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United States Court Cases

Nevada Supreme/Appellate Court Record

DOBIEZ VS. WRIGHT C/W 39741

Case Information: 39973
Short Caption:DOBIEZ VS. WRIGHT C/W 39741Court:Supreme Court
Consolidated: 39741 *, 39973Related Case(s): 39741
Lower Court Case(s):Clark Co. - Eighth Judicial District - A405747Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Justice Agosti for Justice MaupinPanel Assigned: Panel
To SP/Judge:08/01/2002 / Robinson, DavidSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:12/08/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/26/2002OtherDisqualification of Justice Maupin. Law firm of Kravitz Schnitzer & Sloane, Chtd.
07/26/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kravitz Schnitzer & Sloane, Chtd.--check no. 047494.
07/26/2002Notice 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.) 02-12872
08/01/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: David K. Robinson. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/07/2002Docketing StatementFiled Docketing Statement. 02-13465
08/08/2002Notice/Outgoing Letter. David K. Robinson. (Docketing statement)
08/08/2002Settlement Program Motion/StipulationFiled Settlement Program/Stipulated Dismissal. Recommendation for Removal. 02-13542
08/12/2002Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcript of Proceedings Reflecting Correct Docketing Number. Transcripts requested: June 3, 2002. To Court Reporter: Kristine Moore. 02-13781
08/29/2002Order/ProceduralFiled Order/Briefing Reinstated. We consolidate these appeals for all appellate purposes. In Docket No. 39741the parties were unable to agree to a settlement. Pursuant to the written request of the settlement judge, Docket No. 39973 is removed from the settlement conference program. We reinstate the time deadlines for preparing transcripts and filing briefs. Court reporter Kristine Moore: 30 days from the date of this order to prepare and file the transcript pursuant to appellants Dobiez and Zemlo transcript request filed on August 12, 2002, in Docket No. 39973. fn1[We note that on August 8, 2002, Dobiez and Zemlo filed a request for transcripts inn the wrong case, Docket No. 39741. On August 12, 2002, they filed an amended request for transcripts in Docket No. 39973. We direct the clerk of this court to strike the August 8, 2002 request for transcripts filed in docket No.39741.] Appellant Wright shall have 10 days from the date of this order to file and serve a supplemental transcript request form requesting preparation of the entire trial transcript and to pay any additional deposit required and the request shall request at least two copies of the transcripts. Appellant Wright: 120 days to file and serve opening brief and appendix in Docket No. 39741. Dobiez and Zemlo shall have 30 days thereafter to file a combined answering brief in Docket No. 39741 and opening brief in Docket No. 39973. Wright shall have 30 days thereafter to file a combined repy brief in docket No. 39741 and answering brief in docket No. 39973. Dobiez and Zemlo shall have 30 days thereafter to file a reply brief in Docket No. 39973. Nos. 39741/39973. (02-14956)
09/05/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 4/23/02 - 5/3/02. To Court Reporter: Kristine Moore. Nos. 39741/39973 [02-15285]
09/05/2002Notice/OutgoingIssued Notice to Provide Proof of Service. (Fax service not sufficient.) Due date: 10 days. Nos. 39741/39973
09/10/2002Notice/IncomingReceived Proof of Service. (Supplemental Request for Transcript of Proceedings) Nos. 39741/39973 (02-15615).
10/31/2002Letter/IncomingFiled Letter. from Curtis R. Rawlings addressed to Court Reporter Kristine Moore regarding past due transcripts. Nos. 39741/39973 (02-18749).
11/07/2002Order/Procedural Order. To date, Court reporter Kristine Moore has not filed the requested transcripts. Ms. Moore shall have 20 days from the date of this order to prepare and file the requested transcripts for proceedings conducted on April 23-24, 2002, April 30, 2002, and May 1-3, 2002. If more time is needed to complete the preparation of the transcripts, Ms. Moore shall, within the same time period, file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court, in writing, of this fact. Nos. 39741/39973. (02-19193)
12/12/2002MotionFiled Motion to Extend Time. 60 days requested. Nos. 39741/39973 [02-21240]
02/13/2003Order/ProceduralFiled Order. As of the date of this order, court reporter Kristine Moore has not filed the requested transcripts or communicated with this court in any manner. We once again direct Ms. Moore to prepare and file the requested transcripts within 20 days from the date of this order to show cause why she should not be sanctioned. We grant the motion filed on December 12, 2002. Ms. Wright shall file and serve the opening brief and appendix for her appeal in Docket No. 39741 within 60 days from the date of this order. Briefing in these consolidated appeals shall follow the schedule set forth in this court's August 29, 2002, "Order Reinstating Briefing." Nos. 39741/39973. (03-02543)
02/21/2003TranscriptFiled Transcript. Proceedings: 04/23/02; 04/24/02; 04/30/02; 05/01/02; 05/02/02; and 05/03/02. Court Reporter: Kris Moore. Nos. 39741/39973 (03-02919).
04/15/2003BriefFiled Opening Brief. Nos. 39741/39973 (03-06401).
04/15/2003AppendixFiled Appendix to Opening Brief. Nos. 39741/39973 (03-06402).
04/18/2003Notice/IncomingFiled Notice. Notice of Change of Firm Name. Wells & Herr is now Kirby R. Wells & Associates. Nos. 39741/39973 [03-06667]
05/12/2003MotionFiled Stipulation and Order. Brief due: June 16, 2003. Nos. 39741/39973 [03-08005]
06/19/2003BriefFiled Answering Brief. Respondents' Combined Answering Brief/Opening Brief. Nos. 39741/39973 (03-10235).
06/19/2003AppendixFiled Appendix to Answering Brief. Nos. 39741/39973 (03-10237).
06/20/2003Notice/IncomingFiled Proof of Service. Receipt of Copy of Respondents' Combined Answering Brief/Opening Brief. Nos. 39741/39973 (03-10302). (Attached to insided back cover of original and copies of brief.)
07/21/2003BriefFiled Reply Brief. Appellant's Combined Reply/Answering Brief. Nos. 39741/39973 (03-12228).
08/21/2003BriefFiled Reply Brief on Cross-Appeal. Respondents/Cross-Appellant's Reply Brief in Docket No. 39973. Nos. 39741/39973. 03-14089
08/21/2003BriefFiled Reply Brief on Cross-Appeal. Respondents/Cross-Appellant's Reply Brief in Docket No. 39973. Nos. 39741/39973. 11-26292
12/08/2003Case Status Update Submitted for Decision. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and these appeals shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). Nos. 39741/39973. (03-20337)
12/08/2003Case Status Update Submitted for Decision. To the Southern Nevada Panel. Nos. 39741/39973. SNP04-DA/RR/ML
02/11/2004Order/DispositionalFiled Dispositional Order/Appeal. Order Vacating Judgment and Remanding. "ORDER both the judgment of the district court and the order retaxing costs and attorney fees VACATED AND REMAND this matter to the district court for a new trial." fn11[This matter was submitted for decision to a panel of this court comprise of Justices Deborah A. Agosti, Robert E. Rose and Myron E. Leavitt. The honorable Myron E. Leavitt, Justice, having died in office on January 9, 2004, this matter was decided by a two-justice panel.] SNP04-DA/RR. Nos. 39741/39973. 04-02652
03/09/2004RemittiturIssued Remittitur. 04-02679
03/09/2004Case Status Update Remittitur Issued/Case Closed.
03/29/2004RemittiturFiled Remittitur. Received by County Clerk on March 11, 2004. 04-02679