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United States Court Cases

Nevada Supreme/Appellate Court Record

NGA #2 VS. RAINS

Case Information: 34612
Short Caption:NGA #2 VS. RAINSCourt:Supreme Court
Related Case(s): 34665 , 38815 , 39088 , 39345 , 39645
Lower Court Case(s):Clark Co. - Eighth Judicial District - A353668Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:08/16/1999 / Christensen, CarlSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/03/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Curran firm-check no. 7673.
08/03/1999MotionFiled Motion for Stay. Emergency Motion for Stay. 99-07111
08/03/1999AppendixFiled Appendix. Appendix to Appellant's Emergency Motion for Stay. 99-07113
08/03/1999Order/ProceduralFiled Order. Order Imposing Temporary Stay. We temporarily stay the district court's decision of May 26, 1999, pending receipt and consideration of any opposition to the motion. Respondents may file an opposition within 10 days. 99-07136
08/03/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Filed fax copy of notice of appeal - not certified. 99-07147
08/06/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Received from Clark County Clerk. 99-07264
08/13/1999MotionFiled Response to Motion. Opposition to Emergency Motion for Stay of Final Judgment. 99-07524
08/16/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Carl J. Christensen. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/16/1999Letter/IncomingFiled Letter. Letter from attorney Robert Parry enclosing copies district court documents. 99-07641
08/19/1999Transcript RequestFiled Request for Transcript of Proceedings. 05/10/99; 05/19/99; 05/24/99; and 08/02/99 Proceedings: To Court Reporters: Kimberly D. McAndrews and Carrie Hansen. 99-07743
08/23/1999MotionFiled Motion for Permission to File Document. Appellant's Petition for Permission to File a Reply to Respondent's Opposition to Emergency Motion for Stay. (Mailed on 8/20/99--USPS Express Mail) 99-07839
08/23/1999TranscriptFiled Transcript. Proceedings: August 2, 1999. Court Reporter: Carrie A. Hansen. 99-07870
08/24/1999Notice/Outgoing Letter.
09/03/1999Letter/IncomingFiled Letter. Letter regarding a ruling on Emergency Motion for Stay. 99-08321
09/07/1999Notice/IncomingFiled Notice. Errata to Appellant's Reply to Respondent's Opposition to Emergency Motion for Stay. 99-08399
09/13/1999Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 4, 1999. 99-08594
09/29/1999MotionFiled Motion. Motion to Expedite Decision on Emergency Motion for Stay. 99-09325
09/30/1999Order/ProceduralFiled Order Granting Motion. Order Granting Motion for Stay. We hereby grant the motion for a stay on the condition that appellant file a bond in the district court. We remand this matter to the district court for the limited purpose of determining the appropriate amount of the bond. The district court shall determine the bond amount within 30 days from the date of this order. Appellant shall have 30 days from the date of the district courts order setting the amount of the bond in which to post the bond and submit proof to the clerk of this court that the bond has been posted. The judgment of the Eighth Judicial District Court in case number A353668 is stayed pending further order of this court. We caution appellant that its failure to comply with the bond condition will result in this court's vacation of the stay. fn1[We grant appellant's motion for leave to file a reply. We direct the clerk to file the reply received on August 23, 1999. The letter received on Septemer 3, 1999, from respondent's counsel is of no effect, and accordingly no action shall be taken thereon by this court]. 99-09386
09/30/1999MotionFiled Reply to Response. Appellant's Reply to Respondent's Opposition to Emergency Motion for Stay. (Reply was attached to the Motion filed August 23, 1999). 99-09388
10/13/1999Order/ProceduralFiled Order Denying Motion. This court entered an order granting the motion for stay and remanding to the district court for the limited purpose of determining the amount of the bond on September 30, 1999. Therefore, the motion to expedite is denied as moot. 99-09900
11/12/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-11172
11/19/1999Notice/IncomingFiled Notice. Notice of Posting Bond. 99-11546
02/18/2000Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. We hereby consolidate the above-entitled matters for all appellate purposes. The parties were unable to agree to a settlement of this appeal. Each appellant: 15 days to file a docketing statement. Upon the filing of the docketing statements, this court shall conduct a jurisdictional review of these appeals. Court Reporter Carrie A. Hansen: 30 days to prepare and complete the transcript of proceedings for May 10, 1999, May 19, 1999, May 24, 1999 and August 2, 1999, requested by appellant on August 19, 1999 (Docket No. 34612); Appellant (Docket No. 34665) 15 days to file a transcript request form or certificate of no transcript request. Each appellant: 120 days to file opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant NGA #2 and appellant Rains.) Nos. 34612, 34665. 00-02572
02/28/2000Letter/IncomingFiled Letter. Response to Order. 00-03081
03/02/2000Docketing StatementFiled Docketing Statement. Respondent Rains. Nos. 34612 & 34665. 00-03296
03/07/2000Order/Procedural Order. Court reporter Kimberly D. McAndrews shall have 30 days from the date of this order to prepare and complete the transcript of proceedings for May 10, 1999, May 19, 1999 and May 24, 1999 and to file with this court a certificate acknowledging delivery of the completed transcript, together with a certified copy of the transcript. Nos. 34612, 34665. 00-03558
03/08/2000Docketing StatementFiled Docketing Statement. Appellant NGA #2. Nos. 34612 & 34665. 00-03640
05/05/2000Order/ProceduralFiled Order/Show Cause. Response due from the parties: 30 days from the date of this order. The preparation of transcripts and briefing schedule in this appeal shall be suspended pending further order of this court. Nos. 34612, 34665. 00-07409
06/05/2000MotionFiled Response to Order to Show Cause. Respondents Points and Authorities in Response to Supreme Court's Order to Show Cause (nos. 34612/34665). 00-09455
06/07/2000MotionFiled Response to Order to Show Cause. Appellant's Points and Authorities in Response to Supreme Court's Order to Show Cause (34612/34665). 00-09588
06/16/2000Order/DispositionalFiled Order Dismissing Appeal. Order Dismissing Appeal in docket No. 34612 and Reinstating Briefing in Docket No. 34665. We have considered the parties' response to our order to show cause and conclude that we lack jurisdiciton over the appeal in Docket Number 34612. "We therrefore dismiss the appeal in Docket No. 34612." We further conclude that the appeal in Docket Number 34665 may proceed. Court reporter, Carrie A. Hansen shall have 30 days from the date of th order to comply with the provisions of NRAP 9(b). Appellant Rains shall have 100 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). Shearing, J. and Becker, J. Maupin, J., dissenting. SNP99B-WM/MS/NB Nos. 34612, 34665. 00-10334
06/27/2000Filing Fee Returned Filing Fee. Check No. 724 in the amount of $200 returned to Stanley W. Parry. Filing fee for rehearing is $100.
06/27/2000Filing Fee Filing Fee due.
06/27/2000Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 6/23/00--LV drop box. 00-11010
07/03/2000Filing FeeReceived Filing Fee Paid on Filing. $100 from Curran & Parry--check no. 8680.
08/17/2000Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." Shearing, J. and Becker, J. Maupin, J., dissenting. SNP99B-WM/MS/NB 00-14350
08/29/2000Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: 8/25/00 (LV drop box) 00-15156
08/29/2000MotionFiled Motion for Stay. Emergency Motion for Stay of Remittitur during Pendency of Petition for En Banc Reconsideration. 00-15157
09/01/2000Post-Judgment OrderFiled Order/Remittitur. We grant appellant's motion for stay of remittitur pending resolution of the petition for en banc reconsideration. 00-15460
12/29/2000Post-Judgment OrderFiled Order Denying En Banc Reconsideration. We have reviewed the petition, and we conclude that en banc reconsideration is not warranted. " . . . we deny the petition." fn1[We vacate our September 1, 2000, order staying issuance of the remittitur pending our review of this petition.] En Banc-Young, J., Shearing, J., Agosti, J., Leavitt, J., and Becker, J. Maupin, J., with whom Rose, C.J. joins, concurring. 00-22723
01/17/2001RemittiturIssued Remittitur. 01-00622
01/17/2001Case Status Update Remittitur Issued/Case Closed.
02/20/2001RemittiturFiled Remittitur. Received by County Clerk on January 19, 2001. 01-00622