judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

EARTH GUARD ENVTL. VS. CLARK CO.

Case Information: 44293
Short Caption:EARTH GUARD ENVTL. VS. CLARK CO.Court:Supreme Court
Related Case(s): 44013
Lower Court Case(s):Clark Co. - Eighth Judicial District - A406630Classification:Civil Appeal - General - Other
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/29/2004 / Segel, M.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/23/2004Filing Fee Filing Fee due.
11/23/2004Notice 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.) 04-21484
11/23/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days.
11/23/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
11/24/2004Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days.
11/29/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/10/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Callister & Reynolds - check no. 3847.
12/10/2004Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on December 7, 2004. 04-22627
12/17/2004Notice/Outgoing Letter. M. Nelson Segel. (case appeal statement)
02/08/2005Notice/OutgoingIssued Notice to File Docketing Statement.
02/16/2005Docketing StatementFiled Docketing Statement. 05-03119
02/18/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 44013/44293-cases are not consolidated. 05-03395
03/01/2005Order/ProceduralFiled Order. Consolidating Appeals and Reinstating Briefing. These appeals arise from the same district court case and involve the same parties. We consolidate these appeals for all appellate procedure. The parties were unable to agree to a settlement in these matters. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve a single opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 44013/44293. (05-03980)
03/23/2005Notice/OutgoingIssued Notice to File Transcript Request. Due Date: 10 days. Nos. 44013/44293.
04/04/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/02/02, 03/31/03, 06/23/03, 08/18/03, 09/03/03, 09/24/03, 04/14/04, 05/05/04, 12/16/02, and 07/26/04. To Court Reporter: Paula Walsh. Nos. 44013/44293 (05-06594).
04/12/2005Letter/IncomingFiled Letter. to Callister & Reynolds from court recorder Paula Walsh. The only hearing held before Judge Hardcastle was 7/26/04. Nos. 44013/44293 [05-07124]
04/20/2005Transcript RequestFiled Request for Transcript of Proceedings. Amended Request. Transcripts requested: 12/02/02, 03/31/03, 06/23/03, 08/18/03, 09/03/03, 09/24/03, 04/14/04, 05/05/04, and 12/16/02. To Court Reporter: Kit McDonnel. Nos. 44013/44293 (05-07698).
04/27/2005TranscriptFiled Transcript. Proceedings: July 26, 2004. Court Reporter: Paula Walsh. Nos. 44013/44293 [05-08296]
05/04/2005Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order within which to show cause why these appeals should not be dismissed for lack of jurisdiction. The preparation of transcripts and the briefing schedule in these appeal shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. Nos. 44013/44293. (05-08804)
05/05/2005Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcripts requested: 5/14/03; 2/23/04; and 3/25/04. To Court Reporter: Kit McDonnel. Nos. 44031/44293 (05-08862).
05/05/2005Transcript RequestFiled Request for Transcript of Proceedings. Second Supplemental Request for Transcripts requested: 10/25/04. To Court Reporter: Paula Walsh. Nos. 44013/44293 (05-08868).
05/12/2005Letter/IncomingFiled Letter. Courtesy copy of letter addressed to Matthew Callister from Paula Walsh, Senior Recorder/Transcriber. The October 25, 2005 motion calendar was not recorded. Nos. 44013/44293 (05-09334).
06/08/2005MotionFiled Motion to Extend Time. Motion for Extension of Time to Respond to Order to Show Cause. Nos. 44013/44293 (05-11261).
06/14/2005Order/Clerk'sFiled Clerk's Order Granting Motion. filed June 8, 2005. Appellant shall have until July 5, 2005, to file and serve its answer. Nos. 44013/44293 [05-11664]
07/05/2005MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. Nos. 44013/44293 (05-13212).
08/04/2005Order/DispositionalFiled Order Dismissing Appeal. Reinstating Briefing in Docket No. 44013 and Dismissing Appeal in Docket No. 44293. These are consolidated appeals. When our preliminary review of the docketing statement and the NRAP 3(e) documents revealed a potential jurisdictional defect, we ordered appellant to show cause why these appeals should not be dismissed for lack of jurisdiction. The June 24, 2005 district court order appears to resolve the remaining claims in this matter; therefore it constitutes an appealable final judgment. We have jurisdiction over the appeal in Docket No. 44013 and shall allow it to proceed. Because the district court order appealed from in Docket No. 44293, awarding attorney fees and costs was entered before the district court entered its final order in the matter, it is not independently appealable under NRAP 3A(b)(2) as a special order after final judgment. 'We dismiss the appeal in Docket No. 44293.' Appellant may challenge the interlocutory order awarding attorney fees and costs within the context of its appeal from the final order in Docket No. 44013. We reinstate the preparation of transcripts and the briefing schedule. Court reporter Kit McDonnel (Kit MacDonald) shall have 30 days from the date of this order to prepare, file and serve the transcripts requested by appellant in the transcript request forms filed on April 20, 2005 and May 5, 2005. Appellant shall have 80 days from the date of this order within which to file and serve an opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). SNP05-RR/MG/JH. Nos. 44013/44293 – cases are no longer consolidated. 05-15492
08/30/2005RemittiturIssued Remittitur. 05-16212
08/30/2005Case Status Update Remittitur Issued/Case Closed.
09/08/2005RemittiturFiled Remittitur. Received by County Clerk on September 2, 2005. 05-16212
04/19/2006MotionFiled Response to Order to Show Cause. Appellant, Earth Guard Environmental, Inc.'s Response to the Order Regarding Transcripts. Nos. 44013/44293 - not consolidated. 06-08303