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United States Court Cases

Nevada Supreme/Appellate Court Record

OUSLEY VS. YACK CONSTRUCTION

Case Information: 42081
Short Caption:OUSLEY VS. YACK CONSTRUCTIONCourt:Supreme Court
Related Case(s): 43845
Lower Court Case(s):Clark Co. - Eighth Judicial District - A440848Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/30/2003 / Segel, M.SP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:04/11/2005How Submitted:On Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/22/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Cuthbert E.A. Mack--Washington Mutual Bank M.O. # 497610645.
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.) 03-15781
09/30/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/12/2003Other Returned Unfiled Document.
12/01/2003MotionFiled Motion to Extend Time. 03-19883
12/01/2003Docketing StatementReceived Docketing Statement. 03-19884
12/08/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed December 1, 2003. The clerk shall file the docketing statement received on December 1, 2003. 03-20311
12/08/2003Docketing StatementFiled Docketing Statement. 03-19884
01/05/2004Notice/OutgoingIssued Notice of Modification of Caption. (Added American Casualty Co. as a respondent.) 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.
01/07/2004Notice/Outgoing Letter. M. Nelson Segel. (docketing statement)
01/28/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-01787
02/12/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. In that report, the settlement judge states that he 'has been advised that the Appellant filed a petition pursuant to Chapter 13 of the Bankruptcy Code.' An appeal, for purposes of the automatic bankruptcy stay, is considered a continuation of the action in the trial court. Consequently, an appeal is subject to the automatic bankruptcy stay if the debtor was the defendant in the underlying trial court action. We note that appellant was the plaintiff in the action below. Thus, it does not appear that the automatic bankruptcy stay applies to this appeal. Accordingly, we reinstate the deadlines for requesting transcripts and filing briefs. If appellant believes that the stay does apply he shall inform this court in writing of that fact within 20 days from the date of this order and provide any supporting authorities or orders entered in the bankruptcy proceedings. Appellant shall have 15 days from the date of this order to comply with NRAP 9(a). Appellant shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-02775
02/19/2004Order/ProceduralFiled Order/Show Cause. Appellant shall have 30 days from the date of this order to clarify whether he is attempting to appeal from the December 31, 2002 order confirming the arbitration award, and/or the August 21, 2003 order denying NRCP 60(b) relief. Appellant's counsel, within the same time, shall file an amended docketing statement and show cause why he should not be sanctioned for not fully and accurately completing the original docketing statement and attaching all required documents. The preparation of transcripts and the briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that appellant's response is served. (Docketing statement mailed to counsel for appellant.) 04-03200
04/15/2004Docketing StatementReceived Docketing Statement. 04-06974
04/27/2004Order/CounselFiled Order/Sanctions. Appellant shall, within ten days from the date of this order, file a motion for an extension of time setting forth cause for filing the late docketing statement, and provide the required documents. In addition, Cuthbert E. A. Mack has not otherwise responded to our order to show cause. Accordingly, we conclude that sanctions are warranted, and we sanction Mack the sum of $100.00. Mack shall personally pay $100.00 to the Supreme Court Law Library, and shall provide proof of such payment to the clerk of this court within fifteen days from the date of this order. We caution Mack that failure to comply with any part of this order in a timely manner may result in the imposition of additional sanctions. 04-07703
07/12/2004Order/CounselFiled Order/Sanctions. To date, Cuthbert E. A. Mack has not provided proof of the sanction's payment, nor has he responded to our April 27, 2004 order in any way. He has not provided proof of payment of the sanction; he has not filed a motion for an extension of time to file the amended docketing statement; and he has not provided the documents required by the docketing statement. Consequently, we conclude that additional sanctions are warranted, and we sanction Mack the sum of $500.00 payable to the Supreme Court Law Library. Mack shall have fifteen days from the date of this order to pay the $100.00 sanction originally imposed on him, and the additional $500.00. Within the same time period, Mack shall file with this court proof of payment of both sanctions. Further, Mack shall, within fifteen days from the date of this order, file a motion for an extension of time setting forth cause for filing the late docketing statement, and provide the required documents. We caution Mack that failure to comply with any part of this order in a timely manner may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. Moreover, we caution Mack that failure to timely file a motion for an extension of time to file the amended docketing statement, and/or failure to provide the required documents may result in our dismissal of this appeal as abandoned. 04-12599
07/26/2004Notice/IncomingFiled Proof of Payment of Sanction. Total of $400 to Supreme Court Law Library from attorney Cuthbert E.A. Mack. 04-13537
07/30/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to Fully Comply with the Court Order of July 12, 2004. 04-13877
08/02/2004Notice/IncomingFiled Proof of Payment of Sanction. Cuthbert E. A. Mack - Check no. 1365 in the amount of $200 ($400 was paid on 7/26/04). 04-14007
08/16/2004MotionFiled Motion to Extend Time. 04-14776
08/27/2004Order/ProceduralFiled Order. Reinstating Briefing. On August 16, 2004, appellant filed a motion for an extension of time to file his amended docketing statement. Attached to his motion are the documents requested in the docketing statement. Additionally, Mack filed proof of payment of sanctions. Accordingly, we grant appellant's July 30, 2004 motion for an extension of time to fully comply with our July 12, 2004 order, and appellant's August 16, 2004 motion for an extension of time to file the amended docketing statement. We direct the clerk of this court to file the amended docketing statement, provisionally received on April 15, 2004. we reinstate the briefing schedule. Appellant shall have fifteen days from the date of this order to comply with NRAP 9(a), and one-hundred and twenty days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-15569
08/27/2004Docketing StatementFiled Docketing Statement. 04-06974
09/27/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. 04-17783
10/07/2004MotionFiled Motion. Motion to Withdraw as Counsel of Record and to Stay All Proceedings pending the Court's Order on This Motion. 04-18581
12/14/2004Order/ProceduralFiled Order Granting Motion. Attorney Cuthbert E.A. Mack has filed a 'Motion to Withdraw as Counsel of Record and to Stay all Proceedings Pending the Court's Order on this Motion.' The motion was served on appellant and it has not been opposed. Cause appearing, we grant the motion in part. The clerk shall remove Mr. Mack as counsel of record for appellant. We decline Mr. Mack's request to indefinitely stay the proceedings in this appeal. Instead, we vacate the portions of our August 27, 2004, and September 27, 2004, orders that directed appellant to request transcripts in compliance with NRAP 9(a) and that established a briefing schedule for this appeal. Appellant shall have 60 days from the date of this order to retain new counsel and cause new counsel to file a notice of appearance with this court. We caution appellant that failure to retain new counsel may result in this appeal proceeding as a proper person appeal. See NRAP 46(b). 04-22815
03/28/2005Order/ProceduralFiled Order/Transmit Record and Directing Response. We conclude that appellant will not be retaining new counsel and will be proceeding in proper person. This appeal will be resolved on the merits based on this court's review of the record on appeal. Record due 30 days. See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings; the record shall not include any exhibits filed in the district court. 05-05952
04/11/2005Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 and 2. 05-07080
04/11/2005Case Status Update Submitted for Decision.
05/09/2005Notice/IncomingFiled Notice of Change of Address. Diana L. Sullivan, formerly with Jones Vargas, is now with the law offices of Ghanem & Sullivan. 05-09048
09/09/2005Order/ProceduralFiled Order/Civil Proper Person Appeal Statement. Appellant must file the appeal statement on or before 10/19/05. No response required unless ordered by this court. (Pilot program civil appeal statement mailed to proper person appellant.) 05-17842
10/21/2005BriefFiled Civil Proper Person Appeal Statement. 05-20930
02/21/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH 06-03758
03/21/2006RemittiturIssued Remittitur. 06-04378
03/21/2006Case Status Update Remittitur Issued/Case Closed.
03/30/2006RemittiturFiled Remittitur. Received by County Clerk on March 23, 2006. 06-04378