| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/25/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Michael J. Harker Esq.--check no. 3460. | | |
| 09/25/2002 | Notice of Appeal Documents | Filed 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.) | | 02-16578
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| 09/26/2002 | Notice/Outgoing | Issued Notice to Provide Proof of Service. for Notice of Appeal and Case Appeal Statement. Due date: 10 days. | | |
| 10/02/2002 | Notice/Incoming | Filed Proof of Service. for Notice of Appeal and Case Appeal Statement. Filed in district court on 9/23/02. | | 02-17058
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| 10/04/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 11/12/2002 | Other | Returned Unfiled Document. Late and not typewritten. Corrected Docketing Statement with a motion for an extension of time due 10 days. | | |
| 11/22/2002 | Notice/Outgoing | Issued Notice of Deficient Docketing Statement. Not signed by counsel. Corrected docketing statement with motion for extension of time due: 10 days. | | |
| 12/02/2002 | Motion | Filed Motion to Extend Time. | | 02-20511
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| 12/04/2002 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed December 2, 2002. The clerk shall file the docketing statement received on December 2, 2002. | | 02-20738
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| 12/04/2002 | Docketing Statement | Filed Docketing Statement. | | 02-20512
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| 12/06/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Docketing statement) | | |
| 02/07/2003 | Settlement Program Report | Filed Interim Settlement Program Report. Appellant Budd filed a Chapter 7 Bankruptcy on 01/28/03. Settlement Judge recommends that this matter be removed from the Settlement Conference program once stay is lifted. | | 03-02262
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| 03/12/2003 | Order/Procedural | Filed Order. Pursuant to the written request of the settlement judge and good cause appearing, this appeal is removed from the settlement conference program. The settlement judge also indicates that appellant George J. Budd has filed for bankruptcy. An appeal is subject to the automatic bankruptcy stay if the debtor was the defendant in the underlying trial court action. Appellant George J. Budd was a defendant below. Accordingly, we order this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Appellants shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. | | 03-04158
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| 06/24/2003 | Order/Procedural | Filed Order. On March 12, 2003, this court ordered this appeal stayed pursuant to the mandatory provisions of federal bankruptcy law. Our order directed appellant's counsel to file a status report regarding the pending bankruptcy proceedings by June 10, 2003. To date, counsel for appellant has not complied with the order. Because this matter remains on this court's active docket, appellant shall file a report informing this court of the status of the bankruptcy proceedings within 15 days from the date of this order. That report, and all subsequent reports, if any, shall inform this court whether the bankruptcy proceeding is continuing and, in addition, shall specifically state whether this appeal continues to be stayed pursuant to the automatic bankruptcy stay mandated by 11 U.S.C. § 362(a). Failure to comply timely with this order may result in the imposition of sanctions. | | 03-10543
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| 12/30/2003 | Order/Procedural | Filed Order. to file Bankruptcy Status Report. To date, appellants' counsel has not complied with either of this court's orders. We again direct appellants' counsel to file a bankruptcy status report within 15 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions personally against appellants' counsel. | | 03-21627
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| 03/09/2004 | Order/Procedural | Filed Order. to file Bankruptcy Status Report. To date, appellants have failed to comply with our orders or otherwise communicate with this court. Accordingly, appellants shall, within 15 days from the date of this order, file and serve a bankruptcy status report. If appellants report that this appeal may proceed, appellants shall attach to the report any relevant orders or filings from the bankruptcy proceeding. We caution appellant that failure to comply timely with this order may result in the immediate imposition of sanctions. | | 04-04428
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| 07/01/2004 | Order/Procedural | Filed Order. to File Bankruptcy Status Report, Imposing Sanctions and Referring Counsel to State Bar. To date, appellants have failed to file a bankruptcy status report as directed by this court in our previous four orders. Moreover, appellants have failed to respond or communicate in any manner with this court regarding our orders. This appeal has now been stayed for over a year and no information has been provided by appellants as to whether Mr. Budd's bankruptcy proceeding is still pending. This court is unable to determine whether this appeal may proceed. We therefore conclude that the failure of appellants' counsel, attorney Michael J. Harker, to comply with this court's orders warrants the imposition of sanctions. Accordingly, Mr. Harker shall have 15 days from the date of this order to personally pay the sum of $1,000.00 to the Supreme Court Law Library. Within the same time period, Mr. Harker shall file proof of payment of the sanction with the clerk of this court. Further, we refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days from the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in the matter.
Appellants shall file a report informing this court of the status of the bankruptcy proceeding within 15 days from the date of this order. That report, and all subsequent reports, if any, shall inform this court whether the bankruptcy proceeding is continuing and, in addition, shall specifically state whether this appeal continues to be stayed pursuant to the automatic bankruptcy stay mandated by 11 U.S.C. § 362(a). If appellants report that this appeal may proceed, appellants shall attach to the report any relevant orders or filings from the bankruptcy proceeding. We caution appellants that failure to timely comply with this order may result in the immediate imposition of additional sanctions against Mr. Harker. | | 04-12086
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| 07/15/2004 | Notice/Incoming | Filed Proof of Payment of Sanction. Michael J. Harker - check no. 4032 in the amount of $1,000.00. | | 04-12867
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| 07/15/2004 | Notice/Incoming | Filed Status Report Regarding Bankruptcy and Request for Voluntary Dismissal. | | 11-39400
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| 09/30/2004 | Notice/Incoming | Filed Status Report. Report and Motion to Seal Report from State Bar of Nevada re attorney Michael Harker. NOTE: This original document was placed in attorney Harker's bar file. No copy was placed in the correspondence file for this case. | | |
| 10/07/2004 | Order/Dispositional | Filed Voluntary Dismissal. Order Lifting Bankruptcy Stay and Dismissing Appeal. On March 12, 2003, this court entered an order noting that this appeal was stayed pursuant to the mandatory stay provisions of federal bankruptcy law. On July 1, 2004, this court entered an order that imposed sanctions on appellants' counsel, attorney Michael J. Harker. fn1[Mr. Harker filed proof of payment of his $1,000.00 sanction on July 15, 2004.] On July 15, 2004, appellants filed a 'Status Report Regarding Bankruptcy and Request for Voluntary Dismissal.' In this filing, Mr. Harker represents that appellant George J. Budd was granted a discharge from the bankruptcy proceeding on May 13, 2003. Attached is a copy of a bankruptcy court order that grants Mr. Budd a discharge. Cause appearing, we hereby lift the stay of this appeal. Further, cause appearing, appellant's motion for a voluntary dismissal of this appeal is granted. 'This appeal is dismissed.' NRAP 42(b). SNP04D-RR/WM/MD | | 04-18602
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| 10/07/2004 | Case Status Update | Case Closed. No remittitur issued. | | |