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United States Court Cases

Nevada Supreme/Appellate Court Record

BALDWIN VS. FAR WEST CAPITAL, INC.

Case Information: 39985
Short Caption:BALDWIN VS. FAR WEST CAPITAL, INC.Court:Supreme Court
Related Case(s): 44305
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0002018Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/06/2002 / Weise, CathySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/30/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from SPM Law, LLP--check no. 1603.
07/30/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (James B. Combs). Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 02-13036
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.)
08/13/2002Docketing StatementFiled Docketing Statement. 02-13839
08/13/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Paul V. Smith--check no. 1112.
08/13/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. (Ronald P. Baldwin). (Docketing statement mailed to counsel for appellant.) 02-13852
08/14/2002MotionFiled Motion. Request for Correction of Clerical Mistake. 02-13919
08/15/2002Notice/Outgoing Letter. Cathy Valenta Weise. (Docketing statement)
08/16/2002Notice/Outgoing Letter. Cathy Valenta Weise. ((1) Notice of Appeal - Ronald P. Baldwin and (2) Request for Correction of Clerical Mistake)
09/23/2002MotionFiled Motion. Respondents' Motion for Expedited Correction of Clerical Mistake. 02-16454
10/09/2002MotionFiled Motion to Extend Time. 02-17451
10/14/2002Order/ProceduralFiled Order Granting Motion. On September 30, 2002, appellant Baldwin submitted a docketing statement that was untimely and not accompanied by proof of service. On October 9, 2002, appellant Baldwin filed a motion for an extension of time to file the docieting statement and submitted a new docketing statement with the certificate of service attached. Cause appearing, we grant Baldwin's motion. The clerk of this court shall file the docketing statement received on October 9, 2002, and return, unfiled, the docketing statement received on September 30, 2002. 02-17658
10/14/2002Other Returned Unfiled Document. (Per 10/14/02 order, returned docketing statement received on 9/30/02, and filed docketing statement received on 10/9/02.) 02-16858
10/14/2002Docketing StatementFiled Docketing Statement. Appellant Ronald P. Baldwin. 02-17452
10/14/2002Notice/Outgoing Letter. Cathy Valenta Weise. (Docketing statement of Ronald P. Baldwin)
10/24/2002Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: December 2, 2002 with respect to James B. Combs only. 02-18437
10/24/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. (Ronald P. Baldwin only) 02-18438
11/15/2002Notice/IncomingFiled Notice. Notice of Firm Name Change. SPM Law, LLP is now Senn Palumbo Meulemans, LLP. 02-19711
11/22/2002Notice/Outgoing Letter. Cathy Valenta Weise. (Notice of Firm Change)
12/02/2002MotionFiled Stipulation/Dismiss Appeal. Stipulation to Dismiss Appeal, Vacate Judgment, and Dismiss Complaint. 02-20601
12/10/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. (Appellant James B. Combs only) 02-21084
01/02/2003Order/ProceduralFiled Order. We defer ruling on the stipulation filed December 2, 2002. Appellant Combs shall have 60 days from the date of this order to file in this court a copy of an order of the district court certifying that it is inclined to grant the parties requested relief. If appellant is unable to obtain Huneycutt certification, he shall so inform this court in writing within the same time period. 03-00077
01/28/2003Order/IncomingFiled District Court Order. District Court Certification in Support of Stipulation to Dismiss Appeal, Vacate Judgment, and Dismiss Complaint. Copy of order filed in district court on January 27, 2003. 03-01452
02/19/2003Order/ProceduralFiled Order/Stipulation Approved. Order Partially Dismissing Appeal. On December 2, 2002, appellant James B. Combs and respondents stipulated to dismiss this appeal. On January 28, 2003, appellant Combs and respondents filed an order of the district court certifying that upon remand it is inclined to grant the parties' requested relief. Cause appearing, we approve the parties' stipulation. 'We remand appellant James B. Combs' appeal to the district court pursuant to its certification, and we dismiss this appeal as to appellant James B. Combs, only.' The clerk of this court shall remove James B. Combs as appellant from the caption on this court's docket. Appellant Combs and respondents shall bear their own costs and attorney fees. NRAP 42(b). 03-02784
03/20/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. This is an appeal from a default judgment filed on July 10, 2002. On August 14, 2002, respondents filed a motion requesting this court to correct a clerical mistake in the default judgment. We conclude that the district court is in a better position to determine whether the default judgment contains a clerical mistake. We remand this appeal for the limited purpose of allowing respondents to pursue their motion to correct a clerical mistake in the district court. Respondents shall transmit to this court a copy of any corrected default judgment within 15 days from its filing. We deny respondents August 14, 2002, motion to correct clerical mistake and September 23, 2002, motion to expedite. 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). 03-04802
04/25/2003Transcript RequestFiled Certificate of No Transcript Request. Appellant Ronald P. Baldwin's Notice of Non-Ordering of Transcripts. 03-07041
06/18/2003Order/IncomingFiled District Court Order. Certified copy of order filed in district court on June 11, 2003. 03-10193
07/22/2003MotionFiled Stipulation and Order. Brief due: August 15, 2003. 03-12363
08/15/2003BriefFiled Opening Brief. 03-13624
08/15/2003AppendixFiled Appendix to Opening Brief. 03-13625
09/09/2003MotionFiled Stipulation and Order. Brief due: October 15, 2003. 03-15105
09/16/2003Order/ProceduralFiled Order/Show Cause. Response due from appellant: 45 days from the date of this order. If the district court has not entered orders formally resolving all the claims pleaded in this case, we note that appellant may be able to cure the perceived jurisdictional defect by obtaining a second amended default judgment, which expressly resolves all claims against all parties, and then timely filing an emended notice of appeal. The briefing schedule in this appeal is suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. 03-15463
10/30/2003Letter/IncomingFiled Letter. from attorney Nicholas Frey enclosing copy of a Notice of Entry of Judgment filed October 30, 2003, and Second Amended Default Judgment filed October 29, 2003. 03-18182
11/03/2003MotionFiled Response to Order to Show Cause. Appellant Ronald P. Baldwin's Response to Order to Show Cause, filed September 16, 2003. 03-18277
12/04/2003Order/DispositionalFiled Order Dismissing Appeal. We conclude that the June 11, 2003 amended default judgment is not a final, appealable determination, as it fails to resolve the rights and liabilities of all the parties. "We dismiss this appeal." fn6[We note that appellant may be able to appeal from any final judgment entered in this case that resolves the rights and liabilities of all parties. Whether the "Second Amended Default Judgment" is a final, appealable determination is unclear.] SNP04-DA/RR/WM 03-20127
12/30/2003RemittiturIssued Remittitur. 03-20254
12/30/2003Case Status Update Remittitur Issued/Case Closed.
01/08/2004RemittiturFiled Remittitur. Received by County Clerk on January 5, 2004. 03-20254