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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 51538
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0800285Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/13/2008 at 11:00 AMOral Argument Location:Regional Justice Center
Submission Date:06/13/2008How Submitted:After Oral Argument

+ Party Information

Docket Entries
05/05/2008Filing Fee Filing Fee Waived.
05/05/2008Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/No Settlement. Notice of exemption from settlement conference program mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 08-11095
05/06/2008MotionFiled Motion. Motion for Order Expediting Appeal and Submitting Appeal Without Brief or Oral Argument. 08-11250
05/06/2008Order/ProceduralFiled Order. Setting Expedited Briefing Schedule and Setting Oral Argument. We conclude that expedited consideration of this appeal is warranted. Appellant: five days to file a transcript request form or a certificate indicating that no transcript is requested. Appellant's opening brief and appendix shall be filed and served no later than May 23, 2008. Respondent's answering brief shall be filed and served no later than June 13, 2008. Appellant's reply brief, if any, shall be filed and served no later than June 20, 2008. We direct the clerk of this court to schedule this matter for oral argument before the full court on Tuesday, July 1, 2008. For this appeal, service of documents shall be personal or by facsimile transmission. Fn3 [. . .All documents shall be filed personally or by facsimile transmission with the clerk in Carson City.] 08-11275
05/07/2008MotionFiled Motion. for Reconsideration of Procederal Order. 08-11374
05/12/2008Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: 3/28/08. To: Court Reporter: Joan Dotson. 08-11842
05/16/2008MotionFiled Response to Motion. Response to Motion for Order Expediting Appeal and Submitting Appeal without Briefs or Oral Argument; and Response to Motion for Reconsideration of Procedural Order. 08-12319
05/16/2008BriefFiled Opening Brief. 08-12320
05/16/2008AppendixFiled Appendix to Opening Brief. 08-12322
05/20/2008Docketing StatementFiled Docketing Statement. 08-12674
05/20/2008AppendixFiled Appendix. Supplement to Appendix to Appellant State of Nevada's Opening Brief. (Contains transcript of proceedings for 03/28/08). 08-12676
05/21/2008Order/ProceduralFiled Order. Granting in Part and Denying in Part Motions for Reconsideration and Granting Motion to Expedite. We have determined that the parties' briefs and oral argument may prove useful in resolving the appeall and we deny Montero's request to have this case decided without briefs or oral argument. We grant the motions to expedite the appeal further. Respondents shall have until May 30, 2008, to file and serve the answering brief. Appellant shall then have until June 6, 2008, to file and serve any reply brief. Additionally, we vacate the July 1 oral argument date and direct the clerk of this court to reschedule oral argument for Friday, June 13, 2008, at 11:00 a.m., before the en banc court, at the Regional Justice Center in Las Vegas. Argument shall be limited to 30 minutes. 08-12760
05/21/2008TranscriptFiled Notice from Court Reporter. Stephanie Koetting stating that the requested transcripts were delivered. Dates of transcripts: 3/28/08. 08-12793
05/22/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Las Vegas on June 13, 2008 at 11:00 a.m. (En Banc) 08-12847
05/28/2008Notice/OutgoingIssued Oral Argument Reminder Notice. 08-13367
05/30/2008BriefFiled Answering Brief. 08-13707
06/09/2008BriefFiled Reply Brief. 08-14465
06/10/2008Letter/IncomingFiled Letter. requesting to be pool camera in the courtroom on June 13, 2008 for case nos. 50895, 51539 and 51538. Submitted by KLAS TV 8 and Las Vegas One. 08-14616
06/10/2008Letter/IncomingFiled Letter. from David Kihara at the Las Vegas Review Journal requesting cameras in the courtroom. Nos. 50895/51509 cw 51564/51538/51539/51639/51735/51768/51798/51802.
06/10/2008Order/ProceduralFiled Order. . Permission is granted for photographic and electronic media coverage of the aforesaid matter, for news purposes and not for commerical exploitation. David Kihara of the Las Vegas Review- Journal is designated as still photography pool coordinator and Robert Martinez of KLAS - TV is designated as video and audio pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment necessary to allow for such photographic or electronic coverage of such proceedings shall be placed in the courtroom before 10:00 a.m. and on June 13, 2008. Nos. 50895/51509/51564/51538/51539/51639/51735/51768/51798/51802.
06/13/2008Case Status Update Submitted for Decision. Before the En Banc Court.
06/13/2008Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." EN BANC-MG/WM/JH/RP/MD/MC/NS 08-15192
07/11/2008RemittiturIssued Remittitur. 08-15419
07/11/2008Case Status Update Remittitur Issued/Case Closed.
07/17/2008RemittiturFiled Remittitur. Received by County Clerk on July 14, 2008. 08-15419
07/24/2008Opinion/Non-DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court EN BANC. Author: Per Curiam. Majority: Gibbons/Maupin/Hardesty/Parraguirre/Douglas/Cherry/Saitta. 124 Nev. Adv. Opn. No. 55. EN BANC. 08-19079
10/02/2008Notice/OutgoingIssued Letter. to Publishers re: corrections in recently filed opinions. Nos. 47790, 48469, 49289, 50328, 51538, 51768 c/w 51798, 51802, and 47397 c/w 47398/47399/47400/ 47401. 08-25429