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United States Court Cases

Nevada Supreme/Appellate Court Record

RIVET VS. MONTREUX

Case Information: 39986
Short Caption:RIVET VS. MONTREUXCourt:Supreme Court
Related Case(s): 40526
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9701860Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:11/07/2002 / Eisenberg, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/30/2002OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger.
07/30/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Edward S. Coleman--check no. 11589.
07/30/2002Notice 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.) 02-13039
08/06/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Cathy Valenta Weise. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/12/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/03/00, 11/08/00, 11/14/00, 05/02/01, 05/09/01, 05/10/01, 02/21/02, 02/22/02, 02/25/02-03/01/02, 03/04/02-03/05/02, 04/11/02, and 04/16/02. To Court Reporter: Joan Marie Dotson. 02-13777
08/14/2002Docketing StatementFiled Docketing Statement. 02-13913
08/15/2002Notice/Outgoing Letter. Cathy Valenta Weise. (Docketing statement)
08/21/2002Docketing StatementFiled Response to Docketing Statement. Respondents Montreux and Jaksick. 02-14315
08/23/2002Docketing StatementFiled Docketing Statement. Amended Docketing Statement. 02-14486
09/03/2002Notice/Outgoing Letter. Cathy Valenta Weise. (Amended Docketing statement)
09/05/2002Notice/Outgoing Letter. Cathy Valenta Weise.
11/07/2002Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Robert L. Eisenberg.
12/11/2002MotionFiled Stipulation. Stipulation re: Notices of Appeal and Cross-Appeal. 02-21123
12/20/2002Letter/IncomingFiled Letter. from court reporter Joan Dotson re: preparation of transcripts. 02-21858
01/24/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter only as to appellants and Montreux Golf Club, Ltd. The parties were unable to agree to a settlement of this matter as to appellants and the two other respondents. Nos. 39986/40526 03-01339
02/03/2003Letter/IncomingFiled Letter. from Court Reporter Joan Dotson regarding non-payment for transcripts. 03-01819
02/18/2003Letter/IncomingFiled Letter. Courtesy copy of letter sent to Joan Dodson regarding payment for transcripts. 03-02748
02/20/2003Letter/IncomingFiled Letter. from Joan Dotson regarding receiving payment for transcripts from Edward Coleman. 03-02891
03/13/2003Order/ProceduralFiled Order. Pursuant to NRAP 16(g), the settlement judge has filed a report indicating that appellants/cross-respondents Joan C. Rivet, James F. Colfer and Oline Colfer and respondent/cross-appellant Montreux Golf Club, Ltd., have settled their appeals against each other. Accordingly, these parties shall have 30 days from the date of this order to file either a stipulation or motion to dismiss their respective appeal and cross-appeal or inform this court of the status of this appeal and cross-appeal. Because appellants/cross-respondents have not settled with Montreux and Sam Jaksick, we reinstate the briefing as to these parties. We consolidate these appeals and cross-appeals for all appellate purposes. Court reporter Joan Dotson shall have 30 days from the date of this order to prepare and file the transcripts requested by appellants/cross-respondents pursuant to the transcript request filed on August 12, 2002 or the court reporter shall inform this court in writing that the transcripts requested by appellants/cross-respondents were previously prepared and filed in the district court. Appellants/cross-respondents should include copies of any previously prepared transcripts in the appendix to their opening brief. Montreux and Mr. Jaksick shall have 15 days from the date of this order to comply with NRAP 9(a). Appellants/cross-respondents shall have 100 days from the date of this order to file and serve the opening brief and appendix. Montreux and Mr. Jaksick shall have 30 days from service of the opening brief and appendix to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellants/cross-respondents shall have 30 days from service of Montreux and Mr. Jaksick's combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, Montreux and Mr. Jaksick shall have 30 days from service of appellants/cross-respondents' combined brief to file and serve a reply brief on cross-appeal. fn1[We defer ruling on the stipulation regarding the notices of appeal and cross-appeal filed on December 11, 2002, in Docket No. 39986, pending further order of this court.] Nos. 39986/40526. (03-04223) 03-04223
03/14/2003TranscriptFiled Transcript. Proceedings: 02/22/02, 02/25/02, 02/26/02, 02/27/02, 02/28/02, 03/04/02, 03/05/02, and 4/16/02. Court Reporter: Joan Marie Dotson and Judith Ann Schonlau. Nos. 39986/40526. 03-04355
03/21/2003MotionFiled Stipulation/Dismiss Appeal. Stipulation to Dismiss Appeal and Cross Appeals. Nos. 39986/40526 (03-04857). 03-04857
04/14/2003Order/ProceduralFiled Order. Partially Dismissing Appeals, Dismissing Cross-Appeal and Modifying Briefing Schedule. Joan C. Rivet, James F. Colfer and Oline Colfer, appellants in Docket No. 39986 and appellants/cross-respondents in Docket No. 40526, and Montreux Golf Club, Ltd., respondent in No. 39986 and respondent/cross-appellant in No. 40526, have filed a stipulation to dismiss their appeals against each other. We dismiss these consolidated appeals and cross-appeal as to Joan Rivet, James Colfer, Online Colfer and Montreux Golf Club Ltd., only. The clerk of this court shall remove Montreux Golf Club, Ltd., a Nevada Limited Liability Company, as respondent in Docket No. 39986 and as respondent/cross-appellant in Docket No. 40526. We vacate that portion of the March 13, 2003, order directing Montreux and Mr. Jaksick to comply with NRAP 9(a). Further, we modify the briefing schedule established in the March 13, 2003, order. Appellants shall have until June 23, 2003, to file and serve a single opening brief and appendix that addresses all issues in these consolidated appeals. Montreux and Mr. Jaksick shall have 30 days from service of appellants' opening brief and appendix to file an answering brief. Appellants shall have 30 days from service the answering brief to file and serve a reply brief, if deemed necessary. Nos. 39986/40526. 03-06236
06/19/2003MotionFiled Motion and Order Extending Time. Brief due: July 18, 2003. Nos. 39986/40526. 03-10289
07/16/2003BriefFiled Opening Brief. Nos. 39986/40526. 03-11998
07/16/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. Nos. 39986/40526. 03-11999
08/18/2003MotionFiled Stipulation and Order. Brief due: September 17, 2003. Nos. 39986/40526.(03-13693) 03-13693
09/19/2003BriefFiled Answering Brief. Nos. 39986/40526. 03-15717
09/23/2003Order/ProceduralFiled Order. Regarding Transcripts. To date court reporter Joan Dotson has not filed all the requested transcripts. We conclude that Ms. Dotson is not obligated to prepare and file transcripts for proceedings held on November 2, 2000, and November 8, 2000. Ms. Dotson shall have 20 days from the date of this order to prepare and file the remaining request transcripts for proceedings held on November 14, 2000, May 2, 2001, May 9, 2001, May 10, 2001, February 21, 2002, March 1, 2002, and April 11, 2002. If more time is needed, Ms. Dotson shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Dotson shall notify this court, in writing, of this fact. Nos. 39986/40526. (03-15868) 03-15868
09/26/2003TranscriptFiled Transcript. Proceedings: March 1, 2002 and April 11, 2002. Court Reporter: Joan Marie Dotson. Nos. 39986/40526. 03-16133
09/29/2003Letter/IncomingFiled Letter. from court reporter Joan Dotson regarding remaining requested transcripts. Nos. 39986/40526. 03-16258
10/14/2003BriefFiled Reply Brief. Nos. 39986/40526. 03-17006
10/15/2003Notice/IncomingFiled Proof of Service. to Reply Brief. Attached to inside back cover of original and copies of brief. Nos. 39986/40526. 03-17103
11/12/2003Order/ProceduralFiled Order. Re: Transcritps. In response to the order of September 23, 2003, court reporter Joan Dotson, on September 26, 2003, filed certified copies of the transcripts for proceedings conducted on March 1, 2002, and April 11, 2002. Further, on September 29, 2003, Ms. Dotson submitted a letter explaining that the transcripts requested for November 14, 2000; May 2, 2001; May 9, 2001; May 10, 2001; and February 21, 2002, cannot be produced because these dates were 'not on court calendar' and 'not reported.' fn1[The clerk shall file the letter received on September 29, 2003.] We conclude that Ms. Dotson has filed all transcripts requested of her. Accordingly, we vacate that portion of our September 23, 2003, order directing Ms. Dotson to file transcripts for proceedings conducted on November 14, 2000; May 2, 2001; May 9, 2001; May 10, 2001; and February 21, 2002. Nos. 39986/40526. (03-18839) 03-18839
11/12/2003Letter/IncomingFiled Letter. from court reporter Joan Dotson regarding remaining requested transcripts. Nos. 39986/40526. (0316258) 03-16258
02/26/2004Notice/OutgoingIssued Letter. to Washoe Co. Clerk requesting a certified copy of the judgment entered in this case on October 29, 2002. Nos. 39986/40526 04-03716
03/02/2004Order/IncomingReceived District Court Order. Received certified copy of district court Judgment filed October 29, 2002. (received via fax on 2/26/04) Nos. 39986/40526. 04-03717
03/22/2004Order/DispositionalFiled Order Dismissing Appeal. These are consolidated and briefed appeals in a tort action. Appellants concede in their amended docketing statement, filed in docket No. 39986, that the May 2002 judgment did not resolve the trespass and nuisance claims pleaded against defendant Montreux Golf Club, and that the judgment was not certified as final under NRCP 54(b). Consequently, this court lacks jurisdiction over the appeal from that judgment. Accordingly, ' . . . we dismiss the appeal in Docket No. 39986.' Although appellants' November 5, 2002 notice of appeal, filed in Docket No. 40526, purports to appeal from the October 2, 2002 order, we construe the notice of appeal as targeting the October 29 final judgment. Consequently, the appeal in Docket No. 40526 reaches all preceding interlocutory orders, including the May 22, 2002 partial judgment. This appeal shall, therefore, proceed as briefed. NNP04-NB/DA/MG Nos. 39986/40526 – cases are no longer consolidated. 04-05311
04/16/2004RemittiturIssued Remittitur. 04-06359
04/16/2004Case Status Update Remittitur Issued/Case Closed.
05/13/2004RemittiturFiled Remittitur. Received by County Clerk on April 20, 2004. 04-06359