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United States Court Cases

Nevada Supreme/Appellate Court Record

BERNIER VS. HEARN

Case Information: 40485
Short Caption:BERNIER VS. HEARNCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A435791Classification:Civil Appeal - General - Other
Disqualifications:RoseCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:11/19/2002 / Osko, EugeneSP Status:Completed
Oral Argument:12/18/2003 at 11:00 AMOral Argument Location:Carson City
Submission Date:01/20/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/13/2002OtherDisqualification of Justice Rose. Gaming Control Board
11/13/2002OtherDisqualification of Justice Young. Gaming Control Board
11/13/2002Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Nersesian & Sankiewicz--check no. 2702.
11/13/2002Notice 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.) 02-19525
11/18/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: July 31, 2002. To Court Reporter: Sharleen Nicholson. 02-19797
11/19/2002Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Eugene Osko. (Briefing and preparation of transcripts suspended pending further order of this court.)
11/22/2002Docketing StatementFiled Docketing Statement. 02-20179
11/25/2002Notice/Outgoing Letter. Eugene Osko. (Docketing statement)
12/04/2002TranscriptFiled Transcript. Proceedings: July 31, 2002. Court Reporter: Sharleen A. Nicholson. 02-20744
01/10/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-00544
01/21/2003Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time deadlines for filing briefs. Appellant: 70 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 03-01042
04/02/2003BriefFiled Opening Brief. 03-05538
04/02/2003AppendixFiled Joint Appendix. 03-05539
04/02/2003MotionFiled Motion. Motion for Transmittal of Original Exhibit. 03-05559
04/15/2003BriefFiled Answering Brief. 03-06415
05/14/2003BriefFiled Reply Brief. 03-08202
05/21/2003Order/ProceduralFiled Order. Directing Transmission of Original Exhibit. The clerk of the district court shall, within 30 days from the date of this order, certify and transmit the "original videotape lodged with the District Court on June 6, 2002, in support of Plaintiff's Motion for Partial Summary Judgment." 03-08630
10/17/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 18, 2003, at 11:00 a.m. (SNP04-DA/ML/WM)
12/04/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
12/18/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP04-DA/ML/WM
01/20/2004Order/ProceduralFiled Order. for En Banc Consideration and Submitting for Decision Without Oral Argument. Oral argument in this matter was held on December 18, 2003, before the Southern Nevada Panel. Upon further review, we have determined that en banc consideration of this appeal is warranted. Accordingly, this appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-01117
01/20/2004Case Status Update Submitted for Decision. To the En Banc Court.
04/22/2004Order/DispositionalFiled Order of Affirmance. "We affirm the judgment of the district court." fn14[The Honorable Robert E. Rose, Justice, voluntarily recused himself from participation in the decision of this matter, and the Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] EN BANC-MS/DA/NB/WM/MG 04-07487
05/10/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Nersesian & Sankiewicz--check no. 3741.
05/10/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-08640
05/27/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[NRAP 40(c).] fn2[The Honorable Robert E. Rose, Justice, voluntarily recused himself from participation in the decision of this matter, and the Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] EN BANC 04-09820
06/22/2004RemittiturIssued Remittitur. Returned Exhibits: Original Videotape Lodged with the District Court on June 6, 2002, in support of Plaintiff's Motion for Partial Summary Judgment this day. 04-10331
06/22/2004Case Status Update Remittitur Issued/Case Closed.
08/03/2004RemittiturFiled Remittitur. Received by County Clerk on June 24, 2004. 04-10331
10/12/2004MotionFiled Motion. Motion for Publication of Order of Affirmance. 04-18896
11/02/2004Order/ProceduralFiled Order Denying Motion. to Publish. This court previously issued an unpublished order resolving this appeal. Respondents have filed a motion to publish that order as an opinion. The motion is unopposed, Having considered the motion, we conclude that publication of our prior order is not warranted. Accordingly, we deny the motion to publish. fn1[The Honorable Robert E. Rose, Justice, voluntarily recused himself from participation in the decision of this matter, and the Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] 04-20191