judyrecords
600 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

WAL-MART VS. FRANZE C/W 35261

Case Information: 34817
Short Caption:WAL-MART VS. FRANZE C/W 35261Court:Supreme Court
Consolidated:34817*, 35261 Related Case(s): 35261
Lower Court Case(s):Clark Co. - Eighth Judicial District - A352533Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:09/24/1999 / Allf, NancySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:01/17/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/13/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Beckley firm-check no. 71919.
09/13/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-08587
09/24/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Nancy L. Allf. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
04/28/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-06957
04/28/2000Notice/OutgoingIssued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days
05/08/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. 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). 00-07534
05/30/2000Transcript RequestFiled Certificate of No Transcript Request. 00-09048
05/30/2000MotionFiled Motion to Extend Time. 00-09049
06/01/2000Order/Clerk'sFiled Clerk's Order. The docketing statement provisionally submitted on May 30, 2000, shall be filed, forthwith. 00-09204
06/01/2000Docketing StatementFiled Docketing Statement. 00-09088
06/12/2000MotionFiled Motion to Consolidate. (nos. 34817/35261). 00-09892
07/21/2000Order/Clerk'sFiled Clerk's Order. Appellant's unopposed motion to consolidate these appeals filed on June 12, 2000, is granted. The above-entitled appeals shall be consolidated for all appellate purposes. Nos. 34817, 35261. 00-12602
09/07/2000MotionFiled Stipulation. (Nos. 34817 and 35261). (Stipulation not granted-consolidated cases and in case no. 35261, briefing has been suspended per order filed 4/6/00.) 00-15763
09/18/2000TranscriptFiled Transcript. Proceedings: April 20, 1999. Court Reporter: Renee Silvaggio. Nos. 34817/35261 00-16455
09/21/2000Order/ProceduralFiled Order. Order Granting Motions for Extension of time and Reinstating Briefing. Docket No. 35261: on April 6, 2000, we ordered appellant to show cause within thirty days why this appeal should not be dismissed for lack of jurisdiction. Appellant finally submitted an untimely response to our show cause order on June 5, 2000, almost thirty days overdue. Because the jurisdictional defect appears cured, we hereby grant appellant's belated motions for additional time to file its response. fn2[We direct the clerk of this court to file the response received on June 5, 2000.] We caution appellant and appellant's counsel, that in the future such untimely responses to this court's show cause orders may result in the imposition of sanctions, including the dismissal of the appeal. We conclude that this appeal may proceed and briefing resume. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. Briefing shall proceed with NRAP 31(a)(1). Nos. 34817, 35261. 00-16676
09/27/2000Order/Clerk'sFiled Clerk's Order. On September 21, 2000, briefing was reinstated in these consolidated appeals, and a new briefing schedule was set forth. The stipulation for an extension of time to file the opening brief filed in Docket No. 34817 on September 7, 2000, is disapproved as moot. Nos. 34817, 35261. 00-17069
10/04/2000Order/ProceduralFiled Order. Transcripts have been filed in these consolidated appeals for proceedings held on the following dates: April 20, 1999, and April 22, 1999. Our review of the district court docket sheet indicates that no court proceedings were held in this case on April 19, 1999, and April 23, 1999, however, proceedings were held on April 21, 1999, and the transcripts for these proceedings have not been filed with this court. Free Lance Court Reporters shall have twenty (20) days from the date of this order within which to file and serve the remaining requested transcripts, to file a motion for an extension of time to do so, or to inform this court in writing why the requested transcripts cannot be produced. We admonish appellant's counsel for including in the transcript request form dates on which district court proceedings were not held. Nos. 34817, 35261. 00-17571
11/16/2000MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeals and for Sanctions Based on Appellant's Continued Disregard of This Court's Admonitions. Nos. 34817/35261. 00-20171
11/22/2000MotionFiled Motion and Order Extending Time. Brief due: December 20, 2000. (Nos. 34817 and 35261). 00-20511
11/22/2000MotionFiled Response to Motion. (nos. 34817/35261). 00-20598
11/29/2000MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeals and for Sanctions Based on Appelllant's Continued Disregard of this Court's Admonitions (nos. 34817/35261). 00-20844
12/07/2000MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply in Support of Motion to Dismiss Appeal and for Sanctions Based on Appellant's Continued Disregard of this Court's Admonitions (nos. 35261/34817). 00-21428
12/12/2000TranscriptFiled Transcript. Proceedings: April 21, 1999. Court Reporter: Diann Prock. (Nos. 34817 and 35261). 00-21691
12/22/2000MotionFiled Motion to Extend Time. Nos. 34817/35261 00-22319
01/02/2001MotionFiled Response to Motion. Opposition to Motion for Extension of Time to File Appellant's Opening Brief. Nos. 34817/35261. 01-00085
01/16/2001Letter/IncomingFiled Letter. from attorney Charles A. Michalek regarding Receipt of Copy to Respondent's Opposition to Appellant's Motion for an Extension of Time to file Opening Brief -- filed on 1/2/01. Nos. 34817/ 01-00912
01/19/2001Notice/IncomingFiled Errata. Errata to Opposition to Motion for Extension of Time to File Appellant's Opening Brief. Nos. 34817/35261. 01-01304
02/07/2001Letter/IncomingFiled Letter. from attorney Clark Seegmiller regarding the numerous extensions of time requested by appellant's attorney, Dan Polsenberg. Nos. 34817/35261 01-02474
02/21/2001MotionFiled Motion for Excess Pages. (nos. 34817/35261). 01-03244
02/21/2001MotionFiled Motion for Excess Pages. (Amended - 34817/35261). 01-03245
02/21/2001BriefReceived Opening Brief. Mailed on: LV Drop Box 2/16/01 (34817/35261). 01-03246
03/02/2001MotionFiled Response to Motion. Opposition to "Amended Motion for Leave to Exceed Page Limitation". 01-03871
03/27/2001Order/ProceduralFiled Order. The parties have filed various motions related to the prosecution of these appeals. This order resolves those motions. fn3[We grant respondent's motion filed on December 7, 2000, requesting leave to file a reply in support of the motion to dismiss. The clerk of this court shall file the reply in support of motion to dismiss appeal received on December 7, 2000.] fn5[We note that several of the complaints lodged by Messrs. Polsenberg and Seegmiller against each other in the documents discussed in this order and in letters received by this court appear trivial or inconsequential and seem to reflect personal animosity between counsel. We remind counsel that this court's resources are sufficiently strained without being involved in personal conflict between attorneys.] Having cautioned Mr. Polsenberg in our order entered on September 21, 2000, that 'future . . . untimely responses . . . may result in the imposition of sanctions,' we conclude that the imposition of sanctions against Mr. Polsenberg is warranted based on the failure to submit the opening brief and appendix by the requested new due date. Mr. Polsenberg shall, within 10 days from the date of this order, personally pay to respondent sanctions in the sum of $250 and file with the clerk of this court a certificate or affidavit verifying that such payment has been made. Having reviewed the motions, oppositions, replies and record before this court, we: (1) deny respondent's motion to dismiss this appeal and for sanctions; (2) deny, as moot, appellant's second motion for an extension of time to file the opening brief; (3) grant appellant's motion for leave to file a brief in excess of thirty pages; (4) direct the clerk of this court to file appellant's 36-page opening brief received on February 21, 2001, and appendix received on March 7, 2001; (5) direct respondent to file and serve the answering brief within 30 days from the date of this order; and (6) impose sanctions against Mr. Polsenberg as set forth in his order. Nos. 34817/35261. (01-05400) 01-05400
03/27/2001MotionFiled Reply to Response. Reply in Support of Motion to Dismiss Appeals and for Sanctions Based on Appellant's continued Disregard of this Court's Admonitions. Nos. 34817/35261. (00-21429) 00-21429
03/27/2001BriefFiled Opening Brief. Mailed on: LV Drop Box 2/16/01. Nos. 34817/35261-Brief in No. 34817. (01-03246) STRICKEN BY ORDER 05/09/01 01-03246
03/27/2001AppendixFiled Appendix to Opening Brief. Nos. 34817/35261-Appendix in No. 34817. (01-04134) 01-04134
04/05/2001MotionFiled Motion. Appellant's Acknowledgement of Sanction and Motion for Leave to File an Amended Opening Brief. Nos. 34817/35261. 01-05847
04/10/2001Notice/IncomingFiled Proof of Payment of Sanction. Affidavit of Daniel F. Polsenberg in Compliance with Court Order. Nos. 34817/35261. 01-06145
04/26/2001MotionFiled Stipulation. Nos. 34817/35261. 01-07027
05/09/2001Order/ProceduralFiled Order. Order Granting Motion and Approving Stipulation. We grant the unopposed motion filed on April 5, 2001. The clerk of this court shall strike the opening brief filed on March 27, 2001, and file the amended opening brief received on April 5, 2001. We approve the parties' stipulation for an extension of time filed on April 26, 2001. Respondent shall have until May 25, 2001, to file and serve the answering brief. Nos. 34817/35261. (01-07751) 01-07751
05/09/2001BriefFiled Amended Brief. Appellant's Amended Opening Brief. Nos. 34817/35261 (Original Brief filed in No. 34817.) 01-05848
05/25/2001BriefFiled Answering Brief. Mailed on: Fed Ex 05/24/01. Nos. 34817/35261. 01-08778
05/25/2001AppendixFiled Appendix to Answering Brief. Nos. 34817/35261. 01-08779
06/25/2001MotionFiled Motion and Order Extending Time. Brief due: July 6, 2001. Nos. 34817/35261. 01-10702
07/09/2001MotionFiled Motion to Extend Time. Nos. 34817/35261. 01-11529
07/11/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed July 9, 2001. Appellant's reply brief shall be served and filed on or before July 13, 2001. Nos. 34817/35261. (01-11678) 01-11678
07/17/2001BriefFiled Reply Brief. Mailed on: 07/13/01. Nos. 34817/35261. 01-12127
01/17/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 34817/35261. (02-01187) 02-01187
01/17/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML. Nos. 34817/35261.
05/14/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML. Nos. 34817/35261. 02-08450
06/11/2002RemittiturIssued Remittitur. Nos. 34817/35261 02-08545
06/11/2002Case Status Update Remittitur Issued/Case Closed.
07/22/2002RemittiturFiled Remittitur. Received by County Clerk on July 15, 2002. 02-08545