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United States Court Cases

Nevada Supreme/Appellate Court Record

STODDART VS. MILLER C/W 42234

Case Information: 42133
Short Caption:STODDART VS. MILLER C/W 42234Court:Supreme Court
Consolidated:42133*, 42234 Related Case(s): 38253 , 38336 , 42234
Lower Court Case(s):Clark Co. - Eighth Judicial District - A353258Classification:Civil Appeal - General - Other
Disqualifications:Cherry, ParraguirreCase Status:Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:11/18/2003 / Roitman, HowardSP Status:Completed
Oral Argument:09/08/2006 at 10:00 AMOral Argument Location:Carson City
Submission Date:09/08/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/06/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Lionel Sawyer & Collins--check no. 016952.
10/06/2003Notice 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.) 03-16627
10/20/2003Docketing StatementFiled Docketing Statement. 03-17392
11/17/2003OtherDisqualification of Justice Becker. Sat in district court proceedings.
11/18/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Howard Roitman. (Briefing and preparation of transcripts suspended pending further order of this court.)
04/23/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-07560
05/10/2004Settlement Order/ProceduralFiled 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
06/01/2004Transcript RequestFiled 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
06/04/2004Notice/IncomingFiled Notice of Appearance. (Richard McKnight as Co-Counsel). 04-10332
06/28/2004TranscriptFiled 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
09/07/2004MotionFiled Stipulation and Order. Brief due: 10/06/04. 04-16298
09/27/2004Order/ProceduralFiled 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
09/29/2004MotionFiled Motion to Consolidate. Motion to Consolidate Appeals or, in the Alternative for Extension of Time. Nos. 42133 and 42234 04-18057
10/01/2004MotionFiled Motion to Extend Time. Second Request. 04-18208
10/04/2004TranscriptFiled Transcript. Proceedings: September 3, 2003. Court Reporter: Janie L. Olsen. 04-18295
10/12/2004Order/ProceduralFiled 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
10/14/2004Transcript RequestFiled Certificate of No Transcript Request. Nos. 42133/42234. 04-19070
11/01/2004MotionFiled Motion to Extend Time. Opening brief in 42234. Nos. 42133/42234. 04-20057
11/08/2004Order/Clerk'sFiled 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
11/29/2004MotionFiled 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
12/07/2004Order/ProceduralFiled 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
12/27/2004MotionFiled Motion to Extend Time. (Four days requested.) Nos. 42133/42234. 04-23464
12/27/2004AppendixReceived Joint Appendix. Vols. 1 through 15 (including 9A and 13A)). Nos. 42133/42234. 04-23523
01/04/2005MotionFiled Motion for Excess Pages. Nos. 42133/42234. 05-00134
01/26/2005Order/ProceduralFiled 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
01/26/2005BriefFiled Opening Brief. Nos. 42133/42234. (05-00063) 05-00063
01/26/2005AppendixFiled Joint Appendix. Volumes 1 through 15 (includes 9A and 13A). Nos. 42133/42234. (05-00064) 04-23523
01/26/2005AppendixFiled Joint Appendix. Nos. 42133/42234. (05-00064) 05-00064
01/31/2005MotionFiled Stipulation. Nos. 42133/42234. 05-01933
02/24/2005Order/ProceduralFiled 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
02/28/2005MotionFiled 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
03/08/2005Order/Clerk'sFiled 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
03/29/2005MotionFiled 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
03/29/2005BriefReceived Answering Brief. Respondents' Answering Brief in Case No. 42234 and Opening Brief in Case No. 42133. Nos. 42133/42234. 05-06068
03/29/2005AppendixReceived Appendix to Answering Brief. Respondents' Supplemental Appendix in 42234 and Appellant in 42133. Nos. 42133/42234. 05-06070
04/12/2005Order/ProceduralFiled 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
04/12/2005BriefFiled 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
04/12/2005AppendixFiled 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
05/13/2005MotionFiled Stipulation and Order. Brief due: June 13, 2005. Nos. 42133/42234. 05-09404
06/16/2005MotionFiled Motion to Extend Time. Peccole's Combined Answering and Reply Brief on Appeal. Nos. 42133/42234 05-11875
06/17/2005Order/ProceduralFiled 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
07/15/2005MotionFiled 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
07/21/2005MotionFiled Response to Motion. Nos. 42133/42234 05-14510
08/17/2005MotionFiled Motion to Extend Time. Motion to Extend Time to File The Peccoles' Combined Answering and Reply Brief on Appeal. Nos. 42133/42234. 05-16325
08/22/2005MotionFiled Motion for Excess Pages. (Reply Brief). Nos. 42133/42234. 05-16614
09/19/2005Order/ProceduralFiled 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
09/19/2005BriefFiled Answering Brief. Peccole's Answering Brief in Case No. 42133 and Reply Brief in Case No. 42234. Nos. 42133/42234. (05-16615). 05-16615
09/19/2005MotionFiled Stipulation. (first request.) Nos. 42133/42234. (05-18601) 05-18601
09/23/2005Order/Clerk'sFiled 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
10/19/2005MotionFiled Motion to Extend Time. Nos. 42133/42234. 05-20756
10/24/2005Order/Clerk'sFiled Clerk's Order Granting Motion. Reply brief due from appellants Stoddart in No. 42133: November 18, 2005. Nos. 42133/ 42234. (05-20972) 05-20972
11/22/2005BriefFiled Reply Brief. Stoddart's Reply Brief in Case No. 43133. Nos. 42133/42234. (05-23057) 05-23057
06/16/2006Order/ProceduralFiled 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
07/10/2006MotionFiled Motion to Extend Time. 06-14184
07/17/2006Order/ProceduralFiled 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
07/24/2006MotionFiled Motion to Extend Time. Joint Motion for Extension of Time to File Supplemental Briefs. (Second Request) Nos. 42133/42234 06-15405
07/27/2006Order/ProceduralFiled 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
07/31/2006BriefFiled Supplemental Brief. Stoddard's Opening Response to Order Directing Supplemental Briefing. Nos. 42133/42234 06-15843
07/31/2006AppendixFiled Appendix. Stoddarts' Second Supplemental Appendix. Nos. 42133/42234 06-15844
07/31/2006Notice/OutgoingIssued 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)
08/07/2006BriefFiled Supplemental Brief. Peccole's Supplemental Brief in Response to the Court's June 16, 2006 Order. Nos. 42133/42234. 06-16398
08/07/2006AppendixFiled Appendix. Appendix to Peccole's Supplemental Brief in Response to the Court's June 16, 2006 Order. Nos. 42133/42234. 06-16399
08/21/2006BriefFiled Supplemental Brief. Peccole Entities' Supplemental Answering Brief. Nos. 42133/42234. 06-17400
08/21/2006AppendixFiled Appendix. Peccole's Second Supplemental Appendix. Nos. 42133/42234. 06-17401
08/23/2006Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 42133/42234)
08/29/2006BriefFiled 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
08/29/2006AppendixFiled 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
09/05/2006OtherDisqualification of Justice Parraguirre.
09/06/2006Order/ProceduralFiled 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
09/08/2006Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP07-NB/JH/RP. Nos. 42133/42234.
09/25/2006Letter/IncomingFiled 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
10/05/2006Notice/OutgoingIssued Letter. to Daniel Polsenberg in response to his letter filed on 09/25/06. Nos. 42133/42234.
11/28/2006OtherDisqualification of Justice Cherry. Sat in district court proceedings.
08/09/2007MotionFiled Motion. Motion for Permission to Supplement Brief. Nos. 42133/42234. 07-17610
08/21/2007MotionFiled Motion to Extend Time. to File and Serve Respondent's Opposition to Appellants' Motion for Permission to Supplement Brief. Nos. 42133/42234. 07-18493
09/10/2007Notice/IncomingFiled Notice. of Firm Name - Beckley Singleton is now Lewis and Roca, LLP. Nos. 42133/42234. 07-19951
09/10/2007MotionFiled Response to Motion. for Permission to Supplement Brief and Memorandum of Supplemental Authorities. Nos. 42133/42234. 07-19960
10/05/2007Order/ProceduralFiled 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
08/22/2008Order/DispositionalFiled 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
09/10/2008Filing FeeReceived Filing Fee Paid on Filing. $150 from Lionel Sawyer & Collins - check no. 053230.
09/10/2008Post-Judgment PetitionFiled Petition for Rehearing. Stoddart's Petition for Rehearing. (Appellants David Stoddart and Jencar Development Corporation). Nos. 42133/42234 (08-23416). 08-23416
10/27/2008Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 42133/42234. 08-27428
11/07/2008Post-Judgment PetitionFiled Petition for En Banc Reconsideration. (Appellants David Stoddart and Jencar Development Corporation). Nos. 42133/42234 (08-28490). 08-28490
11/25/2008RemittiturIssued Remittitur. 08-28225
11/25/2008Case Status Update Remittitur Issued/En Banc Reconsideration Pending.
12/04/2008RemittiturFiled Remittitur. Received by County Clerk on December 1, 2008. 08-28225
01/07/2009Post-Judgment OrderFiled 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