| Case Information: 42897 | |||
| Short Caption: | INS. CO. OF THE WEST VS. DIST. CT. (GIBSON TILE CO.) | Court: | Supreme Court |
| Related Case(s): | 42343 , 42942 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - A416027 | Classification: | Original Proceeding - Civil - Mandamus/Prohibition |
| Disqualifications: | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 03/05/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Beckley Singleton - check no. 102533 | ||
| 03/05/2004 | Petition/Writ | Filed Petition for Writ of Mandamus or Prohibition. Petition for Writ of Prohibition or Mandamus and Emergency Motion for Immediate Stay of Execution. | 04-04181 | |
| 03/05/2004 | Appendix | Filed Appendix. Appendix to Petition for Writ of Prohibition or Mandamus and Emergency Motion for Immediate Stay of Execution. | 04-04187 | |
| 03/08/2004 | Notice/Incoming | Filed Proof of Service. (Petition for Writ - Arnold Weinstock). | 04-04393 | |
| 03/08/2004 | Notice/Incoming | Filed Proof of Service. (Petition for Writ - Orin Grossman). | 04-04395 | |
| 03/30/2004 | Letter/Incoming | Filed Letter. from Orin Grossman informing this court that Arnold Weinstock is no longer associated with the law firm of Orin G. Grossman, P.C. and requests that Mr. Weinstock be removed as counsel. Nos. 42228/42343/42897 - not consolidated. | 04-05933 | |
| 04/15/2004 | Motion | Filed Motion to Consolidate. Motion to Consolidate Appeal No. 42343, Appeal No. 42942, and Petition No. 42897. 06/28/04 Order Dismissing Appeal in Docket Number 42942-fn2: appellant's motion to consolidate this appeal with the appeal in Docket Number 42343 and the writ petition in Docket Number 42897 is denied as moot. Nos. 42228/42343/42897 - cases are not consolidated. | 04-06946 | |
| 04/29/2004 | Order/Procedural | Filed Order/Answer Writ Petition. Order Granting Stay and directing Answer. Petitioners have filed an emergency motion seeking a stay of the district court's contempt order pending this court's resolution of the petition. In determining whether to grant a stay white writ proceedings are pending, this court considers four factors. Petitioners have demonstrated that these factors militate in favor of a stay, and wee therefore grant their motion. The real parties in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. | 04-07895 | |
| 05/03/2004 | Motion | Filed Motion. ICW's Withdrawal of Its Emergency Motion for Immediate Stay of Execution Regarding Contempt Order. | 04-08078 | |
| 05/11/2004 | Letter/Incoming | Filed Letter. from attorney Orin G. Grossman regarding the Order Granting Stay filed in case no. 42343 on 4/29/04; The Motion for Sanctions filed in case no. 42228 on 11/24/03; and The Withdraw of Emergency Motion filed in case no. 42897 on 5/3/04. Nos. 42228; 42343; and 42897 - not consolidated. | 04-08810 | |
| 06/02/2004 | Petition/Writ | Filed Answer to Petition for Writ. Gibson Tile Company's Resposne to Petition for Writ of Prohibition or Mandamus. | 04-10107 | |
| 06/28/2004 | Other | Other. 06/28/04 Order Dismissing Appeal in Docket Number 42942-fn2: appellant's motion to consolidate this appeal with the appeal in Docket Number 42343 and the writ petition in Docket Number 42897 is denied as moot. Nos. 42228/42343/42897 - cases are not consolidated. | ||
| 07/20/2004 | Order/Procedural | Filed Order/Show Cause. On April 29, 2004, this court granted petitioners' motion to stay execution of the contempt order and directed an answer from the real parties in interest. On May 3, 2004, petitioners filed a withdrawal of their emergency stay motion because they had already paid the $5,000 in sanctions ordered by the district court. On June 2, 2004, the real parties in interest filed an answer to the writ petition. It has been over two months since petitioners filed the withdrawal of their emergency stay motion, and petitioners have not attempted to rescind that withdrawal. Therefore, we vacate that portion of our April 29, 2004 order staying execution of the contempt order. As petitioners have tendered the contempt sanction, it appears that the writ petition in Docket Number 42897 may be moot. Petitioners shall have 30 days from the date of this order within which to show cause why this writ petition should not be dismissed as moot. | 04-13133 | |
| 08/23/2004 | Motion | Filed Response to Order to Show Cause. Insurance Company of the West's Response to Order to Show Cause. | 04-15195 | |
| 12/03/2004 | Order/Dispositional | Filed Order Granting Petition. Order Granting Petition for Writ of Mandamus. 'We direct the clerk of this court to issue a writ of mandamus directing the district court to vacate its contempt order, and to order Gibson's attorney to repay the $5,000 fine." fn2[At the time of the April 29, 2004 order, we were ware of the $8 million bond obtained from Employers Reinsurance Corporation in November 2003, but did not know that it had actually been posted with the district court on November 21, 2003, until ICW filed proof of posting with this court on May 13, 2004. We are satisfied that adequate security from a Nevada licensed surety company has been posted pending the appeal in Docket No. 42343.] SNP04D-RR/WM/MD | 04-22035 | |
| 12/03/2004 | Writ | Issued Writ. Original and one copy of writ and copy of order mailed to Daniel F. Polsenberg for service upon Judge Jessie Elizabeth Walsh. | 04-22085 | |
| 12/16/2004 | Writ | Filed Writ. Served on Judge Jessie Walsh on December 14, 2004. | 04-22085 | |
| 12/29/2004 | Remittitur | Issued Notice in Lieu of Remittitur. | 04-22388 | |
| 12/29/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||