DUTCHESS BUSINESS SERVICES VS. LING - Nevada Supreme/Appellate Court Record

Case Information: 42859
Short Caption:	DUTCHESS BUSINESS SERVICES VS. LING	Court:	Supreme Court
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A474860	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:	11/21/2005 / Berkson, Lester	SP Status:	Completed
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
02/27/2004	Filing Fee	Received Filing Fee Paid on Filing. $250.00 from Santoro, Driggs, Walch, Kearney, Johnson & Thompson--check no. 4880.
02/27/2004	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.)		04-03775
03/10/2004	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/15/2004	Docketing Statement	Filed Docketing Statement.		04-04849
03/17/2004	Notice/Outgoing	Letter. Lester H. Berkson. (docketing statement)
03/18/2004	Notice/Incoming	Filed Proof of Service. of docketing statement to settlement judge Berkson.		04-05200
03/24/2004	Motion	Filed Motion to Dismiss Appeal.		04-05527
03/29/2004	Order/Procedural	Filed Order Denying Motion. Respondent has moved to dismiss this appeal for lack of jurisdiction. We deny the motion. This denial is without prejudice to respondent's right to renew the motion, if necessary, upon completion of settlement proceedings.		04-05764
04/08/2004	Motion	Filed Response to Motion.		04-06519
05/04/2004	Settlement Program Report	Filed Interim Settlement Program Report. Settlement Judge recommends removal for jurisdictional review.		04-08192
05/19/2004	Order/Procedural	Filed Order. Order Removing Appeal from Settlement Conference Program. Pursuant to the written request of the settlement judge, and good cause appearing, this appeal is removed from the settlement conference program. Briefing and compliance with NRAP 9(a) shall remain suspended, however, pending a preliminary jurisdictional review of this appeal and further order of this court. This court previously denied respondent's motion to dismiss this appeal for lack of jurisdiction. That denial was without prejudice to respondent's right to refile such a motion upon completion of settlement proceedings. Based on the recommendation of the settlement judge, we will reconsider that motion along with appellant's opposition to the motion. If it is determined that jurisdiction is proper and this court reinstates briefing, the parties may file a stipulation to request that this appeal be reassigned to the settlement conference program.		04-09260
06/04/2004	Motion	Filed Motion for Permission to File Document. Respondent's Motion for Leave to File a Reply in Support of Respondent's Moiton to Dismiss the Appeal for Lack of Jurisdiction. 08/17/05 Order-fn6: detached and filed the reply attached to the motion filed 06/04/05.jcr		04-10260
06/21/2004	Motion	Received Response to Motion. Opposition to Respondent's Motion for Leave to File A Reply in Support of Respondent's Motion to Dismiss the Appeal for Lack of Jurisdiction.		04-11193
07/06/2004	Motion	Filed Motion to Extend Time. Motion to Enlarge Time to File Opposition to Respondent's Motion for Leave to File a Reply.		04-12257
07/12/2004	Motion	Filed Response to Motion. Respondent Louis Ling's Response to Appellant's Motion to Enlarge Time to File Opposition to Respondent's Motion for Leave to File a Reply.		04-12611
08/19/2004	Settlement Program Report	Filed Interim Settlement Program Report. Per Supreme Court Order filed 5/19/04, this appeal was removed from the settlement program.		04-15035
08/17/2005	Order/Procedural	Filed Order Denying Motion. to Dismiss Appeal and Reinstating Briefing. On February 23, 2004, appellants filed a notice of appeal. Respondent Ling then moved to dismiss this appeal for a lack of jurisdiction. Appellants oppose the motion. fn1[Appellants, I n their opposition argue that Ling's motion to dismiss this appeal was untimely under NRAP 14(f). Ling's motion to dismiss this appeal is timely.] We conclude that we have jurisdiction to consider this appeal, and we reinstate the briefing. Appellants shall have 15 days from the date of this order to file their transcript request form or a certificate that no transcripts are needed and 90 days to file and serve their opening brief and appendix. Briefing shall then proceed with NRAP 31(a)(1). fn6[We grant respondent's motion to file a reply in support of his motion to dismiss, and we direct the court clerk to detach and file the reply. We deny as moot appellants' motion for additional time to oppose respondent's motion for leave to file the reply.]		05-16279
08/17/2005	Motion	Filed Response to Motion. Opposition to Respondent's Motion for Leave to file a Reply in Support of Respondent's Motion to Dismiss the Appeal for lack of Jurisdiction.		04-11193
08/17/2005	Motion	Filed Reply to Response. Reply in Support of Respondent's Motion to Dismiss the Appeal for Lack of Jurisdiction. 08/17/05 Order-fn6: detached and filed the reply attached to the motion filed 06/04/05.jcr		05-16280
09/06/2005	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 12/22/03and 01/13/04. To Court Reporter: Sharon Howard.		05-17567
09/06/2005	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 10/14/03. To Court Reporter: Lee Bahr.		05-17568
09/09/2005	Notice/Incoming	Filed Notice of Change of Address. Notice of Firm Name Change and Address.		05-17924
09/09/2005	Transcript	Filed Transcript. Proceedings: 10/14/03. Court Reporter: Lee M. Bahr.		05-17927
09/23/2005	Transcript	Filed Transcript. Proceedings: 12/22/03 and 01/13/04. Court Reporter: Sharon Howard.		05-18946
10/18/2005	Notice/Incoming	Filed Substitution of Attorneys. Torry R. Somers and Patrick J. Reilly of Hale, Lane, Peek Dennison and Howard in place and stead of Santoro, Driggs, Walch, Kearney, Johnson & Thompson.		05-20567
11/07/2005	Motion	Filed Motion. Joint Motion to Have this Matter Sent to a Settlement Conference.		05-21949
11/18/2005	Order/Procedural	Filed Order. pursuant to the parties' joint motion, the clerk shall reassign this matter to the settlement conference program. Brief is stayed pending further order of this court.		05-22796
11/21/2005	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson (reassignment) . (Briefing and preparation of transcripts suspended pending further order of this court.)
02/06/2006	Settlement Program Report	Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.		06-02677
02/13/2006	Notice/Incoming	Filed Notice of Change of Address.		06-03189
02/14/2006	Settlement Order/Procedural	Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the briefing schedule. Appellants: 45 days to file and serve opening brief and appendix.		06-03211
04/03/2006	Motion	Filed Motion to Extend Time. Joint Motion for Enlargement of Time to File Briefs.		06-06893
05/05/2006	Order/Procedural	Filed Order Granting Motion. Opening brief and appendix due: July 20, 2006. No further extensions of time shall be granted absent extreme and unforeseeable circumstances.		06-09427
06/06/2006	Motion	Filed Motion. Emergency Motion to Withdraw as Counsel for Appellants.		06-11753
06/23/2006	Notice/Incoming	Filed Notice. Notice of Change of Zip Code.		06-13082
10/06/2006	Order/Procedural	Filed Order. We grant the motion to withdraw. The clerk of this court shall remove the law firm of Hale Lane and attorney Patrick J. Reilly as counsel of record for appellants in this appeal. Appellants: 30 days to obtain new counsel and cause new counsel to file a notice of appearance with this court. If appellants do not wish to pursue this appeal, they shall so inform this court within the same time period. We caution appellants that failure to comply with this order may result in dismissal of this appeal as abandoned. Fn1 [In light of this order, we vacate the briefing schedule established in our February 14, 2006.]		06-20577
11/29/2006	Other	Returned Mail. Order filed 10/06/06, addressed to Dutchess Business Services and Legend Pharmaceuticals returned. No forwarding address.
03/08/2007	Order/Dispositional	Filed Order Dismissing Appeal. To date appellants have failed to comply with our October 6, 2006, order or to otherwise communicate with this order. "We dismiss this appeal as abandoned." SNP07-MG/MD/MC		07-05580
03/23/2007	Other	Returned Mail. Order Dismissing Appeal, addressed to Dutchell Business Services returned. No forwarding address.
03/29/2007	Other	Returned Mail. Order Dismissing Appeal, addressed to Legend Pharmaceuticals, Inc. returned. No forwarding address.
04/03/2007	Remittitur	Issued Remittitur.		07-07147
04/03/2007	Case Status Update	Remittitur Issued/Case Closed.
04/12/2007	Remittitur	Filed Remittitur. Received by County Clerk on April 5, 2007.		07-07147
04/23/2007	Other	Returned Mail. Remittitur issued 04/03/07, addressed to Dutchess Business Services and Legend Pharmaceuticals in care of Lance Packer returned. No forwarding address.