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United States Court Cases

Nevada Supreme/Appellate Court Record

CITY OF NORTH LAS VEGAS VS. THOMAS C/W 39639/42641

Case Information: 42148
Short Caption:CITY OF NORTH LAS VEGAS VS. THOMAS C/W 39639/42641Court:Supreme Court
Consolidated: 39639 *, 42148, 42641 Related Case(s): 36563 , 36595 , 39639
Lower Court Case(s):Clark Co. - Eighth Judicial District - A412710Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:10/21/2003 / Osko, EugeneSP Status:Completed
Oral Argument:11/17/2005 at 2:00 PMOral Argument Location:Carson City
Submission Date:11/17/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/07/2003OtherDisqualification of Justice Leavitt.
10/07/2003Filing Fee Filing Fee Waived.
10/07/2003Notice of Appeal DocumentsFiled 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.) 03-16675
10/21/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/27/2003Docketing StatementFiled Docketing Statement. 03-17884
10/29/2003Notice/Outgoing Letter. Eugene Osko. (docketing statement)
11/21/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-19466
12/04/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 03-20159
12/08/2003Notice/IncomingFiled Notice of Change of Address. Ashworth & Benedict. 03-20368
12/22/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/02/03. To Court Reporter: Julie Lever. 03-21295
01/26/2004MotionFiled Motion to Consolidate. Nos. 42148 and 42641. 04-01526
03/25/2004MotionFiled Stipulation and Order. Brief due: May 3, 2004. 04-05618
03/26/2004Notice/IncomingFiled Notice of Change of Address. 04-05729
04/22/2004MotionFiled Motion to Extend Time. 04-07417
05/10/2004MotionFiled Motion. Substitution of Attorney. Ashworth & Benedict withdraw as counsel for respondent. (Respondent in proper person.) 04-08626
05/12/2004Notice/IncomingFiled Substitution of Attorneys. Michael Thomas in pro per in the place and stead of John Benedict of the law firm of Ashworth & Benedict. 04-08859
06/10/2004Order/ProceduralFiled Order. Consolidating Appeals, Granting Motion to Withdraw and Setting Briefing Schedule. On January 26, 2004, the parties filed a stipulation to consolidate the appeals in Docket Nos. 42148 and 42641. Cause appearing, we approve the stipulation and consolidate Docket Nos. 42148 and 42641 for all appellate purposes. On May 10 and May 11, 2004, attorney John Benedict filed 2 documents entitled 'Substitution of Attorney.' The substitutions seek to substitute respondent Michael Thomas 'in the place and stead of John Benedict, Esq., of the law firm Ashworth & Benedict.' The substitutions are treated as motions to withdraw and we grant the motions. The clerk of this court shall remove Mr. Benedict as counsel of record for Mr. Thomas. We further conclude that Mr. Thomas will not be retaining new counsel and will be proceeding in proper person. See NRAP 46(b). Because these appeals are now consolidated, we reset the briefing schedule for these appeals. Appellant shall have 100 days from the date of this order to file and serve a single opening brief and appendix. Respondent John Armstrong shall have 30 days from service of the opening brief and appendix to file and serve the answering brief. Appellant shall have 30 days from service of Mr. Armstrong's answering brief to file and serve the reply brief, if deemed necessary. In light of this briefing schedule, we deny appellant's motions for extensions of time as moot. We approve the parties' stipulation to file briefs in excess of the page limitation. The parties may file briefs up to and including 60 pages in length. Appellant has requested the September 2, 2003, transcript from court reporter Julie Lever. Our review of the district court docket entries reveals that the September 2, 2003, transcript was filed in the district court prior to the docketing of these appeal. Accordingly, we conclude that appellant's request for the September 2, 2003, transcript was improper and Ms. Lever is not obligated to file that transcript with this court. Appellant shall include the September 2, 2003, transcript in its appendix to the opening brief. Nos. 42148/42641. (04-10742) 04-10742
07/23/2004Notice/IncomingFiled Substitution of Attorneys. Ashworth & Benedict withdraws as counsel for appellant John Armstrong in no. 42641. (Appellant in proper person.) Nos. 42148/42641 04-13393
09/17/2004BriefFiled Opening Brief. (SEALED). Copy of Stipulation to Seal Confidental Documents Relating to Harassment Investigation (filed in district court) attached to cover letter. Placed in correspondence file. Nos. 42148/42641. 04-17229
09/17/2004AppendixFiled Joint Appendix. Vols. 1 through 22. (Vols. 20 and 21 SEALED). Nos. 42148/42641. 04-17230
09/20/2004BriefFiled Opening Brief. Additional two copies of Opening Brief filed under seal on 09/17/04. Nos. 42148/42641. 04-17229
09/20/2004MotionFiled Motion. Motion of Nevada Attorneys for National Academy of Arbitrators for Leave to File Amicus Curiae Brief. Nos. 42148/42641 04-17323
09/21/2004Notice/IncomingFiled Proof of Service. Nos. 42148/42641. 04-17485
10/22/2004MotionFiled Stipulation. (first request) Nos. 42148/42641. (04-19553) 04-19553
11/19/2004Order/ProceduralFiled Order. filing Amicus Brief and Granting Joint Motion. On July 23, 2004, attorney John Benedict filed a document entitled 'Substitution of Attorney.' The substitution seeks to substitute respondent John Armstrong 'in Pro Per in the place and stead of John Benedict, Esq., of the law firm of Ashworth & Benedict.' We elect to treat the substitution as a motion to withdraw and we grant the motion. The clerk of this court shall remove Mr. Benedict as counsel of record for Mr. Armstrong. On September 20, 2004, the National Academy of Arbitrators ('NAA') filed a motion for leave to file an amicus curiae brief in support of appellant. Cause appearing, we grant the unopposed motion. NRAP 29. The clerk of this court shall file the amicus brief received on September 20, 2004. On October 22, 2004, the parties filed a stipulation to extend the time for respondents to file their answering briefs. We elect to treat the stipulation as a joint motion for respondents to file proper person briefs and we grant the motion. See NRAP 46(b). Respondents shall have 5 days from the date of this order to file and serve their answering briefs. Appellant shall have 30 days from service of the answering briefs to file and serve its reply brief, if deemed necessary. See NRAP 28(c). Nos. 42148/42641. (04-21341) 04-21341
11/19/2004BriefFiled Amicus Brief. Amicus Brief of the National Academy of Arbitrators (NAA). Nos. 42148/42641. 04-17325
12/01/2004Order/ProceduralFiled Order Granting Motion. Respondents Michael Thomas and John Armstrong have moved this court for an extension of time to file and serve their answering briefs. Respondents state that appellant 'has agreed to extending the time for an additional 30 days.' Cause appearing, we grant the motion. Respondents shall have until December 20, 2004, to file and serve their answering briefs. Appellant shall have 30 days from service of the answering briefs to file and serve its reply brief, if deemed necessary. Nos. 42148/42641. 04-21839
12/17/2004Notice/IncomingFiled Notice of Appearance. Representing respondents Michael Thomas (42148) and John Armstrong (42641): Muije & Varricchio. Nos. 42148/42641 04-23005
12/17/2004MotionFiled Motion to Extend Time. Nos. 42148/42641 04-23008
01/18/2005Order/ProceduralFiled Order Granting Motion. filed December 17, 2004. Attached to the motion is a stipulation of the parties. Respondents shall have until February 4, 2005, to file and serve their answering briefs. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 42148/42641. (05-01037) 05-01037
02/07/2005BriefFiled Answering Brief. Respondent's Thomas and Armstrong. Nos. 42148/42641. 05-02493
02/28/2005MotionFiled Stipulation and Order. Brief due: April 6, 2005. Nos. 42148/4264. 05-03848
04/05/2005MotionFiled Motion to Extend Time. Nos. 42148/42641 05-06635
04/07/2005Order/ProceduralFiled Order Granting Motion. filed April 5, 2005. Appellant shall have until May 6, 2005, to file and serve a reply brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 42148/42641. (05-06826) 05-06826
05/09/2005BriefFiled Reply Brief. Nos. 42148/42641. (05-08994) [SEALED] 05-08994
05/23/2005Order/ProceduralFiled Order/Consolidation. The appeal in Docket No. 39639 is from a district court order denying appellants' motion for attorney fees and costs. The consolidated appeals in docket Nos. 42148 and 42641 are from district court orders granting motions to vacate arbitration awards. We conclude that judicial economy will be served by resolving the appeals together. These appeals are hereby consolidated. Nos. 39639/42148/42641. (05-10073)
08/03/2005Notice/IncomingFiled Notice. Attorney Ryan Hammond is no longer with the law firm of Kamer Zucker & Abbott. All future correspondence should be directed to Jody M. Florence. (Counsel in 42148 and 42641 only.) Nos. 39639/42148/42641 [05-15410]
09/22/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on November 17, 2005, at 2:00 p.m. (En Banc) (Nos. 39639/42148/42641)
11/03/2005Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 39639/42148/42641)
11/17/2005Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 39639/42148/42641
02/09/2006Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." (Affirmed-Docket No. 39639; reversed and remanded-Docket Nos. 42148 and 42641). Before the Court EN BANC. Author: Rose, C.J. We concur: Becker, Maupin, Gibbons, Douglas, Hardesty and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 9. EN BANC. Nos. 39639/42148/42641. 06-02874
02/17/2006Notice/IncomingFiled Proof of Payment of Sanction. From attorney John Benedict. Nos. 39639/42148/42641 [06-03679]
03/07/2006RemittiturIssued Remittitur. 06-03925
03/07/2006Case Status Update Remittitur Issued/Case Closed.
03/17/2006RemittiturFiled Remittitur. Received by County Clerk on March 9, 2006. 06-03925