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United States Court Cases

Nevada Supreme/Appellate Court Record

NEAL VS. FAIRBOURN

Case Information: 42094
Short Caption:NEAL VS. FAIRBOURNCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A419064Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/08/2003 / Tanksley, ThomasSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/24/2003OtherDisqualification of Justice Leavitt.
09/24/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Michael J. Harker, Esq.--check no. 3782.
09/24/2003Notice 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.) 03-15981
09/24/2003Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
10/08/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Thomas J. Tanksley. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/10/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a partial settlement of this matter between Neal and Respondent Sirigos only at this time. The settlement conference is continued between other parties. 03-18760
11/20/2003Order/ProceduralFiled Order. Appellant shall have 30 days from the date of this order to file a stipulation or motion to dismiss this appeal as to respondents Michael Sirigos and Helen Sirigos, or otherwise inform this court of the status of this matter. To date, appellant has failed to comply with this court's notice to file a case appeal statement. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. We caution appellant that failure to comply timely with this order may result in the impostion of sanctions. 03-19358
02/10/2004Order/ProceduralFiled Order. Dismissing Appeal in Part and Directing Filing of Case Appeal Statement and Docketing Statement. On November 10, 2003, the settlement judge filed a report indicating that appellant Gerald F. Neal and respondents Michael Sirigos and Helen Sirigos agreed to a settlement of this appeal. On November 20, 2003, we directed appellant to file a stipulation or motion to dismiss this appeal as to respondents Michael Sirigos and Helen Sirigos, or otherwise inform this court of the status of this matter within 30 days. To date, appellant has not responded to our order or otherwise communicated with this court. Cause appearing, we dismiss this appeal as abandoned as to respondents Michael Sirigos and Helen Sirigos only. To date, appellant has failed to file the case appeal statement and docketing statement or respond to the September 24, 2003, notices and November 20, 2003, order. Appellant shall file the necessary documents within 10 days from the ate of this order or show cause why sanctions, including dismissal of the remainder of this appeal, should not be imposed. See NRAP 14(c). 04-02610
02/23/2004Docketing StatementFiled Docketing Statement. 04-03370
02/24/2004Settlement Program ReportFiled Interim Settlement Program Report. Determination of a failure to participate in good faith in the settlement conference process (attached letter recommending sanctions.) 04-03530
03/01/2004Letter/IncomingFiled Letter. --copy of letter addressed to Settlement Judge Tanksley from attorney Michael Harker in answer to the settlement conference status report. 04-03858
03/04/2004Letter/IncomingFiled Letter. from attorney Neil M. Mullins stating that he is not counsel of record for Jennifer Fairbourn (copy of order allowing Mr. Mullins to withdraw as counsel filed in the district court on December 22, 3003 attached to letter). 04-04098
03/09/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. Settlement Judge also requests that the previous sc report filed on 2/24/04 recommending sanctions be withdrawn. 04-04467
06/04/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: June 3, 2004. 04-10285
06/18/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 04-11164
08/16/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties have agreed to a settlement of this matter. 04-14813
10/27/2004Order/ProceduralFiled Order. Pursuant to NRAP 16(g), the settlement judge has filed a report with this court indicating that the parties have agreed to a settlement. Accordingly, appellant shall have 30 days from the date of this order to file a stipulation or motion to dismiss this appeal or otherwise inform this court of the status of this appeal. Failure to comply with this order in a timely manner may result in the dismissal of this appeal as abandoned. On February 10, 2004, this court entered an order that, among other things, directed appellant, for the second time, to file a case appeal statement in the district court and file two certified copies of that case appeal statement with this court. In response to that order, appellant filed a case appeal statement in this court only. In the interest of judicial efficiency, we vacate that portion of our previous order regarding the case appeal statement and waive the requirement that appellant file the case appeal statement in the district court. Attorney Neil M. Mullins submitted a letter addressed to the clerk of this court stating that he no longer represents respondent Jennifer Fairbourn. Attached to that letter is a copy of a December 22, 2003, district court order granting Mr. Mullins' motion to withdraw as counsel of record in the district court. We note that the notice of appeal for this matter was filed in the district court on September 19, 2003. Accordingly, the December 22, 2003, district court order is of no legal effect. Additionally, we note that any request for relief from this court should be made by formal motion, not by a letter addressed to the clerk of this court. Accordingly, no action will be taken in response to Mr. Mullins' letter. Finally, the settlement judge has filed an updated report requesting that a previous report in which he recommend sanctions be imposed against for appellant be withdrawn. Accordingly, no action will be taken on the settlement judge's report recommending sanctions. 04-19879
11/30/2004MotionFiled Motion to Dismiss Appeal. 04-21817
12/07/2004Order/DispositionalFiled Voluntary Dismissal. Pursuant to the motion to dismiss filed on November 30, 2004, " . . . this appeal is dismissed." NRAP 42(b). fn1[This appeal was previously dismissed as abandoned as to respondents Michael Sirigos and Helen Sirigos on February 10, 2004.] NNP/CLK 04-22284
12/07/2004Case Status Update Case Closed. No remittitur issued.