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United States Court Cases

Nevada Supreme/Appellate Court Record

EMPLOYERS INS. CO. OF NEV. VS. MATUTE

Case Information: 37923
Short Caption:EMPLOYERS INS. CO. OF NEV. VS. MATUTECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A402917Classification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/12/2001 / Johns, AlanSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/13/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/24/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckett & Yott, Ltd.--check no. 1.
05/24/2001Notice 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.) 01-08707
06/11/2001Order/ProceduralFiled Order. Appellant's case appeal statement lists Pedro Matute (deceased) as a party to this appeal. Appellant shall, within 30 days from the date of this order: (1) move for the substitution of the personal representative of Pedro Matute as a respondent in this matter or (2) inform this court that Pedro Matute has no personal representative. Failure to substitute a personal representative for Pedro Matute will likely result in the dismissal of this appeal as to Pedro Matute. 01-09689
06/28/2001MotionFiled Motion to Extend Time. 01-11015
07/06/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed June 28, 2001. The clerk shall file the docketing statement received on June 28, 2001. 01-11347
07/06/2001Docketing StatementFiled Docketing Statement. 01-11017
07/16/2001Notice/IncomingFiled Notice of Change of Address. Law firm of Beckett & Yott. 01-12088
07/16/2001MotionFiled Response to Order to Show Cause. Response to the Court's Order regarding Personal Representative. 01-12090
08/29/2001Order/ProceduralFiled Order. On July 16, 2001, appellant filed a response to our order of June 11, 2001. Appellant states that Lucia Matute filed a claim for death benefits following the death of her husband and is the proper party respondent to this appeal. The clerk of this court shall amend the caption on this court's docket by removing pedro Matute as a party to this appeal. The clerk shall issue a notice assigning this appeal to the settlement conference program. 01-14607
09/12/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Alan R. Johns. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/28/2001Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 01-19924
12/19/2001Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this matter. 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). 01-21385
12/28/2001Transcript RequestFiled Certificate of No Transcript Request. 01-21814
04/11/2002AppendixFiled Joint Appendix. Vols. 1 and 2. 02-06500
04/22/2002BriefFiled Opening Brief. Mailed on: 04/18/02. Signed by: Laurie A. Yott. 02-07065
05/16/2002BriefFiled Answering Brief. Mailed on: UPS 05/15/02. 02-08645
06/17/2002MotionFiled Stipulation and Order. Brief due: July 17, 2002. 02-10481
07/19/2002BriefFiled Reply Brief. Mailed on: Hand delivered 07/19/02. 02-12380
12/13/2002Order/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. 02-21319
12/13/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB.
04/08/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 03-05891
04/28/2003Filing FeeReceived Filing Fee Paid on Filing. $100 from Beckett & Yott - check no. 3020.
04/28/2003Post-Judgment PetitionFiled Petition for Rehearing. Hand Delivered: Reno/Carson Messenger. 03-07150
04/28/2003MotionFiled Motion. Motion to file Appendix. 05/14/03 Order: detached the article, marked as "Exhibit A" to the "Motion to File Appendix," filed April 28, 2003, and returned it to appellant, unfiled. 03-07152
05/14/2003Order/ProceduralFiled Order Denying Motion. On April 28, 2003, appellant filed a petition for rehearing of this court's April 8, 2003, Order of Affirmance. At the same time, appellant also filed a "Motion to file Appendix." In that motion appellant request this court to take judicial notice of an article that was published in the Las Vegas Sun on April 8, 2003, concerning this court's Order of Affirmance. An "internet copy' of the article is attached to the motion as "Exhibit A." No good cause appearing, we deny the motion. The clerk of this court shall detach the article, marked as "Exhibit A" to the "Motion to File Appendix," and return it to appellant, unfiled. When taking the petition for rehearing under consideration, this court shall disregard those portions of the petition that discuss the article, specifically, page 2, lines 4-7. 03-08208
05/14/2003Notice/OutgoingIssued Letter. to attorney Laurie A. Yott. Detached and returned unfiled, " the article, marked as "Exhibit A" to the "Motion to File Appendix," filed on April 28, 2003.
05/15/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Fn1[EICON alleges for the first time in its petition for rehearing that the OSHES documents was improper and that without these documents substantial evidence does not support the appeals officer's decision. As this issue was not raised below, it is not a proper subject for a petition for rehearing]. 03-08267
06/10/2003RemittiturIssued Remittitur. 03-08558
06/10/2003Case Status Update Remittitur Issued/Case Closed.
06/25/2003RemittiturFiled Remittitur. Received by County Clerk on June 12, 2003. 03-08558