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United States Court Cases

Nevada Supreme/Appellate Court Record

HADLOCK VS. PUBLIC AGENCY COMP. TRUST

Case Information: 40145
Short Caption:HADLOCK VS. PUBLIC AGENCY COMP. TRUSTCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0100881Classification:Civil Appeal - Administrative Agency - General
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/16/2002 / Cashill, Wm.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:09/15/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/03/2002OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
09/03/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Badger and Baker--check no. 12130.
09/03/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Appellant Hadlock.) Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-15159
09/05/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Employers Insurance Company of Nevada--check no. 10894.
09/05/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Appellants Employers Ins. Co. of Nevada and City of Elko.) Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellants.) 02-15259
09/10/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Thorndal Armstrong Delk Balkenbush & Eisinger--check no. 017602.
09/10/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (PACT and Elko County). (Docketing statement mailed to counsel for cross-appellant.) 02-15626
09/16/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William Patterson Cashill. (Briefing and preparation of transcripts suspended pending further order of this court.)
09/20/2002Docketing StatementFiled Docketing Statement. Joint Docketing Statement (EICON, Hadlock and City of Elko). 02-16395
09/24/2002Notice/Outgoing Letter. William Patterson Cashill. (Joint docketing statement of Hadlock and City of Elko)
10/14/2002Order/ProceduralFiled Order. Appellant EICN and appellants PACT and Elko County shall, within 10 days from the date of this order, file and serve their respective docketing statements. 02-17685
10/23/2002Order/ProceduralFiled Order. Correcting Clerical Error. Appellants EICN, City of Elko and Boyd Hadlock filed a joint docketing statement on September 20, 2002. We vacate that portion of the October 14, 2002, order directing EICN to file its docketing statement. Docketing statements are still due from PACT and Elko County pursuant to the October 14, 2002, order. 02-18357
10/29/2002Docketing StatementFiled Docketing Statement. PACT and Elko County. 02-18655
10/30/2002Notice/Outgoing Letter. William Patterson Cashill. (Docketing statement of PACT and Elko County)
01/06/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: January 10, 2003. 03-00240
09/03/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-14783
09/16/2003Order/ProceduralFiled Order/Show Cause. Response due from appellants Hadlock, Elko County and PACT: 30 days from the date of this order. The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Any respondent may file a reply within 10 days from the date that appellants' responses are served. 03-15448
10/01/2003MotionFiled Response to Order to Show Cause. (Appellant/Cross-Respondent Hadlock) 03-16316
10/15/2003MotionFiled Response to Order to Show Cause. Public Agency Compensation Trust's and Elko County Response to Order to Show Cause. 03-17147
11/03/2003Order/ProceduralFiled Order. Re: Conclusion of Settlement Proceedings. 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 of this appeal. Accordingly, the settlement proceedings are concluded and this appeal may proceed. Compliance with NRAP 9(a) and briefing shall remain suspended, however, pending this court's review and resolution of appellants' responses to this court's order to show cause entered on September 16, 2003. 03-18248
12/05/2003Order/ProceduralFiled Order. Dismissing Appeals of PACT and Elko County and Reinstating Briefing. Since Elko County and PACT are not aggrieved by the district court's judgment, we lack jurisdiction over their appeal. Accordingly, we dismiss the appeals of Elko County and PACT. We reinstate the deadlines for requesting transcripts and filing briefs in the remaining appeals as follows. The parties shall each have 15 days from the date of this order to comply with NRAP 9(a). The briefing of these appeals shall proceed under the following parallel briefing schedules. Hadlock's appeal: Appellant Hadlock shall have 120 days from the date of this order to file and serve his opening brief and appendix. Respondents PACT and Elko County shall have 30 days from the date Hadlock's opening brief is served to file an answering brief. Hadlock shall then have 30 days from the date respondents' answering brief is served to file and serve any reply brief. EICON's and City of Elko's appeal: EICON and the City of Elko shall have 120 days from the date of this order to file and serve an opening brief and appendix. Respondents PACT, Elko County, and Hadlock shall each have 30 days from the date the opening brief is served to file an answering brief. EICON and City of Elko shall have 30 days from the date respondents' answering briefs are served to file and serve any reply brief. 03-20268
12/11/2003Transcript RequestFiled Certificate of No Transcript Request. (EICON) 03-20641
12/16/2003Transcript RequestFiled Certificate of No Transcript Request. Joinder in Notice of Transcript Certificate - City of Elko. 03-20959
12/17/2003Transcript RequestFiled Certificate of No Transcript Request. 03-21047
01/16/2004MotionFiled Motion to Consolidate. Notice of Motion for Consolidation (Nos. 40145 and 40241). 04-01049
01/26/2004MotionFiled Response to Motion. Respondent EICN's Opposition to Apepllant's Motion for Consolidation. Nos. 40145 and 40241. 04-01564
01/28/2004MotionFiled Response to Motion. Respondent, Perry's Opposition to Appellant's Motion for Consolidation. Nos. 40145 and 40241 04-01834
01/28/2004MotionFiled Response to Motion. City of Elko's Opposition to Public Agency Compensation Trust's (PACT's) Motion for Consolidation. Nos. 40145 and 40241 04-01838
02/04/2004Order/ProceduralFiled Order. Denying Motion to Consolidate. Public Agency Compensation Trust has moved to consolidate these appeals. Respondents Employers Insurance Company of Nevada ('EICN') and City of Elko in Docket No. 40145 and respondents Colin Perry and EICN in Docket No. 40241 oppose the motion. We conclude that consolidation of these appeals is not warranted at this time. Accordingly, we deny the motion. Nos. 40145/40241 - cases are not consolidated. 04-02207
04/02/2004MotionFiled Stipulation and Order. Brief due: May 5, 2004. 04-06141
04/06/2004AppendixFiled Joint Appendix. Vols. 1 through 5. 05/12/04 ORDER: STRICKEN. 04-06298
05/05/2004MotionFiled Motion to Extend Time. Motion Upon Stipulation to File Amended Joint Appendix and for Extension of Appellants' Time to File Opening Briefs. 04-08268
05/05/2004BriefFiled Amicus Brief. Amicus Brief of the Legislature of the State of Nevada. 04-08274
05/12/2004Order/ProceduralFiled Order Granting Motion. filed May 5, 2004. The parties have filed a joint motion requesting permission to file an amended joint appendix and requesting an extension of time to file the opening briefs. The parties state that the joint appendix filed on April 6, 2004, is 'irretrievably disordered' and '[a]s a result the parties have been unable to draft their opening briefs.' Cause appearing, we grant the motion. The clerk shall strike the joint appendix filed on April 6, 2004, and file the amended joint appendix received on May 5, 2004. Appellant Hadlock and appellants Employers Insurance Company of Nevada and City of Elko shall have until June 4, 2004, to file and serve their opening briefs. Thereafter, briefing shall proceed in accordance with the briefing schedule established in our December 5, 2003, order. 04-08875
05/12/2004AppendixFiled Joint Appendix. Amended Joint Appendix. Volumes 1 through 5. 04-08269
05/27/2004BriefFiled Opening Brief. City of Elko. 04-09824
06/02/2004BriefFiled Opening Brief. Appellant Boyd Hadlock's Opening Brief. 04-10097
06/04/2004BriefFiled Opening Brief. Employers Insurance Company of Nevada. 04-10283
07/01/2004MotionFiled Stipulation. Stipulation to Extend Time to File Answering Brief by Appellants Public Agency Compensation Trust (PACT) and Elko County (Answering Brief to Amicus Legislature of the State of Nevada). 04-12133
07/13/2004Order/ProceduralFiled Order/Stipulation Approved. PACT and Elko County shall have until August 6, 2004, to file and serve the answering brief in response to the opening briefs filed by appellants Boyd Hadlock, City of Elko, and EICON and to the amicus brief filed by the Legislature of the State of Nevada. PACT and Elko County further indicate their intent to file a single answering brief in response to all three opening briefs and the amicus brief. Thereafter, briefing shall proceed in accordance with the briefing schedule established in this court's December 5,2003, order. 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. 04-12739
07/27/2004MotionFiled Stipulation. Public Agency Compensation Trust (PACT) 04-13673
09/07/2004MotionFiled Stipulation. Stipulation to Extend Time to File Answering Brief by Appellants Public Agency Compensation Trust (PACT) and Elko County. 04-16214
09/08/2004Notice/IncomingFiled Proof of Service. 04-16436
09/15/2004MotionFiled Motion for Excess Pages. Appellants Elko County and Public Agency Compensation Trust (Pact)'s Motion for Permission to Submit Answering Brief of More than Thirty (30) Pages. 04-16949
10/27/2004Order/ProceduralFiled Order. On December 5, 2003, this court entered an order that, among other things, established 2 parallel briefing schedules for the appeal of appellant Boyd Hadlock ('Hadlock') and the appeal of appellants Employers Insurance Company of Nevada ('EICON') and City of Elko ('City'). fn1[The appeal of PACT and Elko County was dismissed in our order of December 5, 2003.] PACT and Elko County ('County'), respondents to the appeal of Hadlock and the appeal of EICON and City, have filed 2 stipulations to extend the time to file the answering brief. We elect to treat the stipulations as joint motions for extensions of time and we grant the motions. We grant PACT and County's motion to file a 56-page brief. NRAP 28(g). The clerk of this court shall file the answering brief received on September 15, 2004. Hadlock shall have 30 days from the date of this order to file and serve a reply brief, if deemed necessary. On May 27, 2004, and June 4, 2004, EICON and City filed their opening briefs. To date, Hadlock has failed to file his answering brief. Hadlock shall have 30 days from the date of this order to file and serve his answering brief. We note that Hadlock may file a combined answering brief to EICON and City's opening briefs and reply brief to PACT and County's answering brief. We also direct the clerk to file City's reply brief received on October 7, 2004. fn2[Because respondent Hadlock has not yet filed an answering brief, it appears that the City's reply brief replies only to the answering brief of respondents PACT and County. The City shall have 30 days from service of Hadlock's answering brief to file a separate reply brief.] EICON shall have 30 days from service of Hadlock's answering brief to file a single reply brief, if necessary, to the answering brief of PACT and County and the answering brief of Hadlock. 04-19874
10/27/2004BriefFiled Answering Brief. Public Agency compensation Trus (PACT) and Elko County. 04-16951
10/27/2004BriefFiled Reply Brief. Appellant City of Elko. 04-18570
11/24/2004MotionFiled Stipulation and Order. (Hadlock) Brief due: December 29, 2004. 04-21564
12/21/2004MotionFiled Motion to Extend Time. Appellant Boyd Hadlock. 04-23281
01/14/2005MotionFiled Response to Motion. Notice of No Opposition to Appellant Boyd Hadlock's Motion for Extension of Time to Serve and File his Reply Brief. 05-00953
01/19/2005Order/ProceduralFiled Order. On December 5, 2003, this court entered an order that established parallel briefing schedules for the appeal of appellant Boyd Hadlock (Hadlock) and the appeal of appellants Employers Insurance Company of Nevada (EICON) and City of Elko (City). fn1[The appeal of Public Agency Compensation Trust (PACT) and Elko County was dismissed in our order of December 5, 2003. Accordingly, the clerk of this court shall modify the caption by deleting the appeal of PACT and Elko County.] On December 21, 2004, Hadlock filed a motion requesting a second extension of time to file his 'reply brief.' On January 14, 2005, PACT and the County filed a notice of non-opposition to Hadlock's motion for an extension of time. Cause appearing, we grant the motion for an extension of time. Hadlock shall have until January 28, 2005, to file and serve the combined reply brief and answering brief. 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. Failure to file a timely reply brief may be treated as a waiver of the right to file a reply brief. Further, failure to file an answering brief may be treated as a confession of error. Pursuant to our order of October 27, 2004, EICON shall have 30 days from service of Hadlock's answering brief to file a single reply brief, if necessary, to the answering brief of PACT and the County and the answering brief of Hadlock. In addition, the City shall have 30 days from service of Hadlock's answering brief to file a separate reply brief thereto, if deemed necessary. fn3[The City filed a reply brief to the answering brief of PACT and the County on October 27, 2004.] 05-01183
01/26/2005BriefFiled Amicus Brief. Amicus Curiae Brief of Nevada Assemblyman John Oceguera. 05-01702
01/26/2005BriefFiled Reply Brief. Appellant Boyd Hadlock's Reply Brief. 05-01706
02/03/2005Notice/IncomingFiled Notice of Change of Address. Piscevich & Fenner law firm. 05-02228
02/14/2005Notice/IncomingFiled Notice of Election Not to File a Reply Brief. City of Elko. 05-02927
02/28/2005BriefFiled Reply Brief. Appellant EICON 05-03888
09/15/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the _ Panel as of the date of this order on the briefs filed herein. 05-18346
09/15/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06-NB/MD/RP
10/18/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06-NB/MD/RP 05-20644
11/15/2005RemittiturIssued Remittitur. 05-20709
11/15/2005Case Status Update Remittitur Issued/Case Closed.
11/28/2005RemittiturFiled Remittitur. Received by District Court Clerk on November 16, 2005. 05-20709