judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

GLADIATOR CORP. VS. HASELTON

Case Information: 40261
Short Caption:GLADIATOR CORP. VS. HASELTONCourt:Supreme Court
Related Case(s): 42924
Lower Court Case(s):Clark Co. - Eighth Judicial District - A397670Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/03/2002 / Reed, NathanielSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/27/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/25/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Stanley W. Pierce, Esq.--NSB Money Order no. 004910162.
09/25/2002Notice 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.) 02-16563
10/03/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nathaniel J. Reed. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/07/2002Docketing StatementFiled Docketing Statement. 02-17305
10/08/2002Notice/Outgoing Letter. Nathaniel J. Reed. (Docketing statement)
12/05/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-20859
12/12/2002Settlement 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). 02-21256
12/23/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/5/01; 11/29/01; 9/5/02. To Court Reporter: Dina Dalton. 02-21924
02/05/2003Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from this order's date. The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply with 10 days from the date that appellant's response is served. 03-01927
02/24/2003MotionFiled Motion. Motion for Rachel H. Nicholson, Attorney for Respondents, to Comply with SCR 42.1. 03-03028
02/28/2003MotionFiled Response to Order to Show Cause. 03-03346
04/03/2003MotionFiled Motion. Supplement to Motion for Rachel H. Nicholson, Attorney for Respondents to comply with SCR 42.1. 03-05611
04/10/2003MotionFiled Response to Order to Show Cause. 03-06090
04/29/2003Order/ProceduralFiled Order. Reinstating Briefing and Granting Motion for Compliance with SCR 42.1. We conclude that this court has jurisdiction, and we shall allow this appeal to proceed. We reinstate the briefing schedule and the preparation of transcripts. Court Reporter Dina Dalton shall have 30 days from this order's date to comply with the provisions of NRAP 9(b). Appellant shall have 75 days from this order's date to file the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Pending before this court is appellant's unopposed motion for respondents' attorney, Rachel Nicholson, to comply with SCR 42.1. We grant the motion, and we remind attorney Nicholson that, upon filing any pleading or other paper in a Nevada state court, she must either (1) associate a licensed Nevada attorney who has a Nevada office or (2) designate a licensed Nevada attorney who has an office in the county wherein the pleading or paper is filed and who will accept service of pleadings and other papers. 03-07244
07/14/2003BriefFiled Opening Brief. 03-11792
07/14/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 03-11793
08/15/2003BriefFiled Answering Brief. 03-13673
09/12/2003BriefFiled Reply Brief. 03-15299
09/19/2003Notice/IncomingFiled Substitution of Attorneys. Peter L. Flangas in the place and stead of Rachel H. Nicholson as counsel for respondents (not signed by Rachel H. Nicholson or respondents). 03-15726
09/26/2003Order/ProceduralFiled Order. To date, court reporter Dina Dee Dalton has not filed the requested transcripts in this court. Appellant has included two of the three requested transcripts in its appendix. The copy of the transcript in the appendix for proceedings held on June 5, 2001, indicates a June 6, 2002, district court filing date. Because this transcript had already been filed in the district court when this appeal was docketed on September 25, 2002, appellant properly included the transcripts in its appendix. The copy of the transcript in the appendix for proceedings held on September 5, 2002, indicates that it was filed in the district court on October 17, 2002, after the docketing of this appeal. Appellant should not have included a copy of the transcript in the appendix, and the court reporter should have filed a certified copy of the transcript with the clerk of this court. In the interest of judicial economy, we waive the requirements of NRAP 9(b), 10(b) and 30(b)(1). Ms. Dalton is no longer obligated to file a certified copy of the transcript for September 5, 2002, with this court. We admonish Ms. Dalton for her failure to file the requested transcript with this court and admonish counsel for appellant for including the transcript in appellant's appendix. As to the third transcript for proceedings held on November 29, 2001, our review of this case reveals that it has not been filed with this court or included in appellant's appendix. Our review of the briefs filed with this court indicates that none of the briefs include any citations to the transcript of November 29, 2001. Accordingly, we conclude that Ms. Dalton is no longer obligated to produce the transcript of November 29, 2001, because it appears that it is not necessary for our review of this appeal. If the parties determine that this court's consideration of that transcript is essential to proper resolution of this appeal, they shall so inform this court, in writing, within 10 days from the date of this order. 03-16151
10/30/2003Order/ProceduralFiled Order. On September 19, 2003, attorney Peter L. Flangas filed a "Notice of Substitution of Attorney," purporting to substitute himself as counsel of record for respondents in the place of attorney Rachel H. Nicholson. We note that the substitution is not signed by or served on Ms. Nicholson or respondents. Because of this deficiency, we elect treat the substitution as a notice of appearance. Accordingly, Mr. Flangas has been added to this court's docket as co-counsel for respondents. If Ms. Nicholson wishes to withdraw as co-counsel of record for respondents, she should file an appropriate motion. 03-18114
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). 04-03533
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
04/28/2004Order/DispositionalFiled Order of Affirmance. Order of Affirmance and Order to Show Cause. "The orders below are affirmed." Gladiator shall, within 20 days from the date of this order, show cause why this court should not order Gladiator's appellate attorney, Stanley W. Pierce, to personally pay $500.00 to the Nevada Supreme Court Library. SNP04D-RR/WM/MD 04-07765
05/12/2004MotionFiled Response to Order to Show Cause. 04-08861
05/25/2004RemittiturIssued Remittitur. 04-09665
05/25/2004Case Status Update Remittitur Issued/Case Closed.
06/07/2004Order/CounselFiled Order/Sanctions. Having considered Gladiator Corporation's response to our order to show cause and concluding that the response lacks merit, we hereby impose a $500.00 sanction upon Gladiator's appellate attorney, Stanley W. Pierce. Mr. Pierce shall have 15 days from the date of this order to pay the $500.00 sanction to the Nevada Supreme Court Law Library. Within that same time period, Mr. Pierce shall file proof of payment with the clerk of this court. 04-10417
06/16/2004Notice/IncomingFiled Proof of Payment of Sanction. Stanley W. Pierce - check no. 36226 in the amount of $500 payable to the Supreme Court Law Library. 04-11032
06/16/2004RemittiturFiled Remittitur. Received by County Clerk on May 27, 2004. 04-09665
06/21/2004Notice/IncomingFiled Notice. Receipt for $500 sanction to Supreme Court Law Library. 04-11287