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United States Court Cases

Nevada Supreme/Appellate Court Record

HARRIS VS. ASAYAMA

Case Information: 51388
Short Caption:HARRIS VS. ASAYAMACourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A532364Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:04/11/2008 / Richitt, E.SP Status:Completed
Oral Argument:04/05/2010 at 1:30 PMOral Argument Location:Regional Justice Center
Submission Date:04/05/2010How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/07/2008Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Bruce L. Gale check no. 2493.
04/07/2008Notice 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).) 08-08648
04/08/2008Notice/OutgoingIssued Notice of Justice Disqualification. Justice Maupin. (Kravitz, Schnitzer, Sloane, Johnson & Eberhardy, Chtd.) 08-08715
04/08/2008OtherDisqualification of Justice Maupin. (Kravitz, Schnitzer, Sloane, Johnson & Eberhardy, Chtd.)
04/11/2008Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: E. Paul Richitt Jr. 08-09066
05/13/2008Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 6/19/08. 08-11870
05/13/2008Notice/OutgoingIssued Notice to File Docketing Statement. 08-12040
05/29/2008Docketing StatementFiled Docketing Statement. 08-13584
05/29/2008Notice/OutgoingIssued Notice to Provide Proof of Service on Settlement Judge. Docketing Statement. 08-13585
06/03/2008Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. 08-13919
06/03/2008Filing Fee Returned Filing Fee. Check No. 2531 returned to Bruce L. Gale. Filing fee previously paid.
06/11/2008Notice/IncomingFiled Proof of Service. Docketing Statement on Settlement Judge. 08-14847
06/19/2008Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 7/11/08. 08-15734
07/23/2008Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. 08-18975
07/25/2008Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. Appellant: 15 days to request transcripts; 90 days to file and serve opening brief and appendix. 08-19301
08/27/2008Notice/OutgoingIssued Notice to Request Transcripts. 08-22047
09/10/2008Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/28/08, 2/11/08. To Court Reporter: Kerry Esparza. 08-23362
10/27/2008MotionFiled Motion to Extend Time. Appellant's Motion for Enlargement or Extension of Time Regarding this Court's July 25, 2008 Order (First Request). 08-27499
11/12/2008MotionFiled Response to Motion. Respondent Miyoko Asayama's Opposition to Appellant's Motion for Enlargement or Extension of Time Regarding this Court's July 25, 2008 Order. 08-28791
11/20/2008Order/ProceduralFiled Order. Granting Motion and Regarding Transcripts. Opening Brief due 12/22/08. To date, Ms. Esparza has not filed the required certificate. Certificate due 30 days. Fn2 [. . .A copy of the transcript request form is attached to this order.] 08-29723
11/26/2008TranscriptFiled Notice from Court Reporter. Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts: 1/28/08, 2/11/08. 08-30213
12/03/2008TranscriptFiled Notice from Court Reporter. Amended Certificate of Service from Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts: 1/28/08 and 2/11/08. 08-30762
12/04/2008MotionFiled Motion. Respondent Miyoko Asayama's Motion for Reconsideration or Modification of the Court's November 20, 2008 Order Pursuant to NRAP 27(b) or in the Alternative Motion to Dismiss the Appeal Pursuant to NRAP 9(a)(3). 08-30904
12/17/2008MotionFiled Response to Motion. Appellant's Opposition to Respondent Miyoko Asayama's Motion for Reconsideration or Modification of the Court's November 20, 2008 Order Pursuant to NRAP 27(b), or in the Alternative Motion to Dismiss the Appeal Pursuant to NRAP 9(a)(3). 08-31954
12/17/2008Notice/IncomingFiled Errata. Appellant's Errata to Appellant's Opposition to Respondent Miyoko Asayama's Motion for Reconsideration or Modification of the Court's November 20, 2008 Order Pursuant to NRAP 27(b), or in the Alternative Motion to Dismiss the Appeal Pursuant to NRAP 9(a)(3). 08-31955
12/24/2008MotionFiled Motion to Extend Time. Appellant's Motion for Enlargement or Extension of Time Regarding this Court's November 20, 2008 Order Granting Motion and Regarding Transcripts (First Request.) 08-32683
01/23/2009Order/ProceduralFiled Order. Denying Motion for Reconsideration and Granting Motion. The motion for reconsideration is denied. Respondent's motion for sanctions and/or to dismiss this appeal is denied. The clerk shall file the appendix to the opening brief received on December 26, 2008. Opening brief due 30 days. 09-01921
01/23/2009AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. - PER ORDER FILED 9/28/09 - The clerk of this court is directed to strike pages 262 through 292 and 328 through 332 of appellant's appendix. 08-32767
01/23/2009BriefFiled Opening Brief. PER ORDER OF 9/28/09 - The clerk of this court shall strike the following material from appellant's opening brief: Argument Section II, page 22, line 17 to page 26, line 23 and Section IV, page 27, line 26 to page 31, line 15. 09-01951
03/05/2009Notice/OutgoingIssued Notice to File Answering Brief. Respondent Asayama 09-05725
03/26/2009AppendixReceived Appendix. Appendix to Answering Brief. Vols. 1 and 2. FILED PER ORDER OF 4/20/09. 09-07633
03/27/2009BriefReceived Answering Brief. FILED PER ORDER OF 4/20/09. 09-07729
03/31/2009MotionFiled Motion to Extend Time. of respondent, Miyoko Asayama. 09-08028
04/01/2009MotionFiled Motion to Strike. Respondent, Miyoko Asayama's Motion to Strike Appellant, Linda Harris' Opening Brief. 09-08159
04/13/2009MotionFiled Response to Motion. Appellant Linda Marie Harris' Opposition to Respondent Miyoko Asayama's Motion to Extend Time for Filing Opening Brief of Respondent Miyoko Asayama, and Appellant Linda Marie Harris' Motion for Confession of Error and Appropriate Disposition ot Appellant Linda Marie Harris' Appeal Pursuant to NRAP 31(c). 09-09136
04/13/2009MotionFiled Motion to Extend Time. Appellant Linda Marie Harris' Motion for Enlargement or Extension of Time Regarding Appellant Linda Marie Harris' Opposition to Respondent Miyoko Asayama's Motion to Strike Appellant Linda Marie Harris' Opening Brief (First Request). 09-09139
04/16/2009MotionFiled Motion to Extend Time. Appellant Linda Marie Harris' Motion for Englargement or Extension of Time Regarding Appellant Linda Marie Harris' Opposition to Respondent Miyoko Asayama's Motion to Extend Time for Filing Opening Brief of Respondent Miyoko Asayama. (First Request) 09-09528
04/20/2009Order/ProceduralFiled Order. to Show Cause and Granting Motions to Extend Time. Appellant: 20 days to show cause. Respondent may file any reply within 10 from the date that appellant's response is served. The briefing schedule in this appeal shall be suspended pending further order of this court. We grant appellant's April 13 and 16, 2009, motions to extend time to file her opposition to respondent's motion. Having considered appellant's opposition, we nevertheless grant respondent's March 31, 2009, motion to extend the time for the filing of her answering brief and appendices, and we deny appellant's April 13, 2009, motion for confession of error. The clerk of this court shall file respondent's answering brief and appendices, which were provisionally received on March 26 and 27, 2009. Finally, we defer ruling on respondent's April 1, 2009, motion to strike portions of appellant's opening brief. 09-09783
04/20/2009AppendixFiled Appendix to Answering Brief. Vols. 1 and 2. 09-07633
04/20/2009BriefFiled Answering Brief. 09-07729
04/23/2009MotionFiled Motion. Opposition to Appellant Harris' Motions for Extensions of Time Filed on April 4 and 14, 2009 and Opposition to Appellant Harris' Motion for Confession of Error and Disposition of Harris' Appeal Pursuant to NRAP 31 (c) and Countermotion for Sanctions. 09-10112
05/13/2009MotionFiled Response to Order to Show Cause. Appellant Linda Marie Harris' Brief in Response to This Court's Order to Show Cause and Granting Motions to Extend Time Filed on Monday, April 20, 2009. 09-11814
07/16/2009MotionFiled Motion to Extend Time. Motion to Extend Time for Filing Respondent, Miyoko Asayama's Reply to Appellant's Response to Order to Show Cause. 09-17445
08/10/2009Notice/IncomingFiled Notice of Change of Address. (Jane Eberhardy) 09-19424
09/11/2009Notice/IncomingFiled Notice. - Copy of Substitution of Attorneys filed in district court. 09-22087
09/28/2009Order/ProceduralFiled Order. Dismissing Appeal in Part and Granting in Part Motion to Strike. We hereby dismiss this appeal to the extent that it challenges the district court's April 18, 2008, order denying reconsideration and NRCP 60 (b) relief. We grant respondent's motion to strike, in part. The clerk of this court shall strike the following material from appellant's opening brief: Argument Section II, page 22, line 17 to page 26, line 23 and Section IV, page 27, line 26 to page 31, line 15. Additionally, the clerk of this court is directed to strike pages 262 through 292 and 328 through 332 of appellant's appendix. As to respondent's request that the opening brief be stricken for failure to comply with NRAP 28, that request is denied. Fn1 [On July 16, 2009, respondent filed a motion to extend the time for filing her reply to appellant's response to our April 20 order to show cause, contending that she never received a copy of the response and other documents from appellant. We grant respondent's motion and direct the clerk of this court to file respondent's reply that was provisionally received on July 16, 2009.] Fn2 [. . . We further deny respondent's countermotion for sanctions contained in this April 23 filing, which sought sanctions against appellant for filing the motions for extensions of time and the motion for confession of error.] Fn3 [Because the Law Offices of Arthur W. Tuverson are already listed as respondent's counsel of record on appeal, we conclude that no action need be taken on the September 11, 2009, notice of substitution of counsel submitted by respondent.] 09-23598
09/28/2009MotionFiled Reply to Response to Order to Show Cause. Respondent Asayama's Reply to Appellant Harris' Response to this Court's Order to Show Cause and Countermotions for Confession of Errors as to Asayama's April 1, 2009 Motion to Strike and April 23, 2009 Countermotion for Sanctions. 09-17447
11/02/2009BriefFiled Reply Brief. 09-26748
01/07/2010Order/ProceduralFiled Order/Submit on Briefs. Oral argument will not be scheduled in this appeal, and it shall stand submitted on the recored and the briefs filed herein, as of the date of this order. 10-00476
01/07/2010Case Status Update Submitted for Decision.
03/01/2010Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Las Vegas on April 5, 2010 at 1:30 p.m. (En Banc) 10-05342
03/24/2010Notice/OutgoingIssued Oral Argument Reminder Notice. 10-07730
04/05/2010Case Status Update Submitted for Decision. Before the En Banc Court.
12/16/2010Order/DispositionalOrder of Affirmance. Because Harris's only appellate argument is raised for the first time on appeal, we will not conisder it, "we necessarily affirm the district court's dismissal of her case." Cherry, J., dissenting. 10-32882
12/30/2010MotionFiled Respondent's Miyoko Asayama's Verified Memorandum of Costs Pursuant to NRAP 39. 10-34188
01/05/2011Post-Judgment PetitionFiled Petition for Rehearing. Appellant. 11-00464
01/05/2011Filing FeeRehearing Fee Paid. $150.00 from Bruce L. Gale - check no. 3105.
02/23/2011Post-Judgment OrderFiled Order Denying Rehearing. "ORDER the Petition DENIED." fn1[We defer ruling on respondent's requests for costs.] 11-05658
03/21/2011RemittiturIssued Remittitur. 11-08591
03/21/2011Case Status UpdateRemittitur Issued/Case Closed.
04/05/2011RemittiturFiled Remittitur. Received by District Court Clerk on March 28, 2011. 11-08591
10/06/2014Order/ProceduralFiled Order. Costs are hereby taxed against appellant. Respondent is awarded costs in the amount of $376.11. The district court clerk is directed to add the statement of costs to the remitittur. 14-33069