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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 39932
Short Caption:ESPARZA VS. KIRKCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A374255Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/28/2003 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
07/18/2002OtherDisqualification of Justice Becker. Sat in district court proceedings.
07/18/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Office of Glen J. Lerner--check no. 13657.
07/18/2002Notice 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.) 02-12311
07/18/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
07/29/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on: July 23, 2002. 02-12973
08/09/2002Order/ProceduralFiled Order/Briefing Reinstated. On July 18, 2002, a notice of settlement conference was issued indicating that this appeal would be assigned to the settlement program. Based on the case appeal statement filed July 29, 2002, it appears that respondent Nicasio Duran will be proceeding in proper person. We vacate the notice of settlement conference. Appellants: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). Because respondent Nicasio Duran is proceeding in proper person, he will not be permitted to file documents in this appeal. If Mr. Duran wishes to file documents in this appeal, he must retain counsel and cause counsel to file a notice of appearance with this court. In the event Mr. Duran retains counsel, this appeal will be assigned to the settlement program. Our review of the documents filed with this court indicates that to date appellants have failed to serve Mr. Duran with copies of the notice of appeal and case appeal statement. Appellants shall have 15 days from the date of this order to serve Mr. Duran with copies of these documents and file proof of such service with this court. 02-13631
08/16/2002Notice/IncomingFiled Proof of Service. (Notice of Appeal and Case Appeal Statement). 02-14062
08/26/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: May 20, 2002 through May 24, 2002. To Court Reporter: Sharleen Nicholson. 02-14667
09/03/2002MotionFiled Motion to Extend Time. 02-15208
09/05/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed September 3, 2002. The clerk shall file the docketing statement received on August 26, 2002. 02-15272
09/05/2002Docketing StatementFiled Docketing Statement. 02-14651
09/09/2002MotionFiled Response to Motion. Notice of No Opposition to Appellants' Motion to Extend Time to File Docketing Statement. 02-15503
10/04/2002TranscriptFiled Transcript. Proceedings: 05/21/02; 05/22/02; and 05/23/02. Court Reporter: Sharleen Nicholson. 02-17216
12/16/2002MotionFiled Stipulation. Stipulation to Continue Briefing Schedule and Request for Mandatory Settlement Conference. 02-21482
03/13/2003Order/ProceduralFiled Order/Stipulation Approved. Order Partially Dismissing Appeal and Approving Stipulation. On December 16, 2002, appellants and respondents Terry Kirk and Allstate Insurance Company (Allstate) filed a 'Stipulation to Continue Briefing Schedule and Request for Mandatory Settlement Conference.' It appears that Nicasio Duran is not a party to this appeal. Accordingly, we dismiss this appeal as to Nicasio Duran only. Further, we approve the parties' stipulation and direct the clerk of this court to assign this appeal to the settlement conference program. All briefing of this appeal shall be stayed pending further order of this court. 03-04208
03/28/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/07/2003MotionFiled Stipulation/Dismiss Appeal. Stipulation for Dismissal with Prejudice. 03-05778
04/16/2003Order/DispositionalFiled Stipulated Dismissal. Pursuant to the settlement conference, the stipulation of the parties and cause appearing, " . . . this appeal is dismissed." The parties shall bear their own costs. NRAP 42(b). NNP/CLK 03-06464
04/16/2003Case Status Update Case Closed. No remittitur issued.