| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/09/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Beckley Singleton--check no. 099475. | | |
| 10/09/2003 | 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.) | | 03-16800
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| 10/21/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 11/26/2003 | Order/Procedural | Filed Order. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Failure to comply timely may result in the imposition of sanctions, including dismissal of this appeal as abandoned. | | 03-19755
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| 12/02/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter (letter attached recommending sanctions.) | | 03-20003
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| 12/15/2003 | Docketing Statement | Filed Docketing Statement. | | 03-20786
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| 12/19/2003 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal and for Imposition of Monetary Sanctions for failure to participate in good faith in settlement conference. | | 03-21144
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| 12/29/2003 | Motion | Filed Response to Motion. Opposition | | 03-21563
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| 01/05/2004 | Motion | Filed Response to Motion. Opposition. | | 04-00249
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| 01/05/2004 | Motion | Filed Motion for Permission to File Document. Motion for Leave to File Reply to "Opposition" and Supporting "Affidavits". | | 04-00250
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| 03/12/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 04-04729
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| 03/18/2004 | Notice of Appeal Documents | Filed Notice of Entry of Judgment or Order. Filed in district court on March 9, 2004. | | 04-05190
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| 04/22/2004 | Motion | Filed Motion. Motion to Expedite Consideration of Respondent's Previously Filed "Motion to Dismiss Appeal and for Imposition of Monetary Sanctions for Failure to Participate in Good Faith in Settlement Conference" and her Previously filed "Motion for Leave to File Reply to 'Opposition' and Supporting 'Affidavits'" | | 04-07469
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| 05/03/2004 | Motion | Filed Response to Motion. Opposition. | | 04-08079
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| 05/20/2004 | Order/Procedural | Filed Order. Order Reinstating Briefing, Denying Motions as Moot and Directing Appellant's Counsel to Show Cause why Sanctions Should not be Imposed. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the parties were unable to agree to a settlement. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. Appellant shall have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a), and 70 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In his report, the settlement judge also 'strongly recommend[s] sanctions be imposed in this case on Attorney Daniel Polsenberg.' As cause for imposing sanctions, the settlement judge notes several instances in which Mr. Polsenberg failed to comply with the procedural rules of this court during the settlement conference process. In light of the settlement judge's report, Mr. Polsenberg shall, within 20 days from the date of this order, show cause why he should not be sanctioned for his conduct during the settlement conference process in this appeal. Respondents have filed a motion to dismiss this appeal and requesting this court to impose sanctions against Mr. Polsenberg pursuant to the settlement judge's report. As cause for requesting dismissal of this appeal respondents note that appellant's original notice of appeal was premature as it was filed while appellant's motion under NRCP 59 was still pending in the district court. Appellant has filed an opposition to that motion. We note that on March 3, 2004, the district court entered an order resolving appellant's NRCP 59 motion and that on March 8, 2004, appellant filed an amended notice of appeal. Accordingly, it appears that the appeal may no longer be premature. Appellant filed the docketing statement on December 15, 2003. In that docketing statement appellant represents that 'the appeal appears to be premature.' Because the jurisdictional posture of this appeal appears to have changed since the filing of that docketing statement, we direct appellant to file an amended docketing statement within 15 days from the date of this order. This court will conduct a jurisdictional review of this matter upon the filing of the amended docketing statement. In light of the above, we deny respondents' motion to dismiss the appeal and for sanctions as moot. Additionally, we deny respondents' motion for leave to file a reply to appellant's opposition to the motion. Fn1 [The settlement statement was 12 days late and was 29 pages long.] Fn2 [Accordingly, we also deny as moot respondent's motion for an expedited decision on the motion to dismiss and for sanctions, as well as, the motion for leave to file a reply to appellant's opposition to the motion for expedited decision.] | | 04-09365
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| 06/07/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-10470
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| 06/07/2004 | Docketing Statement | Filed Docketing Statement. | | 04-10471
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| 06/14/2004 | Motion | Filed Motion to Extend Time. | | 04-10906
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| 06/22/2004 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed June 14, 2004. The clerk shall file the Response to Order to Show Cause received on June 18, 2004. | | 04-11309
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| 06/22/2004 | Motion | Filed Response to Order to Show Cause. | | 04-11165
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| 08/02/2004 | Motion | Filed Motion and Order Extending Time. Brief due: August 30, 2004. | | 04-14000
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| 09/01/2004 | Letter/Incoming | Filed Letter. from attorney Samuel A. Harding informing this court that he will oppose any motion for extension of time file the opening brief. | | 04-15896
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| 09/03/2004 | Motion | Filed Motion to Extend Time. | | 04-16123
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| 09/03/2004 | Notice/Incoming | Filed Proof of Service. --Receipt of Copy. | | 04-16174
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| 09/09/2004 | Motion | Filed Motion. Request for Leave to File Amici Curiae Brief of The Nevada State Medical Association and Clark County Medical Society. | | 04-16584
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| 09/14/2004 | Motion | Filed Response to Motion. Statement of Non-Opposition to Motion for Extension of Time to File Opening Brief. | | 04-16816
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| 09/14/2004 | Motion | Filed Motion. Motion for Increase in Amount of Supersedeas Bond. | | 04-16820
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| 09/15/2004 | Motion | Filed Motion to Extend Time. for opposition to request to file amicus brief. | | 04-17001
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| 09/15/2004 | Notice/Incoming | Filed Proof of Service. --Amended Certificate of Service. (Motion) | | 04-17004
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| 09/15/2004 | Notice/Incoming | Filed Proof of Service. --Amended Certificate of Service. (Opposition) | | 04-17005
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| 09/20/2004 | Motion | Filed Response to Motion. Appellant, Adam Levy, M.D.'s Response to Motion for Increase in Amount of Supersedeas Bond. | | 04-17394
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| 09/24/2004 | Motion | Filed Motion to Extend Time. | | 04-17736
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| 11/01/2004 | Letter/Incoming | Filed Letter. regarding the transmission of the Answering Brief to the Supreme Court. | | 04-20014
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| 11/03/2004 | Motion | Filed Motion for Excess Pages. Motion for Leave to File Brief (Answering Brief) in Excess of 30 Pages. | | 04-20257
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| 12/03/2004 | Motion | Filed Motion to Extend Time. | | 04-22099
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| 01/05/2005 | Motion | Filed Motion to Extend Time. (second request) | | 05-00280
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| 01/21/2005 | Motion | Filed Motion to Extend Time. Motion for One Day Extension of Time. | | 05-01370
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| 01/21/2005 | Motion | Filed Motion for Excess Pages. | | 05-01372
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| 04/21/2005 | Order/Procedural | Filed Order. This court previously entered an order directing counsel for appellant, attorney Daniel L. Polsenberg, to show cause why sanctions should not be imposed in accordance with the recommendation of the settlement judge. After review of Mr. Polsenberg's response, we decline to impose sanctions. We grant appellant's motion for an extension of time to file the opening brief and appendix. The clerk shall file the opening brief and appendix received on September 7, 2004. Along with the opening brief and appendix, appellant also submitted 15 volumes of transcripts. We waive the requirements of NRAP 9(a), 10(b) and 30(b)(1) and direct the clerk of this court to file all 15 volumes of transcripts received on September 7, 2004. We grant respondents' unopposed motions for an extension of time to file the answering brief. The clerk shall file the 38-page answering brief and appendix received on November 3, 2004. We grant appellant's unopposed motions for extensions of time to file the reply brief. The clerk shall file the 53-page reply brief and appendix received on January 21, 2005. The Nevada State Medical Association and the Clark County Medical Society ('NSMA and CCMS') have filed a motion for leave to file an amicus curiae brief in support of appellant's position on appeal. NSMA and CCMS submitted a copy of a proposed brief along with their motion. On September 15, 2004, respondents filed a motion for an extension of time to file an opposition to that motion. The clerk shall file the opposition received on September 15, 2004. We grant the motion for leave to file an amicus curiae brief. However, we conclude that the proposed amicus curiae brief does not comply with the procedural rules of this court. Although we grant the motion for leave to file an amicus brief, we direct the clerk of this court to return the proposed amicus brief received on September 9, 2004. NSMA and CCMS may file an amicus curiae brief within 20 days from the date of this order. Respondents may file an answering brief to the amicus curiae brief within 10 days of service of that brief. Respondents have filed a 'Motion for Increase in Amount of Supersedeas Bond.' Appellant has filed a response to that motion. No good cause appearing, we deny respondents' motion to increase the amount of the supersedeas bond. | | 05-07735
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| 04/21/2005 | Motion | Filed Response to Motion. Patricia Watts' Opposition to "Request for Leave to File Amici Curiae Brief of the Nevada State Medical Association and Clark County Medical Society." | | 04-17002
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| 04/21/2005 | Transcript | Filed Transcript. Proceedings: Friday, January 26, 2001; Tuesday, January 30, 2001; Wednesday, January 31, 2001; Thursday, February 1, 2001; Friday, February 2, 2001; Amended page 69, Friday, February 2, 2001;Tueday, February 6, 2001; Wednesday, February 7, 2001; Thursday, February 8, 2001; Friday, February 9, 2001; Tuesday, February 13, 2001; Wednesday, February 14, 2001; Thursday, February 15, 2001; Friday, February 16, 2001;August 27, 2001. Court Reporter: Kris Johnson. | | 04-16407
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| 04/21/2005 | Brief | Filed Opening Brief. | | 04-16238
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| 04/21/2005 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 4. | | 04-16239
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| 04/21/2005 | Brief | Filed Answering Brief. | | 04-20258
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| 04/21/2005 | Appendix | Filed Appendix to Answering Brief. | | 04-20259
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| 04/21/2005 | Brief | Filed Reply Brief. | | 05-01374
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| 04/21/2005 | Appendix | Filed Appendix to Reply Brief. Volumes 1 through 3. | | 05-01375
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| 04/21/2005 | Notice/Outgoing | Issued Letter. to attorney Weldon E. Havins. Returned unfiled, the original and five copies of the "Amici Curiae Brief in Support of Appellant from the Nevada State Medical Association and Clark County Medical Society, received on September 9, 2004." | | |
| 05/13/2005 | Brief | Filed Amicus Brief. Amicus Brief in Support of Appellant--Nevada State Medical Association & Clark County Medical Society | | 05-09399
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| 05/23/2005 | Motion | Filed Motion to Extend Time. Amicus Brief of Respondent. | | 05-10092
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| 06/01/2005 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed May 23, 2005. Ms. Watts shall have until June 13, 2005, to file and serve her answering brief to the amici curiae brief. | | 05-10730
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| 06/13/2005 | Motion | Filed Motion. Motion for Leave to File Brief of the Nevada Trial Lawyers Association as Amicus Curiae in Support of Position of Respondents. | | 05-11510
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| 06/15/2005 | Brief | Filed Answering Brief. Respondent's Brief in Response to "Amici Curiae Brief in Support of Appellant." | | 05-11749
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| 06/27/2005 | Motion | Filed Motion to Extend Time. Motion of Extension of Time in Which to Respond to NTLA's Motion for Leave to file an Amicus Brief. | | 05-12602
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| 06/27/2005 | Other | Other. Filed Response to "Motion for Leave to File Brief of the Nevada Trial Lawyers Association as Amicus Curiae" and Withdrawal of Motion for Extension. | | 05-12608
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| 07/14/2005 | Order/Procedural | Filed Order. The Nevada Trial Lawyers Association (NTLA) has moved for leave to file an amicus curiae brief in support of respondents' position. Appellant has filed a response. Appellant requests leave to file an answer to NTLA's amicus brief. Appellant also requests leave to submit a response to respondent Watts' answer to NSMA's amicus brief. fn1[Appellant also withdrew his previously filed motion for an extension of time to respond to NTLA's motion. Accordingly, we will take no action on the extension motion.] We grant NTLA's motion. The clerk shall file the amicus brief received on June 13, 2005. Appellant shall have 20 days from the date of this order to file and serve an answer to NTLA's amicus brief. We deny appellant's request for leave to file a response to the answer to NSMA's 'amici curiae brief.'
08/22/05 order: we vacate the portion of our order entered July 14th that permitted appellant to file an answer to the NTLA's brief.jcr | | 05-14116
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| 07/14/2005 | Brief | Filed Amicus Brief. Amicus Brief of the Nevada Trial Lawyers Association. | | 05-11512
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| 08/05/2005 | Motion | Filed Motion to Extend Time. Motion for Extension of Time in Which to Respond to the National Trial Lawyers Associatoins' Amicus Curiae Brief. | | 05-15587
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| 08/19/2005 | Motion | Filed Motion to Extend Time. Motion for Extension of Time in Which to Respond to the NTLA's Amicus Curiae Brief (Second Extension.) | | 05-16536
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| 08/22/2005 | Order/Procedural | Filed Order Denying Motion. On July 14, 2005, this court entered an order allowing the NTLA to file an amicus brief and granting appellant's motion to file an answer to the NTLA's amicus brief. Appellant has now filed two requests to extend the time for filing his answer to the NTLA's amicus brief. We conclude that appellant has failed to establish good cause to extend the time to file an answer to the NTLA's amicus brief. Accordingly, we deny the motions and vacate the portion of our order entered July 14th that permitted appellant to file an answer to the NTLA's brief. | | 05-16560
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| 08/22/2005 | Other | Returned Unfiled Document. Returned, unfiled, Appellant's Response to the Amicus Curiae Brief of the Nevada Trial Lawyer's Association. | | |
| 10/26/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 13, 2005, at 11:00 a.m. (SNP06-WM/MG/JH) | | |
| 11/07/2005 | Motion | Filed Motion to Extend Time. Motion to continuing the time for Oral Argument which is presently scheduled for December 13, 2005. | | 05-21909
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| 11/14/2005 | Motion | Filed Response to Motion. Notice of non-opposition to a continuance of the oral argument. | | 05-22372
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| 11/22/2005 | Order/Procedural | Filed Order Vacating Argument and Rescheduling. We vacate the oral argument presently scheduled for December 13, 2005, at 11:00 a.m., and direct the clerk to schedule this appeal for oral argument before the Southern Nevada Panel on the next scheduled argument calendar in February 2006 for 30 minutes. | | 05-23066
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| 12/09/2005 | Notice/Incoming | Filed Notice. Notice of Availability for Oral Argument. | | 05-24074
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| 12/19/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 7, 2006, at 1:30 p.m. (SNP06-WM/MG/JH) | | |
| 01/23/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 02/07/2006 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 02/09/2006 | Notice/Outgoing | Issued Letter. to Clark Co. Clerk requesting "Court's Instructions to the Jury" filed 2/21/01. | | 06-02987
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| 02/10/2006 | Exhibit | Filed Exhibits (copies). "Court's Instructions to the Jury" filed in district court on 2/21/01. | | 06-02991
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| 02/17/2006 | Motion | Filed Motion. Motion for Leave to File Supplemental Argument Limited to Three (3) Pages of Comment on the Jury Instruction Discussed in Oral Argument and Which is Among Those this Court has Since Requested from the District Court. | | 06-03625
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| 02/21/2006 | Motion | Filed Motion. Motion for Leave to Supplement Record with Certified Transcript of Oral Argument. | | 06-03722
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| 02/21/2006 | Transcript | Received Transcript. Transcript of Oral Argument held Tuesday, February 7, 2006. | | 06-03723
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| 02/27/2006 | Notice/Incoming | Filed Proof of Service. Amended Certificate of Service. | | 06-04496
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| 03/01/2006 | Motion | Filed Response to Motion. Conditional Non-Opposition to Respondents' Motion for Leave to File Supplemental Argument. | | 06-04659
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| 03/14/2006 | Order/Procedural | Filed Order. Oral argument was heard in this appeal on February 7, 2006. Respondent Patricia Watts has moved to file a supplemental argument. The clerk shall file the supplemental brief received on February 21, 2006. Appellant shall have 5 days to file and serve a supplemental brief of no more than 3 pages, if appellant deems such a brief necessary. We grant the unopposed motion to file a transcript of the oral argument. The clerk shall file the transcript submitted on February 21, 2006. | | 06-05433
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| 03/14/2006 | Brief | Filed Supplemental Brief. Respondent's Supplemental Argument. | | 06-03721
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| 03/14/2006 | Transcript | Filed Transcript. Transcript of Supreme Court Oral Argument held Tuesday, February 7, 2006. | | 06-03723
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| 03/22/2006 | Motion | Filed Motion for Excess Pages. Motion to Exceed Page Limit by One Page. | | 06-06124
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| 03/22/2006 | Other | Other. Received Appellant's Supplemental Argument. | | 06-06126
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| 03/27/2006 | Order/Procedural | Filed Order. Filing Supplemental Argument. The clerk shall file the 4-page supplemental argument received on March 22, 2006. | | 06-06354
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| 03/27/2006 | Brief | Filed Supplemental Brief. Appellant's Supplemental Argument. | | 06-06126
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| 05/17/2006 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH | | 06-10322
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| 06/06/2006 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Beckley Singleton - check no. 214696. | | |
| 06/06/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Appellant's Petition for Rehearing. | | 06-11830
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| 09/28/2006 | Order/Procedural | Filed Order. Directing Answer and Transferring to En Banc Court. Respondents: Answer to Petition due 15 days. We transfer this matter to the en banc court for all further proceedings. | | 06-19873
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| 10/12/2006 | Motion | Filed Motion to Extend Time. To file Answer to Petition for Rehearing. | | 06-20971
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| 10/12/2006 | Order/Procedural | Filed Order Granting Motion. Respondents shall have until October 23, 2006, to file and serve an answer to the petition for rehearing. | | 06-21054
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| 10/20/2006 | Post-Judgment Petition | Filed Answer to Petition for Rehearing. Respondent Patricia Watts' Answer to Appellant's Petition for Rehearing. | | 06-21656
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| 12/14/2006 | Order/Dispositional | Filed Order of Affirmance. Order Granting Rehearing and Affirming. We grant rehearing to clarify our affirmation of our order of May 17, 2006. "We affirm the judgment of the district court." EN BANC. Rose, C.J., Gibbons, Douglas and Parraguirre, JJ. Maupin, J., with whom Becker, J., agrees, concurring. Hardesty, J., concurring. | | 06-25612
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| 01/10/2007 | Remittitur | Issued Remittitur. Exhibits: "Court's Instructions to the Jury" filed in district court on 2/21/01 returned this day. | | 07-00639
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| 01/10/2007 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/19/2007 | Remittitur | Filed Remittitur. Received by County Clerk on January 16, 2007. | | 07-00639
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| 02/15/2007 | Letter/Incoming | Filed Letter. from attorney William G. Cobb requesting publication of the decision in this case. | | 07-03837
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| 04/25/2007 | Order/Procedural | Filed Order. Denying Request to Publish Decision. We conclue that publication is not warranted. | | 07-09288
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