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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40234
Lower Court Case(s):Clark Co. - Eighth Judicial District - A410465Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/30/2002 / Perry, VictorSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
09/19/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Mona Asberom--check no. 4165.
09/19/2002Notice 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.) 02-16310
09/19/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Snell & Wilmer, L.L.P.--check no. 1521.
09/19/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 02-16311
09/30/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Victor Alan Perry. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/07/2002Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 02-17237
10/07/2002Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 02-17317
10/10/2002Notice/Outgoing Letter. Victor Alan Perry. (Docketing statement of Respondent/Cross-Appellant and Appellant/Cross-Respondent)
12/09/2002Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Letter from Settlement Judge Perry. The settlement conference is scheduled for January 10, 2003. 02-21006
01/17/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: October 9, 2000, February 25, 2002, March 7, 8, 11, 12, 13, 14, 2002 (Jury Trail); June 10, 2002 and August 5, 2002. To Court Reporter: Paula Walsh. 03-00944
01/21/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-01080
01/23/2003Notice/OutgoingIssued Notice of Modification of Caption. Deleted Aetna Casualty & Surety Company as a respondent.
01/31/2003Settlement 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. Court reporter Paula Walsh shall have 30 days from the date of this order to prepare and file the transcripts requested by appellants/ cross-respondents pursuant to the transcript request filed on January 17, 2003 or if the transcripts were prepared and filed in the district court prior to the docketing of this appeal, the court reporter shall inform this court in writing that the requested transcripts were previously prepared and filed in the district court. Appellants/cross-respondents: 100 days to file and serve opening brief and appendix. Respondent/cross-appellant: 30 days thereafter to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants/cross-respondents: 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent/cross-appellant: 30 days thereafter to file and serve a reply brief on cross-appeal. 03-01694
03/05/2003MotionFiled Motion to Extend Time. 03-03700
03/06/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed March 5, 2003. Court recorder Paula Walsh shall have 7 days from the date of this order to file and serve the requested transcripts. 03-03798
03/10/2003TranscriptFiled Transcript. Proceedings: March 7, 2002, March 8, 2002, March 12, 2002, March 13, 2002, March 14, 2002. Court Reporter: Paula Walsh. 03-03997
03/10/2003Letter/IncomingFiled Letter. from Paula Walsh, Recorder/Transcriber. Transcripts that were previously filed with the District Court: March 7, 2002 (Opening Statements) filed 03/12/02; March 14, 2002 (Outside Presence of Jury-Status of Marc D. Beckerman) filed 03/28/02; March 12, 2002 (Testimony of Marc D. Beckerman) filed 04/12/02; March 13, 2002 (Testimony of Marc D. Beckerman) filed 04/12/02; June 10, 2002 (Post-Trial Motions) filed 07/03/02; August 5, 2002 (Motion for Attorneys' Fees) filed 08/08/02. 03-04000
04/15/2003Notice/IncomingFiled Notice of Association of Counsel. Co-counsel for appellant/cross-respondent: Menter & Witkin, and Timothy S. Menter. 03-06433
05/05/2003MotionFiled Stipulation and Order. Brief due: June 11, 2003. 03-07543
06/10/2003AppendixFiled Joint Appendix. Vols. 1 through 9. 03-09625
06/12/2003BriefFiled Opening Brief. 03-09787
06/12/2003MotionFiled Motion. Motion for Leave to File Brief of Amicus Curiae on Behalf of United Policyholders. 03-09842
06/26/2003MotionFiled Response to Motion. Respondent's Opposition to Motion for Leave to File Brief of Amicus Curiae on Behalf of United Policyholders. 03-10696
07/18/2003MotionFiled Stipulation. 03-12182
08/22/2003BriefReceived Answering Brief. 03-14169
08/26/2003MotionFiled Motion for Excess Pages. Respondent's Motion for Leave to Submit Brief Over 30 Pages. 03-14343
09/15/2003MotionFiled Stipulation. 03-15357
10/02/2003BriefReceived Reply Brief. Appellants' Reply Brief and Answering Brief to Cross-Appeal. 03-16364
10/02/2003Order/ProceduralFiled Order. Regarding Transcripts. On January 31, 2003, this court entered an order directing court reporter Paula Walsh to prepare and file, within 30 days, the transcripts requested by appellants/cross-respondents ('appellants') in the transcript request form filed on January 17, 2003. On March 10, 2003, Ms. Walsh filed some of the requested transcripts. Thereafter, on June 10, 2003, appellant filed a joint appendix which properly included transcripts for proceeding held on February 25, 2002, June 10, 2002, and August 5, 2002. Accordingly, Ms. Walsh shall have 20 days from the date of this order to prepare and file the remaining requested transcripts for proceedings held on October 9, 2000, and March 11, 2002. If more time is needed to complete the preparation of these transcripts, Ms. Walsh 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. Walsh shall notify this court, in writing, of this fact. 03-16381
10/07/2003Other Returned Mail. Order filed 10/02/03 addressed to Gordon M. Cowan remailed to corrected address.
10/09/2003Letter/IncomingFiled Letter. from Court Reporter Paula Walsh regarding transcripts of 10/9/00 and 3/11/02. 03-16843
10/23/2003Order/ProceduralFiled Order Denying Motion. to file Amicus Brief and Granting Motion to file Excess Page Brief. On June 12, 2003, United Policyholders filed a motion to file an amicus brief in support of appellants/cross-respondents ('appellants') and submitted a proposed amicus brief. Respondent/cross-appellant ('respondent') opposes the motion attention by the parties to the appeal.' We have reviewed the amicus brief submitted by United Policyholders. We note that the brief does not identify any specific public policy interest. Additionally, rather than providing a broader perspective than that presented in appellants' opening brief, the arguments raised in the submitted amicus brief are nearly identical to the arguments raised by appellants. Further, it appears that rather than assuming the position of a neutral advisor, United Policyholders has assumed a partisan position in favor of appellants. Accordingly, we deny United Policyholders' motion. The clerk of this court shall return, unfiled, the amicus brief received on June 12, 2003. The clerk of this court shall file respondent's 41-page combined answering brief on appeal and opening brief on cross-appeal, received on August 22, 2003. The clerk shall also file appellants' combined reply brief on appeal and answering brief on cross-appeal received on October 2, 2003. Respondent shall have 30 days from the date of this order to file a reply brief on cross-appeal, if deemed necessary. fn1[In light of this order, we disapprove, as moot, the parties' July 18, 2003, and September 15, 2003, stipulation extending the briefing schedule.] 03-17717
10/23/2003Notice/OutgoingIssued Letter. to the Law Offices of Gordon M. Cowan. Returned unfiled, the original and three copies of the"Brief of United Policyholders as Amicus Curiae, received on June 12, 2003."
10/23/2003BriefFiled Answering Brief. Respondent's Answering Brief and Cross-Appellant's Opening Brief. 03-14169
10/23/2003BriefFiled Reply Brief. Appellant's Reply Brief and Answer to Cross-Appeal. 03-16364
11/24/2003BriefFiled Reply Brief on Cross-Appeal. 03-19537
11/25/2003Order/ProceduralFiled Order. Regarding Transcripts. On October 2, 2003, this court entered an order directing court recorder Paula Walsh to file transcripts with this court for proceedings conducted on October 9, 2000, and March 11, 2002. On October 9, 2003, Ms. Walsh filed a response to this court's order indicating that the hearing on October 9, 2000, was not recorded, and that trial was not held on March 11, 2002. Accordingly, we conclude that Ms. Walsh is no longer obligated to file transcripts for October 9, 2000, and March 11, 2002. We admonish appellant's counsel for improperly requesting transcripts. 03-19649
02/25/2004MotionFiled Motion. Appellants' Motion for Preference in Processing Appeal. 04-03607
03/02/2004Order/ProceduralFiled Order Granting Motion. to Expedite Appeal. This court will expedite the resolution of this appeal and cross-appeal to the extent that this court's docket permits. 04-03932
04/26/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 8, 2004, at 10:30 a.m. (NNP04-NB/DA/MG)
05/25/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
05/27/2004BriefFiled Supplemental Authorities. Notice of Recent Authority. 04-09760
05/27/2004MotionFiled Motion. Motion for Additional Time for Oral Argument. 04-09763
06/01/2004Order/ProceduralFiled Order. Order Granting Motion for Additional Time and Rescheduling Oral Argument. Appellants/cross-respondents have moved for additional time for oral argument. Cause appearing, we grant the motion. The time for oral argument is expanded to 60 minutes, allowing 30 minutes per side. The additional time allotted for oral argument, however, requires that the argument be rescheduled. Accordingly, the oral argument presently scheduled for June 8, 2004, at 10:30 a.m. is vacated and rescheduled for June 9, at 11:30 a.m. 04-10072
06/01/2004Notice/OutgoingIssued Notice Rescheduling Oral Argument. Rescheduled to June 9, 2004, at 11:30 a.m. for 60 minutes.
06/09/2004Order/Clerk'sFiled Clerk's Order. Vacating Oral Argument. The parties to this appeal have represented to this court that this matter has settled and oral argument is no longer necessary. Cause appearing, the argument scheduled for June 9, 2004, at 11:30 a.m. is vacated. The parties shall have 30 days from the date of this order within which to file a stipulation to dismiss this appeal and cross-appeal. 04-10635
06/15/2004MotionFiled Stipulation/Dismiss Appeal. 04-10972
06/17/2004Notice/IncomingFiled Notice. Voluntary Dismissal of Appeal. 04-11084
06/24/2004Order/DispositionalFiled Stipulated Dismissal. Pursuant to the stipulation of the parties " . . . this appeal and cross-appeal are dismissed." The parties shall bear their own costs and attorney fees. NRAP 42(b). NNP04/CLK 04-11494
06/24/2004Case Status Update Case Closed. No remittitur issued.