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United States Court Cases

Nevada Supreme/Appellate Court Record

INS. CO. OF THE WEST VS. GIBSON TILE

Case Information: 42343
Short Caption:INS. CO. OF THE WEST VS. GIBSON TILECourt:Supreme Court
Related Case(s): 41450 , 42228 , 42897 , 42942
Lower Court Case(s):Clark Co. - Eighth Judicial District - A393957
Clark Co. - Eighth Judicial District - A401531
Clark Co. - Eighth Judicial District - A416027
Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/04/2003 / Kunin, IsraelSP Status:Completed
Oral Argument:02/22/2006 at 11:00 AMOral Argument Location:Carson City
Submission Date:02/22/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/17/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices Alverson Taylor Mortensen Nelson & Sanders--check no. 48035.
11/17/2003Notice 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.) 03-19060
11/21/2003MotionFiled Motion for Stay. Emergency Motion for Stay and Other Relief. (Filed via fax.) 03-19468
11/21/2003MotionFiled Motion for Stay. Emergency Motion for Stay and Other Relief. (Original) Nos. 42228 and 42343 (not consolidated) 03-19468
11/21/2003ExhibitFiled Exhibits (copies). Exhibits in Support of Insurance Company of the West's Emergency Motion for Stay and Other Relief. Nos. 42228 and 42343 (not consolidated) 03-19485
11/21/2003Order/ProceduralFiled Order. Granting Temporary Stay. We temporarily stay all proceedings in Eighth Judicial District Court Caser No. A393957, including the district court's order entered November 19, 2003, pending further order of this court. Gibson shall have 7 days from the date of this order to file a response to ICW's motion for a stay. Nos. 42228/ 42343-cases are not consolidated. 03-19508
11/25/2003Notice/OutgoingIssued Notice to Transmit Required Document. Minutes and docket entries for A401531and A416027, as well as a copy of each order (and notice of entry of order) as identified in the notice of appeal. Due Date: 10 days
12/01/2003Filing Fee Returned Filing Fee. Check No. 100429 returned to Beckley Singleton. (Filing fee previously paid.)
12/01/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 03-19907
12/01/2003MotionFiled Response to Motion. Gibson Tile Company's response to Appellant-Petitioner Insurance Company of the West's Emergency Motion for Stay and Other Relief. Nos. 42228/42343 - cases are not consolidated. 03-19956
12/02/2003MotionFiled Response to Motion. Gibson Tile Company's Supplement to Response to Appellant-Petitioner Insurance Company of the West's Emergency Motion for Stay and Other Relief. Nos. 42228/42343 - not consolidated. 03-20011
12/04/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Israel Kunin. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/08/2003MotionFiled Motion for Permission to File Document. Insurance Company of the West's Motion for Leave to File Reply. Nos. 42228 and 42343 (not consolidated). 03-20397
12/15/2003MotionFiled Motion. Motion for Release of Funds Held by Bank of America to Gibson Tile Company. Nos. 42228 and 42343 (not consolidated). 03-20779
12/16/2003Notice/IncomingFiled Proof of Service. Motion for Release of Funds Held by Bank of America to Gibson Tile Company) Nos. 42228/42343 - not consolidated. 03-20926
12/22/2003Notice/Outgoing Letter. Israel Kunin. (district court documents)
12/26/2003MotionFiled Motion. Insurance Company of the West's Motion to Strike Gibson's Motion for Release of Funds held back by Bank of America to Gibson Tile Company and Insurance Company of the West's Opposition to Gibson Tile Company's Motion for Release of Funds held back by Bank of America to Gibson Tile Company. Nos. 42228/42343 - not consolidated.
12/31/2003MotionFiled Response to Motion. Gibson Tile Company's Opposition to Appellant-Petitioner Insurance Company of the West's Motion to Strike Gibson's Motion for Release of Funds Held by Bank of America to Gibson Tile Company. Nos. 42228/42343 - not consolidated. 03-21693
12/31/2003Notice/IncomingFiled Proof of Service. (Motion to Strike). Nos. 42228/42343 - not consolidated. 03-21715
01/27/2004MotionFiled Motion. Gibson Tile Company's Supplement to Motion for Sanctions Against Insurance Company of the West and Its Counsel, for Perpetrating a Fraud Upon this Court. Nos. 42228/42343 - not consolidated. STRICKEN BY ORDER 04/29/04. 04-01685
01/27/2004TranscriptFiled Transcript. Proceedings: 9/16/03; 9/17/03; 9/18/03; 9/19/03; 9/22/03; 9/23/03; 9/24/03; 9/26/03. Court Reporter: Lee Bahr.
02/04/2004Order/ProceduralFiled Order. to file Docketing Statement. To date, appellant has failed to file a completed docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to comply timely may result in the imposition of sanctions, including dismissal of this appeal as abandoned. See NRAP 14(c). 04-02203
02/20/2004Docketing StatementFiled Docketing Statement. 04-03297
02/20/2004Other Other. Filed ICW's Response to Gibson's Latest "Supplement". Nos. 42228/42343 - not consolidated. STRICKEN BY ORDER 04/29/04.
02/25/2004Notice/Outgoing Letter. Israel Kunin. (docketing statement)
02/27/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-23825
03/02/2004Other Other. Filed Gibson Tile Company's Addendum to Supplement to Motion for Sanctions against Insurance Company of the West and its Counsel for Perpetrating a Fraud upon this Court. Nos. 42228 and 42343 (not consolidated). STRICKEN BY ORDER 04/29/04.
03/18/2004Settlement 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. On January 27, 2004, court reporter Lee Bahr filed certified copies of transcripts for proceedings held on September 16, 17, 18, 19, 22, 23, 24 and 26, 2003. Because appellant has not filed a transcript request form in compliance with NRAP 9(a), however, we are unable to determine whether all transcripts necessary for proper resolution of this appeal have been filed. Accordingly, appellant shall, within 15 days from the date of this order, file and serve a transcript request form setting forth, among other things, the specific date or dates of the trial or hearings to be transcribed. See NRAP 9(a). Appellant: 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). fn1[We note that there are several pending motions in this appeal. We defer ruling on those motions, however, at this time.] 04-05145
03/30/2004Letter/IncomingFiled Letter. from Orin Grossman informing this court that Arnold Weinstock is no longer associated with the law firm of Orin G. Grossman, P.C. and requests that Mr. Weinstock be removed as counsel. Nos. 42228/42343/42897 - not consoldiated. 04-05932
04/15/2004MotionFiled Motion to Consolidate. Motion to Consolidate Appeal No. 42343, Appeal No. 42942, and Petition No. 42897. 06/28/04 Order Dismissing Appeal in Docket Number 42942-fn2: appellant's motion to consolidate this appeal with the appeal in Docket Number 42343 and the writ petition in Docket Number 42897 is denied as moot. Nos. 42228/42343/42897 - cases are not consolidated. 04-06945
04/21/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/14/01, 01/15/03, 03/10/03, 03/25/03, 04/01/03, 04/10/03, 04/21/03, 06/09/03, and 09/08/03. To Court Reporter: Bahr/Broka/Gallegos/Silverman. 04-07401
04/29/2004Order/ProceduralFiled Order. Granting Stay. On November 21, 2003, this court temporarily stayed all proceedings in the underlying case. In determining whether to grant a stay pending appeal, this court considers four factors. Appellant has demonstrated that these factors militate in favor of a stay. We grant appellant's motion to stay all proceedings in consolidated Case Nos. A393957, A416027, and A401531 pending appeal. Appellant shall have 20 days from the date of t his order to post a corporate surety bond in the amount of $8 million from Employers Reinsurance Corporation and to submit proof to this court's clerk that the bond has been posted. fn2[We note that appellant has conceded that The Explorer Insurance Company is its subsidiary and cannot, alone, act as surety for appellant.] We direct the district court to discharge the Bank of America Garnishment upon the filing of the supersedeas bond described above. fn4[We deny respondent's motion for release of funds held by Bank of America, and deny appellant's motion to strike respondents' motion for release of funds. We grant appellant's motion for leave to file a reply, and direct the clerk to file the reply attached to appellant's motion filed on December 8, 2003. We remind counsel for appellant that a proposed reply should be submitted with, not attached to, a motion for leave to file a reply. Additionally, we note that respondents did not file a motion for sanctions in this case, and so we direct this court's clerk to strike Gibson's supplement to motion for sanctions filed on January 27, 2004, and its addendum to supplement to motion for sanctions filed on March 2, 2004, along with appellant's response to the first supplement filed on February 20, 2004.] 04-07898
04/29/2004MotionFiled Reply to Response. Insurance Company of the West's Reply on its Emergency Motion for Stay and Other Relief. 04-07904
05/11/2004Letter/IncomingFiled Letter. from attorney Orin G. Grossman regarding the Order Granting Stay filed in case no. 42343 on 4/29/04; The Motion for Sanctions filed in case no. 42228 on 11/24/03; and The Withdraw of Emergency Motion filed in case no. 42897 on 5/3/04. Nos. 42228; 42343; and 42897 - not consolidated. 04-08809
05/13/2004Notice/IncomingFiled Proof of Service. Proof of Posting Surety Bond. 04-08975
06/23/2004MotionFiled Motion and Order Extending Time. Brief due: July 16, 2004. 04-11397
06/28/2004Other Other. 06/28/04 Order Dismissing Appeal in Docket Number 42942-fn2: appellant's motion to consolidate this appeal with the appeal in Docket Number 42343 and the writ petition in Docket Number 42897 is denied as moot. Nos. 42228/42343/42897 - cases are not consolidated.
07/20/2004MotionFiled Motion to Extend Time. 04-13170
07/27/2004Order/ProceduralFiled Order. Regarding Transcripts. On April 21, 2004, appellant filed a transcript request form requesting court reporters Lee Bahr, Christa Broka, Loree Gallegos, and Norma Silverman to produce transcripts. See NRAP 9(b). fn1[A copy of the transcript request form is attached to this order.] To date, the requested transcripts for proceedings conducted on November 14, 2001, January 15, 2003, March 10, 2003, March 25, 2003, April 1, 2003, April 10, 2003, April 21, 2003, June 9, 2003, and September 8, 2003, have not been filed with this court. The court reporters shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, the court reporters shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, the court reporters, shall notify this court, in writing, of this fact. 04-13698
07/28/2004Order/ProceduralFiled Order. Denying Request for Retraction. On April 29, 2004, this court granted a stay pending appeal, and directed the district court to discharge the Bank of America garnishment in the underlying proceedings upon appellant's filing of an $8 million supersedeas bond from Employers Reinsurance Company. fn1[On May 13, 2004, ICW filed with this court proof that the surety bond has been posted in the district court.] On May 11, 2004, attorney for respondents Gibson Tile Co., Inc., Thomas Gibson and Kelly Gibson (collectively 'Gibson') submitted a letter to this court (with a copy to opposing counsel) seeking retraction of this court's April 29 order to the extent that it directed the court clerk to strike: 1) Gibson's supplement to its motion for sanctions filed on January 27, 2004; and 2) Gibson's addendum to its supplement to motion for sanctions filed on March 2, 2004. fn2[We elect to treat this portion of the letter as a motion, but caution Gibson that its letter was technically and procedurally improper and should have been submitted in the form of a formal motion.] As we noted in the order, Gibson did not file a motion for sanctions in the present appeal, Docket Number 42343. Gibson filed a motion for sanctions only in a related writ petition, Docket Number 42228. On April 28, 2004, this court denied the motion for sanctions and dismissed the petition in Docket Number 42228. Accordingly, we deny the relief sought by Gibson. 04-13702
08/03/2004Letter/IncomingFiled Letter. from Court Reporter Lee M. Bahr in response to this court's order filed July 27, 2004. 04-14048
08/04/2004Order/ProceduralFiled Order Granting Motion. filed July 20, 2004. Appellant shall have until August 16, 2004, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-14091
08/09/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to File Objection to Insurance Company of the West's Second Motion for Extension of Time to File Opening Brief. 04-14344
08/16/2004Letter/IncomingFiled Letter. from Court Reporter Lee M. Bahr in response to this court's order filed July 27, 2004, informing this court that he was not the court reporter for this matter. 04-14787
08/16/2004MotionFiled Motion. The Surety Association of America's Motion for Leave of Court to File Amicus Curiae Brief in Support of Appellant Insurance Company of the West. 04-14789
08/19/2004MotionFiled Motion to Extend Time. 04-15059
08/19/2004MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal and for the Imposition of Sanctions. 04-15061
08/20/2004Transcript RequestFiled Request for Transcript of Proceedings. (Amended) Transcripts requested: 01/15/03; 03/10/03; 03/25/03; 04/21/03; 06/09/03; and 09/08/03. To Court Reporter: Christa Broka; Loree Gallegos and Norma Silverman. 04-15103
08/24/2004MotionFiled Response to Motion. Respondents' Opposition to Motion for Leave to File an Amicus Curiae Brief. 04-15321
08/24/2004MotionFiled Response to Motion. Objection to Insurance Company of the West's Third Motion for Extension of Time to File Opening Brief. 04-15322
09/02/2004MotionFiled Motion to Extend Time. 04-16056
09/02/2004MotionFiled Motion for Excess Pages. 04-16057
09/02/2004Notice/IncomingFiled Proof of Service. Receipt of Copy (Motion for extension to file opposition to motion to dismiss; motion for extension to file OB; Motion to exceed page limit; appellant's OB; and appellant's appendix). 04-16058
09/02/2004BriefReceived Opening Brief.
09/02/2004AppendixReceived Appendix to Opening Brief.
09/03/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to File Opposition to Motion to Dismiss Appeal. 04-16143
09/03/2004MotionReceived Response to Motion. Opposition to Motion to Dismiss.
09/03/2004Notice/IncomingFiled Proof of Service. --Receipt of Copy. 04-16176
09/09/2004MotionFiled Motion for Permission to File Document. Motion for Leave of Court to file Reply to Opposition to Motion to Dismiss Appeal and for the Imposition of Sanctions. 12/06/04 order: detached and filed the reply attached to the motion filed 09/09/04. 04-16529
09/13/2004TranscriptFiled Transcript. Proceedings: 03/10/04, 03/21/04, 03/25/04, and 06/09/03. Court Reporter: Loree Gallegos and Angela Campagna. 04-16757
09/15/2004Notice/IncomingFiled Proof of Service. --receipt of copy for opposition to motion for leave to file reply. 04-16947
09/15/2004MotionFiled Response to Motion. Opposition to Motion for Leave to File Reply. 04-16968
09/20/2004Order/ProceduralFiled Order. The Surety Association of America ('SAA') has moved for leave to file an amicus curiae brief and appendix in support of appellant. Respondents oppose the motion. Cause appearing, we grant appellant's motion in part. The clerk shall file the amicus brief received on August 16, 2004. However, the appendix contains documents that are not included in the record on appeal. Accordingly, the clerk shall return, unfiled, the appendix to the amicus brief received on August 16, 2004. We caution SAA that this court may disregard any and all portions of the amicus brief that present partisan argument. We additionally note that this court may disregard the amicus brief if further review indicates that it essentially duplicates arguments made in appellant's opening brief. On August 4, 2004, this court entered an order granting appellant's motion for an extension of time to file the opening brief. On August 5, 2004, this court received respondents' untimely opposition to appellant's motion. On August 9, 2004, respondents moved for an extension of time to file their opposition to appellant's motion for an extension of time. Cause appearing, we grant respondents' motion for an extension of time to file their opposition. fn1[The clerk shall file the 'Objection to [appellant's] Second Motion for Extension of Time to File Opening Brief' received on August 5, 2004.] We elect to treat respondents' opposition as a motion for reconsideration of our previous order. No good cause appearing, we deny respondents' motion. However, we defer ruling on the portion of respondents' motion for reconsideration that requests dismissal of this appeal. On August 19, 2004, respondents filed a motion to dismiss this appeal. We defer ruling on the motion to dismiss. On that same date, appellant filed a third motion for an extension of time to file the opening brief. Respondents oppose the motion. Cause appearing, we grant appellant's motion. However, we again defer ruling on the portion of respondents' opposition that requests dismissal of this appeal. Appellant shall have 5 days from the date of this order to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Respondents shall have 30 days from service of appellant's opening brief to file and serve a single answering brief to appellant's opening brief and SAA's amicus brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-17315
09/20/2004MotionFiled Response to Motion. Objection to Insurance Company of the West's Second Motion for Extension of Time to File Opening Brief. 04-14238
09/20/2004BriefFiled Amicus Brief. Amicus Brief of The Surety Association of America in Support of Appellant Insurance Company of the West. 04-14790
09/20/2004Notice/OutgoingIssued Letter. to attorney Alan J. Lefebvre. Returned unfiled, "Appendix of the Amicus Curiae The Surety Association of America, received August 16, 2004."
09/20/2004MotionFiled Motion for Permission to File Document. The Surety Association of America's Request for Permission to File Reply. 04-17406
09/20/2004Order/ProceduralFiled Order Granting Motion. On September 20, 2004, this court entered an order that, among other things, granted appellant's August 19, 2004, motion for an extension of time to file the opening brief. Our order granted appellant 5 days to file and serve the opening brief and appendix. Our order did not resolve appellant's September 2, 2004, motions that requested another extension of time to file the opening brief and appendix and leave to file a brief in excess of 30 pages. We grant the motions filed September 2, 2004. The clerk of this court shall file the opening brief and appendix received on September 2, 2004. Respondents shall have 30 days from the date of this order to file and serve a single answering brief to appellant's opening brief and SAA's amicus brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We grant appellant's motion filed September 3, 2004, requesting an extension of time to file an opposition to respondents' motion to dismiss appeal. The clerk of this court shall file the opposition to motion to dismiss appeal received on September 3, 2004. 04-17411
09/20/2004BriefFiled Opening Brief. 04-16060
09/20/2004AppendixFiled Appendix to Opening Brief. Volumes 1 through 17.
09/20/2004MotionFiled Response to Motion. Opposition to Motion to Dismiss. 04-16145
10/14/2004MotionFiled Motion to Extend Time. 60 days requested. 04-19025
10/21/2004MotionFiled Motion and Order/Excess Pages. Granted: 40 pages for answering brief. 04-19502
10/27/2004Order/ProceduralFiled Order. Granting Motion and Directing the Filing of Transcripts. Respondents have moved for a 60-day extension of time to file the answering brief. In support of the motion, respondents' counsel cites to medical reasons. Cause appearing, we grant the motion. Respondents shall have until December 20, 2004, to file and serve the answering brief. Appellant shall have 30 days from service of the answering brief to file and serve a reply brief, if deemed necessary. On August 20, 2004, appellant filed an amended transcript request form. Accordingly, all requested transcripts were due to be filed by September 20, 2004. To date, court reporter Christa Broka has not filed the requested transcript for January 15, 2003, and court reporter Norma Silverman has not filed the requested transcript for September 8, 2003. Ms. Broka and Ms. Silverman shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, Ms. Broka and Ms. Silverman shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Broka and Ms. Silverman shall notify this court, in writing, of this fact. Fn1 [A copy of the amended transcript request form is attached to this order.] 04-19875
11/09/2004Other Returned Mail. Order filed 10/27/04 addressed to Christa Broka (court reporter) remailed to corrected address.
11/18/2004TranscriptFiled Transcript. Proceedings: 1/15/03. Court Reporter: Christa Broka. 04-21311
12/06/2004Order/ProceduralFiled Order. Denying Motion to Dismiss and to Impose Sanctions. On August 19, 2004, respondents filed a motion to dismiss and for the imposition of sanctions, and appellant filed an opposition on August 24, 2004. We conclude that dismissal and sanctions are not warranted at this time. Therefore, respondents' motion is denied. fn2[We also grant respondents' September 9, 2004 motion to file a reply to appellant's opposition to motion to dismiss appeal and for the imposition of sanctions, and direct the clerk of this court to file the reply attached to the motion. We further grant the motion by The Surety Association of America to file a reply to Gibson tile Company, Inc.'s opposition to motion for leave of court to file an amicus curiae brief, and direct the clerk to file the association's reply provisionally received on September 20, 2004.] 04-22167
12/06/2004MotionFiled Reply to Response. Gibson's Reply to Insurance Company of the West's Opposition Motion to Dismiss Appeal and for the Imposition of Sanctions. 04-22168
12/06/2004MotionFiled Reply to Response. The Surety Association of America's Reply to Gibson Tile Company, Inc.'s Opposition to Motion for Leave of Court to file Amicus Curiae Brief. 04-17408
12/14/2004MotionFiled Motion for Excess Pages. Respondents' Second Motion to Exceed Page Limit. 04-22776
12/16/2004MotionFiled Motion to Extend Time. Supplemental Motion for Extension of Time to file Answering Brief (with attachments). 04-22935
12/30/2004Order/ProceduralFiled Order. Granting Motions and Directing the Filing of a Transcript. On October 21, 2004, this court entered an order that granted respondents' motion to file a 40-page answering brief. On December 14, 2004, respondents filed a motion requesting that they be allowed to file a 68-page answering brief instead. Cause appearing, we grant the motion. Respondents shall file an answering brief that does not exceed 68 pages in length. Respondents have also moved for a 30-day extension of time to file the answering brief. In support of the motion, respondents' counsel cites health reasons and the need to consult with associated counsel Mr. Michael Wall. fn1[We note that this court's docket does not reflect that Mr. Wall is counsel of record in this appeal. If Mr. Wall is representing respondents in this matter, then he shall file a notice of appearance with this court within 15 days from the date of this order.] Cause appearing, we grant the motion. Respondents shall have until January 20, 2005, to file and serve their answering brief. Appellant shall have 30 days from service of the answering brief to file and serve the reply brief, if deemed necessary. On August 20, 2004, appellant filed an amended transcript request form. fn2[A copy of the amended transcript request form is attached to this order.] Court reporter Norma Silverman shall have 20 days from the date of this order to prepare and file the requested transcript for proceedings conducted on September 8, 2003. If more time is needed to complete the preparation of the transcript, Ms. Silverman shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Silverman shall notify this court, in writing, of this fact. Failure to timely comply with this order may result in the imposition of sanctions. 04-23729
01/18/2005Notice/IncomingFiled Notice of Association of Counsel. Orin G. Grossman, P.C. associates the firm of Hutchison & Steffen on behalf of respondents. 05-00987
01/21/2005BriefFiled Answering Brief. 05-01350
01/21/2005AppendixFiled Appendix to Answering Brief. Vols. 1 through 5.
01/25/2005Notice/IncomingFiled Notice. Receipt of Documents. 05-01545
02/24/2005MotionFiled Motion and Order Extending Time. Brief due: March 24, 2005. 05-03722
03/28/2005MotionFiled Motion to Extend Time. 05-05958
04/14/2005MotionFiled Motion. Respondents' Motion to Treat Appellant's Failure to Timely File Reply Brief as a Confession of Error. 05-07305
04/18/2005TranscriptReceived Transcript. Proceedings: September 8, 2003. Court Reporter: Norma Jean Silverman. 05-07566
04/28/2005MotionFiled Response to Motion. Opposition to Motion for Confession of Error. 05-08381
04/28/2005BriefReceived Reply Brief. 05-08382
04/29/2005Order/ProceduralFiled Order. Imposing Sanctions, Referring for Investigation, Granting Extension of Time and Denying Motion to Treat Failure to file Reply Brief as Confession of Error. On April 18, 2005, this court received a copy of the September 8, 2003, transcript. The transcript was submitted six months after the initial due date and over three months after the due date established in our December 30, 2004, order. In the interest of judicial economy, we direct the clerk of this court to file the transcript received on April 18, 2005. We conclude that Ms. Silverman's failure to submit a motion for leave to file the late transcript or to otherwise communicate with this court warrants the imposition of sanctions. Ms. Silverman shall have 20 days from the date of this order to personally pay the sum of $250.00 to the Supreme Court Law Library. Within that same time period, Ms. Silverman shall file proof of payment with this court indicating that she has paid her sanction to the Supreme Court Law Library. We refer this matter to the Certified Shorthand Reporters Board of Nevada for investigation into whether Ms. Silverman's conduct warrants further disciplinary action. Appellant has filed a second motion for an extension of time to file the reply brief. We grant the motion. The clerk shall file the reply brief received on April 28, 2005. Respondents have moved to treat appellant's failure to file the reply brief within the time allotted as a confession of error and for dismissal of this appeal. No good cause appearing, we deny respondents' motion. 05-08446
04/29/2005TranscriptFiled Transcript. Proceedings: September 8, 2003. Court Reporter: Norma Jean Silverman. 05-07566
04/29/2005BriefFiled Reply Brief. 05-08382
05/16/2005Letter/IncomingFiled Letter. from Court Reporter Norma Jean Silverman requesting that the sanctions imposed against her be reconsidered. 05-09518
09/19/2005Order/ProceduralFiled Order. Partially Vacating Sanction. We hereby vacate the $250.00 monetary sanction imposed on Ms. Silverman in our April 29, 2005, order. However, we decline to vacate our referral of this matter to the Certified Shorthand Reporters Board of Nevada. 05-18528
09/22/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 17, 2005, at 1:30 p.m. (En Banc)
09/29/2005MotionFiled Motion to Reset Oral Argument. 05-19376
10/06/2005MotionFiled Motion. Respondents' Joinder to Appellant's Motion and Additional Request to Reset Oral Argument. 05-19829
10/17/2005Order/ProceduralFiled Order Rescheduling Oral Argument. The oral argument presently schedule for November 17, 2005, at 1:30 p.m. is vacated. The clerk shall schedule this appeal for oral argument on January 12, 2006, at 1:30 p.m. in Carson City. Argument shall be limited to 30 minutes. 05-20478
10/21/2005MotionFiled Motion. Motion to Exonerate Bonds. 05-20920
11/01/2005MotionFiled Response to Motion. to Exonerate Bonds. 05-21516
11/22/2005Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes in Carson City on February 22, 2006, at 11:00 a.m. (En Banc)
11/23/2005MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply in Support of Motion to Exonerate Bonds. 05-23108
12/02/2005MotionFiled Response to Motion. Respondents' Opposition to Motion for Leave to File Reply in Suport of Motion to Exonerate Bonds. 05-23602
12/21/2005Order/ProceduralFiled Order. Directing Exoneration of Bonds. fn1[We grant appellant's November 23, 2005 motion, and direct the court clerk to file appellant's reply received on that date.] We grant ICW's present motion and direct the district court to exonerate the two earlier bonds for $6,914,677.78 and $133,408.52 previously posted in that court. fn3[The Honorable Deborah A. Agosti, Senior Justice, participated in the decision of this matter under a general order of assignment entered on July 14, 2005.] 05-24805
12/21/2005MotionFiled Reply to Response. Reply in Support of Motion to Exonerate Bonds. 05-23110
02/08/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
02/10/2006BriefFiled Supplemental Authorities. Appellant's Supplemental Points and Authorities. 06-03023
02/22/2006Notice/IncomingFiled Notice of Association of Counsel. Robert Martin of the law firm of McCrea Martin Allison as co-counsel for respondents. 06-03895
02/22/2006Case Status Update Submitted for Decision. To the En Banc Court. EN BANC-RR/NB/WM/MG/MD/JH/RP
05/11/2006Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court EN BANC. Author: Gibbons, J. We concur: Rose, C.J., Douglas and Parraguirre, JJ. Maupin, J., with whom Becker and Hardesty, JJ., agree, concurring. 122 Nev. Adv. Opn. No. 40. EN BANC. 06-09872
05/25/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from Orin Grossman - check no. 60684.
05/25/2006Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing of an En Banc Decision. 06-11044
05/30/2006MotionFiled Motion. Appellants. 06-11307
06/12/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). EN BANC 06-12217
06/28/2006MotionFiled Motion for Stay. Respondents' Motion for Stay of Remittitur. 06-13295
07/11/2006MotionFiled Response to Motion. Opposition to Respondents' Motion for Stay of Remitittur. 06-14299
07/17/2006Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Reply to Appellant's Opposition to Respondents' Motion for Stay of Remittitur."
07/28/2006Order/ProceduralFiled Order Denying Motion. to stay issuance of the remittitur. No good cause appearing, we deny respondents' motion. The clerk shall issue the remittitur forthwith. 06-15782
07/28/2006RemittiturIssued Memorandum of Costs. Costs allowed and taxed: $250.00 06-11658
07/28/2006RemittiturIssued Remittitur. 06-15818
07/28/2006Case Status Update Remittitur Issued/Case Closed.
08/03/2006RemittiturFiled Remittitur. Received by County Clerk on August 1, 2006. 06-15818