Docket Entries |
Date | Type | Description | Pending? | Document |
10/30/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Crowell Susich Owen & Tackes--check no. 45896. | | |
10/30/2002 | 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.) | | 02-18713 |
11/12/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Lemons Grundy & Eisenberg--check no. 32997. | | |
11/12/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 02-19394 |
11/12/2002 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 02-19439 |
11/13/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Philip A. Olsen. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
12/16/2002 | Order/Procedural | Filed 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 |
12/24/2002 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 02-22024 |
01/08/2003 | Notice/Outgoing | Letter. Philip A. Olsen. (Docketing statement of Appellant/Cross-Respondent) | | |
02/11/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: March 18, 2003. | | 03-02410 |
03/26/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-05121 |
04/01/2003 | 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 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 |
04/08/2003 | Transcript Request | Filed 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 |
04/15/2003 | Transcript Request | Filed 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 |
04/17/2003 | Transcript Request | Filed Certificate of No Transcript Request. | | 03-06582 |
05/14/2003 | Notice/Incoming | Filed 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 |
07/21/2003 | Motion | Filed Motion to Extend Time. Motion for a 60-day extension of time to file the opening brief and joint appendix. | | 03-12247 |
07/23/2003 | Order/Procedural | Filed 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 |
07/29/2003 | Transcript | Filed 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 |
07/29/2003 | Letter/Incoming | Filed 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 |
09/25/2003 | Motion | Filed Motion to Extend Time. (Second Request-16 days requested) | | 03-16042 |
10/02/2003 | Order/Procedural | Filed 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 |
10/13/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 thorugh 7. | | 03-16959 |
10/15/2003 | Motion | Filed Motion and Order/Excess Pages. Granted: 49 pages. | | 03-17144 |
10/15/2003 | Brief | Filed Opening Brief. | | 03-17145 |
11/17/2003 | Motion | Filed Motion to Extend Time. | | 03-19141 |
11/20/2003 | Order/Clerk's | Filed 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 |
11/26/2003 | Order/Procedural | Filed 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 |
12/12/2003 | Motion | Filed Response to Motion. Respondent's Objection Regarding Transcripts. | | 03-20708 |
12/12/2003 | Other | Returned Mail. Order filed 11/26/03 addressed to Christy Y. Hamrey (court reporter) remailed to Minden County Clerk's Office. | | |
12/18/2003 | Motion | Filed Reply to Response. Appellant's Response to Respondent's Objection Regarding Transcripts. | | 03-21098 |
12/19/2003 | Transcript | Filed Transcript. Proceedings: 1/17/02. Court Reporter: Joan Wilder. | | 03-21152 |
01/02/2004 | Other | Other. Filed Supplement to Respondent's Objection Regarding Transcripts; Request for Extension Regarding Answering Brief. | | 04-00123 |
01/27/2004 | Order/Procedural | Filed 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 |
02/02/2004 | Motion | Filed Motion to Extend Time. | | 04-02099 |
02/04/2004 | Order/Procedural | Filed 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 |
02/04/2004 | Motion | Filed Motion to Dismiss Appeal. Cross-Appellant's Motion for Voluntary Dismissal of Cross-Appeal. | | 04-02219 |
02/04/2004 | Motion | Filed Motion and Order/Excess Pages. Motion for Permisison to File Answering Brief in Excess of Thirty Pages. Granted: 31 pages. | | 04-02221 |
02/04/2004 | Brief | Filed Answering Brief. | | 04-02222 |
02/04/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-02223 |
02/26/2004 | Motion | Filed Motion and Order Extending Time. Brief due: April 5, 2004. | | 04-03663 |
03/09/2004 | Order/Procedural | Filed 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 |
04/05/2004 | Brief | Filed Reply Brief. | | 04-06239 |
04/05/2004 | Appendix | Filed Appendix to Reply Brief. | | 04-06240 |
04/08/2004 | Motion | Filed Motion to Strike. Motion to Strike Addendum to Reply Brief. | | 04-06525 |
04/13/2004 | Motion | Filed Response to Motion. Response to Motion to Strike Addendum to Reply Brief. | | 04-06772 |
05/12/2004 | Order/Procedural | Filed 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 |
03/02/2005 | 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. | | |
03/02/2005 | Order/Procedural | Filed 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 |
03/02/2005 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP05-WM/MD/RP | | |
04/21/2005 | Order/Dispositional | Filed 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 |
05/09/2005 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Law Offices of Richard F. Cornell--check no. 11036. | | |
05/09/2005 | Post-Judgment Petition | Filed Petition for Rehearing. | | 05-08986 |
05/17/2005 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP05-WM/MD/RP | | 05-09633 |
05/26/2005 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to File Petition for Rehearing En Banc. | | 05-10412 |
06/06/2005 | Order/Procedural | Filed 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 |
06/10/2005 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Petition for Rehearing En Banc. | | 05-11444 |
06/10/2005 | Filing Fee | Returned Filing Fee. Check No.11079 in the amount of $150.00 returned to Richard Cornell. | | |
06/14/2005 | Remittitur | Issued Remittitur. | | 05-09740 |
06/22/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
06/27/2005 | Remittitur | Filed Remittitur. Received by County Clerk on June 17, 2005. | | 05-09740 |
07/07/2005 | Post-Judgment Order | Filed 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 |