October 14, 2002. Court Reporter: Paula Walsh. 03-03813
06/06/2003BriefFiled Opening Brief. Appellant Employers Insurance Company of Nevada's Opening Brief. 03-09507
06/06/2003AppendixFiled Joint Appendix. Volumes 1 through 4. 03-09509
06/19/2003Order/ProceduralFiled Order. On February 6, 2003, this court entered an order that reinstated briefing, as the parties were unable to agree to a settlement of this appeal. Pursuant to that order appellants' opening briefs and appendices were due to be filed by June 6, 2003. Appellant Employers Insurance Company of Nevada ('EICON') filed an opening brief and appendix on June 6, 2003. To date, appellant Desert Valley Construction has failed to file an opening brief and appendix. Appellant Desert Inn Construction shall, within 15 days from the date of this order, file and serve an opening brief and appendix or join in the opening brief filed by EICON. We caution appellant Desert Inn Construction that failure to comply timely with this order may result in the imposition of sanctions, including dismissal of its appeal as abandoned. 03-10259
06/27/2003MotionFiled Motion to Extend Time. 03-10848
07/07/2003BriefFiled Joinder to Brief. Desert Valley Construction's Joinder in Employers Insurance Company of Nevada's Opening Brief and Appendix. 03-11272
07/08/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed June 27, 2003. Respondent shall have until August 6, 2003, to file and serve the answering brief. 03-11426
08/04/2003BriefFiled Answering Brief. 03-13074
08/20/2003BriefFiled Reply Brief. Appellant EICON's Reply Brief. 03-14031
09/05/2003BriefFiled Joinder to Brief. Desert Valley Construction's Joinder in Employers Insurance Company of Nevada's Reply Brief. 03-14936
02/24/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-03535
02/24/2004Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP04S-MS/RR/WM.
04/27/2004Case Status Update Resubmitted for Decision. To the Southern Nevada Panel. SNP04D-RR/WM/MD
09/02/2004Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before Rose/Maupin/Douglas. Author: Maupin, J. We concur: Rose and Douglas, JJ. 120 Nev. Adv. Opn. No. 55. SNP04D 04-15964
09/09/2004Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction made on page 3 of the original opinion filed September 2, 2004.
09/28/2004RemittiturIssued Remittitur. 04-16365
09/28/2004Case Status Update Remittitur Issued/Case Closed.
10/04/2004RemittiturFiled Remittitur. Received by County Clerk on September 30, 2004. 04-16365