| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/15/2002 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Beckley Singleton--check no. 093776. | | |
| 11/15/2002 | Notice of Appeal Documents | Filed 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.) | | 02-19744
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| 11/20/2002 | Notice/Outgoing | Issued Notice to Transmit Required Document. Order filed 11/5/02. Due Date: 10 days | | |
| 12/02/2002 | Order/Incoming | Filed District Court Order. Certified copy of Stipulation and Order filed in district court on November 5, 2002. | | 02-20538
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| 12/06/2002 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Neil Galatz. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 12/23/2002 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 02-21914
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| 01/06/2003 | Other | Disqualification of Justice Gibbons. Sat in district court proceedings. | | |
| 02/20/2003 | Order/Procedural | Filed Order Dismissing Appeal in No. 39319, Directing Clerk to Transfer Documents from No. 39319 to No. 40495, Directing Counsel to Provide Additional Documentation, and Reinstating Briefing in No. 40495. As we conclude that we lack jurisdiction over the appeal in No. 39319, we dismiss that appeal. Appellants shall have 20 days from the date of this order to submit a file-stamped copy of the district court's November 5, 2002 order. We direct the clerk of this court to transfer the transcript request form filed on July 11, 2002, and the transcripts filed on March 11, 2002, August 8, 2002, October 16, 2002, and November 22, 2002, and the docketing statement filed on May 29, 2002, in No. 39319, to No. 40495. Appellants shall have 15 days from the date of this order to file any supplement to the docketing statement in No. 40495. Briefing is reinstated in Docket No. 40495. Opening Brief and Appendix due: 60 days. Nos. 39319/40495-cases are not consolidated. fn2[We deny as moot respondent's motion to reinstate the briefing schedule in Docket No. 39319.] | | 03-02831
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| 02/20/2003 | Other | Filed Transcripts. TRANSFERRED FROM DOCKET NO. 39319 PER ORDER FILED 02/20/2003. 3/11/02 Filed Certified Copy of Transcript. Proceedings: 12/12/01; 12/19/01. Court Reporter: Renee Silvaggio. 08/08/02 Filed Certified Copy of Transcript. Proceedings: October 29, 2001. Court Reporter: Patsy K. Smith. 10/16/02 Filed Certified Copy of Transcript. Proceedings: 12/10/01, 12/11/01, 12/14/01. Court Reporter: Julie Lever. 11/22/02 Filed Certified Copy of Transcript. Proceedings: 5/7/01; 6/6/01; 6/20/01; 7/2/01; 7/11/01; 9/11/01; 10/9/01; 11/27/01; 11/30/01; 12/4/01; 12/5/01; 12/6/01; 12/10/01; 12/11/01; 12/12/01; 12/13/01; 12/18/01; 12/19/01; 12/20/01; 12/21/01; 01/07/02; 01/28/02; and 04/08/02 Court Reporter: Renee Silvaggio. | | |
| 02/20/2003 | Transcript Request | Filed 07/11/2002-Filed Request for Transcript of Proceedings. Transcripts requested: 12/4/01 through 12/20/01; 5/5/01, 5/7/01, 6/6/01, 6/20/01, 7/2/01, 7/11/01, 9/11/01, 10/9/01, 10/29/01, 11/27/01, 11/30/01, 12/21/01, 1/7/02, 1/28/02 and 4/8/02. To Court Reporter: Renee Silvaggio. (TRANSFERRED FROM DOCKET NO. 39319 PER ORDER FILED 02/20/2003). | | 11-09574
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| 02/20/2003 | Docketing Statement | Filed Docketing Statement. (TRANSFERRED FROM DOCKET NO. 39319 PER ORDER FILED 02/20/2003). | | 11-09576
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| 03/10/2003 | Motion | Filed Response to Order to Show Cause. Response to Directive to Provide Additional Documentation. | | 03-03995
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| 03/14/2003 | Docketing Statement | Filed Docketing Statement. Supplement to Docketing Statement. | | 03-04383
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| 04/23/2003 | Motion | Filed Motion and Order Extending Time. Brief due: May 21, 2003. | | 03-06920
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| 04/23/2003 | Motion | Filed Response to Motion. to File Opening Brief and Motion to Dismiss. | | 03-06921
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| 05/23/2003 | Motion | Filed Motion for Excess Pages. | | 03-08798
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| 05/23/2003 | Brief | Received Opening Brief. RETURNED, UNFILED, PER ORDER FILED 8/20/03. | | 03-08799
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| 06/04/2003 | Motion | Filed Motion. Motion to Strike Opening Brief of Appellant and for Other Relief. | | 03-09334
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| 06/16/2003 | Motion | Filed Response to Motion. Opposition to Motion to Strike and Motion to File Amended Brief. | | 03-09970
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| 06/18/2003 | Motion | Filed Motion. Motion Requesting Original Exhibits. | | 03-10147
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| 06/18/2003 | Motion | Filed Motion for Excess Pages. Emergency Motion to File Brief in Excess of Thirty Pages. | | 03-10150
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| 06/30/2003 | Motion | Filed Response to Motion. Opposition to Motion for Original Exhibits. | | 03-10952
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| 07/02/2003 | Motion | Filed Motion for Permission to File Document. Motion Requesting to File and Serve a Reply Brief to the Opposition of Appellants' to Respondent's Motion Requesting Original Exhibits. | | 03-11105
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| 08/20/2003 | Order/Procedural | Filed Order. Order Resolving Motions; Filing Opening Brief, Appendix and Answering Brief; and Directing Transmission of Original Exhibits. On the morning of April 23, 2003, appellants filed a motion for a 30-day extension of time to file the opening brief in this appeal. That same morning, appellants' motion was granted. On the afternoon of April 23, 2003, respondent filed an opposition to appellants' motion. We elect to treat the opposition as a motion for reconsideration of this court's order granting the extension. Because we conclude that appellants demonstrated good cause for the extension, we deny respondent's motion for reconsideration and request to dismiss this appeal. On June 6, 2003, respondent filed a 'Motion to Strike Opening Brief of Appellant and for Other Relief.' Respondent alternatively requests this court to 'deny the Appellants the opportunity to file a Reply Brief to include additional citations to the Record,' impose sanctions against appellants, direct appellants to obtain a copy of the December 17, 2001, trial transcript, extend the period for filing the answering brief and grant respondent permission to file an answering brief of up to 50 pages. Appellants oppose the motion. Appellants' counsel has submitted an amended opening brief that is 42 pages in length and contains a corrected table of authorities. Appellants request this court to deny the motion to strike, or alternatively, to grant them permission to file the amended opening brief. Because appellants concede that the opening brief received on May 23, 2003, contains an incorrect table of authorities and because appellants have submitted an amended opening brief that corrects this deficiency, we grant respondent's motion to the extent that it requests this court to strike the opening brief received on May 23, 2003. All other relief requested in respondent's June 4, 2003, motion is denied. The clerk of this court shall return, unfiled, the opening brief received on May 23, 2003. Further, we grant appellants' request to file their 42-page amended opening brief. The clerk of this court shall file the amended opening brief received on June 16, 2003, and the appendix received on May 27, 2003. On June 18, 2003, respondent filed a motion for leave to file an answering brief in excess of 30 pages. Cause appearing we grant the motion. The clerk of this court shall file the answering brief received on June 26, 2003. Appellants shall have 30 days from the date of this order to file and serve a reply brief, if deemed necessary. It appears that the December 17, 2001, transcript cannot be produced. Accordingly, if either party intends to rely on testimony presented at the December 17, 2001, proceeding, the parties shall prepare a statement of the evidence or proceedings in compliance with NRAP 9(d). If the parties will be preparing such a statement, they shall so notify this court within 15 days from the date of this order. On June 18, 2003, respondent filed a motion requesting the transmission of original exhibits pursuant to NRAP 30(d). Respondent specifically requests the transmission of 'District Court Exhibit #28, 'Day in the Life Film' of Robert Stuart [3 Videotapes]' and 'District Court Exhibit #14, 'Robert Stuart Residence' [1 Videotape – 11 minutes. Appellants oppose the motion to transmit the original exhibits. Because it appears that the review of the original exhibits may assist this court in reviewing this issue, we grant the motion to transmit original exhibits. The district court clerk shall, within 30 days from the date of this order, certify and transmit the original exhibits identified above that were filed in district case number A430317. Fn1 [We deny as moot, appellants' May 23, 2003, motion to file a 55-page opening brief.] Fn2 [In light of this order, we deny, as moot, respondent's July 2, 2003, motion to file a reply to appellants' opposition to the motion to transmit original exhibits.] | | 03-13934
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| 08/20/2003 | Other | Returned Unfiled Document. Appellant's Opening Brief. | | 03-08799
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| 08/20/2003 | Brief | Filed Amended Brief. Appellant's Amended Opening Brief. | | 03-09971
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| 08/20/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 6. | | 03-08850
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| 08/20/2003 | Brief | Filed Answering Brief. Respondent's Answering Brief. | | 03-10717
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| 08/20/2003 | Appendix | Filed Appendix to Answering Brief. | | 03-10719
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| 09/16/2003 | Motion | Filed Response to Order to Show Cause. Response to Order Regarding NRAP 9 (d) Statement. | | 03-15470
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| 09/19/2003 | Motion | Filed Motion and Order Extending Time. Brief due: October 20, 2003. | | 03-15729
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| 10/22/2003 | Brief | Filed Reply Brief. | | 03-17605
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| 11/25/2003 | Order/Procedural | Filed Order. regarding NRAP 9(d) Statement. Although briefing was completed on October 22, 2003, upon the filing of the reply brief, to date, appellants have not filed a statement in compliance with NRAP 9(d). Appellants shall have 15 days from the date of this order to file a statement in compliance with NRAP 9(d). Alternatively, if appellants no longer intend to file a statement in compliance with NRAP 9(d), they shall so inform this court within the same time period. | | 03-19652
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| 12/11/2003 | Notice/Incoming | Filed Notice. Appellant's Notification of Intent Regarding N.R.A.P. 9 (d). | | 03-20654
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| 12/26/2003 | Motion | Filed Motion. Motion to Expedite Oral Hearings. | | 03-21479
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| 05/04/2004 | Notice/Incoming | Filed Substitution of Attorneys. Michael M. Edwards of Lewis Brisbois Bisgaard & Smith LLP in place and stead of Morris, Polich & Purdy. | | 04-08102
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| 05/06/2004 | Order/Procedural | Filed Order. Respondent has moved to expedite the scheduling of oral argument in this matter. This court has determined that oral argument of this appeal is not necessary and that 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). Accordingly, we deny respondent's motion. Nonetheless, we will expedite our consideration of this matter to the extent this court's docket permits. | | 04-08335
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| 05/06/2004 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP04S-MS/NB/DA | | |
| 07/20/2004 | Motion | Filed Motion. | | 04-13179
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| 07/21/2004 | Motion | Filed Response to Motion. Memorandum of Points and Authorities (Response to Motion Schedule Oral Argument). | | 04-13230
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| 09/02/2004 | Order/Procedural | Filed Order. Denying Motion for Oral Argument and Granting Motion to Strike in Part. On July 20, 2004, appellants filed a motion requesting this court to set this appeal for oral argument. This court having previously determined that oral argument is not necessary, we elect to treat appellant's request as a motion to reconsider our order of May 6, 2004, and deny the motion. Appellants having improperly appended matters outside of the record in support of their motion, we grant respondent's motion to strike and direct the clerk of this court to detach the exhibits from appellant's motion and remove them from the record of this matter. | | 04-16015
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| 09/02/2004 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04S-MS/NB/DA | | 04-16038
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| 09/28/2004 | Remittitur | Issued Remittitur. Returned Exhibits:Joint Exhibits # 14 and 28 (videotapes). | | 04-16371
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| 09/28/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/04/2004 | Remittitur | Filed Remittitur. Received by County Clerk on September 30, 2004. | | 04-16371
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