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United States Court Cases

Nevada Supreme/Appellate Court Record

BEDORE VS. FAMILIAN

Case Information: 42075
Short Caption:BEDORE VS. FAMILIANCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A465656Classification:Civil Appeal - General - Other
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:10/08/2003 / Tanksley, ThomasSP Status:Completed
Oral Argument:09/21/2005 at 10:30 AMOral Argument Location:Carson City
Submission Date:09/21/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/19/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Curran & Parry--check no. 12553.
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.) 03-15733
10/06/2003Docketing StatementFiled Docketing Statement. 03-16553
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.)
11/05/2003Filing Fee Returned Filing Fee. Check No. 12618 returned to Curran & Parry. (No fee due for supplemental notice of appeal.)
11/05/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 03-18492
11/05/2003MotionFiled Motion for Stay. Appellants' Motion for Stay of Final Judgments and Orders of District Court pending Appeal. 03-18495
11/06/2003Notice/Outgoing Letter. Thomas J. Tanksley. (Supplemental Notice of Appeal)
11/14/2003MotionFiled Response to Motion. Respondent's Opposition to Appellants' Motion for Stay of Final Judgments and Order of District Court Pending Appeal. 03-18971
11/14/2003MotionFiled Motion. Appellants' Emergency Motion and Supplement to Motion for Stay of Final Judgments and Orders of District Court Pending Appeal. 03-18972
11/14/2003Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Copy of Entry of Findings of Fact and Conclusions of Law. Filed in district court on: October 30, 2003. 03-19022
11/14/2003Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Copy of Notice of Entry of Final Judgement. Filed in district court on: October 30, 2003. 03-19023
11/18/2003Notice/Outgoing Letter. Thomas J. Tanksley. (district court order filed on 10/30/03)
11/18/2003MotionFiled Motion for Permission to File Document. Appellant's Motion for Leave to File Reply to Respondent's Opposition to Motion for Stay of Final Judgments and Orders of District Court Pending Appeal. 03-19203
11/19/2003Order/ProceduralFiled Order Denying Motion. On November 5, 2003, appellants moved for a stay pending appeal. Respondent has filed an opposition, to which appellants seek leave to file a reply. Appellants have also filed an "emergency" supplement to their stay motion, asking that the stay motion be resolved before November 20, 2003. We deny appellants' stay motion. Fn1 [We grant appellant's motion for leave to file a reply, and we direct the clerk of this court to file the reply, provisionally received on November 18, 2003.] Fn2 [In light of this order, we deny as moot the supplemental emergency motion.] 03-19276
11/19/2003MotionFiled Reply to Response. Appellant's Reply to Respondent's Opposition to Motion for Stay of Final Judgments and Orders of District Court Pending Appeal. 03-19204
11/19/2003MotionFiled Response to Motion. Respondent's Opposition to Appellants' Motion for Leave to File Reply to Respondent's Opposition to Motion for Stay of Final Judgments and Orders of District Court Pending Appeal. (No action required per Mitch Kurfis) 03-19284
11/19/2003Other Other. Filed Errata to Appellants' Reply to Respondent's Opposition to Motion for Stay of Final Judgments and Orders of District Court Pending Appeal. (No action required per Mitch Kurfis) 03-19285
11/24/2003Filing FeeReceived Filing Fee Paid on Filing. $250.00 on cross-appeal from Law Offices of John R. Bailey--check no. 2225.
11/24/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 03-19541
11/24/2003Notice/OutgoingIssued Notice. Parties are advised to notify this court immediately if a change of designation of parties is desired.
12/03/2003Notice/Outgoing Letter. Thomas J. Tanksley. (Notice of Cross-Appeal)
12/09/2003Docketing StatementFiled Docketing Statement. Appellant/Cross-Respondent. 03-20447
12/09/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 03-20483
12/10/2003Notice/Outgoing Letter. Thomas J. Tanksley. (docketing statement of appellant/cross-respondent)
01/13/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 04-00746
01/14/2004Filing Fee Returned Filing Fee. Check No. 12891 returned to Curran & Parry. (No fee due for supplemental notice of appeal.)
01/14/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 04-00837
01/15/2004Notice/Outgoing Letter. Thomas J. Tanksley. (amended notice of appeal)
01/22/2004Notice/Outgoing Letter. Thomas J. Tanksley. (Supplemental Notice of Appeal)
01/30/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 04-01986
03/15/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-04846
03/19/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant/cross-respondent (appellant) and respondents/cross- appellants (respondents) shall each 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 on appeal. Respondents shall have 30 days from service of appellant's opening brief to file and serve a combined answering brief on appeal and opening brief on cross-appeal. Appellant shall have 30 days from service of respondents' combined brief to file and serve a combined reply brief on appeal and answering brief on cross-appeal. Finally, respondents shall have 30 days from service of appellant's combined brief to file and serve a reply brief on cross-appeal, if deemed necessary. 04-05226
04/05/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 05/05/03. To Court Reporter: Janice Liston. 04-06170
04/05/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/13/03, 12/08/03, and 12/15/03. To Court Reporter: Kit McDonald. 04-06172
04/14/2004TranscriptFiled Transcript. Proceedings: May 5, 2003. Court Reporter: Janice R. Liston. 04-06908
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
05/26/2004TranscriptFiled Transcript. Proceedings: 11/13/03, 12/08/03, 12/15/03. Court Reporter: Kit MacDonald. 04-09684
06/29/2004Order/ProceduralFiled Order. to Request Transcripts. Respondents/cross-appellants shall have 10 days from the date of this order to request transcripts in compliance with NRAP 9(a). If respondents/cross-appellants will only be citing to those transcripts already requested by appellant/cross-respondent, respondents/cross-appellants shall file and serve a certificate indicating that no additional transcripts are being requested. 04-11896
07/16/2004MotionFiled Stipulation and Order. Brief due: July 30, 2004. 04-12961
08/02/2004BriefFiled Opening Brief. Appellant/Cross-Respondent. 04-13951
08/02/2004AppendixFiled Joint Appendix. Vols. 1 through 6. 04-13952
09/07/2004MotionFiled Motion and Order Extending Time. Brief due: 10/1/04. 04-16306
10/01/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). We again direct respondents/cross-appellants to either request transcripts in compliance with NRAP 9(a) or file and serve a certificate indicating that no additional transcripts are requested. Respondents 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 respondents' cross-appeal. 04-18187
10/06/2004MotionFiled Motion to Extend Time. Motion for Extension of Time in Which to File Respondents' Answering Brief and Cross-Appellants' Opening Brief. 04-18494
10/11/2004Order/ProceduralFiled Order Granting Motion. filed October 6, 2004. Respondents/cross-appellants (respondents) shall have until November 1, 2004, to file and serve their answering brief on appeal and opening brief on cross-appeal. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-18788
10/14/2004Transcript RequestFiled Certificate of No Transcript Request. Issued Notice to Provide Completed Proof of Service. 04-19071
10/18/2004BriefFiled Answering Brief. Respondents/Cross-Appellants. 04-19221
10/18/2004AppendixFiled Appendix to Answering Brief. Respondents/Cross-Appellants. Supplemental Joint Appendix. 04-19222
10/21/2004Notice/IncomingFiled Proof of Service. of Request for Transcripts. 04-19458
10/27/2004Notice/IncomingFiled Notice. Appellant's Notice of Change of Firm Name and Address. Law Offices of John R. Bailey is now known as Bailey Merrill. 04-19866
11/17/2004MotionFiled Stipulation and Order. Appellant's Reply/Cross-Respondent's Answering Brief due: December 17, 2004. 04-21105
12/08/2004MotionFiled Motion to Extend Time. Appellant's Reply/Cross-Respondent's Answering/Reply Brief 04-22366
12/10/2004Order/ProceduralFiled Order Granting Motion. filed December 8, 2004. Appellant/ cross-respondent shall have until January 17, 2005, to file and serve the reply brief on appeal and answering brief on cross-appeal. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-22618
01/20/2005BriefFiled Reply Brief. Appellant/Cross-Respondent Reply Brief (Appellants' Answering/Reply Brief). 05-01269
02/22/2005MotionFiled Motion to Extend Time. 05-03549
02/22/2005BriefFiled Reply Brief on Cross-Appeal. (Respondent's Answering Brief and Cross-Appellant's Reply Brief). 05-03552
02/24/2005Order/Clerk'sFiled Clerk's Order. as Moot. On February 22, 2005, respondents'/cross-appellants ("respondents") filed a motion requesting an extension of time to file their reply brief on cross-appeal. Respondents' reply brief having been timely filed on February 22, 2005, the motion is denied as moot. 05-03735
03/28/2005MotionFiled Motion. Motion to Expedite Appeal. 05-05999
04/04/2005MotionFiled Response to Motion. Bedore's Response to Motion to Expedite Appeal. 05-06520
04/08/2005Order/ProceduralFiled Order Granting Motion. to Expedite. Presently before the court is cross-appellants' motion to expedite this appeal. Appellant has no opposition to expediting the appeal. We shall expedite this appeal and cross-appeal to the extent permitted by this court's crowded docket. 05-06908
07/15/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 21, 2005, at 10:30 a.m. (SNP06-WM/MG/JH)
09/07/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
09/21/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH
01/19/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded." Before Maupin, Gibbons and Hardesty, JJ. Author: Gibbons, J. We concur: Maupin, J. and Hardesty, J. 122 Nev. Adv. Opn. No. 2. SNP06 06-01268
02/08/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from Bailey Merrill, LLP-check no. 10068.
02/08/2006Post-Judgment PetitionFiled Petition for Rehearing. 06-02807
02/21/2006Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Respondents shall have 15 days to file and serve an answer to the petition. No extensions of time shall be allowed absent extreme and unforeseeable circumstances. 06-03724
03/09/2006MotionFiled Motion. Motion to Expedite Consideration of Petition for Rehearing and to Shorten Time for Issuance of Remittitur. (Filed via fax.) 06-05221
03/13/2006Post-Judgment PetitionFiled Answer to Petition for Rehearing. 06-05351
03/13/2006MotionFiled Motion. Motion to Expedite Consideration of Petition for Rehearing and to Shorten Time for Issuance of Remittitur. (ORIGINAL--filed via fax on 03/9/06) 06-05221
03/16/2006Post-Judgment OrderFiled Order/Rehearing Denied. Appellant/cross-respondent has petitioned this court for rehearing. "We deny the petition." NRAP 40(c). We grant the motion to expedite consideration of appellant's petition and to shorten time for issuance of the remittitur. The clerk shall issue the remittitur forthwith. 06-05736
03/16/2006RemittiturIssued Remittitur. 06-06022
03/16/2006Case Status Update Remittitur Issued/Case Closed.
03/20/2006MotionFiled Response to Motion. Rory Bedore's Opposition to Motion to Expedite Consideration of Petition for Rehearing and to Shorten Time for Issuance of Remittitur. 06-05883
03/27/2006Order/ProceduralFiled Order. We elect to treat appellant's opposition filed on March 20, 2006, as a motion to recall the remittitur. We deny appellant's motion. This denial is without prejudice to appellant's right to file a timely petition for en banc reconsideration. 06-06343
03/30/2006RemittiturFiled Remittitur. Received by County Clerk on March 20, 2006. 06-06022