| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/23/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Beckley Singleton Jemison Cobeaga & List--check no. 084330. | | |
| 04/23/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. | | 01-06819
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| 04/23/2001 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 05/03/2001 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 1/24/01. To Court Reporter: Kris Cornelius. | | 01-07413
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| 05/07/2001 | Notice of Appeal Documents | Filed Case Appeal Statement. Filed in district court on: May 3, 2001. | | 01-07662
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| 05/23/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: David K. Robinson. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 06/01/2001 | Motion | Filed Motion to Dismiss Appeal. (Rio Development, Inc.). | | 01-09156
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| 08/30/2001 | Settlement Program Report | Filed Interim Settlement Program Report. No counsel appeared for appellants. Sanctions recommended for both appellants' attorneys. Nos. 37752/38045. | | 01-14701
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| 09/17/2001 | Order/Procedural | Filed Order/Show Cause. On August 30, 2001, the settlement judge filed a settlement conference report with this court in which he determined that Daniel F. Polsenberg and Lynde Selden II, counsel for appellants, failed to participate in good faith in the settlement conference process. The settlement judge recommends the imposition of sanctions. Mr. Polsenberg and Mr. Selden shall have 15 days from the date of this order to show cause why this court should not act on the settlement judge's determination and recommendation. Nos. 37752/38045-these cases are not consolidated. | | 01-15644
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| 10/11/2001 | Motion | Filed Motion to Strike. Motion to Strike Class Plaintiffs/Appellant's Motion for Determination Regarding Conflict of Interest. | | 01-17131
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| 07/17/2002 | Order/Procedural | Filed Order. Order Imposing sanctions, Consolidating Appeals and Reinstating Briefing. The settlement judge has recommended the imposition of sanctions against attorneys Daniel Polsenberg and Lynde Selden II, counsel for appellants, for bad faith participation in the settlement conference process. Additionally, respondent Rio Development, Inc. has filed a motion to dismiss and for monetary sanctions for bad faith participation in the settlement conference process. Mr. Selden and Mr. Polsenberg oppose the settlement judge's recommendation and Rio Development's motion. fn1[We grant appellants' motion for an extension of time to file an opposition to Rio Development's motion for sanctions. We grant Rio development's motion for leave to file a reply to the opposition. The clerk of this court shall file the reply, attached as exhibit A to Rio Development's motion for leave to file a reply.] Mr. Selden and Mr. Polsenberg both assert that due to their inability to attend the conference, Mr. Semenza, an attorney they consider to be co-counsel in these appeals, agreed to attend the conference in their place. Mr. Semenza is not co-counsel in these appeals and had no duty to appear at the conference. We conclude that the imposition of sanctions against Mr. Selden and Mr. Polsenberg for their failure to appear at the mandatory settlement conference is warranted. Mr. Selden and Mr. Polsenberg shall each pay Rio Development $500, for a total of $1,000. fn2[We deny Rio Development's request for sanctions in the amount of $25,000. Any further request for attorney fees or sanctions will be considered, upon proper motion, after this court has issued a final decision in these appeals.] Within 20 days of the date of this order, Mr. Selden and Mr. Polsenberg shall file with the clerk of this court an affidavit or certificate verifying that payment has been made. We deny Rio Development's motion to dismiss this appeal. Mr. Polsenberg has filed a 'Motion for Determination Regarding conflict of Interest. This court does not issue advisory opinions. We deny the motion. fn3[We remind Mr. Polsenberg that he may seek guidance on this issue from the State Bar of Nevada.] We further deny as moot Rio Development's motion to strike appellants' motion for determination regarding conflict of interest. We deny appellants' request to reschedule these appeals for another settlement conference, and we reinstate the time deadlines for requesting and preparing transcripts and for filing briefs. We consolidate the above-entitled matters for all appellate purposes. Appellants shall have 15 days from the date of this order to comply with NRAP 9(a) in Docket no. 38045. Court reporter Kris Cornelius shall have 30 days from the date of this order to prepare and file the January 24, 2001 transcript requested on May 3, 2001 in Docket No. 37752. The court reporter shall inform this court in writing if the requested transcripts were previously prepared and filed the in the district court. Court reporter Patsy Smith need no produce a transcript for October 13, 1998, in Docket No. 38045. Rio Development shall have 10 days from the date of this order to file an amended transcript request form requesting the preparation of the November 13, 1998 transcript by court reporter Silvaggio in Docket No. 38045. Appellants: 120 days to file and serve a single opening brief and appendix addressing the issues raised in both appeals. Respondent/cross-appellant Rio Development: 30 days after service of the opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Respondent Silver Canyon Partnership: 30 days after service of the opening brief to file an answring brief. Appellants: 30 days thereafter to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Respondent/cross-appellant Rio Development: 30 days thereafter to file and serve a reply brief on cross-appeal. Nos. 37752/38045 (02-12252) | | 02-12252
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| 08/02/2002 | Notice/Incoming | Filed Proof of Payment of Sanction. Affidavit/Certification of Lynde Selden II Verifying Payment of Sanctions. Nos. 37752/38045 | | 02-13291
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| 08/06/2002 | Notice/Incoming | Filed Proof of Payment of Sanction. Affidavit of Daniel F. Polsenberg for sanctions in the amount of $500.00 paid to Rio Development. Nos. 37752/38045. | | 02-13395
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| 08/12/2002 | Transcript Request | Filed Certificate of No Transcript Request. Nos. 37752/38045 | | 02-13769
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| 08/23/2002 | Letter/Incoming | Filed Letter. from Court Reporter Kristine Cornelius. The transcript of 1/24/01 was previously prepared and filed in the district court. Nos. 37752/38045 | | 02-14548
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| 08/29/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 10/5/98 to 10/8/98. To Court Reporter: Patsy K. Smith. Nos. 37752/38045. | | 02-14993
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| 09/20/2002 | Transcript | Filed Transcript. Proceedings: 10/05/98 (02); 10/06/98; and 10/08/98. Court Reporter: Patsy K. Smith. Nos. 37752/38045. | | 02-16379
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| 11/18/2002 | Motion | Filed Stipulation and Order. Brief due: December 16, 2002. Nos. 37752/38045. | | 02-19854
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| 12/18/2002 | Motion | Filed Motion to Extend Time. Nos. 37752/38045 | | 02-21669
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| 12/23/2002 | Motion | Filed Response to Motion. Opposition to Motion of Class Plaintiffs/Appellants for Extension of Time to File Opening Brief. Nos. 37752/38045. | | 02-21973
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| 01/06/2003 | Other | Disqualification of Justice Gibbons. Sat in district court proceedings. | | |
| 01/08/2003 | Order/Procedural | Filed Order/Show Cause. Appellants/cross-respondents shall have 30 days from the date of this order to show cause why their appeals in Docket No. 37752 and Docket No. 38045 should not be dismissed for lack of jurisdiction. Respondent/cross-appellant shall have 30 days from the date of this order to show cause why its cross-appeal should not be dismissed for lack of jurisdiction. The briefing schedule in this appeal shall be suspended pending further order of this court. fn10[On June 1, 2001, Rio filed a motion to dismiss the appeal in Docket No. 37752. We defer ruling on that motion at this time.] Nos. 37752/38045. | | 03-00388
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| 02/10/2003 | Motion | Filed Response to Order to Show Cause. Rio Development, Inc.'s Response to Nevada Supreme Court's Order to Show Cause Dated January 8, 2003. Nos. 37752/38045. | | 03-02339
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| 02/10/2003 | Motion | Filed Response to Order to Show Cause. Appellant's/Cross-Respondent's. Nos. 37752/38045. | | 03-02341
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| 03/12/2003 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Granting Motion to Dismiss Appeal in Docket No. 37752 and Granting Request for Additional Time to Cure Jurisdictional Defect in Docket No. 38045. The appeals in Docket No. 37752 and Docket No. 38045 are consolidated. On June 1, 2001, Rio filed a motion to dismiss the appeal in Docket No. 37752. We deferred ruling on that motion pending receipt of Class Plaintiffs' response to our order to show cause. In Class Plaintiffs' response, they agree that the appeal in Docket No. 37752 was prematurely filed and should be dismissed. 'We grant Rio's motion to dismiss the appeal in Docket No. 37752.' Rios response to our order to show cause in Docket No. 38045 acknowledges that 'there are not final orders or judgments for each and every claim asserted in the trial court below.' Rio states that it is 'prepared to live with' a dismissal of its cross-appeal as untimely. Class Plaintiffs also agree that their appeal is jurisdictionally defective and request 30 days in which to cure the apparent jurisdictional defect. We grant the request. Class Plaintiffs shall have 30 days from the date of this order to demonstrate to this court that they have cured all jurisdictional defects in Docket No. 38045. If Class Plaintiffs obtain a written order from the district court dismissing the remaining parties and/or claims, they must file an amended notice of appeal with the district court within the time frame set forth in NRAP 4(a)(1). Rio may also file any amended notice of appeal within the time frame of NRAP 4(a)(1). fn2[We caution the parties that we will not grant any further requests for an extension of time.] Nos. 37752/38045-cases are no longer consolidated. | | 03-04121
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| 03/12/2003 | Motion | Filed Response to Order to Show Cause. Supplemental Response to Order to Show Cause. | | 03-04201
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| 04/08/2003 | Remittitur | Issued Remittitur. | | 03-04187
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| 04/08/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/28/2003 | Remittitur | Filed Remittitur. Received by County Clerk on April 10, 2003. | | 03-04187
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