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United States Court Cases

Nevada Supreme/Appellate Court Record

SCHAEFER VS. DISTRICT COURT

Case Information: 38030
Short Caption:SCHAEFER VS. DISTRICT COURTCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A428434Classification:Original Proceeding - Civil - Proper Person Writ Petition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/14/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from J. Michael Schaefer--check no. 2149.
06/14/2001Petition/WritFiled Petition for Writ of Mandamus. 01-09982
06/14/2001Notice/OutgoingIssued Notice of Procedural Deficiency. Affidavit of the party beneficially interested; proof of service on the district court judge & the real parties in interest. Due Date: 10 days
06/18/2001Notice/IncomingFiled Proof of Service. (Petition for Writ). 01-10175
06/21/2001Petition/WritFiled Affidavit in Support of Petition for Writ. 01-10498
06/18/2002Order/ProceduralFiled Order/Answer Writ Petition. The real party in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. 02-10549
06/26/2002Order/ProceduralFiled Order. On June 13, 2002, petitioner submitted a proper person document entitled, "Suggestion of Death of James Frank, Real Party in Interest." fn1[Although petitioner has not been granted permission to file proper person documents with this court, we direct the clerk of this court to file the document received on June 13, 2002, as this court has acted upon that document. See NRAP 46(b).] Accordingly, counsel for Mr. Frank shall have 15 days from the date of this order to: (1) file a motion for substitution of the personal representative of Mr. Frank as the real party in interest in this matter; (2) inform this court whether additional time is required for the substitution of a personal representative; or (3) inform this court that Mr. Frank has no personal representative. 02-10982
06/26/2002Other Incoming DocumentFiled Proper Person Document. Suggestion of Death of James Frank, Real Party in Interest. 02-10333
07/10/2002MotionFiled Motion to Extend Time. Request for Additional Time to Substitute a Personal Representative for Mr. Frank. 02-11748
07/17/2002Petition/WritFiled Answer to Petition for Writ. 02-12245
07/19/2002Order/ProceduralFiled Order Granting Motion. filed July 10, 2002. The real party in interest shall have until July 25, 2002, to file and serve a notice of substitution of party. 02-12447
07/25/2002MotionFiled Motion to Extend Time. (Substitute a personal representative for Mr. Frank.) 02-12754
08/20/2002Order/ProceduralFiled Order Granting Motion. On July 25, 2002, Ms. Cisneros filed a motion requesting a 15-day extension of time to "substitute a personal representative for Mr. Frank." On July 29, 2002, petitioner submitted, in proper person, an opposition to that motion. fn1[Because we have considered the proper person opposition in our resolution of the motion, we direct the clerk of this court to file that opposition. We decline to grant petitioner permission to file additional proper person documents. See NRAP 46(b).] Ms. Cisneros shall have 15 days from the date of this order to file a motion for substitution of a personal representative or inform this court why such a motion cannot be filed by that date. No further extensions of time shall be permitted absent extreme and unforeseeable circumstances. 02-14196
08/20/2002Other Incoming DocumentFiled Proper Person Document. Opposition to Request for Additional Time and Motion for Entry of Judgment in Favor of Petitioner Upon Default of Real Party. 02-12984
09/03/2002MotionFiled Motion. Motion to Substitute Party. 02-15149
09/09/2002Order/ProceduralFiled Order Granting Motion. filed September 3, 2002. The clerk of this court shall amend the caption in this matter and substitute "Eric Weingarten, Personal Representative of the Estate of James Frank, deceased," in the place of James Frank as the real party in interest in this matter. 02-15556
09/12/2002Order/DispositionalFiled Order Denying Petition. Denying Petition for Writ of Mandamus. "ORDER the petition DENIED." NNP03Y-RR/CY/DA 02-15865
09/12/2002Notice/IncomingFiled Notice. Notice of Bankruptcy. 02-15904
10/08/2002RemittiturIssued Notice in Lieu of Remittitur. 02-15940
10/08/2002Case Status Update Remittitur Issued/Case Closed.
11/21/2002Order/ProceduralFiled Order Denying Motion. Denying Motions for Leave to file Untimely Petition for Rehearing and to Recall Remittitur. On September 12, 2002, this court entered an order denying this proper person petition for a writ of mandate. Schaefer did not file a rehearing petition before the deadline expired, and on October 8, 2002, this court issued a notice in lieu of remittitur and closed this case. On October 9, 2002, Schaefer submitted a motion to file an untimely petition for rehearing, and a petition for leave to file the motion. On October 15, 2002, Schaefer submitted a motion for an order recalling the notice in lieu of remittitur. fn2[The clerk of this court shall file the motions received from petitioner on October 9 and October 15, 2002.] We deny the motions to recall the notice in lieu of remittitur and for leave to file an untimely rehearing petition. fn3[In light of our September 12, 2002 order denying this petition, we deny as moot petitioner's September 16, 2002 motion for an order closing this case without relief to any party.] 02-20027
11/21/2002MotionFiled Proper Person Motion. Petition for Leave to file Petitioner's Motion to file Untimely Petition for Rehearing. 02-17461
11/21/2002MotionFiled Proper Person Motion. Petitioner's Motion to file Untimely Petition for Rehearing per Rule 40. 02-17464
11/21/2002MotionFiled Proper Person Motion. Motion for Order Vacating Notice in Lieu of Remittitur. 02-17903