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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 42801
Short Caption:WHITEHEAD VS. COSTCOCourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0102945Classification:Civil Appeal - General - Other
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/25/2004 / Gang, LeonardSP Status:Completed
Oral Argument:04/12/2005 at 11:30 AMOral Argument Location:Carson City
Submission Date:04/12/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
02/18/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Office of Stephen H. Osborne Ltd.--check no. 3706.
02/18/2004Notice 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.) 04-03057
02/25/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Leonard I. Gang. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/25/2004Docketing StatementFiled Docketing Statement. 04-03627
02/27/2004Notice/Outgoing Letter. Leonard I. Gang. (docketing statement)
05/25/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-09656
06/02/2004Settlement 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); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 04-10131
07/28/2004Order/ProceduralFiled Order. to Request Transcripts. We again direct appellants to request transcripts in compliance with NRAP 9(a). Appellants shall have 10 days from the date of this order to file and serve the appropriate document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. 04-13721
08/06/2004Transcript RequestFiled Certificate of No Transcript Request. 04-14301
09/30/2004BriefFiled Opening Brief. 04-18095
09/30/2004AppendixFiled Joint Appendix. 04-18096
10/01/2004AppendixFiled Joint Appendix. Vols. 2 and 3. 04-18096
10/05/2004Notice/IncomingFiled Proof of Service. of Joint Appendix. 04-18425
10/14/2004MotionFiled Motion. Respondent's Motion to Supplement Joint Appendix. 04-19075
10/20/2004MotionFiled Response to Motion. Notice of Non-Opposition to Respondent's Motion to Supplement Joint Appendix. 04-19387
10/25/2004MotionFiled Motion and Order/Excess Pages. Granted: 39 Pages. 04-19726
10/25/2004BriefFiled Answering Brief. 04-19728
10/26/2004AppendixReceived Appendix. Supplement to Joint Appendix. 04-19807
11/03/2004MotionFiled Response to Motion. Notice of Non-Opposition to Respondent's Motion to file Brief in Excess of Thirty Pages. 04-20270
11/09/2004Order/ProceduralFiled Order/Motion Granted in Part. Respondent has moved to supplement the parties' joint appendix with a district court pleading, the signature page to an affidavit, and two videotapes. Appellants have filed a 'Non-Opposition' to respondent's motion. Pursuant to NRAP 30(d), if exhibits are incapable of being reproduced in the appendix, the parties may file a motion requesting this court to direct the district court to transmit the originals. Cause appearing, we grant respondent's motion in part. The clerk shall file the Supplement to Joint Appendix received on October 26, 2004. However, because the proposed videotapes are not properly included within an appendix, we deny respondent's motion to the extent that it seeks to have videotapes included in the appendix. fn1[The clerk shall return the videotapes included in the Supplement to Joint Appendix.] This denial of respondent's motion is without prejudice to its right to move this court to have the original videotapes transmitted from the district court. Any such motion shall clearly identify the videotapes sought and the date on which they were admitted into evidence in the district court. 04-20623
11/09/2004AppendixFiled Appendix. Supplement to Joint Appendix. 04-19807
11/09/2004Notice/OutgoingIssued Letter. to attorney Barry L. Breslow. Returned unfiled, "The videotapes included in the Supplement to Joint Appendix received on October 26, 2004."
11/12/2004MotionFiled Motion. Respondent's Motion for Order Directing District Court to Transmit Original Exhibits. 04-20834
11/17/2004MotionFiled Response to Motion. Non-Opposition to Respondent's Motion for Order Directing District Court to Transmit Original Exhibits. 04-21239
11/29/2004BriefFiled Reply Brief. 04-21721
12/10/2004Order/ProceduralFiled Order. Directing Transmission of Exhibits. The clerk of the district court shall, within 20 days from the date of this order, certify and transmit the original videotape exhibits attached to respondent's March 14,2003, motion for summary judgment as Exhibit 26 and Exhibit 32. 04-22545
12/15/2004ExhibitFiled Exhibits (copies). Exhibits: 26 (Videotape) and 32 (Videotape). 04-22887
12/29/2004OtherDisqualification of Justice Hardesty. Attorney Stephen H. Osborne
02/22/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 12, 2005, at 11:30 a.m. (NNP05-WM/MD/RP)
03/28/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
04/12/2005Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP05-WM/MD/RP
05/17/2005Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP05-WM/MD/RP 05-09642
05/20/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Robison Belaustegui Sharp & Low--check no. 60460.
05/20/2005Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing. 05-10042
07/19/2005Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Rehearing and Amending Prior Order. "We deny rehearing." fn1[NRAP 40(c).] Our review of the May 20, 2005 order reveals an error that we take this opportunity to correct. To correct this error, we hereby vacate the last paragraph of the discussion section of the order. In its place, we insert the following: see the order denying rehearing for the correction. NNP05-WM/MD/RP 05-14318
08/16/2005RemittiturIssued Remittitur. Returned Exhibits: 26 (videotape) and 32 (videotape) this day. 05-14565
08/16/2005Case Status Update Remittitur Issued/Case Closed.
08/25/2005RemittiturFiled Remittitur. Received by District Court Clerk on August 18, 2005. 05-14565