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United States Court Cases

Nevada Supreme/Appellate Court Record

HANEY VS. MEAGHER

Case Information: 40421
Short Caption:HANEY VS. MEAGHERCourt:Supreme Court
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 00CV0263Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/13/2002 / Olsen, PhilipSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/02/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/30/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Crowell Susich Owen & Tackes--check no. 45896.
10/30/2002Notice 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.) 02-18713
11/12/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lemons Grundy & Eisenberg--check no. 32997.
11/12/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-19394
11/12/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-19439
11/13/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Philip A. Olsen. (Briefing and preparation of transcripts suspended pending further order of this court.)
12/16/2002Order/ProceduralFiled Order. To date respondent/cross-appellant (respondent) has failed to file the docketing statement. Respondent shall, within 10 days from the date of this order, file and serve the docketing statement. (Docketing statement mailed to counsel for respondent/cross-appellant.) 02-21456
12/24/2002Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 02-22024
01/08/2003Notice/Outgoing Letter. Philip A. Olsen. (Docketing statement of Appellant/Cross-Respondent)
02/11/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: March 18, 2003. 03-02410
03/26/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-05121
04/01/2003Settlement 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/cross-respondent and respondent/cross-appellant shall each have 15 days to comply with NRAP 9(a). Appellant: 120 days to file and serve opening brief and appendix. Cross-appellant: 30 days from service of appellant opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant: 30 days from service of cross-appellant combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent: 30 days from service of cross-appellant combined brief to file and serve a reply brief on cross-appeal. 03-05445
04/08/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: April 30, 2001; May 1, 2001; January 14, 15, 16, 17, 18, 2002; February 7, 8, 22, 27, 28, 2002; and September 12, 2002. To Court Reporter: Joan Wilder 03-05887
04/15/2003Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transciprts of Proceedings. Transcripts requested: January 14, 15, 16, 17, 18, 2002; February 7, 8, 22, 2002; March 27, 28 2002; and September 12, 2002. To Court Reporter: Joan Wilder. 03-06437
04/17/2003Transcript RequestFiled Certificate of No Transcript Request. 03-06582
05/14/2003Notice/IncomingFiled Substitution of Attorneys. Richard F. Cornell in place and stead of Crowell, Susich, Owen & Tackes as counsel for appellant/cross-respondent Daniel Haney. 03-08196
07/21/2003MotionFiled Motion to Extend Time. Motion for a 60-day extension of time to file the opening brief and joint appendix. 03-12247
07/23/2003Order/ProceduralFiled Order. Court reporter Joan Wilder shall have 20 days from the date of this order to prepare and file the transcripts requested on April 8, 2003 and April 17, 2003. If more time is needed to complete the preparation of the transcripts, Ms. Wilder shall, within the same time period, file a motion requesting an extension of time. If the requested transcript cannot be produced, Ms. Wilder shall notify this court, in writing, of this fact. On July 21, 2003, appellant filed a motion requesting a 60-day extension of time to file the opening brief. Cause appearing, we grant the motion. Appellant shall have until September 29, 2003, to file and serve the opening brief and appendix. 03-12477
07/29/2003TranscriptFiled Transcript. Proceedings: 1/14/02; 1/16/02; 1/17/02; 1/18/02; 3/27/02; 3/28/02; 9/12/02. Court Reporter: Joan Wilder. 03-12742
07/29/2003Letter/IncomingFiled Letter. from Court Reporter Joan Wilder. Some of the transcripts requested were previously filed in the district court. Due to an injury she was unable to complete the transcripts on time. 03-12743
09/25/2003MotionFiled Motion to Extend Time. (Second Request-16 days requested) 03-16042
10/02/2003Order/ProceduralFiled Order Granting Motion. filed September 25, 2003. Appellant/cross-respondent shall have until October 15, 2003, 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. 03-16373
10/13/2003AppendixFiled Appendix to Opening Brief. Vols. 1 thorugh 7. 03-16959
10/15/2003MotionFiled Motion and Order/Excess Pages. Granted: 49 pages. 03-17144
10/15/2003BriefFiled Opening Brief. 03-17145
11/17/2003MotionFiled Motion to Extend Time. 03-19141
11/20/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed November 17, 2003. Respondent/cross-appellant shall have until December 15, 2003, to file and serve a combined answering brief on appeal and opening brief on cross-appeal. 03-19329
11/26/2003Order/ProceduralFiled Order. Regarding Transcripts. On April 15, 2003, appellant/cross-respondent ('appellant') filed a transcript request form requesting the production of eleven transcripts by court reporter Joan Wilder. On October 13, 2003, appellant filed a seven-volume appendix which includes ten of the eleven requested transcripts. These ten transcripts consisted of the same seven transcripts that were filed by Ms. Wilder, as well as the transcripts for proceedings conducted on February 7, 2002, February 8, 2002, and February 22, 2002. It appears, however, that the transcripts were improperly included in the appendix. We additionally note that the seven transcripts filed by Ms. Wilder appear to be deficient. Our review of the district court minute entries indicates that there were no proceedings conducted on January 15, 2002. Accordingly, we conclude that Ms. Wilder is not obligated to produce a transcript for the requested proceeding date of January 15, 2002. Despite all the procedural deficiencies noted above, in the interest of judicial economy we waive the requirements of NRAP 9(a), 9(b), 10(b), 30(b)(1), 30(c)(1), and DCR 12(7). The appellant and Ms. Wilder are not obligated to correct their procedural errors and this court will accept the transcripts filed on July 29, 2003, and the transcripts included in appellant's appendix, unless respondent/cross-appellant files an objection with this court within 15 days. We admonish appellant's counsel and Ms. Wilder for their failure to comply with the Nevada Rules of Appellate Procedure and further admonish Ms. Wilder for her failure to comply with Nevada District Court Rules in preparing transcripts. We caution appellant's counsel and Ms. Wilder that future failures to comply with the rules may result in the imposition of sanctions. 03-19831
12/12/2003MotionFiled Response to Motion. Respondent's Objection Regarding Transcripts. 03-20708
12/12/2003Other Returned Mail. Order filed 11/26/03 addressed to Christy Y. Hamrey (court reporter) remailed to Minden County Clerk's Office.
12/18/2003MotionFiled Reply to Response. Appellant's Response to Respondent's Objection Regarding Transcripts. 03-21098
12/19/2003TranscriptFiled Transcript. Proceedings: 1/17/02. Court Reporter: Joan Wilder. 03-21152
01/02/2004Other Other. Filed Supplement to Respondent's Objection Regarding Transcripts; Request for Extension Regarding Answering Brief. 04-00123
01/27/2004Order/ProceduralFiled Order. Regarding Transcript and Modifying Briefing Schedule. On November 26, 2003, this court entered an order that noted the transcripts filed by the court reporter and the transcripts included in appellant's appendix appeared deficient in various respects. Nevertheless, this court noted that these transcripts would be accepted unless either of the parties objected within 15 days. On December 12, 2003, respondent/cross-appellant ('respondent') filed an 'Objection Regarding Transcripts' requesting that the briefing schedule be suspended until a missing transcript is prepared and provided to respondent's counsel. On January 2, 2004, respondent filed a supplement to the objection in which she noted that she has received the missing transcript. Because of the late filing of the transcript, respondent requested an extension of time until January 30, 2004, to prepare her brief. Cause appearing, we grant the motion. Respondent shall have until January 30, 2004, to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 30 days from service of respondent's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent shall have 30 days from service of appellant's combined brief to file and serve the reply brief on cross-appeal, if deemed necessary. 04-01617
02/02/2004MotionFiled Motion to Extend Time. 04-02099
02/04/2004Order/ProceduralFiled Order Granting Motion. filed February 2, 2004. Respondent shall have 7 days from the date of this order to file and serve the answering brief on appeal and opening brief on cross-appeal. 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. 04-02202
02/04/2004MotionFiled Motion to Dismiss Appeal. Cross-Appellant's Motion for Voluntary Dismissal of Cross-Appeal. 04-02219
02/04/2004MotionFiled Motion and Order/Excess Pages. Motion for Permisison to File Answering Brief in Excess of Thirty Pages. Granted: 31 pages. 04-02221
02/04/2004BriefFiled Answering Brief. 04-02222
02/04/2004AppendixFiled Appendix to Answering Brief. 04-02223
02/26/2004MotionFiled Motion and Order Extending Time. Brief due: April 5, 2004. 04-03663
03/09/2004Order/ProceduralFiled Case Processing Order. Order Dismissing Cross-Appeal and Denying Request for Release of the Cost Bond. Cause appearing, we grant respondent/cross-appellant's ('respondent') motion for a voluntary dismissal of her cross-appeal. The cross-appeal is dismissed. NRAP 42(b). Respondent has also requested 'release of the $250 cost bond, which was filed pursuant to NRAP 7.' Because a bond for costs on appeal in civil cases is filed in the district court, any relief regarding the bond is properly sought in the district court, not the supreme court. See NRAP 7. Accordingly, we deny respondent's request for release of the cost bond. 04-04427
04/05/2004BriefFiled Reply Brief. 04-06239
04/05/2004AppendixFiled Appendix to Reply Brief. 04-06240
04/08/2004MotionFiled Motion to Strike. Motion to Strike Addendum to Reply Brief. 04-06525
04/13/2004MotionFiled Response to Motion. Response to Motion to Strike Addendum to Reply Brief. 04-06772
05/12/2004Order/ProceduralFiled Order Denying Motion. Respondent/cross-appellant ('respondent') has moved to strike pages 25-29 of appellant's reply brief, consisting of an 'Addendum to Reply Brief.' Appellant/cross-respondent opposes the motion. No good cause appearing, we deny respondent's motion to strike. We caution the parties that in resolving this appeal this court will disregard any assertion in the briefs that is not properly supported by a citation to the record. 04-08825
03/02/2005Notice/OutgoingIssued 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.
03/02/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 05-04114
03/02/2005Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP05-WM/MD/RP
04/21/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn15[We have considered Haney's other assignments of error and conclude that they are without merit.] NNP05-WM/MD/RP 05-07801
05/09/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Offices of Richard F. Cornell--check no. 11036.
05/09/2005Post-Judgment PetitionFiled Petition for Rehearing. 05-08986
05/17/2005Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP05-WM/MD/RP 05-09633
05/26/2005MotionFiled Motion to Extend Time. Motion for Extension of Time to File Petition for Rehearing En Banc. 05-10412
06/06/2005Order/ProceduralFiled Order Granting Motion. requesting an extension of time to file a petition for en banc reconsideration. Appellant shall have until June 10, 2005, to file and serve his petition. 05-11005
06/10/2005Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Petition for Rehearing En Banc. 05-11444
06/10/2005Filing Fee Returned Filing Fee. Check No.11079 in the amount of $150.00 returned to Richard Cornell.
06/14/2005RemittiturIssued Remittitur. 05-09740
06/22/2005Case Status Update Remittitur Issued/Case Closed.
06/27/2005RemittiturFiled Remittitur. Received by County Clerk on June 17, 2005. 05-09740
07/07/2005Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC 05-13428