| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/19/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Mona Asberom--check no. 4165. | | |
| 09/19/2002 | 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.) | | 02-16310
|
| 09/19/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Snell & Wilmer, L.L.P.--check no. 1521. | | |
| 09/19/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) | | 02-16311
|
| 09/30/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Victor Alan Perry. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 10/07/2002 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 02-17237
|
| 10/07/2002 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 02-17317
|
| 10/10/2002 | Notice/Outgoing | Letter. Victor Alan Perry. (Docketing statement of Respondent/Cross-Appellant and Appellant/Cross-Respondent) | | |
| 12/09/2002 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Letter from Settlement Judge Perry. The settlement conference is scheduled for January 10, 2003. | | 02-21006
|
| 01/17/2003 | Transcript Request | Filed 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
|
| 01/21/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-01080
|
| 01/23/2003 | Notice/Outgoing | Issued Notice of Modification of Caption. Deleted Aetna Casualty & Surety Company as a respondent. | | |
| 01/31/2003 | 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. 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
|
| 03/05/2003 | Motion | Filed Motion to Extend Time. | | 03-03700
|
| 03/06/2003 | Order/Clerk's | Filed 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
|
| 03/10/2003 | Transcript | Filed Transcript. Proceedings: March 7, 2002, March 8, 2002, March 12, 2002, March 13, 2002, March 14, 2002. Court Reporter: Paula Walsh. | | 03-03997
|
| 03/10/2003 | Letter/Incoming | Filed 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
|
| 04/15/2003 | Notice/Incoming | Filed Notice of Association of Counsel. Co-counsel for appellant/cross-respondent: Menter & Witkin, and Timothy S. Menter. | | 03-06433
|
| 05/05/2003 | Motion | Filed Stipulation and Order. Brief due: June 11, 2003. | | 03-07543
|
| 06/10/2003 | Appendix | Filed Joint Appendix. Vols. 1 through 9. | | 03-09625
|
| 06/12/2003 | Brief | Filed Opening Brief. | | 03-09787
|
| 06/12/2003 | Motion | Filed Motion. Motion for Leave to File Brief of Amicus Curiae on Behalf of United Policyholders. | | 03-09842
|
| 06/26/2003 | Motion | Filed Response to Motion. Respondent's Opposition to Motion for Leave to File Brief of Amicus Curiae on Behalf of United Policyholders. | | 03-10696
|
| 07/18/2003 | Motion | Filed Stipulation. | | 03-12182
|
| 08/22/2003 | Brief | Received Answering Brief. | | 03-14169
|
| 08/26/2003 | Motion | Filed Motion for Excess Pages. Respondent's Motion for Leave to Submit Brief Over 30 Pages. | | 03-14343
|
| 09/15/2003 | Motion | Filed Stipulation. | | 03-15357
|
| 10/02/2003 | Brief | Received Reply Brief. Appellants' Reply Brief and Answering Brief to Cross-Appeal. | | 03-16364
|
| 10/02/2003 | Order/Procedural | Filed 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
|
| 10/07/2003 | Other | Returned Mail. Order filed 10/02/03 addressed to Gordon M. Cowan remailed to corrected address. | | |
| 10/09/2003 | Letter/Incoming | Filed Letter. from Court Reporter Paula Walsh regarding transcripts of 10/9/00 and 3/11/02. | | 03-16843
|
| 10/23/2003 | Order/Procedural | Filed 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
|
| 10/23/2003 | Notice/Outgoing | Issued 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." | | |
| 10/23/2003 | Brief | Filed Answering Brief. Respondent's Answering Brief and Cross-Appellant's Opening Brief. | | 03-14169
|
| 10/23/2003 | Brief | Filed Reply Brief. Appellant's Reply Brief and Answer to Cross-Appeal. | | 03-16364
|
| 11/24/2003 | Brief | Filed Reply Brief on Cross-Appeal. | | 03-19537
|
| 11/25/2003 | Order/Procedural | Filed 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
|
| 02/25/2004 | Motion | Filed Motion. Appellants' Motion for Preference in Processing Appeal. | | 04-03607
|
| 03/02/2004 | Order/Procedural | Filed 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
|
| 04/26/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 8, 2004, at 10:30 a.m. (NNP04-NB/DA/MG) | | |
| 05/25/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 05/27/2004 | Brief | Filed Supplemental Authorities. Notice of Recent Authority. | | 04-09760
|
| 05/27/2004 | Motion | Filed Motion. Motion for Additional Time for Oral Argument. | | 04-09763
|
| 06/01/2004 | Order/Procedural | Filed 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
|
| 06/01/2004 | Notice/Outgoing | Issued Notice Rescheduling Oral Argument. Rescheduled to June 9, 2004, at 11:30 a.m. for 60 minutes. | | |
| 06/09/2004 | Order/Clerk's | Filed 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
|
| 06/15/2004 | Motion | Filed Stipulation/Dismiss Appeal. | | 04-10972
|
| 06/17/2004 | Notice/Incoming | Filed Notice. Voluntary Dismissal of Appeal. | | 04-11084
|
| 06/24/2004 | Order/Dispositional | Filed 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
|
| 06/24/2004 | Case Status Update | Case Closed. No remittitur issued. | | |