judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

RESOLUTION SETTLEMENT CORP. VS. CURRY

Case Information: 40993
Short Caption:RESOLUTION SETTLEMENT CORP. VS. CURRYCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A435557Classification:Civil Appeal - General - Other
Disqualifications:ParraguirreCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/05/2003 / Haberfeld, StephenSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/26/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from The Law Office of Eric A. Daly, LLC--check no. 001151.
02/26/2003Notice 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.) 03-03194
03/05/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Hon. Stephen E. Haberfeld. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/10/2003Docketing StatementFiled Docketing Statement. 03-03928
03/11/2003Notice/Outgoing Letter. Stephen E. Haberfeld. (docketing statement)
07/07/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 2, 2003. 03-11262
08/18/2003MotionFiled Motion to Strike. Motion to Strike Second Case Settlement Conference and Establish Briefing Schedule, Change Settlement Judge or in the Alternative to Excuse Curry from Appearing at the Second Case Settlement Conference and for an Emergency Stay. 03-13700
08/26/2003MotionFiled Response to Motion. Opposition to Motion to Strike Second Case Settlement Conference and Establish Briefing Schedule, Change Settlement Judge or in the Alternative to Excuse Curry from Appearing at the Second Case Settlement Conference and for an Emergency Stay. 03-14340
08/28/2003Settlement Program ReportFiled Interim Settlement Program Report. The September 2, 2003, settlement conference has been continued pending resolution of Respondent's Motion to Strike Second Case Settlement Conference. (Filed via fax.) 03-14497
08/29/2003Settlement Program ReportFiled Interim Settlement Program Report. The September 2, 2003, settlement conference has been continued pending resolution of Respondent's Motion to Strike Second Case Settlement Conference. (ORIGINAL of fax filed on 8/28/03.) 03-14615
09/04/2003Letter/IncomingFiled Letter. from Eric C. Daly regarding the settlement conference. 03-14860
09/23/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued. 03-15938
10/01/2003Other Other. Filed Motion for Leave to Respond to Respond to Settlement Judge Haberfeld's Late Filed Report and Response to Judge Haberfeld's Late Filed Report. 03-16350
10/07/2003MotionFiled Response to Motion. Opposition to Respondent's "Motion for Leave to Respond to Settlement Judge Haberfeld's Late Filed Report" and Reply to "Response to Judge Haberfeld's Late Filed Report." 03-16674
10/13/2003MotionFiled Response to Motion. Supplement to Opposition to Respondent's "Motion for Leave to Respond to Settlement Judge Haberfeld's Late Filed Report" and Reply to "Response to Judge Haberfeld's Late Filed Report." 03-16927
03/08/2004Letter/IncomingFiled Letter. from attorney Hayley Chambers inquiring as to the status of this case. 04-04415
06/23/2004Settlement Order/Procedural Order Removing From Settlement Program/Briefing Reinstated. The parties and settlement judge have filed numerous motions, settlement conference reports and letters regarding the assignment of this case to the settlement conference program. Having reviewed the filings on this matter, we conclude that this appeal should be removed from the settlement conference program. We deny as moot the relief requested in those motions, reports, and letters and we reinstate the deadlines for requesting transcripts and filing briefs. Transcript request form or certificate of no transcript request due: 10 days. Opening brief and appendix due: 90 days. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In preparing and assembling the appendix, counsel shall strictly comply with the provisions of NRAP 30. 04-11406
07/12/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 01/24/03. To Court Reporter: James Helleso. 04-12650
09/20/2004Order/ProceduralFiled Order. Regarding Transcripts. On July 12, 2004, appellant filed a transcript request form requesting court reporter James Helleso to produce a transcript. To date, the requested transcript for proceedings held on January 24, 2003, has not been filed. Our review of the district court minutes indicates that no court reporter/recorder was present at the proceedings of January 24, 2003. Accordingly, Mr. Helleso is not obligated to file the requested transcript. fn1[A copy of the transcript request form is attached to this order.] 04-17363
09/21/2004MotionFiled Motion. The American Legal Finance Association. 04-17459
09/23/2004BriefFiled Opening Brief. 04-17602
09/23/2004AppendixFiled Appendix to Opening Brief. 04-17603
10/13/2004MotionFiled Motion. Gage & Gage, L.L.P.'s Motion to Withdraw as Counsel of Record, for Stay, and to Reduce Attorneys Fees and Costs to Judgment. 04-18948
10/20/2004MotionFiled Response to Motion. Appellant's Opposition to Gage & Gage's Motion to Withdraw, for Stay, and to Reduce Attorney Fees and Costs to Judgment. 04-19398
12/17/2004Order/ProceduralFiled Order. The American Legal Finance Association (ALFA) has moved for leave to file an amicus curiae brief in support of appellant. Cause appearing, we grant ALFA's unopposed motion for leave to file an amicus curiae brief. See NRAP 29. ALFA shall have 15 days from the date of this order to file and serve an amicus curiae brief that complies with the Nevada Rules of Appellate Procedure. fn1[ALFA has attached a proposed amicus curiae brief to their motion for leave to file the brief. However, the proposed brief does not have a proper colored cover and does not comply with margin and character spacing requirements. See NRAP 32(a).] We caution ALFA that this court may disregard any portions of the amicus brief that present partisan argument. We additionally note that this court may disregard the amicus brief if further review indicates that it essentially duplicates arguments made in appellant's opening brief. Attorney Noel A. Gage, of Gage & Gage, has filed a 'Motion to Withdraw as Counsel of Record, for Stay, and to Reduce Attorneys Fees and Costs to Judgment.' In order to allow respondent to retain new counsel, Mr. Gage requests that this court stay this appeal for 30 days. Additionally, Mr. Gage requests that 'the fees and costs expended to-date on behalf of Respondent Mary Curry in the total amount of $7,151.53 be reduced to judgment.' Appellant Resolution Settlement Corporation (RSC) opposes Mr. Gage's motion. Cause appearing, we grant Mr. Gage's motion in part. We grant Mr. Gage's request to withdraw as respondent's counsel of record. The clerk shall remove Mr. Gage and Gage & Gage as counsel of record for respondent. Further, to allow respondent the opportunity to retain new counsel, we grant Mr. Gage's request for a limited extension of time. Respondent shall have 30 days from the date of this order to obtain new counsel and cause counsel to file a notice of appearance with this court. If new counsel enters a notice of appearance with this court, respondent shall have 30 days from that date to file a combined answering brief to the opening brief and amicus brief. If respondent does not intend to obtain new counsel, she shall so inform this court in writing within the same time period. We caution respondent that if she does not retain new counsel she will not be permitted to file documents in proper person. See NRAP 46(b). Mr. Gage has not cited to any authority to support his request for this court to enter judgment awarding attorney fees and costs on appeal. This is not the appropriate tribunal to assess the validity of the claim or the reasonableness of the attorney fees that Mr. Gage requests. Accordingly, we deny Mr. Gage's request to reduce his attorney fees claim to judgment. 04-23007
12/29/2004OtherDisqualification of Justice Parraguirre. Sat in district court proceedings.
01/03/2005BriefFiled Amicus Brief. American Legal Finance Association, Inc. Amicus Curiae's Opening Brief. 05-00061
03/03/2005Notice/IncomingFiled Notice of Change of Address. Law Office of Eric A. Daly, LLC 05-04238
03/03/2005Notice/IncomingFiled Notice of Appearance. Michael A. Reason as counsel for respondent Mary Curry. 05-04239
03/11/2005MotionFiled Stipulation/Dismiss Appeal. 05-04887
03/23/2005Order/DispositionalFiled Stipulated Dismissal. Pursuant to the stipulation of the parties and cause appearing, " . . . this appeal is dismissed." The parties shall bear their own costs and attorney fees. NRAP 42(b). fn1[In light of this order, no action shall be taken on respondent's February 8, 2005, proper person motion for an extension of time to retain counsel and the February 17, 2005, opposition to that motion.] SNP/CLK 05-05650
03/23/2005Case Status Update Case Closed. No remittitur issued.