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United States Court Cases

Nevada Supreme/Appellate Court Record

RIVERA-GOMEZ VS. YOUNG

Case Information: 40926
Short Caption:RIVERA-GOMEZ VS. YOUNGCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9707915Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/27/2003 / Berry, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/12/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Office of James R. Cox--check no. 2786.
02/12/2003Notice 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.) 03-02471
02/27/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert G. Berry. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/28/2003Docketing StatementFiled Docketing Statement. 03-03331
03/04/2003Notice/IncomingFiled Notice of Association of Counsel. Joseph J. Purdy added as co-counsel for respondent. 03-03573
03/05/2003Notice/Outgoing Letter. Robert G. Berry. (docketing statement)
03/11/2003Notice/Outgoing Letter. Robert G. Berry. (Notice of Association of Counsel)
05/20/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-08523
05/30/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for requesting transcripts and filing briefs. Appellant: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 03-09026
06/16/2003Transcript RequestFiled Certificate of No Transcript Request. 03-10020
09/25/2003MotionFiled Stipulation and Order. Brief due: October 27, 2003. 03-16079
10/30/2003MotionFiled Motion to Extend Time. 03-18147
11/05/2003Order/ProceduralFiled Order Granting Motion. filed on October 30, 2003. Appellant shall have until November 26, 2003, to file and serve the opening brief and appendix. No further extension of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 03-18488
12/01/2003BriefFiled Opening Brief. 03-19860
12/01/2003AppendixFiled Appendix to Opening Brief. 03-19861
12/23/2003MotionFiled Stipulation. (first request-60 days requested) 03-21361
01/05/2004Order/ProceduralFiled Order Granting Motion. The parties have filed a stipulation extending the time for the filing of the answering brief by 60 days. The stipulation is treated as a joint motion for an extension of time and we grant the motion. Respondent shall have until February 27, 2004, to file and serve the answering brief. Appellant shall have 30 days from service of the answering brief to file and serve a repy brief, if deemed necessary. 04-00145
02/27/2004BriefFiled Answering Brief. 06/11/04 ORDER: ANSWERING BRIEF STRICKEN.
02/27/2004AppendixFiled Appendix to Answering Brief. Volumes 1 and 2. 06/11/04 ORDER: APPENDIX TO ANSWERING BRIEF, VOLS. 1 AND 2 STRICKEN. 04-03746
03/29/2004MotionFiled Stipulation and Order. Brief due: April 30, 2004. 04-05816
04/30/2004MotionFiled Motion to Extend Time. 04-07949
05/06/2004MotionFiled Motion to Strike. Motion to Strike Respondent's Answering Brief and Appendix; and Motion for Attorney Fees. 04-08432
05/10/2004MotionFiled Response to Motion. Opposition to Motion for Extension of Time to File Reply Brief. 04-08625
05/14/2004MotionFiled Response to Motion. Opposition to Motion to Strike Respondent's Answering Brief and Appendix; and Motion for Attorney Fees. 04-09049
05/19/2004MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Respondent's Opposition to Motion for Extension of Time to File Reply Brief. 04-09317
05/19/2004MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Respondent's Opposition to Motion to Strike Respondent's Answering Brief and Appendix; and Motion for Attorney Fees. 04-09325
06/11/2004Order/ProceduralFiled Order. Appellant has moved to strike respondent's answering brief and appendix and for the award of attorney fees. Respondent opposes the motion. Appellant has moved to file a reply to respondent's opposition. We deny the motion to file a reply. Our review of respondent's appendix indicates that it contains several documents that were not made part of the trial court record and, therefore, are not properly included in the record on appeal. Because respondent's appendix contains numerous documents that should not have been included in that appendix, we grant appellant's motion and strike respondent's appendix. Further, because respondent's answering brief is replete with citations to the stricken appendix, we also grant the motion to strike respondent's answering brief. The clerk shall strike the answering brief and appendix received and filed on February 27, 2004. We also conclude that the award of attorney fees is warranted and we grant appellant's motion in part. Respondent shall have 20 days from the date of this order to pay appellant's counsel the sum of $500.00 and file proof of such payment with this court. Respondent shall have 15 days from the date of this order to file and serve his answering brief. Any respondent's appendix shall be filed within the same time period and shall comply with the Nevada Rules of Appellate Procedure. Appellant shall have 30 days from service of respondent's answering brief to file and serve a reply brief, if deemed necessary. fn1[In light of this order, we deny, as moot, appellant's motion for an extension of time to file the reply brief and appellant's motion for leave to file a reply to respondent's opposition to the motion for an extension of time.] 04-10839
06/24/2004Notice/IncomingFiled Notice. Receipt of Check from James R. Cox (see 6/11/04 order). 04-11553
06/24/2004MotionFiled Stipulation/Dismiss Appeal. 04-11555
08/05/2004Order/DispositionalFiled Stipulated Dismissal. Pursuant to the stipulation of the parties and cause appearing, " . . . this appeal is dismissed." fn1[Any relief regarding the bond for costs on appeal must be sought in the district court. See NRAP 7.] The parties shall bear their own costs and attorney fees. NRAP 42(b). fn2[The portion of the June 11, 2004, order directing respondent to file and serve his answering brief is vacated.] NNP/CLK 04-14137
08/05/2004Case Status Update Case Closed. No remittitur issued.