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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 44749
Short Caption:BUTLER VS. BAYERCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A466393Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:03/01/2005 / Gang, LeonardSP Status:Completed
Oral Argument:02/06/2007 at 10:00 AMOral Argument Location:Carson City
Submission Date:02/06/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
02/24/2005Filing FeeReceived Filing Fee Paid on Filing. $100.00 from David M. Korrey--check no. 3126. (Additional $150.00 due.)
02/24/2005Notice 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.) 05-03682
02/24/2005Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (Additional $150 due.) Due Date: 10 days
03/02/2005Filing FeeReceived Filing Fee Paid on Filing. $150.00 from David M. Korrey - check no. 3131.
03/04/2005Other Returned Unfiled Document.
03/04/2005Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Leonard I. Gang. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/14/2005Docketing StatementFiled Docketing Statement. Issued Notice to Provide Proof of Service on Settlement Judge. 05-04992
03/25/2005Notice/IncomingFiled Proof of Service. of Docketing Statement on Settlement Judge. 05-05908
05/16/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 05-09464
06/01/2005Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 05-10718
06/23/2005Notice/OutgoingIssued Notice to Request Transcripts.
07/08/2005Transcript RequestFiled Certificate of No Transcript Request. 05-13554
07/26/2005Transcript RequestFiled Request for Transcript of Proceedings. (Respondents) Transcripts requested: January 24, 2005. To Court Reporter: 8th Dist. Ct. 05-14836
09/01/2005BriefFiled Opening Brief. 05-17312
09/01/2005AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 05-17314
10/05/2005BriefFiled Answering Brief. 05-19740
10/05/2005AppendixFiled Appendix to Answering Brief. 05-19741
10/19/2005MotionFiled Motion to Strike. Appellant's Motion to Strike Portions of Respondents' Appendix as not being part of the Trial Record Under NRAP 10 and to Strike Respondents' Answering Brief as the Content Thereof is based upon matters that are not part of the Record on Appeal. 05-20759
10/19/2005MotionFiled Motion to Extend Time. Appellant's Motion to Extend Time to File Reply Brief Pending Court's Ruling on Appellant's Motion to Strike Portions of Respondents' Appendix and to Strike Respondents' Answering Brief. 05-20762
10/24/2005Notice/IncomingFiled Errata. Notice of Errata Regarding Respondents' Appendix. 05-21079
10/24/2005AppendixFiled Appendix to Answering Brief. Respondent's Amended Appendix. 05-21081
10/31/2005MotionFiled Response to Motion. Respondents' Opposition to Appellant's Motion to Strike Portions of Respondents' Appendix as not being part of the Trial Record pursuant to NRAP 10. 05-21433
11/02/2005Order/ProceduralFiled Order. Briefing shall be suspended pending the court's resolution of appellant's motion to strike. We deny appellant's motion to extend time to file the reply brief as moot. 05-21573
11/07/2005MotionFiled Motion. Reply to Respondents' Opposition to Strike Portions of Rspondents' Appendix as not Being Part of the Trial Record Under NRAP 10 and to Strike Respondents' Answreing Brief as the Content thereof is Based Upon Matters that are not Part of the Record on Appeal. 05-21955
12/07/2005Order/ProceduralFiled Order/Show Cause. Response from appellant due: 30 days. Respondents may file any reply within 10 days from the date that appellant's response is served. fn2[We defer ruling on appellant's October 19, 2005 motion to strike.] 05-23927
12/14/2005MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. 05-24388
07/05/2006Order/ProceduralFiled Order. Reinstating Briefing. Appellant shall have 30 days from the date of this order to file any reply brief. fn2-[We defer ruling on appellant's October 19, 2005 motion to strike portions of respondents' answering brief and appendix.] 06-13779
08/04/2006BriefFiled Reply Brief. 06-16212
08/23/2006Order/ProceduralFiled Order. We deny appellant's motion to strike portions of the answering brief and the answering brief appendix. In resolving this appeal the court will disregard documents not properly part of the appellate court record and any factual assertions in the briefs that are not supported by that record. As all briefs have now been filed, we deny appellant's motion requesting an extension of time to file the reply brief as moot. 06-17491
11/28/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 6, 2007, at 10:00 a.m. (En Banc)
01/23/2007Notice/OutgoingIssued Oral Argument Reminder Notice.
02/06/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
05/30/2007Notice/OutgoingIssued Notice of Modification of Caption. (Changed Southern Nevada Correctional Center to Southern Desert Correctional Center.) Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. 07-11847
10/11/2007Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded." Before the Court EN BANC. Author: Maupin, A. William. Majority: Maupin/Gibbons/Hardesty/Parraguirre/Douglas/Cherry/Saitta. 123 Nev. Adv. Opn. No. 44. EN BANC. 07-22422
11/06/2007RemittiturIssued Remittitur. 07-22580
11/06/2007Case Status Update Remittitur Issued/Case Closed.
11/16/2007RemittiturFiled Remittitur. Received by County Clerk on November 9, 2007. 07-22580