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United States Court Cases

Nevada Supreme/Appellate Court Record

TRI-COUNTY EQUIPMENT VS. KLINKE

Case Information: 55121
Short Caption:TRI-COUNTY EQUIPMENT VS. KLINKECourt:Supreme Court
Lower Court Case(s):Carson City - First Judicial District - 08TRT000131B Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/31/2009 / Shipman, MadelynSP Status:Completed
Oral Argument:11/01/2011 at 11:30 AMOral Argument Location:Carson City
Submission Date:11/01/2011How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/22/2009Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) 09-31022
12/22/2009Filing Fee Filing Fee due. Filing fee will be fowarded by the District Court.
12/23/2009Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Burton, Bartlett & Glogovac - check no. 19894.
12/31/2009Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Laurie Yott 09-31622
01/05/2010Docketing StatementFiled Docketing Statement. Appellant's Docketing Statement Civil Appeals 10-00254
01/06/2010Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Madelyn Shipman 10-00312
01/27/2010Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled. 10-02260
03/10/2010Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 10-06306
03/12/2010Order/ProceduralFiled Order/Briefing Reinstated. Request for Transcripts due: 15 days. Opening Brief and Appendix due: 90 days. 10-06644
03/29/2010Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/16/09. To Court Reporter: Capitol Reporters. 10-08183
03/29/2010Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/5/09 through 10/9/09. To Court Reporter: Julietta Forbes. 10-08184
03/29/2010Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 5/13/09. To Court Reporter: Stacy Winn. 10-08185
03/30/2010Notice of Appeal DocumentsFiled District Court Docket Entries. 10-08234
04/05/2010Notice of Appeal DocumentsFiled District Court Docket Entries. Updated docket sheet. 10-08707
04/26/2010TranscriptFiled Notice from Court Reporter. Julietta Forbes stating that the requested transcripts were delivered. Dates of transcripts: October 5, 6, 7, and 9, 2009. 10-10685
04/27/2010Notice of Appeal DocumentsFiled District Court Docket Entries. Updated docket sheet. 10-10799
04/27/2010Notice of Appeal DocumentsFiled District Court Docket Entries. Updated. 10-10833
04/28/2010Notice of Appeal DocumentsFiled District Court Docket Entries. Updated Docket Sheet. 10-10895
05/13/2010Notice of Appeal DocumentsFiled District Court Docket Entries. 10-12429
05/14/2010Notice of Appeal DocumentsFiled District Court Docket Entries. 10-12573
06/03/2010BriefFiled Opening Brief. 10-14275
06/03/2010AppendixFiled Appendix to Opening Brief. Vols. 1 through 8. 10-14276
06/29/2010MotionFiled Stipulation and Order. Brief due: July 30, 2010. 10-16985
07/23/2010BriefFiled Answering Brief. 10-19047
08/19/2010MotionFiled Motion and Order Extending Time. Brief due: September 23, 2010. 10-21318
09/20/2010BriefFiled Reply Brief. 10-24097
09/20/2010AppendixFiled Appendix to Reply Brief. Appellant's Supplemental Appendix. 10-24098
09/21/2010BriefFiled Appellant's Supplement to Reply Brief. 10-24274
12/10/2010BriefFiled Appellant's Second Supplement to Reply Brief. 10-32233
01/24/2011Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before a panel of this court on the next available calendar. The argument shall be limited to 30 minutes. 11-02359
02/10/2011Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for March 16, 2011 at 10:30 a.m. for 30 minutes in Carson City before the Northern Nevada Panel. NNP11-MC/MG/KP 11-04352
03/03/2011Notice/OutgoingIssued Oral Argument Reminder Notice. 11-06626
03/16/2011Case Status UpdateOral argument held this day. Case submitted for decision to the Northern Nevada Panel. NNP11-MC/MG/KP
04/27/2011Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." PICKERING, J., dissenting. (VACATED PER ORDER FILED 9/12/11) 11-12418
05/10/2011Filing FeeE-Payment $150.00 from Gregory J. Livingston.
05/10/2011Post-Judgment PetitionFiled Petition for Rehearing. Appellant's Petition for Panel Rehearing Nevada Rule of Appellate Procedure Rule 40. 11-13768
05/10/2011MotionFiled Motion to Publish Decision. 11-13840
05/20/2011Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Pickering, J. dissenting. 11-14904
05/27/2011Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Petition for En Banc Rehearing - Nevada Rules of Appellate Procedure, Rule 40A. 11-15677
06/02/2011Order/ProceduralFiled Order Directing Answer to Petition for En Banc Reconsideration. Respondent's Answer due: 15 days. 11-16113
06/13/2011Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. 11-17554
08/18/2011Post-Judgment PetitionFiled Appellant's Request to Supplement Petition for En Banc Rehearing. 11-25174
08/18/2011Filing FeeE-Payment $150.00 from Gregory J. Livingston. (FILING FEE NOT REQUIRED--REFUNDED BY ACCOUNTING).
09/12/2011Post-Judgment OrderFiled Order Granting Petition for En Banc Reconsideration. This appeal is reinstated and the order of affirmance entered on April 27, 2011, is hereby vacated. The clerk of this court is directed to schedule this appeal for argument before the en banc court on the next available argument calendar. 11-27570
09/12/2011Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for November 1, 2011, at 11:30 a.m. for 30 minutes in Carson City before the En Banc Court. 11-27617
09/13/2011Order/ProceduralFiled Order instructing counsel to prepare to address specific issues during oral argument. 11-27805
10/18/2011Notice/OutgoingIssued Oral Argument Reminder Notice. 11-32161
10/21/2011MotionFiled Motion for Leave to File Amicus Curiae Brief in Support of Appellant (Livery Operators Association). 11-32645
10/25/2011Notice/IncomingFiled Notice of Appearance. (Michael K. Wall of Hutchison & Steffen as counsel for Nevada Capital Insurance Company). 11-32978
10/25/2011MotionFiled Motion for Leave to File Amicus Brief. (Attached is Nevada Capital Insurance Company's Amicus Brief) (DETACHED AMICUS BRIEF AND RETURNED UNFILED PER ORDER 12/9/11) 11-32979
11/01/2011Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
11/15/2011Order/ProceduralFiled Order Denying Motion for Publication. 11-35195
12/09/2011Order/ProceduralFiled Order Denying Motions for Leave to File Amicus Curiae Briefs. The clerk of this court shall return, unfiled, The Livery Operators' proposed amicus brief, which was provisionally recevied in this court on October 21, 2011, and Nevada Capital Insurance Company's proposed amicus brief, which is attached to its October 25, 2011, motion. 11-37792
06/28/2012Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court EN BANC. Author: Hardesty, J. Majority: Hardesty/Douglas/Saitta/Pickering/Parraguirre. Concurrence: Gibbons/Cherry. 128 Nev. Adv. Opn. No. 33 EN BANC 12-20318
07/23/2012RemittiturIssued Remittitur. 12-23137
07/23/2012Case Status UpdateRemittitur Issued/Case Closed
07/26/2012RemittiturFiled Remittitur. Received by County Clerk on July 24, 2012. 12-23137
07/27/2012Notice of Appeal DocumentsFiled District Court Updated Docket Entries. 12-23794