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United States Court Cases

Nevada Supreme/Appellate Court Record

COLMENERO VS. DARLING

Case Information: 40111
Short Caption:COLMENERO VS. DARLINGCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A401595Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/13/2002 / Robinson, DavidSP Status:Completed
Oral Argument:09/13/2004 at 11:00 AMOral Argument Location:Las Vegas Office
Submission Date:09/13/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/23/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Office of Robert T. Knott Jr.--check no. 1112.
08/23/2002Notice 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.) 02-14478
09/11/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-15735
09/11/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Nitz Walton & Heaton, Ltd.--check no. 1876.
09/11/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-15762
09/13/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: David K. Robinson. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/30/2002Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 02-16840
10/02/2002Notice/Outgoing Letter. David K. Robinson. (Docketing statement of Respondent/Cross-Appellant)
11/19/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 02-19915
12/16/2002Settlement 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. The parties shall follow the parallel briefing schedules set forth below. COLMENERO APPEAL: appellants: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Respondent shall have 30 days from service of the opening brief and appendix to file and serve the answering brief. Appellants shall have 30 days from service of the answering brief to file and serve a reply brief. DARLING APPEAL: appellants: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Respondent shall have 30 days from service of the opening brief and appendix to file and serve the answering brief. Appellants shall have 30 days from service of the answering brief to file and serve a reply brief. 02-21440
01/02/2003Transcript RequestFiled Request for Transcript of Proceedings. Joint Request for Transcript of Proceedings. Transcripts requested: June 19, 2002 and June 20, 2002. To Court Reporter: James Helleso. 03-00125
01/03/2003Notice/IncomingFiled Proof of Service. to Joint Request for Transcripts filed on 01/02/03. 03-00163
02/10/2003MotionFiled Motion to Extend Time. 03-02352
02/12/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 10, 2003. Mr. Helleso shall have until February 27, 2003, to file and serve the requested transcripts. 03-02427
03/06/2003TranscriptFiled Transcript. Proceedings: June 19, 2002 and June 20, 2002. Court Reporter: James Helleso. 03-03830
04/14/2003MotionFiled Stipulation and Order. Appellants Colmenero & Darling. Brief due: May 15, 2003. 03-06332
05/19/2003BriefFiled Opening Brief. (Darling Appeal). 03-08445
05/19/2003AppendixFiled Appendix. (Darling Appeal). 03-08446
05/28/2003Order/ProceduralFiled Order. To date, appellants Denell Colmenero, Charles Colmenero and Thunderbird Development (Colmenero appellants) have failed to file their opening brief and appendix. The Colmenero appellants shall have 10 days from the date of this order to file and serve their opening brief and appendix. 03-08944
06/12/2003BriefFiled Opening Brief. Colmenero Appeal. 03-09800
06/12/2003AppendixFiled Appendix to Opening Brief. Colmenero Appeal. 03-09803
06/18/2003BriefFiled Answering Brief. Respondent Colmenero (Darling Appeal). 03-10176
07/11/2003MotionFiled Stipulation and Order. Brief due: July 28, 2003. 03-11701
07/21/2003BriefFiled Reply Brief. (Darling Appeal). 03-12291
07/30/2003BriefFiled Answering Brief. Charles Darling's Answering Brief. Colmenero Appeal. 03-12828
07/30/2003AppendixFiled Appendix to Answering Brief. Cross-Appellant's Supplemental Appendix to Cross-Appellant's Answering Brief. Colmenero Appeal. 03-12829
09/12/2003Case Status Update Briefing Completed. No reply brief filed.
12/12/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 14, 2004, at 11:30 a.m. (SNP04-RR/ML/WM)
12/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
01/12/2004Order/Clerk'sFiled Clerk's Order. Continuing Oral Argument. Due to a court emergency, the oral argument presently scheduled for January 14, 2004, at 11:30 a.m. is hereby vacated. The oral argument will be rescheduled for the next Southern Panel argument session to be held in March 2004. 04-00650
01/21/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 9, 2004, at 11:00 a.m. (SNP04S-MS/RR/WM)
01/30/2004Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on May 10, 2004, at 9:00 a.m. (SNP04S-MS/RR/WM)
03/17/2004Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on May 11, 2004, at 9:00 a.m. (SNP04S-MS/RR/WM)
04/26/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
05/05/2004Order/ProceduralFiled Order Vacating Argument and Rescheduling. Order Rescheduling Oral Argument. This matter is scheduled for oral argument on May 11, 2004. The court has determined to vacate the oral argument and schedule this matter for a hearing at a later date. Accordingly, we direct the clerk of this court to vacate the oral argument and reschedule this appeal for argument before the Southern Panel in Las Vegas on the next available oral argument calendar. Because the oral argument of this matter has been continued three times at the court's own request, we direct the clerk of this court to schedule the argument at a time convenient to both parties. 04-08294
07/26/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 13, 2004, at 11:00 a.m. (SNP04D-RR/WM/MD)
08/27/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
09/13/2004Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP04D-RR/WM/MD
12/01/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04D-RR/WM/MD 04-21894
12/28/2004RemittiturIssued Remittitur. 04-22295
12/28/2004Case Status Update Remittitur Issued/Case Closed.
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on December 30, 2004. 04-22295