BOURDEAU VS. BANK OF AMERICA - Nevada Supreme/Appellate Court Record

Case Information: 40109
Short Caption:	BOURDEAU VS. BANK OF AMERICA	Court:	Supreme Court
		Related Case(s):	31288 , 38449
Lower Court Case(s):	Washoe Co. - Second Judicial District - CV9500819	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:	09/05/2002 / Manoukian, Noel	SP Status:	Completed
Oral Argument:	02/19/2004 at 9:30 AM	Oral Argument Location:	Carson City
Submission Date:	02/19/2004	How Submitted:	After Oral Argument

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
08/23/2002	Other	Disqualification of Justice Leavitt. Law firm of Hale Lane Peek Dennison Howard & Anderson.
08/23/2002	Filing Fee	Received Filing Fee Paid on Filing. $200.00 from Hale Lane Peek Dennison Howard & Anderson--check no. 056377.
08/23/2002	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.)		02-14475
09/05/2002	Filing Fee	Received Filing Fee Paid on Filing. $200.00 on cross-appeal from Kevin J. Mirch, Ltd.--check no. 3095.
09/05/2002	Notice of Appeal Documents	Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.)		02-15297
09/05/2002	Notice/Outgoing	Issued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
09/05/2002	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Noel Manoukian. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/06/2002	Docketing Statement	Filed Docketing Statement. Respondent/Cross-Appellant.		02-15440
09/10/2002	Notice/Outgoing	Letter. Noel E. Manoukian. (Docketing statement of Respondent/Cross-Appellant)
09/13/2002	Notice/Outgoing	Letter. Noel Manoukian. (Notice of Cross-Appeal)
09/23/2002	Docketing Statement	Filed Docketing Statement. Appellant/Cross-Respondent - Bourdau.		02-16466
09/24/2002	Notice/Outgoing	Letter. Noel E. Manoukian. (Docketing statement of Appellant/Cross-Respondent)
11/18/2002	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. Removing Appeal and Cross-Appeal from Settlement Program. Pursuant to the written request of the settlement judge and good cause appearing, this appeal and cross-appeal are removed from the settlement conference program. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent (appellant and respondent/cross-appellant (respondent) shall each have 15 days to comply with NRAP 9(a). Appellant: 120 days to file and serve opening brief and appendix. Respondent: 30 days to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant: 30 days to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent: 30 days to file and serve a reply brief on cross-appeal.		02-19764
12/03/2002	Transcript Request	Filed Certificate of No Transcript Request.		02-20661
12/03/2002	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: March 20, 21, 22, 23, 26, 27, 28, 29, 30, 2001; April 2, 3, 2001. To Court Reporter: Sierra Nevada Reporters.		02-20682
12/13/2002	Transcript	Filed Transcript. Proceedings: March 20, 21, 22, 23, 26, 27, 28, 29, 30, 2001; April 2, 3, 2001. Court Reporter: Eric V. Nelson.		02-21350
03/18/2003	Docketing Statement	Filed Docketing Statement. --Amendment to Docketing Statement.		03-04589
03/19/2003	Brief	Filed Opening Brief. Appellant/Cross-Respondent. Mailed on 3/18/03.		03-04697
03/19/2003	Appendix	Filed Appendix to Opening Brief. Volumes 1 and 2.		03-04698
03/21/2003	Docketing Statement	Filed Docketing Statement. --(second) Amendment to Docketing Statement.		03-04915
04/18/2003	Motion	Filed Motion and Order/Excess Pages. Granted: 50 pages.		03-06621
04/18/2003	Brief	Filed Answering Brief. Cross-Appellant's Opening Brief/Respondent's Answering Brief.		03-06622
04/18/2003	Appendix	Filed Appendix to Answering Brief. Respondent/Cross-Appellant's Appendix.		03-06624
04/22/2003	Notice/Incoming	Filed Errata. Errata to Respondent/Cross-Appellant Bank of America Nevada's Opening Brief/Answering Brief.		03-06854
05/12/2003	Motion	Filed Motion to Extend Time. Motion for Enlargement of Time in Which for Appellant to file Appellant/Cross-Respondent's Answering Brief to Cross-Appellant's Opening Brief and Reply to Respondent's Answering Brief (First Request).		03-08002
05/19/2003	Motion	Filed Response to Motion. Opposition to Appellant/Cross-Respondent Joseph Bourdeau's Motion for Enlargement of Time.		03-08472
07/17/2003	Motion	Filed Motion to Extend Time. Motion for Enlargement of Time in Which for Appellant to File Appellant/Cross-Respondent's Answering Brief to Cross-Appellant's Opening Brief and Reply to Respondent's Answering Brief (Second Request).		03-12136
07/24/2003	Motion	Filed Response to Motion. Opposition to Appellant/Cross-Respondent Joseph Bourdeau's Second Motion for Enlargement of Time.		03-12539
08/18/2003	Order/Procedural	Filed Order Granting Motion. filed May 12, 2003 and July 17, 2003. Respondent opposes the motions. We conclude that appellant's counsel's medical condition is good cause for the requested extension. We deny respondent's request to enter a confession of error preclude appellant's participation at oral argument. fn1[We note that this court has not decided whether to schedule this appeal for oral argument. See NRAP 34(f).] Appellant shall have until August 25, 2003, to file and serve the combined reply brief on appeal and answering brief on 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.		03-13689
08/26/2003	Motion	Filed Motion for Excess Pages. Motion to Exceed Page Limitation in re Appellant's Reply Brief/Cross-Respondent's Answering Brief.		03-14363
08/26/2003	Brief	Received Reply Brief. Cross-Respondent's Answering Brief, Appellant's Reply Brief.		03-14370
08/27/2003	Order/Clerk's	Filed Clerk's Order Granting Motion. filed August 26, 2003. The clerk of this court shall file the combined reply brief on appeal and answering brief on cross-appeal received on August 26, 2003. Respondent/cross-appellant shall have 30 days from the date of this order to file and serve a reply on cross-appeal.		03-14442
08/27/2003	Brief	Filed Reply Brief. Appellant/Cross-Respondent. Cross-Respondent's Answering Brief, Appellant's Reply Brief.		03-14370
08/27/2003	Appendix	Filed Appendix to Reply Brief. Appellants'/Cross-Respondent's Appendix, Volume III.		03-14371
09/03/2003	Appendix	Filed Appendix. Appellant/Cross-Respondent. Appellants' Supplemental Appendix, Vol. IV.		03-14781
09/04/2003	Brief	Filed Reply Brief. Amended Cross-Respondent's Answering Brief and Appellant's Reply Brief.		03-14825
09/16/2003	Motion	Filed Motion. Designation and Request for Transfer of Trial Exhibits to the Nevada Supreme Court for Purposes of Appeal.		03-15479
09/24/2003	Brief	Filed Reply Brief on Cross-Appeal.		03-16011
09/24/2003	Appendix	Filed Appendix to Reply Brief. Respondent/Cross-Appellant's Reply Appendix.		03-16012
10/17/2003	Order/Procedural	Filed Order Denying Motion. to Transmit Exhibits. Appellant/cross-respondent ("appellant") has filed a motion requesting this court to instruct the district court "to transfer all admitted exhibits . . . at the trial held in March and April of 2001 in . . . Case No. CV94-00819." We note that appellant does not represent that the exhibits requested to be transmitted by the district court are incapable of being reproduced and included in the appendix. Additionally, appellant does not represent that this court's review of the original exhibits is necessary. No good cause appearing, we deny appellant's motion to transmit exhibits. fn1[We note that appellants failure to clearly identify the exhibits is an independent basis for denying the motion.]		03-17302
12/23/2003	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 19, 2004 at 9:30 a.m. (NNP04-NB/DA/MG)
01/06/2004	Notice/Incoming	Filed Notice of Change of Address. Mirch & Mirch.		04-00288
02/04/2004	Brief	Filed Supplemental Authorities. Respondent/Cross-Appellant Bank of America's Supplemental Authorities.		04-02277
02/06/2004	Notice/Outgoing	Issued Oral Argument Reminder Notice.
02/19/2004	Case Status Update	Submitted for Decision. Before the Northern Nevada Panel. NNP04-NB/DA/MG
02/23/2004	Notice/Outgoing	Issued Letter. to Washoe County Clerk regarding Transmission of Exhibit List.
02/23/2004	Exhibit	Filed Exhibits (copies). Placed in correspondence file.		04-03362
02/24/2004	Exhibit	Filed Exhibit (original). (original) Placed in correspondence file.		04-03362
03/09/2004	Notice/Incoming	Filed Notice of Change of Address. Law firm of Hale Lane Peek Dennison & Howard.		04-04460
05/05/2004	Order/Dispositional	Filed Dispositional Order/Appeal. Order Affirming in Part and Reversing in Part. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART." NNP04-NB/DA/MG		04-08240
06/02/2004	Remittitur	Issued Remittitur.		04-08352
06/02/2004	Case Status Update	Remittitur Issued/Case Closed.
06/16/2004	Remittitur	Filed Remittitur. Received by County Clerk on June 4, 2004.		04-08352