| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 06/04/2002 | Other | Disqualification of Justice Young. Law firm of Lionel Sawyer & Collins. | | |
| 06/04/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Lionel Sawyer & Collins--check no. 125397. | | |
| 06/04/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. (Appellants Republic Silver State & Thrasher) Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) | | 02-09725
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| 06/06/2002 | 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.) | | |
| 06/11/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 on cross-appeal from Benson, Bertoldo & Baker, Chtd.--check no. 32276. | | |
| 06/11/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Guerrero) (Docketing statement mailed to counsel for cross-appellant.) | | 02-10139
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| 06/11/2002 | Notice/Outgoing | Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired. | | |
| 06/14/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Notice of Cross-Appeal) | | |
| 06/19/2002 | Docketing Statement | Filed Docketing Statement. Respondents/Cross-Appellants. | | 02-10625
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| 06/20/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Docketing Statement of Respondents/Cross-appellants) | | |
| 08/07/2002 | Order/Procedural | Filed Order. To date, Elizabeth Guerrero has failed to file a docketing statement. Apellant Guerrero shall have 10 days from the date of this order to file and serve the docketing statement. | | 02-13467
|
| 08/19/2002 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 02-14086
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| 08/21/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Docketing statement of Appellant/Cross-Respondent.) | | |
| 10/01/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 02-17002
|
| 10/09/2002 | Settlement Order/Procedural | Filed 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/cross-respondent and respondents/ cross-appellants: 15 days to comply with NRAP 9(a). Appellant/ cross- respondent: 120 days to file and serve opening brief and appendix. Respondents/ cross-appellants: 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant/ cross-respondent: 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondents/ cross-appellants: 30 days thereafter to file and serve a reply brief on cross-appeal. | | 02-17494
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| 10/17/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Respondents/Cross-Appellants. Transcripts requested: 11/06/01, 11/07/01, 11/08/01, 11/09/01, 11/14/01, 11/15/01, 11/16/01, 11/20/01, 11/21/01, 11/27/01, 11/28/01, 11/29/01, 11/30/01, 01/14/02, and 04/15/02 (4).To Court Reporter: Paula Walsh. | | 02-18047
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| 11/13/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Amended Request for Transcripts. Transcripts requested: January 14, 2002. To Court Reporter: Paula Walsh. | | 02-19501
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| 11/15/2002 | Transcript | Filed Transcript. Proceedings: January 14, 2002. Court Reporter: Paula Walsh. | | 02-19710
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| 12/03/2002 | Order/Procedural | Filed Order. To date appellant/cross-respondent has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant/cross-respondent shall, within 10 days of the date of this order, filed and serve the required document. | | 02-20647
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| 12/18/2002 | Transcript Request | Filed Certificate of No Transcript Request. | | 02-21651
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| 12/23/2002 | Motion | Filed Motion. Defendant's Motion for Designation as Appellant. | | 02-21899
|
| 01/24/2003 | Notice/Incoming | Filed Notice of Association of Counsel. Daniel F. Polsenberg and the law firm of Beckley Singleton, Chtd. has associated with Benson, Bertoldo & Baker as attorneys for appellant/cross-respondent Guerrero. | | 03-01336
|
| 01/29/2003 | Notice/Incoming | Filed Proof of Service. (Associate of Counsel). | | 03-01619
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| 02/07/2003 | Motion | Filed Stipulation. Stipulates to change of designation of parties and extension of time to file briefs. (Called counsel for original document--received copies only.) | | 03-02264
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| 02/27/2003 | Motion | Filed Motion. Respondents' Motion Seeking Approval of Stipulation Redesignating them as Appellants and for Extension of Time within which to file the Opening Brief. | | 03-03266
|
| 03/03/2003 | Notice/Incoming | Filed Notice of Association of Counsel. Mark A. Hutchison and Michael K. Wall of Hutchinson & Steffen have associated with Steven M. Baker and Benson, Bertoldo & Baker as counsel for Elizabeth Guerrero in the place of Daniel F. Polsenberg of Beckley Singleton, Chtd. | | 03-03470
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| 03/11/2003 | Order/Procedural | Filed Order/Show Cause. fn1[Because this matter involves and appeal and a cross-appeal, on June 11, 2002, this court designated Elizabeth Guerrero, plaintiff in the in the district court, as appellant/cross-respondent.] Appellant shall have 30 days from the date of this order to file a response. Respondents/cross-appellants shall have 45 days from the date of this order to file a response to this order and to appellant's response. Briefing of this appeal and cross-appeal is suspended pending further order of this court. We also defer ruling on the pending motion and stipulation to re-designate the parties until after receipt of the parties' responses to this order. | | 03-04089
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| 04/03/2003 | Motion | Filed Response to Order to Show Cause. Appellant's Response. | | 03-05612
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| 04/14/2003 | Other | Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a), "Respondents' Reply to Appellant's Response to Order to Show Cause." | | |
| 04/24/2003 | Motion | Filed Reply to Response. Respondents' Reply to Appellant's Response to Order to Show Cause. | | 03-06990
|
| 06/25/2003 | Order/Procedural | Filed Order. Redesignating the Parties and Reinstating Briefing. On December 23, 2002, respondents/cross-appellants Republic filed a motion to be designated as appellants in this matter. We grant the motion. The clerk of this court shall modify the caption in this matter by designating Republic Silver State Disposal and Bennie L. Thrasher as appellants/cross-respondents ('appellants') and Elizabeth Guerrero as respondent/cross-appellant ('respondent'). We dismiss this appeal and cross-appeal as to the orders entered on May 7, 2002, and reinstate briefing as to the remainder of this appeal and cross-appeal. Appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix on appeal. Respondent shall have 30 days from service of appellants' opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants shall have 30 days from service of respondent's combined brief to file and serve a combined reply brief on appeal, if deemed necessary, and answering brief on cross-appeal. Finally, respondent shall have 30 days from service of appellants' combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. fn1[In light of this order redesignating the parties and setting briefing schedule, we disapprove the February 7, 2003, stipulation and deny the February 27, 2003, motion as moot.] On March 3, 2003, attorney Mark A. Hutchinson of Hutchinson & Steffen, Ltd. filed a document that indicates that Mr. Hutchinson and attorney Michael K. Wall have associated with the law firm of Benson, Bertoldo & Baker, Chtd. in representing Elizabeth Guerrero and further that attorney Daniel Polsenberg 'is no longer counsel for Ms. Guerrero.' To the extent that this document seeks to substitute the law firm of Hutchinson & Steffen, Ltd. in the place of the law firm of Beckley Singleton, Chtd., no action will be taken. Mr. Hutchinson may, within 10 days from the date of this order, file an amended document that contains all necessary signatures for the substitution of the law firm of Hutchinson & Steffen, Ltd. in the place of the law firm of Beckley Singleton, Chtd as counsel for Ms. Guerrero. Mr. Polsenberg remains counsel until further order from this court. | | 03-10611
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| 07/22/2003 | Notice/Incoming | Filed Notice of Association of Counsel. Hutchison & Steffen have associated with Benson, Bertoldo & Baker as counsel for [respondent/cross-appellant] Elizabeth Guerrero, in place of Beckley Singleton, Chtd. | | 03-12327
|
| 09/24/2003 | Motion | Filed Motion and Order/Excess Pages. Granted: 35 pages. | | 03-15960
|
| 09/24/2003 | Brief | Filed Opening Brief. | | 03-15962
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| 09/24/2003 | Appendix | Filed Joint Appendix. Vols. 1 through 26. | | 03-15963
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| 10/23/2003 | Motion | Filed Stipulation and Order. Brief due: November 24, 2003. | | 03-17708
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| 11/17/2003 | Motion | Filed Motion and Order/Excess Pages. Motion for Permission to File Respondent's Answering Brief in Excess of 30 Pages, but not in Excess of 40 Pages. Granted: 39 pages. | | 03-19132
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| 11/17/2003 | Brief | Filed Answering Brief. | | 03-19133
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| 12/12/2003 | Motion | Filed Stipulation and Order. Brief due: January 16, 2004. | | 03-21734
|
| 01/08/2004 | Motion | Filed Motion to Extend Time. | | 04-00429
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| 01/13/2004 | Motion | Filed Response to Motion. Respondent's Opposition to Appellant's "Motion for Extension of Time in Which to Respond." | | 04-00798
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| 02/17/2004 | Brief | Received Reply Brief. | | 04-03023
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| 02/17/2004 | Appendix | Received Appendix to Reply Brief. | | 04-03025
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| 03/08/2004 | Order/Procedural | Filed Order. filing Combined Brief. The clerk of this court shall file the combined brief and appendix received on February 17, 2004. Respondent shall have 30 days from the date of this order to file and serve the reply brief on cross-appeal, if deemed necessary. | | 04-04322
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| 03/08/2004 | Brief | Filed Reply Brief. | | 04-03023
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| 03/08/2004 | Appendix | Filed Appendix to Reply Brief. | | 04-03025
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| 03/12/2004 | Motion | Filed Motion. Motion for Expedited Decision on Appeal and Motion to Strike Portions of Reply Brief. | | 04-04683
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| 03/15/2004 | Motion | Filed Motion. Motion Seeking Clarification of Order Filing Combined Brief. | | 04-04793
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| 03/22/2004 | Motion | Filed Response to Motion. Opposition to Respondent's Motion to Strike Portions of Reply Brief. | | 04-05336
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| 04/09/2004 | Order/Procedural | Filed Order. Appellants have moved for clarification of our March 8, 2004, order. Specifically, appellants represent that respondent 'has voluntarily withdrawn her cross-appeal' and therefore 'a 'reply' brief addressing issues no longer before the Court is neither necessary nor proper.' Our cursory review of respondent's answering brief indicates that respondent withdraws her cross-appeal. The proper method of withdrawing an appeal is to file a motion to voluntarily dismiss the appeal pursuant to NRAP 42(b). Respondent shall have 10 days from the date of this order to file a motion to dismiss her cross-appeal. We vacate that portion of our March 8, 2004, order directing respondent to file a reply brief on cross-appeal. We further note that briefing of this appeal and cross-appeal is completed. Respondent has moved for this court to strike 'two arguments' in the reply brief. Appellants oppose the motion. We conclude that it is premature at this time to determine whether those arguments appearing on pages 13, 14, 28 and 29, in the reply brief are improperly raised. Accordingly, we deny the motion to strike. We remind the parties that in resolving this appeal, this court will disregard any issue that is improperly raised on appeal or any factual matters or arguments improperly included in the parties' briefs. Respondent has also moved for this court to expedite the resolution of this appeal. Cause appearing, we grant the unopposed motion. This court shall expedite the resolution of this appeal to the extent that this court's docket permits. | | 04-06626
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| 04/21/2004 | Motion | Filed Motion. Respondent's Motion to Voluntarily Dismiss Cross-Appeal. | | 04-07387
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| 04/26/2004 | Order/Procedural | Filed Case Processing Order. Cause appearing, respondent/cross-appellant's motion for a voluntary dismissal of her cross-appeal is granted. The cross-appeal of Elizabeth Guerrero is dismissed. NRAP 42(b). | | 04-07599
|
| 05/03/2004 | Letter/Incoming | Filed Letter. from attorney Linda Bullen requesting that all future correspondence in this matter addressed to Lionel Sawyer & Collins be directed to her attention. | | 04-08084
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| 06/04/2004 | Notice/Outgoing | Issued Letter. to Clark County Clerk regarding transmission of missing pages to the joint appendix. | | |
| 06/14/2004 | Transcript | Filed Transcript. Proceedings: 11/8/01; 11/9/01; 11/14/01; and 11/16/01. Court Reporter: Paula Walsh. | | 04-10934
|
| 07/26/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 14, 2004, at 9:00 a.m. (SNP04D-RR/WM/MD) | | |
| 08/27/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 09/14/2004 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP04D-RR/WM/MD | | |
| 10/25/2004 | Letter/Incoming | Filed Letter. from attorney Linda M. Bullen stating that the parties have reached a settlement-in-principle. | | 04-19692
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| 12/06/2004 | Letter/Incoming | Filed Letter. from attorney Linda M. Bullen stating that the settlement in this matter is on-track, and that the parties are proceeding with the drafting of the settlement documents. | | 04-22203
|
| 01/06/2005 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | | |
| 01/10/2005 | Letter/Incoming | Filed Letter. from attorney Linda Bullen stating that the settlement in this matter is on-track, and that the parties are proceding with the drafting of the settlement documents. | | 05-00534
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| 03/24/2005 | Order/Procedural | Filed Order. Oral argument for this appeal was held on September 14, 2004. On October 25, 2004, appellants' counsel, Linda M. Bullen, submitted a letter to this court indicating that that the parties have reached a settlement. To date the parties have failed to file a stipulation or motion to dismiss this appeal. Appellants shall have 10 days from the date of this order to file a stipulation or motion to dismiss this appeal or otherwise inform this court of the status of this appeal. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned. | | 05-05724
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| 04/04/2005 | Motion | Filed Response to Order to Show Cause. Response to March 24, 2005, Order of the Court. | | 05-06523
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| 04/07/2005 | Notice/Incoming | Filed Proof of Service. Amended Certificate of Service. Re: Response to March 24, 2005 Order of the Court. | | 05-06889
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| 04/15/2005 | Order/Procedural | Filed Order. We grant appellants 30 additional days from the date of this order to file a stipulation or motion to dismiss this appeal or otherwise inform this court of the status of this appeal. Failure to comply with this order in a timely manner may result in the immediate submission of this matter for decision upon the parties' briefs and appendices and oral argument. | | 05-07439
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| 05/16/2005 | Motion | Filed Stipulation/Dismiss Appeal. | | 05-09533
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| 06/16/2005 | Order/Dispositional | Filed Stipulated Dismissal. Pursuant to the stipulation of the parties, and cause appearing, " . . . this appeal is dismissed." The parties shall bear their own costs associated with the appeal. NRAP 42(b). SNP05-RR/MG/JH | | 05-11796
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| 06/16/2005 | Case Status Update | Case Closed. No remittitur issued. | | |