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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 42137
Lower Court Case(s):Clark Co. - Eighth Judicial District - A403237Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/22/2003 / Smith, JaySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/09/2005How Submitted:On Briefs

+ Party Information

Docket Entries
10/07/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Cal J. Potter - check no. 19415.
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.) 03-16659
10/07/2003Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days.
10/22/2003Docketing StatementFiled Docketing Statement. 03-17613
10/22/2003Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on 10/21/03. 03-17615
10/22/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Jay Earl Smith. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/27/2003Notice/Outgoing Letter. Jay Earl Smith. (case appeal statement)
10/29/2003Notice/Outgoing Letter. Jay Earl Smith. (docketing statement)
02/19/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-03230
03/10/2004Settlement 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). 04-04538
03/29/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 06/17/03, 08/28/03, 09/02/04, and 09/30/04. To Court Reporter: Renee Silvaggio and Julie Lever. 04-05843
07/09/2004MotionFiled Motion to Extend Time. Motion to Continue Briefing Schedule. 04-12524
07/15/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed July 9, 2004. Appellant shall have until August 9, 2004, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-12855
08/20/2004TranscriptFiled Transcript. Proceedings: June 17, 2003. Court Reporter: Renee Silvaggio. 04-15087
08/23/2004MotionFiled Motion. Motion to Continue Briefing Schedule. 04-15186
08/25/2004Order/ProceduralFiled Order Granting Motion. filed August 23, 2004. Appellant shall have until September 8, 2004, to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 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. 04-15366
08/31/2004Order/ProceduralFiled Order. Regarding Transcripts. On March 29, 2004, appellant filed a transcript request form requesting court reporters Renee Silvaggio and Julie Lever to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] Among the transcripts requested were transcripts for proceedings held on August 28, 2003, September 2 and 30, 2004. fn2[We assume that September 2 and 30, 2004, was a typographical error and should have read September 2 and 30, 2003.] A review of the district court minutes indicates that no court reporter/recorder was present at these proceedings. We conclude that the court reporters need not produce transcripts for those dates. We admonish counsel for including in the transcript request form dates for which no court reporter/recorder was present. 04-15802
09/10/2004BriefFiled Opening Brief. 04-16590
09/10/2004AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 04-16591
10/08/2004BriefFiled Answering Brief. 04-18745
10/08/2004AppendixFiled Appendix to Answering Brief. 04-18746
10/25/2004MotionFiled Stipulation and Order. Brief due: November 22, 2004. 04-19736
11/24/2004BriefFiled Reply Brief. 04-21589
06/09/2005Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 05-11387
06/09/2005Case Status Update Submitted for Decision. NNP05-WM/MD/RP
07/11/2005Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "We reverse the district court's order and remand this case to the district court to determine if there was equitable tolling on Simmons's state tort claims." Because Simmons was not required to exhaust administrative remedies on his 42 U.S.C. sec 1983 claim, on remand we order the district court to reinstate the claim. NNP05-WM/MD/RP 05-13627
08/05/2005RemittiturIssued Remittitur. 05-13826
08/05/2005Case Status Update Remittitur Issued/Case Closed.
08/12/2005RemittiturFiled Remittitur. Received by County Clerk on August 8, 2005. 05-13826