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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 42082
Short Caption:JACOBSON VS. ESTATE OF CLAYTON C/W 42716Court:Supreme Court
Consolidated:42082*, 42716
Lower Court Case(s):Carson City - First Judicial District - 0201003AClassification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:12/10/2003 / Worrell, CarolynSP Status:Completed
Oral Argument:06/29/2005 at 9:00 AMOral Argument Location:Carson City
Submission Date:06/29/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
09/22/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Charles M. Kilpatrick, Ltd.--check no. 7667.
09/22/2003Notice 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.) 03-15805
09/30/2003Docketing StatementFiled Docketing Statement. 03-16261
10/01/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert Eisenberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/05/2003Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Patrick O. King.
11/14/2003Settlement Program Motion/StipulationFiled 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
11/24/2003Order/ProceduralFiled 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
12/10/2003Settlement NoticeIssued Notice: Settlement Judge Reassignment. New Settlement Judge: Carolyn Worrell.
02/04/2004MotionFiled Motion to Consolidate. Nos. 42716/42082. 04-02257
03/22/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 42082/42716-not consolidated. 04-05396
04/29/2004Settlement Order/ProceduralFiled 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
05/13/2004Transcript RequestFiled Certificate of No Transcript Request. Nos. 42082/42716. 04-08953
05/14/2004Notice/IncomingFiled Notice of Association of Counsel. Representing appellants: Robert L. Eisenberg of Lemons, Grundy & Eisenberg. Nos. 42082/42716. (04-08987) 04-08987
08/30/2004MotionFiled Motion and Order Extending Time. Brief due: September 27, 2004. Nos. 42082/42716. 04-15719
09/27/2004MotionFiled Motion and Order/Excess Pages. Motion for Permission to File 34-Page (Opening) Brief. Granted: 34 pages. Nos. 42082/42716. 04-17889
09/27/2004BriefFiled Opening Brief. Nos. 42082/42716. 04-17890
09/27/2004AppendixFiled Appendix to Opening Brief. Nos. 42082/42716. 04-17891
10/25/2004MotionFiled Motion to Extend Time. Motion for Extension of Time for Filing Responding Brief. Nos. 42082/42716. 04-19732
10/25/2004MotionFiled 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
10/27/2004BriefFiled Answering Brief. Estate of Clayton. Nos. 42082/42716. 04-19831
10/28/2004MotionFiled Response to Motion. Appellants' Response to Motion to Dismiss Appeal as to McDonald's Travel 'N' Fun. Nos. 42082/42716. 04-19931
10/28/2004MotionFiled Response to Motion. Appellants' Opposition to Motion for Extension of Time. Nos. 42082/42716. 04-19932
11/30/2004MotionFiled 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
12/21/2004Order/ProceduralFiled 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
12/23/2004BriefFiled Reply Brief. Nos. 42082/42716. 04-23425
03/30/2005Notice/OutgoingIssued 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.
04/20/2005Notice/OutgoingIssued 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)
06/14/2005Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 42082/42716)
06/29/2005Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC. Nos. 42082/42716.
09/15/2005Opinion/DispositionalFiled 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
10/11/2005RemittiturIssued Remittitur. 05-18415
10/11/2005Case Status Update Remittitur Issued/Case Closed.
10/18/2005RemittiturFiled Remittitur. Received by County Clerk on October 12, 2005. 05-18415