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Nevada Supreme/Appellate Court Record


Case Information: 34819
Short Caption:STEEL ENGINEERS VS. BURNS C/W 34015Court:Supreme Court
Consolidated: 34015 *, 34819Related Case(s): 34015
Lower Court Case(s):Clark Co. - Eighth Judicial District - A351566
Clark Co. - Eighth Judicial District - A351372
Classification:Civil Appeal - General - Other
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice BeckerPanel Assigned: Panel
To SP/Judge:09/24/1999 / Elliott-Tavano, JenniferSP Status:Completed
Oral Argument:09/06/2001 at 10:00 AMOral Argument Location:Carson City
Submission Date:10/09/2001How Submitted:On Briefs

+ Party Information

Docket Entries
09/13/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Foley firm-check no. 10096
09/13/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-08603
09/24/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Jennifer Elliott-Tavano. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
02/02/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 00-01676
02/15/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement of this appeal. Appellants: 15 days to file the docketing statement. Upon the filing of the docketing statement, this court shall conduct a preliminary jurisdictional review of this appeal. Appellants: 15 days to comply with NRAP 9(a); 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to Foley firm and Oakes, counsel for appellants.) 00-02348
03/01/2000Docketing StatementFiled Docketing Statement. (Joint). 00-03216
03/01/2000Transcript RequestFiled Certificate of No Transcript Request. Appellants' Joint Certificate of No Transcript Request. (Foley and Oakes) 00-03242
06/19/2000BriefFiled Opening Brief. Appellant's (Joint) Opening Brief. Mailed on: Las Vegas Drop Box. 00-10409
06/19/2000AppendixFiled Appendix to Opening Brief. Appellant's (Joint) Appendix. 00-10410
07/17/2000MotionFiled Stipulation and Order. Brief due: August 17, 2000. 00-12340
08/21/2000BriefFiled Answering Brief. Mailed on: 8/17/00. 00-14599
08/21/2000AppendixFiled Appendix to Answering Brief. Vols. 1 through 6. 00-14600
08/30/2000MotionFiled Motion to Consolidate. Motion to Consolidate Appeal No. 34819 with Appeal No. 34015 (nos. 34015/34819).
09/11/2000MotionFiled Motion. Joinder in Appellant's Motion to Consolidate Appeal No. 34819 & 34015. Doc. No. 00-15954
09/11/2000MotionFiled Stipulation and Order. Brief due: October 13, 2000. 00-15956
09/19/2000Order/ProceduralFiled Order/Consolidation. We grant the parties' joint motion to consolidate these appeals, and we hereby consolidate the above-entitled matters for argument, if any, and for disposition. Nos. 34015, 34819. Document No. 00-16545.
10/16/2000BriefFiled Reply Brief. Mailed on: LV Drop Box. (Filed in 34819 only.) Nos. 34819 & 34015. 00-18295
10/16/2000AppendixFiled Appendix to Reply Brief. Vols. 1 and 2. (Filed in 34819 only.) Nos. 34819 & 34015. 00-18296
03/16/2001Order/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. 34015/34819. (01-04780)
03/16/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-CY/ML/NB. Nos. 34015/34819.
06/06/2001MotionFiled Motion. Motion for Oral Argument. Nos. 34015/34819 (01-09435).
07/17/2001Order/ProceduralFiled Order. Order Scheduling Oral Argument. On March 16, 2001, this court issued an order submitting these consolidated appeals for disposition without oral argument. Thomas Burns and Barbara Burns have now filed a motion requesting that this court schedule these matters for oral argument. We grant the unopposed motion. The clerk of this court shall schedule these appeals for oral argument on the court's first available calendar. Argument shall be limited to 30 minutes. Nos. 34015/34819. (01-12116)
07/25/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on September 6, 2001, at 10:00 a.m. (SNP01A-WM/CY/ML) (Nos. 34015 and 34819)
08/23/2001Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 34015 and 34819)
08/23/2001BriefFiled Supplemental Authorities. (Thomas F. Burns, etc...) Nos. 34015/34819 (01-14314).
08/24/2001Order/ProceduralFiled Order. On August 23, 2001, Thomas F. Burns and Barbara Burns filed a document entitled "Supplemental Authorities." This court shall disregard the supplemental authorities to the extent it improperly presents additional arguments on matters previously discussed in the briefs or contains documents not presented to the district court below. The opposing parties shall have until August 29, 2001, to file and serve a response, if deemed necessary, to the Burns' supplemental authorities. Nos. 34015/34819 (01-14405)
09/06/2001Case Status Update Oral Argument Held this Day. Case Submitted for Decision.. Before the Southern Nevada Panel. These consolidated appeals shall stand submitted upon the filing of supplemental briefs. Nos. 34015/34819. SNP01A-WM/CY/ML
09/10/2001Order/ProceduralFiled Order. These consolidated appeals were argued before the Southern Nevada Panel on September 6, 2001. The parties are hereby directed to file supplemental briefs addressing the district court's determination that there was no issue of fact regarding the ESOP valuation. Appellants in docket No. 34015 shall have 10 days from the date of this order to file and serve their supplemental brief. Respondents shall have 10 days from service of appellants' brief to file and serve a supplemental response brief. Appellants shall have 5 days from service of respondents' brief to file and serve a supplemental brief. If appellants do not intend to file a supplemental reply brief, they shall so inform the clerk of this court in writing within the same time period. (These supplemental briefs are to be filed in Nos. 34015 and 34819). Nos. 34015/34819. (01-15187)
09/19/2001BriefFiled Supplemental Brief. Appellant's Supplemental Opening Brief. Mailed on: 09/17/01. Nos. 34015/34819 (01-15821).
09/19/2001AppendixFiled Appendix. Appellant's Supplemental Appendix. Nos. 34015/34819 (01-15822).
10/02/2001BriefFiled Supplemental Brief. Respondents' Supplemental Answering Brief. Nos. 34015/34819 (01-16559)
10/09/2001BriefFiled Supplemental Brief. Appellant's Supplemental Reply Brief. Mailed on: LV Drop Box 10/05/01. Nos. 34015/34819 (01-16894).
10/09/2001Case Status Update Submitted for Decision. Submitted on Supplemental Briefs.
12/04/2001Order/DispositionalFiled Dispositional Order/Appeal. Affirming in Part, Reversing in Part and Remanding. We conclude that the district court properly granted the respondents' motion for summary judgment. We additionally conclude that the district court erred in failing to explain its rationale for denying the respondents' request for attorney fees. "ORDER the district court's summary judgment AFFIRMED AND ORDER the district court's order denying attorney fees REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." SNP01A-WM/CY/ML. Nos. 34015/34819. 01-20292
12/19/2001MotionFiled Motion. Steel Engineers, Inc.'s Verified Bill of Costs. Nos. 34015/34819 (01-21423)
12/19/2001MotionFiled Motion. Robert O. Kurth, Individually and as Trustee of the Kurth Revocable Trust, et. al's Verified Bill of Costs. Nos. 34015/34819 (01-21424)
12/24/2001MotionFiled Motion. Motion to Disallow Taxing of Excessive Costs. Nos. 34015/34819. (01-21620)
01/03/2002Order/ProceduralFiled Order Granting Motion. On December 4, 2001, this court entered an order in these consolidated appeals affirming the district court's order granting summary judgment in favor of respondents, and reversing and remanding the district court's order denying respondents' motion for attorney fees. fn1[For simplicity, we refer to respondents in Docket Number 34015 and appellants in Docket Number 34819, collectively as "respondents," and appellants in Docket Number 34015 and respondents in Docket Number 34819 as "appellants."] On December 19, 2001 respondents Steel Engineers, Inc. and Robert O. Kurth each filed verified bills of costs. Steel Engineers claimed costs totaling $2,169.25 and Mr. Kurth claimed costs totaling $262.79.On December 24, 2001, appellants filed "Motion to Disallow Taxing of Excessive Costs.' We grant appellants' motion. The clerk of this court shall include memoranda of costs for insertion in the remittitur for the maximum allowable amount of $250 in favor of Steel Engineers, Inc. and Mr. Kurth, respectively. Nos. 34015/34819. (02-00121)
01/03/2002RemittiturIssued Remittitur. Memorandum of Costs and Disbursements allowed and taxed in the amount of $250.00 each issued to Daniel T. Foley, Esq. and J. Michael Oakes, Esq. Nos. 34015/34819 01-20350
01/03/2002Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on January 8, 2002. 01-20350