judyrecords
search tips
630 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

GARDNER VS. WRIGHT

Case Information: 33405
Short Caption:GARDNER VS. WRIGHTCourt:Supreme Court
Lower Court Case(s):Elko Co. - Fourth Judicial District - 27036Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:12/22/1998 / Eisenberg, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/05/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/30/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Glade L. Hall--check no. 2122.
11/30/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 98-00195
12/22/1998Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert L. Eisenberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/24/1999Order/ProceduralFiled Order. To date, appellant has not requested leave to file the untimely docketing statement submitted on January 6, 1999. In the interest of judicial economy, we direct the clerk to fill the docketing statement forthwith. We admonish appellants' counsel for his dereliction. 99-02148
03/24/1999Docketing StatementFiled Docketing Statement. 99-00054
04/12/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-02770
04/26/1999Order/ProceduralFiled Order. Pursuant to NRAP 16(g), the settlement judge has filed a report indicating that the parties were unable to agree to a settlement of this matter. Nevertheless, the time deadlines for requesting and preparing transcripts and briefing shall remain suspended pending a jurisdictional review of this appeal and further order of this court. 99-03272
04/29/1999Order/ProceduralFiled Order. Appellant shall have 15 days from the date of this order to comply with the provisions of NRAP 9(a) and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 99-03421
08/30/1999MotionFiled Motion to Extend Time. 99-08118
08/30/1999MotionFiled Motion to Dismiss Appeal. Motion to Dismiss Appeal for Failure to Prosecute. 99-08117
09/07/1999MotionFiled Motion. Supplement to Motion for Extension of Time. 99-08378
09/20/1999Notice/IncomingFiled Proof of Service. 99-08902
09/21/1999MotionFiled Motion to Dismiss Appeal. Motion to Dismiss and Joinder in Respondent Steve Wright's Motion to Dismiss Appeal for Failure to Prosecute. 99-08998
10/11/1999Order/ProceduralFiled Order. We deny the motion to dismiss this appeal. Appellants shall, within 10 days from the date of this order, comply with NRAP 9(a) by serving and filing a certificate of no transcript request. We deny appellants' motion requesting an extension to file the opening brief to and including September 10, 1999, as moot. Appellants shall, within 15 days from the date of this order, serve and file the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further requests for extensions of time shall be granted absent extreme and unforessable circumstances. 99-09771
10/11/1999BriefFiled Opening Brief. Mailed on: 10/8/99. STRICKEN BY ORDER 08/09/00. 99-09796
10/11/1999AppendixFiled Appendix to Opening Brief. 99-09797
10/15/1999Transcript RequestFiled Certificate of No Transcript Request. 99-10019
11/09/1999MotionFiled Motion to Extend Time. Motion for Enlargement of Time to File Respondent County of Elko's Answering Brief. 99-11074
11/12/1999Order/Clerk'sFiled Clerk's Order. Appellants shall have 10 days from the date of this order to file proof of service of the opening brief and appendix on respondent County of Elko. Respondent County of Elko shall have 70 days from the date of this order to serve and file its answering brief. 99-11130
12/17/1999BriefFiled Answering Brief. Answering Brief of Respondent Steven Wright. Mailed on: 12/16/99. 99-12835
01/21/2000BriefFiled Answering Brief. Answering Brief of County of Elko. Mailed on: Hand delivered (Reno/Carson) 1/21/00. 00-01030
01/28/2000Order/ProceduralFiled Order. Appellants shall, within 10 days from the date of this order, file the required proof of service of the opening brief and appendix on respondent County of Elko or show cause why sanctions should not be imposed against counsel for appellants. 00-01482
02/10/2000Notice/IncomingFiled Proof of Service. 00-02132
02/10/2000BriefFiled Reply Brief. Mailed on: 2/9/00. 00-02133
06/06/2000Order/ProceduralFiled Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. 00-09467
06/06/2000Case Status Update Submitted for Decision.
06/22/2000MotionFiled Motion. Appellant's Motion for Leave to File Amended Opening Brief. 00-10705
07/11/2000MotionFiled Response to Motion. Respondent County of Elko's Opposition to Appellants' Motion for Leave to file Amended Opening Brief. 00-11933
08/09/2000Order/ProceduralFiled Order. On June 22, 2000, appellants filed a motion for leave to file an amended opening brief. We note that attorneys Glade L. Hall and Joel F. Hansen are associated in the law firm of Hansen & Hall, L.L.C. The clerk shall amend the docket in this appeal to reflect that counsel for appellants is the law firm of Hansen & Hall, L.L.C. On July 11, 2000, respondent County of Elko filed an opposition to appellants' motion. We grant the motion. The clerk of this court shall strike the opening brief that was filed on October 11, 1999. Appellants shall file and serve an amended opening brief within 10 days from the date of this order. Respondents shall file amended answering briefs within 30 days of service of appellant's amended opening biref. Upon filing of the amended answering briefs, briefing in this matter shall be deemed completed. Because this additional briefing was caused by carelessness on the part of counsel for appellant, and bcause such carelessness has imposed additional expenses upon respondents, we conclude that a sanction in the sum of $500 is appropriate. The law firm of Hansen & Hall, L.L.C. shall file an affidavit or certificate of payment with the clerk of this court within 15 days of the date of this order. 00-13843
08/10/2000MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Respond to County of Elko's Opposition to Appellant's Motion for Leave to File Amended Opening Brief. 00-13967
08/14/2000Other Other. Remailed order filed 8/9/00 to the law firm of Hansen & Hall, LLC, by certified mail.
08/18/2000MotionFiled Motion. Motion to Remand Appeal to Settlement Conference. 00-14448
08/21/2000BriefFiled Amended Brief. Appellant's Amended Opening Brief. Brief contains Appellant's Supplemental Appendix including United States District Court documents. Mailed on: Las Vegas Drop Box 8/17/00. 00-14563
08/22/2000Order/ProceduralFiled Order Denying Motion. We deny appellant's motion to file a reply to the opposition filed on August 10, 2000, as moot. 00-14764
08/25/2000Notice/IncomingFiled Proof of Service. For Appellant's Amended Opening Brief. 00-14964
09/08/2000MotionFiled Motion to Extend Time. Motion for an Enlargement of Time to file an Opposition to Motion to Remand Appeal to Settlement Conference. 00-15845
09/13/2000Order/Clerk'sFiled Clerk's Order Granting Motion. The County of Elko's opposition to motion to remand appeal to settlement conference provisionally submitted on September 6, 2000, shall be filed, forthwith. 00-16098
09/13/2000MotionFiled Response to Motion. Filed Opposition to Motion to Remand Appeal to Settlement Conference (County of Elko). 00-15731
09/18/2000Notice/IncomingFiled Substitution of Attorneys. Matthews and Wines, P.C., in place and stead of W. Brett Hansen, as counsel for respondent Steve Wright. 00-16419
09/21/2000Notice/IncomingFiled Proof of Service. Respondent Steve Wright's Certificate of Mailing (Substitution of Attorney). 00-16701
09/25/2000MotionFiled Motion to Extend Time. Respondent, Steve Wright's Motion for Enlargement of Time to File Amended Answering Brief. 00-16856
09/25/2000BriefFiled Answering Brief. Respondent County of Elko's Answer to Amended Opening Brief. Mailed on: Hand delivered. 00-16917
10/05/2000MotionFiled Motion. Motion for Sanctions Against Elko County for Violation of NRAP 16. 00-17672
10/12/2000Notice/IncomingFiled Affidavit. Affidavit of Cliff Gardner in Support of Motion for Sanctions against Elko County for Violation of NRAP 16. 00-18130
10/12/2000MotionFiled Motion to Extend Time. Motion for Enlargement of Time to File Opposition to Appellants' Motion for Sanctions against Elko County for Violation of NRAP 16. (First Request) 00-18139
10/17/2000Order/CounselFiled Order/Sanctions. On August 9, 2000, this court entered an order directing counsel for appellants, the law firm of Hansen & Hall, LLC, to pay sanctions of $250 to each respondent within fifteen days of the date of that order. To date, Hansen & Hall, LLC, has not complied with the August 9, 2000, order. The law firm of Hansen & Hall, LLC, shall, within 10 days from the date of this order, pay sanctions of $250 to each respondent and, within the same time period, file with this court a certificate or affidavit stating the date and manner of such payment. We caution the law firm of Hansen & Hall, LLC, that failure to comply with this order may result in the imposition of additional sanctions, including, but not limited to, referral of this matter to the State Bar of Nevada for investigation. 00-18401
10/18/2000Order/ProceduralFiled Order. On August 18, 2000, appellants filed a motion to resume NRAP 16 settlement conference proceedings. Respondent County of Elko filed an opposition on September 13, 2000. No good cause appearing, we deny appellants' motion. fn1[On September 8, 2000, respondent Steve Wright submitted an untimely opposition. Respondent has not filed a motion for an extension of time to file an opposition. We direct the clerk of this court to return, unfiled, respondent Wright's opposition.] On September 25, 2000, respondent Steve Wright filed a motion for an extension of time to file the amended answering brief. Respondent Wright shall file his amended answering brief on or before October 25, 2000. 00-18436
10/18/2000Notice/OutgoingIssued Letter. to attorney W. Brett Hansen: returned unfiled, the original Opposition by Steve Wright to Motion for Remand of Appeal to Settlement Conference received on September 8, 2000.
10/23/2000BriefFiled Amended Brief. Respondent Steve Wright's Answer to Amended Opening Brief. Mailed on: 10/23/00. 00-18700
10/23/2000Notice/IncomingFiled Proof of Payment of Sanction. Certificate of Compliance with Supreme Court Order. 00-18727
12/12/2000MotionFiled Motion for Permission to File Document. Appellant's' Motion for Leave to file Reply Points Authorities in Support of Motion for Sanctions. (Proposed reply attached to motion.) 00-21725
12/18/2000Other Other. Received Supplement to Appellants' Reply Points Authorities in Support of Motion for Sanctions. RETURNED UNFILED 12/29/00. 00-22047
12/21/2000MotionFiled Response to Motion. Respondent County of Elko's Opposition to Motion for Leave to File Reply Points and Authorities in Support of Motion for Sanctions. 00-22243
12/29/2000Order/ProceduralFiled Order. On October 5, 2000, appellants filed a motion for sanctions against respondent Elko County for bad faith participation in the settlement conference process. The settlement judge filed a settlement conference report on April 12, 1999 indicating that the parties were unable to agree to a settlement of this appeal. The settlement judge's report did not make a determination that respondent Elko County failed to participate in good faith in the settlement conference process. We deny appellants' motion. fn1[In light of this order, we deny as moot Elko County's October 12, 2000 motion for an extension of time to file an opposition to appellants' motion for sanctions. The clerk shall return, unfiled, the opposition received on October 24, 2000. We deny appellants' December 12, 2000 motion for leave to file a reply.] 00-22681
12/29/2000Notice/OutgoingIssued Letter. to McKissick firm: returned unfiled, original Opposition to Appellants' Motion for Sanctions Against Elko County for Violation of NRAP 16, received October 24, 2000.
12/29/2000Notice/OutgoingIssued Letter. to the Hansen firm: returned unfiled, original Supplement to Appellants' Reply Points Authorities in Support of Motion for Sanctions, received Decembeer 18, 2000.
12/29/2000Other Other. Filed Appellants Gardners' Reply Points and Authorities in Support of Motion for Leave to File Reply Points and Authorities. 00-22733
03/05/2001Case Status Update Resubmitted for Decision. Panel: Northern Nevada Panel. NNP01A-MS/RR/DA
05/21/2001Order/DispositionalFiled Order of Affirmance. " . . . we affirm the district court's order granting summary judgment." We conclude that the Gardners' attorney has pursued a frivolous appeal. We order the Gardners' attorney to pay $500.00 to each respondent to defray the expense and costs that each respondent ha incurred in retaining legal representation on this appeal. The Gardners' attorney shall pay these sums within thirty days of the date of this order and shall promptly furnish the clerk of this court with proof of such payments. 01-08396
05/30/2001MotionFiled Motion. Submitted by attorney Joseph Van Walraven. 01-09050
05/31/2001MotionFiled Motion. Submitted by attorney Robert J. Wines. 01-09085
06/07/2001MotionFiled Motion. Motion to Retax Costs. 01-09544
06/08/2001Filing FeeReceived Filing Fee Paid on Filing. $100 from Joel F Hansen & Associates--check no. 2988.
06/08/2001Post-Judgment PetitionFiled Petition for Rehearing. Petition for Rehearing and Motion for Stay of Sanctions. Mailed on: 6/7/01--LV drop box. 01-09557
06/08/2001Other Other. Returned, with letter, to Law Firm of Hansen & Hall, LLC, two envelopes addressed to Robert Wines and Joseph Van Walraven containing original checks in payment of sanctions imposed in this court's order filed May 21, 2001.
06/15/2001MotionFiled Response to Motion. Opposition to Motion to Retax Costs. 01-10086
06/21/2001Letter/IncomingFiled Letter. from Joel F. Hansen addressed to the law firms and Matthews & Wines and McKissick, Van Walraven & Harris regarding sanctions (proof of payment of sanctions). 01-10541
01/09/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." The motion for a stay of sanctions is denied as moot. NNP01A-MS/RR/DA 02-00529
01/18/2002Order/ProceduralFiled Order. We grant appellant's motion to disallow the $290 airfare listed in Elko County's bill of costs. The clerk of this court shall include in the memoranda of costs for insertion in the remittitur for the amount of $89.58 in favor of Mr. Wright, and for the amount of $56.13 in favor of Elko County. 02-01259
01/25/2002RemittiturIssued Remittitur. Memorandum of Cost and Disbursements allowed and taxed in the amount of $89.58 (for Attorney Wines, counsel for respondent Wright). Memorandum of Cost and Disbursements allowed and taxed in the amount of $56.13 (for Attorney Van Walraven, counsel for respondent County of Elko). 02-00705
01/25/2002Case Status Update Remittitur Issued/Case Closed.
02/06/2002RemittiturFiled Remittitur. Received by County Clerk on January 28, 2002. 02-00705