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United States Court Cases

Nevada Supreme/Appellate Court Record

JONES VS. DIST. CT. (LOWE ENTERPRISES)

Case Information: 40862
Short Caption:JONES VS. DIST. CT. (LOWE ENTERPRISES)Court:Supreme Court
Related Case(s): 36866 , 37003 , 40120 , 40473 , 40848 , 40863
Lower Court Case(s):Clark Co. - Eighth Judicial District - A403774Classification:Original Proceeding - Civil - Mandamus
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/25/2003 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/25/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/03/2003Filing Fee Filing Fee due.
02/03/2003MotionFiled Motion for Stay. Emergency Motion to Stay Enforcement of Unconstitutional District Court Order to Turn Over Securities pending Supreme Court's Determination on Petition for Writ of Prohibition. (Filed via fax.) 03-01842
02/05/2003MotionFiled Motion for Stay. Emergency Motion to Stay Enforcement of Unconstitutional District Court Order to Turn Over Securities pending Supreme Court's Determination on Petition for Writ of Prohibition. (Original--filed via fax on 2/3/03)
02/05/2003Petition/WritFiled Petition for Writ of Prohibition. (via fax) 03-02039
02/05/2003Order/ProceduralFiled Order Granting Motion. Order Granting Temporary Stay. This an emergency motion for a stay of a district court order directing that petitioner turn over securities to the real party in interest by February 7, 2003, or he will be held in civil contempt. We conclude that a temporary stay is warranted, pending our receipt and consideration of any opposition to the motion. We temporarily stay the district court's January 24, 2003 minute order directing petitioner to turn over securities to the real party in interest in District Court Case Number A403774, pending further order of this court. 03-02043
02/05/2003MotionFiled Response to Motion. Real Party in Interest Lowe Enterprises Residential Investors, LLC's Opposition to Emergency Motion to Stay District Court's Turnover Order Regarding Securities Owned by Robert V. Jones. (Filed via fax.) 03-02050
02/06/2003MotionFiled Motion for Permission to File Document. Petitioners' Motion for Leave to File Reply to Objection to Emergency Motion to Stay Enforcement of Unconstitutional District Court Order to Turnover Securities pending Supreme Court's Determiniation on Petition for Writ of Prohibition. (Filed via fax.) 03-02150
02/06/2003Notice/IncomingFiled Errata. Errata to Petitioners' Motion for Leave to File Reply to Objection to Emergency Motion to Stay Enforcement of Unconstitutional District Court Order to Turnover Securities pending Supreme Court's Determiniation on Petition for Writ of Prohibition. (Filed via fax.) 03-02164
02/07/2003Petition/WritFiled Petition for Writ of Prohibition. (Original--filed via fax on 02/05/03). 03-02200
02/07/2003MotionFiled Response to Motion. Real Party in Interest Lowe Enterprises Residential Investors, LLC's Opposition to Emergency Motion to Stay District Court's Turnover Order Regarding Securities Owned by Robert V. Jones. (Original-filed via fax 02/05/03). 03-02204
02/07/2003MotionFiled Motion for Permission to File Document. Petitioners' Motion for Leave to File Reply to Objection to Emergency Motion to Stay Enforcement of Unconstitutional District Court Order to Turnover Securities pending Supreme Court's Determiniation on Petition for Writ of Prohibition. (Original-filed via fax 02/06/03). 03-02208
02/07/2003Notice/IncomingFiled Errata. Errata to Petitioners' Motion for Leave to File Reply to Objection to Emergency Motion to Stay Enforcement of Unconstitutional District Court Order to Turnover Securities pending Supreme Court's Determiniation on Petition for Writ of Prohibition (with Transcript of Proceedings January 24, 2003 attached). (Original-filed via fax 02/06/03). 03-02209
02/10/2003MotionFiled Motion. Real Party in Interest Lowe Enterprises Residential Investors, LLC's Emergency Request for Clarification regarding Temporary Stay Order Dated February 5, 2003. (filed via fax.) 03-02295
02/12/2003MotionFiled Motion. Real Party in Interest Lowe Enterprises Residential Investors, LLC's Emergency Request for Clarification Regarding Temporary Stay Order Dated February 5, 2003 (Original -filed via fax on 02/10/03). 03-02295
02/12/2003Notice/IncomingFiled Proof of Service. (Real Party in Interest Lowe Enterprises Residential Investors, LLC's Emergency Request for Clarification Regarding Temporary Stay Order Dated February 5, 2003). 03-02428
02/12/2003Petition/WritFiled Supplement to Petition for Writ. 03-02432
02/19/2003Order/ProceduralFiled Order/Answer Writ Petition. And Granting Partial Stay. The real party in interest, on behalf of respondents, shall have 20 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. Petitioner may file a reply within 10 days after the answer is served. On February 3, 2002, petitioner filed a motion to stay the district court's order. On February 5, 2003, we granted a temporary stay pending receipt and consideration of an opposition to the motion. The real party in interest has filed an opposition, and petitioner has submitted a reply. fn1[On February 6, 2003, petitioner filed a motion to file a reply to the opposition. Petitioner did not submit a separate reply, but the motion incorporates petitioner's reply. We grant petitioner's motion and have considered the reply incorporated therein.] Four factors guide this court's consideration of a motion for a stay pending resolution of an original petition for a writ of prohibition. We have considered these factors and we grant petitioner's motion for stay in part, and the real party in interest's request for clarification. We hereby stay, during the pendency of this writ petition, that portion of the district court's February 5, 2003 order directing petitioner to turn over securities to the real party in interest in District Court Case Number A403774. We do not stay the port of the district court's order prohibition petitioner from making certain changes to Universal Healthwatch or the Diamond Trust. 03-02808
02/24/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from JJ Law Office - check no. 1972.
03/12/2003Petition/WritFiled Answer to Petition for Writ. Real Party in Interest Lowe Enterprises Residential Investors, LLC's Answer to Petition for Writ of Prohibition - Expedited Hearing Requested. 03-04137
03/12/2003OtherOther. Filed Exhibits in Support of Real Party in Interest Lowe Enterprises Residential Investors, LLC's Answer to Petition for Writ of Prohibition, Vols. 1 through 3.
03/24/2003MotionFiled Reply to Response. Petitioner's Response to Real Party in Interst Lowe Enterprises Residential Investors, LLC's, Answer to Petition for Writ of Prohibition. 03-04937
05/02/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 25, 2003, at 11:30 a.m. (En Banc)
06/09/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
06/25/2003Case Status Update Submitted for Decision. Before the En Banc Court. En Banc.
07/07/2003MotionFiled Motion. Motion to Correct Factual Misrepresentation made to the Court during Oral Argument. 03-11261
07/15/2003MotionFiled Response to Motion. Real Party in Interest Lowe Enterprises Residential Investors, LLC's Response to Motion Regarding Purported Misrepresentation made during Oral Argument. 03-11919
07/25/2003Order/ProceduralFiled Order Granting Motion. On July 7, 2003, petitioner filed a "Motion to Correct Factual Misrepresentation Made to the Court During Oral Argument." On July 14, 2003, the real party in interest filed a response to the motion. We elect to treat petitioner's motion as a motion for supplemental briefing, and cause appearing, we grant that motion. We will consider the arguments contained in the motion and the response in our decision in this matter. 03-12600
08/04/2003MotionFiled Motion for Permission to File Document. Request for Permission to File Reply to Real Party in Interest Lowe Entaerprises Residential Investors, LLC's Response to Motion to Correct Factual Misrepresentations Made to the Court during Oral Argument. 03-13029
08/20/2003Order/ProceduralFiled Order Granting Motion. filed August 4, 2003. Accordingly, in our deliberation in this matter we will consider petitioner's reply, attached to the motion as "exhibit A." 03-14022
08/29/2003Order/DispositionalFiled Order Denying Petition. "ORDER the petition DENIED." EN BANC-DA/MS/RR/ML/NB/WM/MG 03-14561
09/23/2003RemittiturIssued Notice in Lieu of Remittitur. 03-14576
09/23/2003Case Status Update Remittitur Issued/Case Closed.