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United States Court Cases

Nevada Supreme/Appellate Court Record

A.M.N. MECHANICAL VS. PERINI BLDG. CO.

Case Information: 51426
Short Caption:A.M.N. MECHANICAL VS. PERINI BLDG. CO.Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A533177Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:04/18/2008 / Kaufman, JerrySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:10/20/2009How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/14/2008Filing Fee Filing Fee due.
04/14/2008Notice 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).) 08-09237
04/14/2008Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days 08-09240
04/14/2008Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days 08-09245
04/18/2008Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Jerry J. Kaufman. 08-09763
05/07/2008Settlement Program ReportFiled ECAR/Appropriate for Settlement Program. This case is appropriate for mediation and a settlement conference is scheduled for 6/19/08. 08-11353
07/02/2008Order/ProceduralFiled Order. appellant shall, within 15 days from the date of this order, pay the sum of $500.00 to the Supreme Court Law Library and provide this court with proof of such payment. However, this sanction shall be automatically vacated if appellant files the case appeal statement and pays the filing fee or, alternatively, a motion to extend time, within 10 days from the date of this order. Appellant shall, within 15 days from the date of this order, file and serve the docketing statement. We caution appellant's counsel that failure to comply timely with this order may result in the dismissal of this appeal as abandoned 08-16884
07/25/2008Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: 8/8/08. appellant and their attorney failed to show on 6/19/08. 08-19241
08/05/2008Order/ProceduralFiled Order. To date, appellant has not paid the filing fee or filed the case appeal statement, docketing statement, or a motion for extension of time, nor provided this court with proof of payment of the sanction. Accordingly, the conditional sanction imposed in our July 2, 2008, order remains in effect. Appellant: 15 days to pay the $250.00 filing fee to the clerk of this court, file and serve the case appeal statement and docketing statement, and provide the court with proof of payment of the $500.00 sanction. Failure to comply with this order may result in additional sanctions, including but not limited to, the referral of appellant's counsel to the State Bar of Nevada for investigation, and/or the dismissal of this appeal as abandoned. 08-20300
08/18/2008Settlement Program ReportFiled Interim Settlement Program Report. Parties to exchange accountings. The settlement conference is continued to 9/8/08. 08-21278
08/29/2008Filing FeeReceived Filing Fee Paid on Filing. $250.00 from David L. Phillips - check no. 5858.
08/29/2008Notice/IncomingFiled Notice. of payment of sanctions. (Copy of check no. 5857 in the amount of $500.00 from David L. Phillips for sanctions imposed on 8/5/08). 08-22343
08/29/2008Notice of Appeal DocumentsFiled Case Appeal Statement. 08-22348
08/29/2008Docketing StatementFiled Docketing Statement. 08-22349
11/05/2008Settlement NoticeIssued Notice: Final Settlement Report. 08-28320
11/17/2008Settlement Program ReportFiled Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. Appellant's counsel missed scheduled conferences and failed to file a confidential settlement statement. Settlement Judge recommends sanctions against appellant's attorney, including payment to respondents' counsel for travel to scheduled conference per attached letter. 08-29146
01/08/2009Order/ProceduralFiled Order. Mr. Phillips' check for sanctions was returned for insufficient funds. Accordingly, the $500 sanction remains outstanding. In light of Mr. Phillip's repeated failure to comply with this court's notices, orders and procedural rules, and pursuant to the settlement judge's recommendations, we refer this matter to the State Bar of Nevada for investigation and appropriate disciplinary action. Mr. Phillips: 30 days from the date of this order to pay that sanction to the Supreme Court Law Library and to file proof of that payment with this court. Mr. Phillips shall reimburse respondent Perini. Mr. Phillips shall pay the amount of $695.83 to respondent Perini and file proof of that payment with this court within 30 days. We remove this appeal from the settlement conference program and reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to file a transcript request form. 90 days from to file and serve the opening brief and appendix. Fn1 [. . . the clerk of this court shall provide Bar Counsel with copies of the notice issued on April 14, 2008, and the orders entered on July 2, 2008, and August 5, 2008.] 09-00475
02/06/2009Notice/IncomingFiled Proof of Payment of Sanction. Cashier's Check no. 109170 from David Lee Phillips in the amount of $500.00. 09-03315
02/17/2009Notice/IncomingFiled Status Report. Investigative Report from State Bar of Nevada re attorney David L. Phillips. NOTE: This original document was placed in attorney Phillips' bar file. No copy was placed in the correspondence file for this case.
02/20/2009Order/ProceduralFiled Order. Removing Attorney David Lee Phillips as Counsel of Record. Mr. Phillips' dilatory actions throughout the course of this appeal warrant his removal as counsel of record. The clerk of this court shall remove Mr. Phillips from the docket of this appeal. Appellant 30 days to retain new counsel and cause new counsel to file a notice of appearance with this court. The transcript request deadline and the briefing schedule are suspended pending further order of this court. 09-04393
02/26/2009Letter/IncomingFiled Letter. from attorney John S. Rogers enclosing proof of payment of sanctions for attorney David Lee Phillips, and stating that he will act as co-counsel in all cases that Mr. Phillips currently has in front of this Court. 09-05010
03/09/2009Order/ProceduralFiled Order. Regarding Letter Filed on February 26, 2009. Mr. Rogers cannot appear as Mr. Phillips co-counsel in this matter. If Mr. Rogers is to serve as appellant's counsel in this appea, he must file and serve a proper notice of appearance by March 23, 2009 or notice that he does not intend to serve as counsel. The transcript request deadline and the briefing schedule shall remain suspended pending further order of this court. 09-05912
03/24/2009Notice/IncomingFiled Notice of Appearance. Representing appellant: Stephen R. Kopolow, Esq. 09-07370
04/08/2009Order/ProceduralFiled Order. Regarding Transcripts and Briefing. Transcript request due 10 days. Opeing brief due 60 days. 09-08799
04/14/2009Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/8/07, 1/7/08. To Court Reporter: Rachelle Hamilton. 09-09314
04/20/2009Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/20/05, 1/9/09. To Court Reporter: Janie Olsen. 09-09772
06/03/2009MotionFiled Motion and Order Extending Time. Brief due: July 8, 2009. 09-13784
07/10/2009BriefFiled Opening Brief. 09-17016
07/10/2009AppendixFiled Appendix to Opening Brief. 09-17018
08/12/2009BriefFiled Answering Brief. 09-19645
08/12/2009AppendixFiled Appendix to Answering Brief. 09-19647
09/16/2009Case Status Update Briefing Completed. No reply brief filed.
10/20/2009Order/ProceduralFiled Order/Submit on Briefs. Oral argument will not be scheduled in this appeal, and it shall stand submitted for on the record and briefs filed herein, as of the date of this order. 09-25539
10/20/2009Case Status Update Submitted for Decision.
12/04/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP09-MC/NS/MG 09-29427
12/29/2009RemittiturIssued Remittitur. 09-30363
12/29/2009Case Status Update Remittitur Issued/Case Closed.
01/11/2010RemittiturFiled Remittitur. Received by County Clerk on January 5, 2010. 09-30363
03/10/2010Notice/IncomingFiled Notice. Final Report of Bar Counsel re: David Lee Phillips, Esq. Nos. 51196 and 51426.