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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 42060
Short Caption:CO LINX VS. RANGELCourt:Supreme Court
Lower Court Case(s):Carson City - First Judicial District - 0300699AClassification:Civil Appeal - Administrative Agency - General
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/01/2003 / Eisenberg, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/09/2005How Submitted:On Briefs

+ Party Information

Docket Entries
09/19/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Santoro, Driggs, Walch, Kearney, Johnson & Thompson--check no. 2739.
09/19/2003Notice 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.) 03-15684
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.)
10/01/2003Notice/IncomingFiled Notice. Notice of Non-Participation. (Attorney Paul Matteoni) 03-16347
10/06/2003Docketing StatementFiled Docketing Statement. 03-16549
10/13/2003Notice/Outgoing Letter. Robert Eisenberg. (docketing statement)
11/18/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued for 100 to 110 days pending outcome of administrative agency matter. 03-19218
03/16/2004Order/ProceduralFiled Order. Mr. Matteoni has filed a 'Notice of Non-Participation.' Mr. Matteoni further represents that 'all issues regarding Reno Truss, Inc. are to be handle [sic] by James A. McCarty, Esq. of the law firm of Beckett & Yott, Ltd. on behalf of Employers Insurance Company of Nevada.' As Mr. Matteoni will not be representing Reno Truss in this appeal, the clerk of this court shall remove him as counsel of record. It is not clear, however, whether Mr. McCarty will be representing Reno Truss as well as Employers Insurance Company of Nevada ('EICON') in this appeal. Accordingly, Mr. McCarty shall file a notice informing this court whether he represents both Reno Truss and EICON in this appeal. We note that if Reno Truss does not have counsel this appeal will be removed from the settlement conference program. 04-04963
03/25/2004MotionFiled Response to Order to Show Cause. Employers Insurance Company Response to Order. 04-05611
04/23/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. Removing Appeal from Settlement Program and Reinstating Briefing. In response to this court's previous order, attorney James A. McCarty of the law firm of Becket & Yott, Ltd., informs this court that his firm represents only respondent Employers Insurance Company of Nevada ('EICON') in this appeal. Thus, it appears that respondent Reno Truss, Inc., is proceeding in proper person. Accordingly, this appeal is removed from the settlement conference program. 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). fn1[As Respondent Reno Truss, Inc., is proceeding in proper person, it shall not be allowed to file written briefs or documents in this appeal.] 04-07569
05/04/2004Settlement Program ReportFiled Interim Settlement Program Report. Pursuant to the Order filed 4/23/04, the settlement judge has closed his filed on this appeal. 04-08152
05/04/2004MotionFiled Motion. Motion for Reconsideration. 04-08196
05/10/2004Transcript RequestFiled Certificate of No Transcript Request. 04-08575
05/20/2004Order/ProceduralFiled Order. On May 4, 2004, respondent Express Personnel ('Express') filed a 'Motion for Reconsideration.' Express asks this court to reconsider our order removing this appeal from the settlement conference program because 'the Court has misapprehended the status and participation of Respondent Reno Truss, Inc.' Express represents that Reno was incorrectly named in the Notice of Appeal as a party, and that 'on a practical basis, Reno Truss, Inc. is not a proper party in this appeal.' Finally, Express represents that Reno 'was not a party to the judicial review proceedings below, as a matter of law pursuant to its failure to file a Notice of Intent to Participate as required by NRS 233B.130.' We note that Reno appears in the caption in the district court order being appealed from, is included in the district court docket entries, appears in the caption of the Notice of Appeal, and is identified in appellant's Case Appeal Statement as a respondent in this appeal. Nevertheless, in order to clarify this issue appellant shall, within 20 days from the date of this order, file a response to this order. Specifically, appellant shall show cause why Reno should not be dismissed from this appeal. Alternatively, if appellant agrees that Reno is not a party to this appeal, appellant shall, within that same time period, file a motion to dismiss the appeal as to Reno. In light of this order, we deny Express' motion for reconsideration. This appeal may, however, be returned to this court's settlement conference program if Reno is dismissed from this appeal or retains counsel. 04-09361
09/02/2004MotionFiled Stipulation. 04-16017
09/09/2004Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed September 2, 2004. The clerk shall file the opening brief and appendix received on September 3, 2004. Respondent shall have 30 days from the date of this order to file and serve the answering brief. 04-16518
09/09/2004BriefFiled Opening Brief. 04-16088
09/09/2004AppendixFiled Appendix to Opening Brief. 04-16089
09/14/2004MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Respondent Reno Truss, Inc. and for Reinstatement to Settlement Conference Program. 04-16849
09/29/2004MotionFiled Stipulation and Order. Respondents Rangel, Express Personnel, and Employers Insurance Company of Nevada. Briefs due: November 8, 2004. 04-18076
10/18/2004MotionFiled Stipulation. 04-19177
10/28/2004BriefFiled Answering Brief. EICON 04-19942
11/08/2004BriefFiled Answering Brief. Express Personnel. 04-20556
11/18/2004BriefFiled Answering Brief. Respondent Osbaldo Rangel's Answering Brief. 04-21329
12/17/2004BriefFiled Reply Brief. 04-23018
02/15/2005Notice/IncomingFiled Notice of Change of Address. Law firm of Piscevich & Fenner. 05-03034
02/28/2005Order/ProceduralFiled Order Denying Motion. This court removed this appeal from the settlement conference program because respondent Reno Truss, Inc. ('Reno') was proceeding in proper person. This court has also denied respondent Express Personnel's ('Express') motion for reconsideration of our order removing this appeal from the settlement conference program. Although this court entered an order denying Express' motion for reconsideration, that order directed appellant to show cause why Reno should not be dismissed from this appeal. Appellant did not file a response to that order. Respondent has filed a motion to dismiss Reno based on appellant's failure to file a response. We admonish counsel for appellant for that failure, and caution counsel that failing to comply with orders of this court in the future may result in the imposition of sanctions. We note that briefing of this appeal is completed, and a preliminary review of the briefs reveals that the parties have discussed the status of Reno in this litigation in their briefs. Accordingly, we deny Express' motion to dismiss Reno from this appeal. However, we will review the status of Reno in this matter as it is raised in the briefs during our resolution of this appeal on the merits. fn1[All briefs having been filed, we disapprove as moot the parties' stipulation for an extension of time for respondent Osbaldo Rangel to file and serve his answering brief.] 05-03837
06/09/2005Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 05-11384
06/09/2005Case Status Update Submitted for Decision. NNP05-WM/MD/RP
07/11/2005Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "REVERSE the order of the district court AND REMAND this matter to the district court for proceedings consistent with this court." NNP05-WM/MD/RP 05-13626
07/28/2005Filing Fee Filing Fee due.
07/28/2005Post-Judgment PetitionFiled Petition for Rehearing. Petition of Express Personnel for Rehearing (NRAP 40.) 05-15020
07/28/2005Notice/OutgoingIssued Notice to Pay Filing Fee on Rehearing. Due date: 10 days.
08/05/2005Filing FeeReceived Filing Fee Paid on Filing. $150 from Piscevich & Fenner, check no-18339.
09/08/2005Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP05-WM/MD/RP 05-17791
10/04/2005RemittiturIssued Remittitur. 05-17948
10/04/2005Case Status Update Remittitur Issued/Case Closed.
10/18/2005RemittiturFiled Remittitur. Received by County Clerk on October 5, 2005. 05-17948