| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/22/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Charles M. Kilpatrick, Ltd.--check no. 7667. | | |
| 09/22/2003 | 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.) | | 03-15805
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| 09/30/2003 | Docketing Statement | Filed Docketing Statement. | | 03-16261
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| 10/01/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Robert Eisenberg. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 11/05/2003 | Settlement Notice | Issued Notice: Settlement Judge Reassignment. New Settlement Judge: Patrick O. King. | | |
| 11/14/2003 | Settlement Program Motion/Stipulation | Filed Settlement Program/Stipulated Dismissal. Letter from Linda J. Linton of Perry & Spann informing this court that respondent McDonalds asserts a peremtory challenge to Settlement Judge Pat King and requests another settlement judge. MISSING | | 03-18987
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| 11/24/2003 | Order/Procedural | Filed Order. November 5, 2003. On November 13, 2003, counsel for respondent McDonald's Travel 'n' Fun, attorney Linda J. Linton, filed a letter addressed to the clerk of this court stating that she "hereby asserts a preemptory challenge to the Settlement Conference Judge Patrick O. King and requests another randomly selected Supreme Court Settlement Judge in this matter." fn1[We remind counsel that any request for relief should be made by formal motion, not by a letter addressed to the clerk of the court.] We note that the Nevada Rules of Appellate Procedure do not provide any basis for a "preemptory challenge" to the assignment of a settlement judge. See NRAP 16. Any request for recusal must be directed to the settlement judge, and the decision to recuse is within the settlement judge's discretion. Accordingly, no action will be taken with regard to Ms. Linton's letter. | | 03-19530
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| 12/10/2003 | Settlement Notice | Issued Notice: Settlement Judge Reassignment. New Settlement Judge: Carolyn Worrell. | | |
| 02/04/2004 | Motion | Filed Motion to Consolidate. Nos. 42716/42082. | | 04-02257
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| 03/22/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 42082/42716-not consolidated. | | 04-05396
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| 04/29/2004 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. Order Consolidating Appeals and Reinstating Briefing. Appellants have filed a motion to consolidate these related appeals. Cause appearing, we grant the unopposed motion. See NRAP 3(b). The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellants: 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). Nos. 42082/ 42716. (04-07832) | | 04-07832
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| 05/13/2004 | Transcript Request | Filed Certificate of No Transcript Request. Nos. 42082/42716. | | 04-08953
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| 05/14/2004 | Notice/Incoming | Filed Notice of Association of Counsel. Representing appellants: Robert L. Eisenberg of Lemons, Grundy & Eisenberg. Nos. 42082/42716. (04-08987) | | 04-08987
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| 08/30/2004 | Motion | Filed Motion and Order Extending Time. Brief due: September 27, 2004. Nos. 42082/42716. | | 04-15719
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| 09/27/2004 | Motion | Filed Motion and Order/Excess Pages. Motion for Permission to File 34-Page (Opening) Brief. Granted: 34 pages. Nos. 42082/42716. | | 04-17889
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| 09/27/2004 | Brief | Filed Opening Brief. Nos. 42082/42716. | | 04-17890
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| 09/27/2004 | Appendix | Filed Appendix to Opening Brief. Nos. 42082/42716. | | 04-17891
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| 10/25/2004 | Motion | Filed Motion to Extend Time. Motion for Extension of Time for Filing Responding Brief. Nos. 42082/42716. | | 04-19732
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| 10/25/2004 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal as to McDonald's Travel 'N' Fun (Third-Party Defendant Below) for Lack of Jurisdiction for Failure of the Estate of Daniel James Clayton (Third-Party Plaintiff Below) to File Notice of Appeal Pursuant to NRAP 4. Nos. 42080/42716. | | 04-19733
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| 10/27/2004 | Brief | Filed Answering Brief. Estate of Clayton. Nos. 42082/42716. | | 04-19831
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| 10/28/2004 | Motion | Filed Response to Motion. Appellants' Response to Motion to Dismiss Appeal as to McDonald's Travel 'N' Fun. Nos. 42082/42716. | | 04-19931
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| 10/28/2004 | Motion | Filed Response to Motion. Appellants' Opposition to Motion for Extension of Time. Nos. 42082/42716. | | 04-19932
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| 11/30/2004 | Motion | Filed Motion to Extend Time. Motion for Extension of Time for Filing Reply Brief in Response to Answering Brief of Estate of Clayton, and Motion for Clarification Regarding Briefing Schedule. Nos. 42082/42716. (04-21813) | | 04-21813
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| 12/21/2004 | Order/Procedural | Filed Order. Partially Dismissing Appeal in No. 42082. McDonald's Travel argues that it should be dismissed from this appeal. We agree. Simply, Clayton's estate never appealed the district court's order dismissing its third-party claim; therefore, the dismissal is not at issue in this appeal. Accordingly, we dismiss McDonald's Travel from the appeal in Docket No. 42082. Appellants have moved for an extension of time to file their reply brief. We grant appellant's motion. Appellant's reply brief is due thirty days from the date of this order. fn2[In light of this order we deny as moot McDonald's Travel's motion for an extension of time to file an answering brief.] Nos. 42082/42716 | | 04-23288
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| 12/23/2004 | Brief | Filed Reply Brief. Nos. 42082/42716. | | 04-23425
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| 03/30/2005 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | | |
| 04/20/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 29, 2005, at 9:00 a.m. (En Banc) (Nos. 42082/42716) | | |
| 06/14/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. (Nos. 42082/42716) | | |
| 06/29/2005 | Case Status Update | Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 42082/42716. | | |
| 09/15/2005 | Opinion/Dispositional | Filed Per Curiam Opinion. Reversed and remanded (Docket No. 42082); dismissed as moot (Docket No. 42716). "Reversed and remanded." Before the Court EN BANC. Author: Per Curiam. Majority: Becker, C.J., Rose, Maupin, Gibbons, Douglas, Hardesty, and Parraguirre, JJ. 121 Nev. Adv. Opn. No. 53. EN BANC. Nos. 42082/42716 | | 05-18281
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| 10/11/2005 | Remittitur | Issued Remittitur. | | 05-18415
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| 10/11/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/18/2005 | Remittitur | Filed Remittitur. Received by County Clerk on October 12, 2005. | | 05-18415
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