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United States Court Cases

Nevada Supreme/Appellate Court Record

OWEN VS. ENGLISH SPRINGER SPANIEL CLUB C/W 43651

Case Information: 42857
Short Caption:OWEN VS. ENGLISH SPRINGER SPANIEL CLUB C/W 43651Court:Supreme Court
Consolidated:42857*, 43651 Related Case(s): 43651
Lower Court Case(s):Clark Co. - Eighth Judicial District - A434840Classification:Civil Appeal - General - Other
Disqualifications:Maupin, ParraguirreCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/10/2004 / Berkson, LesterSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:07/05/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/27/2004OtherDisqualification of Justice Maupin. Law firm of Thorndal Armstrong Delk Balkenbush & Eisinger
02/27/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Law Office of Charles Lobello--check no. 3172.
02/27/2004Notice 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.) 04-03767
03/10/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lester H. Berkson. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/17/2004Docketing StatementFiled Docketing Statement. 04-05038
03/19/2004Notice/Outgoing Letter. Lester H. Berkson. (docketing statement)
05/04/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-08184
05/18/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the 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). 04-09245
06/02/2004Transcript RequestFiled Certificate of No Transcript Request. 04-10108
09/03/2004MotionFiled Motion and Order Extending Time. Brief due: October 15, 2004. 04-16114
09/03/2004MotionFiled Motion to Consolidate. Nos. 42857 and 43651 04-16159
10/01/2004Order/ProceduralFiled Order/Show Cause. These are appeals from an order denying an injunction and from an order and an amended order awarding attorney fees. Our preliminary review of the docketing statements and the documents submitted to this court pursuant to NRAP 3(e) reveals a potential jurisdictional defect in Docket No. 43651. fn3[We note that in Docket No. 42857, it appears that we have jurisdiction over appellants' appeal from the district court's January 27, 2004 order denying their claim for injunctive relief under NRAP 3A(b)(2) (allowing an appeal from an order refusing to grant an injunction.] Appellants shall have 30 days from the date of this order to show cause why their appeal in docket No. 43651 should not be dismissed for lack of jurisdiction. We suspend the briefing schedule in both appeals pending further order of this court. fn5[We defer ruling on appellants' motion to consolidate pending further order of this court.] Nos. 42857/43651 – cases are not consolidated. 04-18229
11/03/2004MotionFiled Response to Order to Show Cause. Appellant's Response to Order to Show Cause. Nos. 42857/43651 - not consolidated. 04-20255
12/08/2004Order/ProceduralFiled Order. Consolidating Appeals and Reinstating Briefing. These are appeals from an order denying an injunction, and from an order and an amended order awarding attorney fees. Our preliminary review of the docketing statements and the documents submitted to this court pursuant to NRAP 3(e) revealed a potential jurisdictional defect in Docket No. 43651. Accordingly, we directed appellants to show cause why their appeal in Docket No. 43651 should not be dismissed for lack of jurisdiction. In response, appellants have provided this court with district court orders entered on September 8, 2003 and October 21, 2004, which collectively resolve the outstanding claims mentioned above. And on November 1, 2004, appellants filed a timely amended notice of appeal in the district court. Accordingly, as appellants have cured the jurisdictional defect, this appeal shall proceed. As these matters arise from the same underlying case, we grant appellants' September 3, 2004 motion to consolidate, and hereby consolidate these appeals. Appellants shall have thirty days from the date of this order in which to file one opening brief and appendix incorporating both appeals. Briefing shall thereafter proceed in accordance with NRAP 31(a)(1). Nos. 42857/43651. (04-22351) 04-22351
12/30/2004OtherDisqualification of Justice Parraguirre. Sat in district court proceedings.
01/07/2005MotionFiled Motion and Order Extending Time. Brief due: February 7, 2005. Nos. 42857/43651. 05-00422
02/03/2005MotionFiled Motion to Extend Time. Second Request. Nos. 42857/43651. 05-02201
02/07/2005Order/ProceduralFiled Order Granting Motion. filed February 3, 2005 in these consolidated appeals. Appellants shall have until March 9, 2005, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 42857/43651. (05-02470) 05-02470
03/08/2005BriefFiled Opening Brief. Nos. 42857/43651. 05-04619
03/08/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 4. Nos. 42857/43651. 05-04621
04/06/2005MotionFiled Stipulation and Order. Brief due: May 9, 2005. Nos. 42857/43651. 05-06750
05/11/2005BriefFiled Answering Brief. Nos. 42857/43651. 10/26/05 Order: Answering Brief-Stricken.jcr
05/11/2005AppendixFiled Appendix to Answering Brief. Nos. 42857/43651. 10/26/05 Order: Appendix to Answering Brief-Stricken.jcr 05-09252
06/13/2005MotionFiled Motion and Order Extending Time. Brief due: July 13, 2005. Nos. 42857/43651. (05-11588) 05-11588
07/14/2005MotionFiled Motion to Strike. Motion to Strike Portions of Respondents' Answering Brief and Respondents' Appendix. Nos. 42857/43651 05-14088
07/14/2005BriefFiled Reply Brief. Nos. 42857/43651. 10/26/05 Order: Reply Brief-Stricken.jcr
07/25/2005MotionFiled Motion to Extend Time. Motion for Extension of Time for Filing Opposition to Appellants' Motion to Strike Portions of Respondents' Answering Brief and Respondents' Appendix. Nos. 42857/43651. 05-14693
09/12/2005MotionReceived Response to Motion. Respondents' Opposition to Appellants' Motion to Strike Portions of Respondents' Answering Brief and Respondents' Appendix. Nos. 42857/43651.[ 05-18025
10/26/2005Order/ProceduralFiled Order. We grant the unopposed motion to respond to appellants' motion to strike. The clerk shall file the opposition received on September 12, 2005. We grant appellant's motion to strike. We direct the clerk to strike the answering brief and appendix filed on May 11, 2005. We also direct the clerk to strike the reply brief filed on July 14, 2005. Amended answering brief due: 20 days. Appellant shall have 20 days from service of the amended answering brief to file an amended reply brief. Nos. 42857/43651. (05-21211) 05-21211
10/26/2005MotionFiled Response to Motion. Respondents' Opposition to Appellants' Motion to Strike Portions of Respondents' Answering Brief and Respondents' Appendix. Nos. 42857/43651. (05-18025) 05-18025
11/18/2005BriefFiled Amended Brief. Respondent's Amended Answering Brief. Nos. 42857/43651. 05-22804
11/18/2005AppendixFiled Appendix to Answering Brief. Respondent's Amended Appendix. Nos. 42857/43651. 05-22807
12/07/2005BriefFiled Amended Brief. Amended Reply Brief. Nos. 42857/43651. 05-23936
07/05/2006Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for decision Without Oral Argument. 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. Nos. 42857/43651. (06-13838) 06-13838
07/05/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP02-RR/MD/NB. Nos. 42857/43651.
10/02/2006Order/DispositionalFiled Dispositional Order/Appeal. These are consolidated appeals. Order Affirming in Part, Reversing in Part and Remanding. "We affirm the district court's summary judgment, reverse the district court's order awarding attorney fees, and remand this matter to the district court for proceedings consistent with this court." NNP06-RR/MD/NB. Nos. 42857/43651. 06-20124
10/30/2006RemittiturIssued Remittitur. 06-21144
10/30/2006Case Status Update Remittitur Issued/Case Closed.
11/07/2006RemittiturFiled Remittitur. Received by County Clerk on November 1, 2006. 06-21144