| Case Information: 39974 | |||
| Short Caption: | MCINNIS VS. MERRILL LYNCH C/W 39625 | Court: | Supreme Court |
| Consolidated: | 39625 *, 39974 | Related Case(s): | 36911 , 36912 , 39625 |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A419819 Clark Co. - Eighth Judicial District - A419820 | Classification: | Civil Appeal - General - Other |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | 08/06/2002 / Kaufman, Jerry | SP Status: | Completed |
| Oral Argument: | 10/13/2003 at 2:30 PM | Oral Argument Location: | Carson City |
| Submission Date: | 10/13/2003 | How Submitted: | After Oral Argument |
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | Chris McInnis | Albert D. Massi (Albert D. Massi, Ltd.) |
| Appellant | Larry Marina | Albert D. Massi (Albert D. Massi, Ltd.) |
| Respondent | Merrill Lynch Pierce Fenner & Smith, Inc. | Thomas W. Davis, II (Haney, Woloson & Mullins) Michael J. Fortunato (Ruben & Associates P.C.) Wade B. Gochnour (Haney, Woloson & Mullins) Alison Fiala Mullen (Ruben & Associates P.C.) Stefanie R. Shields (Haney, Woloson & Mullins) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 07/26/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Albert D. Massi, Ltd.--check no. 41583. | ||
| 07/26/2002 | Notice of Appeal Documents | Filed 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.) | 02-12874 | |
| 08/01/2002 | Docketing Statement | Filed Docketing Statement. | 02-13203 | |
| 08/06/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Jerry J. Kaufman. (Briefing and preparation of transcripts suspended pending further order of this court.) | ||
| 08/09/2002 | Docketing Statement | Filed Response to Docketing Statement. | 02-13655 | |
| 08/13/2002 | Notice/Outgoing | Letter. Jerry J. Kaufman. (Response to Docketing Statement) | ||
| 08/15/2002 | Transcript | Filed Transcript. Proceedings: July 10, 2002. Court Reporter: Cathy Nelson. | 02-13953 | |
| 08/16/2002 | Other | Other. Received Reply to Response to the Civil Appeals Docketing Statement of Christopher McInnis and Larry Marina. | 02-14059 | |
| 09/09/2002 | Motion | Filed Motion to Consolidate. Nos. 39625 and 39974 | 02-15514 | |
| 10/23/2002 | Order/Procedural | Filed Order. Appellants shall have 10 days from the date of this order to file a motion for leave to file the reply submitted on August 16, 2002. Failure to comply timely with this order will result in the reply being returned, unfiled, to appellants. fn1[We defer ruling on the September 9, 2002, motion to consolidate pending further order of this court.] | 02-18386 | |
| 10/28/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | 02-18524 | |
| 11/07/2002 | Motion | Filed Motion. Motion to File Reply to Response to the Civil Appeals Docketing Statement of Christopher McInnis and Larry Marina. | 02-19197 | |
| 11/18/2002 | Order/Procedural | Filed Order/Briefing Reinstated. Consolidating Appeals and Reinstating Briefing. The parties were unable to agree to a settlement in these appeals. We reinstate the time deadlines for requesting transcripts and filing briefs. We grant the unopposed motion to consolidate these appeals. These appeals shall be consolidated for all appellate purposes. Appellant: 15 days to comply with NRAP 9(a). In the event appellants intend to cite to transcripts in addition to those filed by court reporter Nelson (in Docket No. 39625, a certified copy of transcript for proceedings conducted on April 15,2002 and in Docket No. 39974, a certified copy of transcript for proceedings conducted on July 10, 2002) appellants shall, within 15 days from the date of this order, file a transcript request; 120 days to file and serve a single opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). On November 7, 2002, appellants filed a motion to file a reply to respondent's response to appellants' docketing statement. We grant the motion. The clerk of this court shall file the reply received on August 16, 2002, in Docket No. 29974. Nos. 39625/39974. (02-19758) | ||
| 11/18/2002 | Other | Other. Filed Reply to Response to the Civil Appeals Docketing Statement of Christopher McInnis and Larry Marina. | 02-14059 | |
| 11/27/2002 | Transcript Request | Filed Certificate of No Transcript Request. Nos. 39625/39974 (02-20435) | ||
| 03/13/2003 | Brief | Filed Opening Brief. Mailed on: Fed Ex 03/12/03. Nos. 39625/39974 (03-04226). | ||
| 03/13/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 3. Nos. 39625/39974 (03-04227). | ||
| 04/15/2003 | Brief | Filed Answering Brief. Nos. 39625/39974 (03-06397). | ||
| 04/15/2003 | Appendix | Filed Appendix to Answering Brief. Vols. 1 and 2. Nos. 39625/39974 (03-06399). | ||
| 05/09/2003 | Brief | Filed Reply Brief. Nos. 39625/39974 (03-07940). | ||
| 08/26/2003 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 13, 2003, at 2:30 p.m. (NNP04S-NB/MS/MG) (Nos. 39625/39974) | ||
| 09/08/2003 | Motion | Filed Motion. Motion to Re-Set the Date and Location of Hearing. Nos. 39625/39974. (03-15011) | ||
| 09/16/2003 | Order/Procedural | Filed Order Denying Motion. to reset the date and location of the oral argument scheduled in these matters. These consolidated matters shall remain scheduled for oral argument before the Northern Nevada Panel on October 13, 2003, at 2:30 p.m. in Carson City. Argument shall be limited to 30 minutes. Nos. 39625/39974. (03-15458) | ||
| 09/17/2003 | Letter/Incoming | Filed Letter. from attorney Albert Massi enclosing a corrected page 3 of motion filed 9/8/03 (signature is notarized). [03-15513] | ||
| 09/29/2003 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (Nos. 39625/39974) | ||
| 10/02/2003 | Motion | Filed Motion. Motion to Associate Counsel for Oral Argument on October 13, 2003, and any further Proceedings. Nos. 39625/39974 (03-16380). | ||
| 10/10/2003 | Order/Procedural | Filed Order Granting Motion. to Associate Counsel. Mr. Fortunato shall be permitted to appear on behalf of respondent in this appeal. Nevada attorney Wade B. Gochnour, of the law firm of Haney, Woloson & Mullins, shall be responsible for all matters presented by Mr. Fortunato in this matter. Nos. 39625/39974 [03-16879] | ||
| 10/13/2003 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP04S-NB/MS/MG. Nos. 39625/39974 | ||
| 10/20/2003 | Transcript | Filed Transcript. Proceedings: July 29, 2003 and August 26, 2003.Court Reporter: Lee M. Bahr. Nos. 39625/39974 (03-17422). | ||
| 12/08/2003 | Order/Dispositional | Filed Order of Affirmance. This is a consolidated appeal from district court orders confirming an arbitration award and awarding attorney fees and costs. "ORDER the judgment and order of the district court AFFIRMED." Becker, J. and Shearing, J. Gibbons, J., dissenting. NNP04S-NB/MS/MG. Nos. 39625/39974. | 03-20350 | |
| 01/02/2004 | Remittitur | Issued Remittitur. | 04-00006 | |
| 01/02/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/21/2004 | Remittitur | Filed Remittitur. Received by County Clerk on January 5, 2004. | 04-00006 | |