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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40804
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0106764Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/30/2003 / Brower, GregorySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:06/08/2004How Submitted:On Briefs

+ Party Information

Docket Entries
01/16/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Law Offices of John D. Winer--check no. 13961.
01/16/2003Notice 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.) 03-00901
01/30/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Gregory A. Brower. (Briefing and preparation of transcripts suspended pending further order of this court.)
01/31/2003Docketing StatementFiled Docketing Statement. 03-01717
01/31/2003Notice/Outgoing Letter. Gregory A. Brower. (Docketing statement)
04/11/2003MotionFiled Motion. 03-06111
04/14/2003Letter/IncomingFiled Letter. from attorney Robert L. Eisenberg requesting that the motion to withdraw as counsel filed on April 11, 2003, be held in abeyance until after April 29, 2003. 03-06364
05/07/2003Notice/IncomingFiled Notice. Notice of Withdrawal of Motion. 03-07779
06/11/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-09726
06/24/2003Settlement 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). 03-10535
07/30/2003Order/ProceduralFiled Order. to Comply with NRAP 9. To date appellants have failed to comply with our order entered June 24, 2003. We again direct appellants to file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. Appellants shall file the appropriate document within 10 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions. 03-12836
08/01/2003Transcript RequestFiled Certificate of No Transcript Request. 03-13005
10/23/2003BriefFiled Opening Brief. 03-17688
10/23/2003AppendixFiled Joint Appendix. 03-17691
11/19/2003MotionFiled Stipulation and Order. Brief due: December 12, 2003. 03-19299
12/12/2003BriefFiled Answering Brief. 03-20730
12/12/2003AppendixFiled Appendix to Answering Brief. Respondent's Suppelemental Appendix. 03-20732
01/12/2004MotionFiled Stipulation and Order. Brief due: February 11, 2004. 04-00730
02/12/2004BriefFiled Reply Brief. 04-02785
06/08/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-10529
06/08/2004Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP04-NB/DA/MG
07/01/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Agosti, J. and Gibbons, J. Becker, J., dissenting. NNP04-NB/DA/MG 04-12094
07/13/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Lemons firm - check no. 10148.
07/13/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-12750
09/02/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP04-NB/DA/MG 04-16027
09/14/2004Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 04-16865
09/28/2004RemittiturIssued Remittitur. 04-16341
09/28/2004Case Status Update Remittitur Issued/Case Closed.
10/06/2004RemittiturFiled Remittitur. Received by County Clerk on September 30, 2004. 11/08/04 ORDER: REMITTITUR RECALLED. 04-16341
11/08/2004Order/ProceduralFiled Order. Directing Answer to Petition for En Banc Reconsideration. Appellants have petitioned this court for en banc reconsideration of the Order of Affirmance entered by a panel of this court on July 1, 2004. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Accordingly, respondent shall have 15 days from the date of this order within which to file and serve an answer to the petition. See NRAP 40A. Further, we recall the remittitur previously issued on September 28, 2004, pending resolution of the petition for en banc reconsideration. 04-20493
11/19/2004Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Respondent's Answer to Appellants' Petition for En Banc Reconsideration. 04-21384
12/16/2004Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC-Shearing, C.J., Agosti, Gibbons, and Douglas, JJ. We dissent: Rose, Becker, and Maupin, JJ. 04-22920
02/25/2005RemittiturIssued Remittitur. 05-03765
02/25/2005Case Status Update Remittitur Issued/Case Closed.
03/09/2005RemittiturFiled Remittitur. Received by District Court Clerk on March 1, 2005. 05-03765