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United States Court Cases

Nevada Supreme/Appellate Court Record

WHEELER VS. UNITED SERVICES AUTO. ASS'N

Case Information: 37774
Short Caption:WHEELER VS. UNITED SERVICES AUTO. ASS'NCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0005583Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:05/04/2001 / Jenkins, NathanSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/26/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Christopherson Law Offices--check no. 4341.
04/26/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-07041
05/04/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nathan M. Jenkins. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
10/24/2001Settlement Program ReportFiled Interim Settlement Program Report. The Appellants and Respondent Rosenauer have agreed to a settlement of this matter. Appellants and all remaining parties were unable to agree to a settlement of this matter. 01-17925
10/24/2001Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
11/09/2001Docketing StatementFiled Docketing Statement. 01-18782
01/29/2002Order/ProceduralFiled Order. On October 24, 2001, the settlement judge filed a report indicating that 'Appellants and Defendant Michael a. Rosenauer have agreed to a settlement of the matter conditioned upon a good faith settlement determination by the District Court.' Appellants shall have 30 days from the date of this order to file a motion or stipulation to dismiss this appeal as to Rosenauer or to otherwise inform this court of the status of such appeal. fn1[We note that the district court retains jurisdiction to make a good faith settlement determination while an appeal is pending.] The settlement judge's report further indicated that appellants and all remaining respondents were unable to agree to a settlement of this matter. This court shall conduct a preliminary jurisdictional review of this appeal. The time deadlines for requesting transcripts and filing briefs shall remain suspended pending further order of this court. 02-01923
02/25/2002MotionFiled Stipulation. Stipulation to Dismiss Appeal as to Defendant Rosenauer Only. 02-03525
03/11/2002Order/Clerk'sFiled Clerk's Order Approving Stipulation. Partially Dismissing Appeal. Pursuant to the stipulation filed on February 25, 2002, this appeal is dismissed as to respondent Michael A. Rosenauer only. NRAP 42(b). The clerk of this court shall remove Michael A. Rosenauer as respondent from the caption on this court's docket. 02-04312
04/15/2002MotionFiled Stipulation. Stipulation for Amendment of Caption. 02-06710
05/28/2002Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed April 15, 2002. The clerk of this court shall modify this court's caption to be consistent with the caption on this order. 02-09230
05/31/2002Notice/IncomingFiled Notice. Notice of Entry of Order. 02-09517
06/20/2002Order/ProceduralFiled Order/Show Cause. Response due from appellants: 30 days from the date of this order. If all of the potential jurisdictional defects are addressed by procuring a signed order or an NRCP 41 stipulation, we caution appellants that they will need to timely file an amended notice of appeal. fn5[No additional filing fees are required for a timely filed amended notice of appeal. See NRAP 4(a)(4). An amended notice of appeal, if any, filed in response to this order to show cause, shall be filed under the same docket number (No. 37774).] The preparation of transcripts and the briefing scheduled shall remain suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellants' response is served. Appellants' counsel shall have 30 days from the date of this order to show cause why the imposition of sanctions is not warranted under NRAP 14(c) and shall file and serve an amended civil docketing statement completed fully and accurately in compliance with NRAP 14, with all requested documents attached. (Docketing statement mailed to counsel for appellants.) 02-10715
07/15/2002MotionFiled Motion to Extend Time. Motion for Enlargement of Time Re Order to Show Cause. 02-12098
07/25/2002Order/ProceduralFiled Order Granting Motion. filed July 15, 2002. Appellants shall have until August 15, 2002, to comply with the June 22, 2002, order to show cause. 02-12706
07/25/2002MotionFiled Response to Motion. Leverty Respondents' Opposition to Motion for Enlargement of Time re Order to Show Cause and Countermotion for Sanctions. 02-12783
07/26/2002Notice/IncomingFiled Joinder. Joinder in Leverty Respondents' Opposition to Motion for Enlargement of Time Re Order to Show Cause and Countermotion for Sanctions. 02-12898
08/16/2002MotionFiled Motion to Extend Time. Motion for Second Enlargement of Time Re Order to Show Cause. 02-14052
08/22/2002Order/ProceduralFiled Order Denying Motion. On July 25, 2002, we grant the motion for an extension of time to respond to our show cause order. On the same day, respondents filed their opposition to the motion and a countermotion for sanctions. We construe this opposition as a motion for reconsideration, which we deny. We deny the countermotion for sanctions or dismissal. We note that we will consider whether appellants' counsel should be sanctioned for his docketing statement dereliction's when we have received and considered the response to our show cause order. 02-14422
08/26/2002MotionFiled Response to Motion. Leverty Respondents' Opposition to Motion for Second Enlargement of Time re: Order to Show Cause. 02-14603
08/28/2002MotionFiled Motion. Joinder in Leverty Respondents' Opposition to Motion for Second Enlargement of Time Re Order to Show Cause. 02-14885
09/24/2002Order/DispositionalFiled Order Dismissing Appeal. As the district court has denied certification and has indicated a need to resolve the pending counterclaim, we conclude that a second extension of time is unwarranted. We conclude that we lack jurisdiction of this appeal and therefore " . . . dismiss it." We sanction appellants' counsel $250.00 for his failure to properly complete the docketing statement. Within 30 days from the date of this order, attorney Ian Christopherson shall pay to the Nevada Supreme Court Law Library the sum of $250.00 and provide the clerk of this court with proof of payment. NNP03Y-RR/CY/DA 02-16499
10/22/2002RemittiturIssued Remittitur. 02-16774
10/22/2002Case Status Update Remittitur Issued/Case Closed.
10/24/2002Letter/IncomingFiled Letter. from attorney Ian Christopherson. (Copy of letter to Supreme Court Law Library enclosing a check in the amount of $250 in payment of sanctions imposed in 9/24/02 order.)
12/20/2002RemittiturFiled Remittitur. Received by County Clerk on November 13, 2002. 02-16774
01/22/2003Order/CounselFiled Order/Sanctions. On September 24, 2002, we sanctioned appellant's counsel, Ian Christopherson, $250.00 for his failure to properly complete the docketing statement. To date, we have received no proof of payment that the sanction has been paid. Attorney Christopherson shall have 20 days from the date of this order to provide the clerk of this court with proof that he has paid the sanction. Failure to pay the $250.00 sanction may result in the imposition of additional sanctions. 01/31/03 ORDER: VACATED OUR ORDER ENTERED JANUARY 22, 2003, DIRECTING MR. CHRISTOPHERSON TO PROVIDE THE CLERK OF THIS COURT WITH PROOF OF PAYMENT. 03-01165
01/31/2003Order/CounselFiled Order/Sanctions. On January 23, 2002, we entered an order noting this court had received no proof of payment that the sanction imposed on September 24, 2002, has been paid. We directed Mr. Christopherson to provide the clerk of this court with proof that he has paid the sanction within 20 days. A further review of the record before this court reveals that Mr. Christopherson timely paid the sanction on October 24, 2002. We vacate our order entered January 23, 2003, directing Mr. Christopherson to provide the clerk of this court with proof of payment. 03-01700