| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/06/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Lionel Sawyer & Collins--check no. 016952. | | |
| 10/06/2003 | Notice of Appeal Documents | Filed 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.) | | 03-16627
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| 10/20/2003 | Docketing Statement | Filed Docketing Statement. | | 03-17392
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| 11/17/2003 | Other | Disqualification of Justice Becker. Sat in district court proceedings. | | |
| 11/18/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Howard Roitman. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 04/23/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 04-07560
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| 05/10/2004 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the 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). | | 04-08618
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| 06/01/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 09/03/03, 09/08/03, 09/09/03, 09/10/03, 09/11/03, 09/12/03 (2), 09/15/03, 09/16/03 (2), and 09/22/03. To Court Reporter: Janie Olsen. | | 04-10051
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| 06/04/2004 | Notice/Incoming | Filed Notice of Appearance. (Richard McKnight as Co-Counsel). | | 04-10332
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| 06/28/2004 | Transcript | Filed Transcript. Proceedings: 09/08/03, 09/09/03, 09/10/03, 09/11/03, 09/12/03, 09/15/03, 09/16/03, and 09/22/03. Court Reporter: Janie Olsen. | | 04-11813
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| 09/07/2004 | Motion | Filed Stipulation and Order. Brief due: 10/06/04. | | 04-16298
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| 09/27/2004 | Order/Procedural | Filed Order. Regarding Transcripts. On June 1, 2004, appellants filed a transcript request form requesting court reporter Janie Olsen to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] To date, the requested transcript for proceedings conducted on September 3, 2003, has not been filed. Ms. Olsen shall have 20 days from the date of this order to prepare and file the requested transcript. If more time is needed to complete the preparation of the transcript, Ms. Olsen shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Olsen shall notify this court, in writing, of this fact. | | 04-17795
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| 09/29/2004 | Motion | Filed Motion to Consolidate. Motion to Consolidate Appeals or, in the Alternative for Extension of Time. Nos. 42133 and 42234 | | 04-18057
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| 10/01/2004 | Motion | Filed Motion to Extend Time. Second Request. | | 04-18208
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| 10/04/2004 | Transcript | Filed Transcript. Proceedings: September 3, 2003. Court Reporter: Janie L. Olsen. | | 04-18295
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| 10/12/2004 | Order/Procedural | Filed Order. Consolidating Appeals and Establishing New Briefing Schedule. Respondents in Docket No. 42133 and appellants in Docket No. 42234 ('Peccole') have moved to consolidate these appeals. Cause appearing, we grant the unopposed motion. In light of the consolidation of these appeals, we establish the following new briefing schedule: (1) Peccole shall have 15 days from the date of this order to file and serve their opening brief in Docket No. 42234, (2) appellants in Docket No. 42133 and respondents in Docket No. 42234 ('Stoddart') shall have 30 days from service of Peccole's opening brief to file and serve a combined answering brief in Docket No. 42234 and opening brief in Docket No. 42133, (3) Peccole shall have 30 days from service of Stoddart's combined brief to file and serve a combined reply brief, if deemed necessary, in Docket No. 42234, and answering brief in Docket No. 42133, and (4) Stoddart shall have 30 days from service of Peccole's combined brief to file and serve a reply brief, if deemed necessary, in Docket No. 42133. fn1[In light of this new briefing schedule, we deny Stoddart's October 1, 2004, motion for an extension of time to file the opening brief as moot.] fn2[We note that Peccole is still obligated to request transcripts in compliance with NRAP 9(a) as directed in our October 1, 2004, order in Docket No. 42234.] Nos. 42133/42234. (04-18898) | | 04-18898
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| 10/14/2004 | Transcript Request | Filed Certificate of No Transcript Request. Nos. 42133/42234. | | 04-19070
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| 11/01/2004 | Motion | Filed Motion to Extend Time. Opening brief in 42234. Nos. 42133/42234. | | 04-20057
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| 11/08/2004 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed November 1, 2004. Appellants shall have until November 23, 2004, to file and serve their opening brief and appendix in Docket No. 42234. Nos. 42133/42234. (04-20486) | | 04-20486
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| 11/29/2004 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to file Appellants' Opening Brief in case no. 42234. Nos. 42133/42234. (04-21745) | | 04-21745
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| 12/07/2004 | Order/Procedural | Filed Order Granting Motion. filed November 29, 2004. Appellants shall have until December 22, 2004, to file and serve their opening brief and appendix in Docket No. 42234. Thereafter, briefing shall proceed as set forth in our order entered October 12, 2004. 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. 42133/42234. (04-22262) | | 04-22262
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| 12/27/2004 | Motion | Filed Motion to Extend Time. (Four days requested.) Nos. 42133/42234. | | 04-23464
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| 12/27/2004 | Appendix | Received Joint Appendix. Vols. 1 through 15 (including 9A and 13A)). Nos. 42133/42234. | | 04-23523
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| 01/04/2005 | Motion | Filed Motion for Excess Pages. Nos. 42133/42234. | | 05-00134
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| 01/26/2005 | Order/Procedural | Filed Order Granting Motion. Appellants in Docket No. 42234 (Peccole) have filed a third motion for an extension of time to file their opening brief and a motion requesting permission to file a 34-page opening brief. Cause appearing, we grant the motions. The clerk shall file the joint appendix received on December 27, 2004, and the opening brief and the addendum to joint appendix received on January 3, 2005. Appellants in Docket No. 42133 and respondents in Docket No. 42234 shall have 30 days from the date of this order to file and serve a combined answering brief in Docket No. 42234 and opening brief in Docket No. 42133. Thereafter, briefing shall proceed in accordance with our order entered on October 12, 2004. Nos. 42133/42234. (05-01647) | | 05-01647
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| 01/26/2005 | Brief | Filed Opening Brief. Nos. 42133/42234. (05-00063) | | 05-00063
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| 01/26/2005 | Appendix | Filed Joint Appendix. Volumes 1 through 15 (includes 9A and 13A). Nos. 42133/42234. (05-00064) | | 04-23523
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| 01/26/2005 | Appendix | Filed Joint Appendix. Nos. 42133/42234. (05-00064) | | 05-00064
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| 01/31/2005 | Motion | Filed Stipulation. Nos. 42133/42234. | | 05-01933
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| 02/24/2005 | Order/Procedural | Filed Order Granting Motion. We elect to treat the parties' stipulation as a joint motion for an extension of time to file appellants' combined brief. Appellants shall have until March 2, 2005, to file and serve their combined brief. Thereafter, briefing shall proceed in accordance with the schedule in our order entered October 12, 2004. No. 42133/42234 | | 05-03747
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| 02/28/2005 | Motion | Filed Motion to Extend Time. Motion for Extension of Time Within Which to File Respondents' Opening Brief and Answering Brief (Second Request). Nos. 42133/42234. | | 05-03866
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| 03/08/2005 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed February 28, 2005. Stoddart and Jencar shall have until March 28, 2005, to file and serve their combined brief. Thereafter, briefing shall proceed in accordance with the schedule in this court's order entered October 12, 2004. Nos. 42133/ 42234. (05-04515) | | 05-04515
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| 03/29/2005 | Motion | Filed Motion for Excess Pages. Respondent in 42234 and Appellant in 42133. Motion for Permission to File Brief in Excess of 30 Pages, but Not in Excess of 85 Pages, on this Appeal. Nos. 42133/42234. | | 05-06065
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| 03/29/2005 | Brief | Received Answering Brief. Respondents' Answering Brief in Case No. 42234 and Opening Brief in Case No. 42133. Nos. 42133/42234. | | 05-06068
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| 03/29/2005 | Appendix | Received Appendix to Answering Brief. Respondents' Supplemental Appendix in 42234 and Appellant in 42133. Nos. 42133/42234. | | 05-06070
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| 04/12/2005 | Order/Procedural | Filed Order. filing Combined Brief and Appendix. The clerk shall file the 84-page combined answering brief in Docket No. 42234 and opening brief in Docket No. 42133 and appendix (Stoddart) received on March 29, 2005. Appellants in Docket No. 42234 and respondents in Docket No. 42133 (Peccole) shall have 30 days from the date of this order to file and serve a combined reply brief, if deemed necessary, in Docket No. 42234, and answering brief in Docket No. 42133. Stoddart shall have 30 days from service of Peccole's combined brief to file and serve a reply brief, if deemed necessary, in Docket No. 42133. Nos. 42133/42234. (05-07119) | | 05-07119
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| 04/12/2005 | Brief | Filed Answering Brief. Respondents' Answering Brief in Case No. 42234 and Opening Brief in Case No. 42133. Nos. 42133/42234. (05-06068) (Brief is filed in No. 42133). | | 05-06068
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| 04/12/2005 | Appendix | Filed Appendix to Answering Brief. Respondents' Supplemental Appendix in 42234 and Appellant in 42133. Nos. 42133/42234. (05-06070) (Appendix is filed in No. 42133). | | 05-06070
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| 05/13/2005 | Motion | Filed Stipulation and Order. Brief due: June 13, 2005. Nos. 42133/42234. | | 05-09404
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| 06/16/2005 | Motion | Filed Motion to Extend Time. Peccole's Combined Answering and Reply Brief on Appeal. Nos. 42133/42234 | | 05-11875
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| 06/17/2005 | Order/Procedural | Filed Order Granting Motion. filed June 16, 2005. The Peccole respondents shall have until July 13, 2005, to file and serve their combined brief. No further extensions shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 42133/42234. (05-12005) | | 05-12005
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| 07/15/2005 | Motion | Filed Motion to Extend Time. Motion to Extend Time to File The Peccoles' Combined Answering Brief and Reply Brief on Appeal. Nos. 42133/42234 | | 05-14184
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| 07/21/2005 | Motion | Filed Response to Motion. Nos. 42133/42234 | | 05-14510
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| 08/17/2005 | Motion | Filed Motion to Extend Time. Motion to Extend Time to File The Peccoles' Combined Answering and Reply Brief on Appeal. Nos. 42133/42234. | | 05-16325
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| 08/22/2005 | Motion | Filed Motion for Excess Pages. (Reply Brief). Nos. 42133/42234. | | 05-16614
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| 09/19/2005 | Order/Procedural | Filed Order Granting Motion. and Filing Combined Brief. The clerk shall file the 54-page combined answering brief n Docket No. 43133 and reply brief in Docket No. 42234 received on August 22, 2005. If deemed necessary, Stoddart shall have 30 days from the date of this order to file and serve a reply brief in Docket No. 43133. Nos. 42133/42234. (05-18532) | | 05-18532
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| 09/19/2005 | Brief | Filed Answering Brief. Peccole's Answering Brief in Case No. 42133 and Reply Brief in Case No. 42234. Nos. 42133/42234. (05-16615). | | 05-16615
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| 09/19/2005 | Motion | Filed Stipulation. (first request.) Nos. 42133/42234. (05-18601) | | 05-18601
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| 09/23/2005 | Order/Clerk's | Filed Clerk's Order. filed 9/19/05. In light of the 9/19/05 order, the stipulation is denied as moot. Nos. 42133/42234. | | 05-18889
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| 10/19/2005 | Motion | Filed Motion to Extend Time. Nos. 42133/42234. | | 05-20756
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| 10/24/2005 | Order/Clerk's | Filed Clerk's Order Granting Motion. Reply brief due from appellants Stoddart in No. 42133: November 18, 2005. Nos. 42133/ 42234. (05-20972) | | 05-20972
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| 11/22/2005 | Brief | Filed Reply Brief. Stoddart's Reply Brief in Case No. 43133. Nos. 42133/42234. (05-23057) | | 05-23057
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| 06/16/2006 | Order/Procedural | Filed Order. Directing Supplemental Briefing. Peccole and Stoddart shall have 20 days to file and serve supplemental opening briefs. Peccole and Stoddart shall have 20 days from service of the supplemental opening briefs to file supplemental answering briefs. The briefs shall be limited to the questions set forth in this order. Nos. 42133/42234. (06-12681) | | 06-12681
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| 07/10/2006 | Motion | Filed Motion to Extend Time. | | 06-14184
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| 07/17/2006 | Order/Procedural | Filed Order Granting Motion. The parties shall have until July 20, 2006, to file and serve their opening briefs. Nos. 42133/42234. (06-14744) | | 06-14744
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| 07/24/2006 | Motion | Filed Motion to Extend Time. Joint Motion for Extension of Time to File Supplemental Briefs. (Second Request) Nos. 42133/42234 | | 06-15405
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| 07/27/2006 | Order/Procedural | Filed Order Granting Motion. The parties shall have 5 days from the date of this order to file and serve their supplemental opening briefs. Nos. 42133/42234. (06-14601) | | 06-15601
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| 07/31/2006 | Brief | Filed Supplemental Brief. Stoddard's Opening Response to Order Directing Supplemental Briefing. Nos. 42133/42234 | | 06-15843
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| 07/31/2006 | Appendix | Filed Appendix. Stoddarts' Second Supplemental Appendix. Nos. 42133/42234 | | 06-15844
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| 07/31/2006 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes on September 8, 2006, at 10:00 a.m. (NNP07-RR/JH/RP) (Nos. 42133/42234) | | |
| 08/07/2006 | Brief | Filed Supplemental Brief. Peccole's Supplemental Brief in Response to the Court's June 16, 2006 Order. Nos. 42133/42234. | | 06-16398
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| 08/07/2006 | Appendix | Filed Appendix. Appendix to Peccole's Supplemental Brief in Response to the Court's June 16, 2006 Order. Nos. 42133/42234. | | 06-16399
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| 08/21/2006 | Brief | Filed Supplemental Brief. Peccole Entities' Supplemental Answering Brief. Nos. 42133/42234. | | 06-17400
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| 08/21/2006 | Appendix | Filed Appendix. Peccole's Second Supplemental Appendix. Nos. 42133/42234. | | 06-17401
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| 08/23/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (Nos. 42133/42234) | | |
| 08/29/2006 | Brief | Filed Supplemental Brief. Stoddart's Reply to Peccole's Supplemental Brief in Response to the Court's June 16, 2006 Order. Nos. 42133/42234. | | 06-17902
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| 08/29/2006 | Appendix | Filed Appendix. Stoddart's Third Supplemental Appendix. Nos. 42133/42234. (Received Table of Contents on 09/05/06 and attached to inside front cover of appendix.) | | 06-17903
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| 09/05/2006 | Other | Disqualification of Justice Parraguirre. | | |
| 09/06/2006 | Order/Procedural | Filed Order. the Honorable Miriam Shearing, Sr. Justice, is assigned to participate in the determination of
this matter in the place of Justice Parraguirre and to hear the oral argument. Nos. 42133/42234. | | 06-18383
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| 09/08/2006 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP07-NB/JH/RP. Nos. 42133/42234. | | |
| 09/25/2006 | Letter/Incoming | Filed Letter. from Dan Polsenberg stating that among the firms representing the Peccole entities, the Beckley Singleton firm should be listed first and that Jay T. Hopkins be removed as counsel and Rex A. Jemison be added. Nos. 42133/42234. | | 06-19648
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| 10/05/2006 | Notice/Outgoing | Issued Letter. to Daniel Polsenberg in response to his letter filed on 09/25/06. Nos. 42133/42234. | | |
| 11/28/2006 | Other | Disqualification of Justice Cherry. Sat in district court proceedings. | | |
| 08/09/2007 | Motion | Filed Motion. Motion for Permission to Supplement Brief. Nos. 42133/42234. | | 07-17610
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| 08/21/2007 | Motion | Filed Motion to Extend Time. to File and Serve Respondent's Opposition to Appellants' Motion for Permission to Supplement Brief. Nos. 42133/42234. | | 07-18493
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| 09/10/2007 | Notice/Incoming | Filed Notice. of Firm Name - Beckley Singleton is now Lewis and Roca, LLP. Nos. 42133/42234. | | 07-19951
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| 09/10/2007 | Motion | Filed Response to Motion. for Permission to Supplement Brief and Memorandum of Supplemental Authorities. Nos. 42133/42234. | | 07-19960
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| 10/05/2007 | Order/Procedural | Filed Order. Peccole moved for an extension of time to file a response to Stoddart's motion. We grant the extension motion. Peccole does not oppose Stoddart's motion to consider supplemental authorities, but requests that Peccole be allowed to respond to Stoddart's memorandum discussing the effect of the Edwards opinion. We grant Stoddart's motion to the following extent. We shall consider the memorandum of supplemental authorities attached to Stoddart's motion, as well as the response to the memorandum set forth in Peccole's response. Nos. 42133/42234. | | 07-22049
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| 08/22/2008 | Order/Dispositional | Filed Dispositional Order/Appeal. "we reverse the district court's judgment on the jury verdict in the first trial, the order entered after the first trial insofar as it denied the motion for JNOV.and the judgment on the jury verdict in the second trial." NNP07B-JH/RR/MS Nos. 42133/42234 | | 08-21706
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| 09/10/2008 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Lionel Sawyer & Collins - check no. 053230. | | |
| 09/10/2008 | Post-Judgment Petition | Filed Petition for Rehearing. Stoddart's Petition for Rehearing. (Appellants David Stoddart and Jencar Development Corporation). Nos. 42133/42234 (08-23416). | | 08-23416
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| 10/27/2008 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 42133/42234. | | 08-27428
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| 11/07/2008 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. (Appellants David Stoddart and Jencar Development Corporation). Nos. 42133/42234 (08-28490). | | 08-28490
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| 11/25/2008 | Remittitur | Issued Remittitur. | | 08-28225
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| 11/25/2008 | Case Status Update | Remittitur Issued/En Banc Reconsideration Pending. | | |
| 12/04/2008 | Remittitur | Filed Remittitur. Received by County Clerk on December 1, 2008. | | 08-28225
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| 01/07/2009 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC Nos. 51233/42234. | | 09-00373
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