judyrecords
search tips
630 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

HERROSCHECK VS. BENNETT C/W 43510

Case Information: 44005
Short Caption:HERROSCHECK VS. BENNETT C/W 43510Court:Supreme Court
Consolidated: 43510 *, 44005Related Case(s): 43510
Lower Court Case(s):Clark Co. - Eighth Judicial District - A445913Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/05/2004 / Cohen, LarrySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/19/2007How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/27/2004Filing Fee Filing Fee due.
09/27/2004Notice 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.) 04-17848
09/27/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
10/05/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Larry J. Cohen. (Briefing and preparation of transcripts suspended pending further order of this court.)
10/07/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Marquis & Aurbach--check no. 072099.
10/07/2004MotionFiled Motion to Consolidate. Nos. 43510 and 44005. 04-18600
10/13/2004Order/ProceduralFiled Order/Consolidation. Appellants have filed a motion to consolidate these appeals. Cause appearing, we grant the motion. Accordingly, these appeals are consolidated for all appellate purposes. Nos. 43510/44005. (04-18949)
12/15/2004Order/ProceduralFiled Order. to file Docketing Statement. The appeal in Docket No. 44005 was docketed in this court on September 27, 2004. On that date, this court issued a settlement notice informing appellant that the docketing statement must be filed within 15 days of the docketing of the appeal. To date, appellant has failed to file the docketing statement in Docket No. 44005. Appellant shall have 10 days from the date of this order to file and serve the docketing statement in Docket No. 44005. fn1[Appellant shall serve the docketing statement in Docket No. 44005 on counsel for respondent and on settlement judge Larry J. Cohen.] Nos. 43510/44005. (04-22838)
12/29/2004Docketing StatementFiled Docketing Statement. Nos. 43510/44005 (04-23680).
03/04/2005Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. Nos. 43510/44005. (05-04303)
01/11/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 43510/44005. (06-00752) (FILED VIA FAX)
01/13/2006Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 43510/44005. (06-00980) (Original of fax filed on 1/11/06)
01/19/2006Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of these consolidated appeals. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve a single opening brief and appendix addressing issues in both appeals. Nos. 43510/44005. (06-01323)
02/06/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 05/07/07. To Court Reporter: Cindy Caldwell. Nos. 43510/44005 (06-02636).
03/02/2006TranscriptFiled Transcript. Proceedings: 5/7/04. Court Reporter: Cindy Caldwell. Nos. 43510/44005.
03/03/2006Notice/IncomingFiled Proof of Service. Certificate of Mailing. Nos. 43510/44005. (06-04813)
04/19/2006Order/ProceduralFiled Order/Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why these appeals should not be dismissed for lack of jurisdiction. The briefing schedule in these appeals shall be suspended pending further order of this court. Respondent may file any reply within 10 days from the date that appellants' response is served. Nos. 43510/44005. (06-08175)
04/21/2006BriefFiled Opening Brief. Nos. 43510/44005 (06-08476).
04/21/2006AppendixFiled Joint Appendix. Vols. 1 and 2. Nos. 43510/44005 (06-08477).
04/24/2006MotionFiled Motion. Motion for Substitution of Parties. Nos. 43510/44005 (06-08584).
05/12/2006Order/ProceduralFiled Order Granting Motion. for Substitution of Parties. The clerk shall substitute "Joseph M. Herroscheck" for "Michael Herroscheck" as an appellant in these appeals. Nos. 43510/44005. (06-10028)
05/15/2006MotionFiled Response to Order to Show Cause. Nos. 43510/44005 (06-10110).
07/06/2006Order/ProceduralFiled Order. it appears that the district court has entered a final judgment from which an appeal may be taken. Thus, these appeals may proceed. Respondent shall have thirty days from the date of this order to file and serve a single answering brief addressing issues in both appeals. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn3-[The Honorable Miriam Shearing, Senior Justice, participated in the decision of this matter under a general order of assignment entered January 6, 2006.] Nos. 43510/44005 [06-13887]
08/09/2006BriefFiled Answering Brief. Nos. 43510/44005. (06-16527)
09/11/2006BriefFiled Reply Brief. Nos. 43510/44005 (06-18672).
07/12/2007Notice/IncomingFiled Notice of Change of Address. Attorney William McGimsey Nos. 43510/44005 [07-15163]
07/19/2007Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the SNP Panel as of the date of this order on the briefs filed herein. Nos. 43510/44005 (07-15713).
07/19/2007Case Status Update Submitted for Decision. SNP07-MG/MD/MC.
09/28/2007Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." Nos. 43510/44005. SNP07-MG/MD/MC 07-21460
10/23/2007RemittiturIssued Remittitur. 07-22179
10/23/2007Case Status Update Remittitur Issued/Case Closed.
11/01/2007RemittiturFiled Remittitur. Received by County Clerk on October 29, 2007. 07-22179