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United States Court Cases

Nevada Supreme/Appellate Court Record

CONST. INDUS. WORKERS VS. UPSHAW

Case Information: 42170
Short Caption:CONST. INDUS. WORKERS VS. UPSHAWCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A455292Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/23/2003 / Hoppe, CraigSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/18/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/14/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from J. Michael McGroarty Chartered--check no. 20578. (Additional $50 due.)
10/14/2003Notice 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.) 03-17062
10/14/2003Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Additional $50 due. Due Date: 10 days
10/16/2003Filing FeeReceived Filing Fee Paid on Filing. $50.00 (Automation Fee) from J. Michael McGroarty-check no. 20608.
10/16/2003Notice/IncomingFiled Notice of Appearance. Javier A. Arguello of Santoro, Driggs firm representing respondent Lake Mead Constructors. 03-17268
10/23/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Craig A. Hoppe. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/30/2003Docketing StatementFiled Docketing Statement. 03-18160
11/03/2003Notice/Outgoing Letter. Craig A. Hoppe. (docketing statement)
02/09/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-02496
02/19/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 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). 04-03183
03/18/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). To date appellant has failed to comply with our order of February 19, 2004. We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days to comply with the rule. Failure to comply with this order may result in the imposition of sanctions, including dismissal of this appeal as abandoned. 04-05146
03/19/2004MotionFiled Motion to Extend Time. Motion for Leave to File Late Certificate Re: Transcript of Proceedings. 04-05277
03/19/2004Transcript RequestFiled Certificate of No Transcript Request. 04-05278
04/21/2004AppendixFiled Joint Appendix. Vols. 1 through 3. 04-07355
05/06/2004Order/Clerk'sFiled Clerk's Order. On March 18, 2040, this court entered an order directing appellant to request transcripts in compliance with NRAP 9 by March 29, 2004. On March 19, 2004, appellant filed a timely certificate that no transcripts are being requested. On that same date appellant also filed a motion for extension of time to file the certificate. The certificate having been filed timely, appellant's motion for an extension of time is denied as moot. 04-08388
06/21/2004BriefFiled Opening Brief. 04-11274
07/16/2004MotionFiled Stipulation. 04-13013
07/19/2004BriefFiled Answering Brief. Lake Mead Constructor's Answering Brief. 04-13130
07/20/2004Order/ProceduralFiled Order Granting Motion. We elect to treat the stipulation filed July 16, 2004 as a joint motion for an extension of time, and we grant the motion. Respondent Upshaw shall have until September 20, 2004, to file and serve this 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. 04-13173
09/22/2004BriefFiled Answering Brief. Respondent Ronald Upshaw. 04-17543
10/25/2004BriefFiled Reply Brief. 04-19627
05/18/2005Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 05-09668
05/18/2005Case Status Update Submitted for Decision.
06/15/2005Order/DispositionalFiled Order of Affirmance. "We affirm the district court's order denying the petition for judicial review." SNP05-RR/MG/JH 05-11703
07/12/2005RemittiturIssued Remittitur. 05-12761
07/12/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by County Clerk on July 15, 2005. 05-12761