| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 08/30/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Lemons Grundy & Eisenberg--check no. 32734. | | |
| 08/30/2002 | Petition/Writ | Filed Petition for Writ of Mandamus or Prohibition. (Including Notice Regarding Consolidation with Appeal in Docket Number 37397). | | 02-15106
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| 09/09/2002 | Motion | Filed Motion. Request of Real Party in Interest Bennett Elliott for Leave to File an Answering Brief to Petition for Writ of Mandamus or Prohibition. (no. 40134). Nos. 37397/40134 | | 02-15567
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| 09/09/2002 | Order/Procedural | Filed Order. Directing Answer in Docket No. 40134. These matters have been consolidated. The real party in interest, on behalf of respondents, shall have 15 days from the date of this order to file an answer, including authorities, against issuance of the requested writ. fn1[The real party in interest may refer to the appendices and transcripts on file in No. 37397 rather than attach additional copies of the documents to the answer] Nos. 37397/40134. (02-15588) | | |
| 09/23/2002 | Motion | Filed Motion to Extend Time. Bennett Elliott's Motion for Extension of Time to File Answer in Docket N o. 40134. Nos. 37397/40134 [02-16476] | | |
| 09/27/2002 | Order/Procedural | Filed Order Granting Motion. filed September 9, 2002., and September 23, 2002. Real party in interest Bennett Elliott shall have until October 15, 2002, to file and serve an answer to the writ petition in No. 40134. Nos. 37397/40134 (02-16793) | | |
| 10/18/2002 | Petition/Writ | Filed Answer to Petition for Writ. Real Party in Interest Mr. Bennett Elliott's Answer to Ms. Dowling's Petition for Writ of Mandamus or Prohibition. Nos. 37397/40134 (02-18158).clerk5 | | |
| 10/30/2002 | Motion | Filed Motion. Motion for Leave to File Addendum to Opening and Reply Briefs. Nos. 37397/40134 (02-18679). | | |
| 10/30/2002 | Other | Other. Received Anderson Dairy's Addendum to Opening and Reply Briefs. Nos. 37397/40134 (02-18680)/ | | |
| 01/29/2003 | Order/Procedural | Filed Order Granting Motion. filed October 30, 2002. The clerk of this court shall file the addendum to the opening and reply briefs received on October 30, 2002. Respondent Bennett Elliott shall have 20 days from the date of this order to file a supplement to the answering brief, if deemed necessary. The supplement shall contain only a response to arguments presented in the addendum to the opening and reply briefs. Thereafter, the briefing in Docket No.37397 shall be deemed completed. Nos. 39237/40134. (03-01559) | | |
| 01/29/2003 | Other | Other. Filed Anderson Dairy's Addendum to Opening and Reply Briefs in Docket No. 37397. Nos. 37397/40134. (02-18680) | | |
| 02/20/2003 | Other | Other. Filed Respondent Ben Elliott's Supplemental Response to Anderson Dairy's Addendum. Nos. 37397/40134 (03-02903). | | |
| 05/12/2003 | Order/Procedural | Filed Order. Cause appearing, oral argument will not be scheduled and these matters shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the papers filed herein. Nos. 37397/40134. | | 03-08009
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| 05/12/2003 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. (SNP03-MS/ML/NB). Nos. 37397/40134. | | |
| 06/03/2003 | Order/Dispositional | Filed Order Granting Petition. Order of Reversal and Remand (No. 37397) and Order Granting Petition for Writ of Mandamus (No. 40134). Order the judgment of the district court reversed and remand this matter to the district court for proceedings consistent with this order. (No. 37397). We also "ORDER the Petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS compelling the district court to vacate its order imposing sanctions on Theresa Dowling. (No. 40134). Leavitt, J. and Becker, J. Shearing, J., concurring in part and dissenting in part. SNP03-MS/ML/NB. Nos. 37397/40134. | | 03-09258
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| 06/03/2003 | Writ | Issued Writ. Original and one copy of writ and copy of order mailed to Robert L. Eisenberg for service upon Judge Nancy M. Saitta. (No. 40134) | | 03-09270
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| 06/06/2003 | Writ | Filed Writ. Served on Judge Nancy M. Saitta on June 4, 2003. | | 03-09270
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| 06/17/2003 | Motion | Filed Motion to Extend Time. Bennett Elliott's Motion for Extension of Time to file Petition for Rehearing. Nos. 37397/40134. (03-10128) | | |
| 06/19/2003 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed June 17, 2003. Respondent and real party in interest Bennett Elliott shall have until July 7, 2003, to file and serve a petition for rehearing. Nos. 37397/40134 (03-10234). | | |
| 07/02/2003 | Motion | Filed Motion to Extend Time. Bennett Elliott's Second and Limited Motion for an Additional 10 Days to File Petition for Rehearing. Nos. 37397/40134 [03-11124] | | |
| 07/08/2003 | Order/Procedural | Filed Order Granting Motion. filed July 2, 2003. Bennett Elliott shall have until July 17, 2003, to file and serve a petition for rehearing. 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. Nos. 37397/40134 (03-11375). | | |
| 07/21/2003 | Motion | Filed Motion for Excess Pages. Bennett Elliott's Application for Leave to File Petition for Rehearing in Excess of Ten Pages. Nos. 37397/40134 [03-12302] | | |
| 07/21/2003 | Post-Judgment Petition | Received Petition for Rehearing. Respondent's Petition for Panel Rhearing. Nos. 37397/40134 [03-12303] | | |
| 07/21/2003 | Post-Judgment Petition | Received Supplement to Petition for Rehearing. Respondent's Submission of Items Mistakenly Not Attached to Respondent's Petition for Panel Rehearing. Nos. 37397/40134 [03-12306] | | |
| 07/23/2003 | Order/Procedural | Filed Order Granting Motion. filed July 21, 2003. The clerk of this court shall file the 16-page petition for rehearing and "Respondent's Submission of Items Mistakenly Not Attached to Respondent's Petition for Panel Rehearing," received on July 21, 2003. Nos. 37397/40134. (03-12464) | | |
| 07/23/2003 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent's Petition for Panel Rehearing. Nos. 37397/40134. (03-12303) | | |
| 07/23/2003 | Post-Judgment Petition | Filed Supplement to Petition for Rehearing. Respondent's Submission of Items Mistakenly Not Attached to Respondent's Petition for Panel Rehearing. Nos. 47397/40134. (03-12306) | | |
| 08/19/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP03-MS/ML/NB. Nos. 37397/40134. | | 03-13850
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| 09/02/2003 | Motion | Filed Motion. Mr. Bennett Elliott's Motion to Transmit Exhibits. Nos. 37397/40134 (03-14728). | | |
| 09/02/2003 | Motion | Filed Motion. Bennett Elliott's Application for Leave to File Petition for En Banc Reconsideration in Excess of Ten Pages. Nos. 37397/40134 (03-14730). | | |
| 09/02/2003 | Post-Judgment Petition | Received Petition for En Banc Reconsideration. Mailed on: August 29, 2003. Nos. 37397/40134 (03-14733).
09/17/03 ORDER: RETURNED UNFILED. | | |
| 09/03/2003 | Motion | Filed Response to Motion. Opposition to Elliott's Motion to Transmit Exhibits. Nos. 37397/40134 (03-14788). | | |
| 09/03/2003 | Motion | Filed Response to Motion. Opposition to Respondent Elliott's Application for Leave to File Petition for En Banc Reconsideration in Excess of 10 Pages. Nos. 37397/40134 (03-14789). | | |
| 09/17/2003 | Order/Procedural | Filed Order. Respondent and real party in interest Bennett Elliott ('respondent') has moved this court to direct the district court clerk to transmit 'certain trial exhibits which are referred to in [respondent's] Petition for En Banc Reconsideration' so that these trial exhibits can 'be part of the appellate court record.' Respondent has also moved for leave to file a petition for en banc reconsideration in excess of 10 pages. Respondents' motions are accompanied by the proposed petition for en banc reconsideration. Appellant in Docket No. 37397 opposes the motions. The appendix filed with respondent's answering brief in the instant matter did not include the 8 trial exhibits which respondent now seeks to have transmitted to this court. Consequently, these exhibits were not considered by the panel prior to entry of the decision in these cases. Accordingly, we deny the motion. Further, as the trial exhibits are appended to and discussed in the petition for en banc reconsideration, we direct the clerk of this court to return the petition, unfiled. Respondent shall have 10 days from the date of this order to file an amended petition for en banc reconsideration. In filing the amended petition, counsel shall strictly comply with NRAP 40A. The remittitur shall issue 25 days from the date of this order. fn1[Respondent's motion for leave to file a petition in excess of 10 pages is denied as moot. Appellant's request to strike portions of the petition is denied as moot.] Nos. 37397/40134. (03-15538) | | |
| 09/17/2003 | Notice/Outgoing | Issued Letter. to attorney Kathleen J. England. Returned unfiled, the original and eight copies of "Mr. Bennett Elliott's Petition for En Banc Reconsideration received on September 2, 2003." Nos. 37397/40134. | | |
| 10/01/2003 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Plaintiff/Respondent Mr. Bennett Elliott's Petition for En Banc Reconsideration. Nos. 37397/40134. [03-16328] | | |
| 10/08/2003 | Other | Disqualification of Justice Gibbons. Nos. 37397/40134. | | |
| 10/14/2003 | Remittitur | Issued Notice in Lieu of Remittitur.
10/27/03 ORDER: NOTICE IN LIEU OF REMITTITUR RECALLED. | | 03-13942
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| 10/14/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/27/2003 | Order/Procedural | Filed Order. Directing Answer to Petition for En Banc Reconsideration. Respondent/real party in interest Bennett Elliott has petitioned this court for en banc reconsideration of the Order of Reversal and remand (No. 37397) and Order Granting Petition for Writ of Mandamus (No. 40134) entered by this court on June 3, 2003. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Appellant Anderson Dairy, Inc. and petitioner Theresa Dowling shall have 15 days from the date of this order to file and serve an answer to the petition. See NRAP 40. fn1[We recall the remittitur and stay its issuance pending our resolution of the petition for en banc reconsideration.] Nos. 37397/40134. (03-17876) | | |
| 11/05/2003 | Motion | Filed Motion. Motion to File 11-page Answer to Petition for En Banc Reconsideration. Nos. 37397/40134 (03-18489). | | |
| 11/05/2003 | Other | Other. Received Answer to Petition for En Banc Reconsideration. Nos. 37397/40134 (03-18490). | | |
| 11/07/2003 | Order/Procedural | Filed Order Granting Motion. filed November 5, 2003. The clerk shall file the 11-page answer received on November 5, 2003. Nos. 37397/40134. (03-18639) | | |
| 11/07/2003 | Post-Judgment Petition | Filed Answer to Petition for En Banc Reconsideration. Nos. 37397/40134. (03-18490) | | |
| 11/18/2003 | Other | Returned Mail. Order filed 11/07/03 addressed to Theresa Dowling returned and remailed to same address. (post office error) Nos. 37397/40134. | | |
| 11/24/2003 | Notice/Incoming | Filed Notice of Change of Address. Attorney Theresa M. Dowling. Nos. 37397/40134 [03-19560] | | |
| 03/26/2004 | Order/Dispositional | Filed Order Granting Petition. Granting in Part and Denying in Part Petition for En Banc Reconsideration. Having considered respondent Bennett Elliott's petition for en banc reconsideration and appellant Anderson Dairy, Inc.'s answer to the petition, we conclude that reconsideration should be granted solely as to the issue of punitive damages on retrial. 'We grant reconsideration in part and determine that Elliott is not prohibited from pursuing his punitive damages claim upon remand. We deny the petition for reconsideration on all other grounds.' fn3[This matter was submitted for decision by a seven justice court. The Honorable Myron E. Leavitt, Justice, having died in office on January 9, 2004, this matter was decided by a five-justice court. The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Nos. 37397/40134. | | 04-05756
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| 04/20/2004 | Remittitur | Issued Notice in Lieu of Remittitur. | | 04-06598
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| 04/20/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |