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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40901
Short Caption:FAUBEL VS. SCHARFF C/W 41234Court:Supreme Court
Consolidated:40901*, 41234 Related Case(s): 38487 , 41234
Lower Court Case(s):Washoe Co. - Second Judicial District - CV0000468Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/13/2003 / Eisenberg, RobertSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
02/07/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Kevin J. Mirch, Ltd.--check no. 3335.
02/07/2003Notice 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.) 03-02246
02/13/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Robert Eisenberg. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/25/2003Docketing StatementFiled Docketing Statement. 03-03123
02/26/2003Notice/Outgoing Letter. Robert Eisenberg. (Docketing statement)
04/09/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-05984
04/10/2003Notice/IncomingFiled Notice. 03-06071
04/17/2003Notice/OutgoingIssued Notice to Transmit Required Document. district court minutes and judgment filed 7/30/01. Due Date: 10 days
04/28/2003Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on: July 30, 2001. 03-07212
06/02/2003Order/ProceduralFiled Order. Completing Settlement Process, Consolidating Appeals and Imposing Bankruptcy Stay. The settlement judge has filed a status report indicating that the parties in Docket No. 40901 were unable to agree to a settlement. Accordingly, the settlement process is complete. The appeals in Docket No. 40901 and Docket No. 41234 arise from the same district court case and involve the same parties. We consolidate these appeals for all appellate purposes. Appellant has notified this court that she filed a petition for bankruptcy in the United States Bankruptcy Court, District of Nevada, on April 3, 2003. Appellant was the defendant in district court case number CV00-00503, a consolidated case below. We order these consolidated appeals stayed pursuant to the mandatory provisions of federal bankruptcy law. Appellant shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. Nos. 40901/41234. 03-09134
08/27/2003Notice/IncomingFiled Status Report. Nos. 40901/41234 03-14445
10/16/2003MotionFiled Stipulation/Dismiss Appeal. (40901 only). Nos. 40901/41234 03-17226
10/24/2003Order/ProceduralFiled Order/Stipulation Disapproved. Order Disapproving Stipulation to Dismiss Appeal in Docket No. 40901. On June 2, 2003, this court entered an order noting that these consolidated appeals were stayed under the mandatory stay provisions of federal bankruptcy law. On August 27, 2003, appellant filed a status report regarding her bankruptcy proceedings. That report indicated that she had "been discharged in her bankruptcy proceedings." On October 16, 2003, the parties filed a stipulation to dismiss the appeal in Docket No. 40901 only. While the stipulation represents that the parties have entered into a settlement agreement, the parties have not provided this court with any order of the bankruptcy court approving the motion mentioned in the August 27, 2003, status report or any other order of the bankruptcy court lifting the stay. Accordingly, we disapprove the stipulation to dismiss. Appellant shall have 30 days from the date of this order to file a stipulation or motion to dismiss these consolidated appeals, or otherwise inform this court of the status of appeals. If appellant desires to dismiss these appeals, she shall provide a copy of any relevant bankruptcy court order(s) allowing for dismissal of these appeals. Nos. 40901/41234. (03-17756) 03-17756
11/24/2003MotionFiled Stipulation/Dismiss Appeal. Nos. 40901/41234. 03-19634
01/05/2004Order/DispositionalFiled Stipulated Dismissal. These appeals have been stayed pursuant to the mandatory provisions of federal bankruptcy law. On October 24, 2003, this court entered an order disapproving the parties' stipulation to dismiss these consolidated appeals. The parties have since filed another stipulation to dismiss these appeals with an attached order from the bankruptcy court. In light of the bankruptcy court's order, we lift the stay of these consolidated appeals. We approve the parties stipulation and "Dismiss these consolidated appeals." The parties shall bear their own costs and attorney fees. NRAP 42(b). SNP04-RR/ML/WM. Nos. 40901/41234. 04-00148
01/05/2004Case Status Update Case Closed. No remittitur issued.
01/06/2004Notice/IncomingFiled Notice of Change of Address. Mirch & Mirch. Nos. 40901/41234. 04-00287