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United States Court Cases

Nevada Supreme/Appellate Court Record

BOYD VS. SMITH & HARMER C/W 45180/45442

Case Information: 46594
Short Caption:BOYD VS. SMITH & HARMER C/W 45180/45442Court:Supreme Court
Consolidated: 45180 *, 45442 , 46594Related Case(s): 45180 , 45442
Lower Court Case(s):Douglas Co. - Ninth Judicial District - 03CV0309Classification:Civil Appeal - General - Other
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:05/05/2008 at 10:00 AMOral Argument Location:Carson City
Submission Date:05/05/2008How Submitted:After Oral Argument

+ Party Information

Docket Entries
01/17/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Rowe & Hales (US Bank Official Check No. 509403660).
01/17/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/No Settlement. Notice of exemption from settlement conference program mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 06-01050
02/01/2006Docketing StatementFiled Docketing Statement. 06-02317
02/02/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/20/05. To Court Reporter: Kathy Jackson. 06-02403
02/02/2006Notice/IncomingFiled Proof of Service. - Amended Certificate of Service to Docketing Statement. 06-02405
02/09/2006Docketing StatementFiled Response to Docketing Statement. 06-02973
02/15/2006Notice/OutgoingIssued Notice to Transmit Required Document. Decision on Pending Motions filed 3/15/04 and Notice of Entry of Decision filed 3/18/04. Due Date: 10 days
02/16/2006MotionFiled Motion to Dismiss Appeal. 06-03480
02/23/2006Notice of Appeal DocumentsFiled Documents from District Court Clerk. Decision on Pending Motions filed 3/15/04 and Notice of Entry of Decision filed 3/18/04 06-04001
02/27/2006MotionFiled Response to Motion. 06-04514
02/28/2006MotionFiled Response to Motion. Appellant's Supplement in Support of its Opposition to Respondent's Motion to Dismiss Appeal. 06-04577
03/07/2006Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Reply to Opposition to Respondent's Motion to Dismiss Appeal."
03/23/2006Order/ProceduralFiled Order. re: Briefing. We conclude that the jurisdictional issue should be addressed in the parties' briefs. We therefore defer the motion to dismiss until after briefing is complete. We direct the parties to address [listed] jurisdictional issues in their briefs. 06-06219
03/29/2006Order/ProceduralFiled Order. Regarding Transcript. Ms. Jackson has not filed the requested transcript. District court docket entries indicates that the 10/20/05, transcript was filed in the district court on 10/21/05, prior to this appeal being docketed. Appellant should include this transcript in the appendix to the opening brief. Ms. Jackson is not obligated to file and serve the 10/20/05, transcript. 06-06573
04/13/2006MotionFiled Motion to Consolidate. Motion to Consolidate Case No. 46594 with Case Nos. 45180/45442. 06-07853
04/25/2006MotionFiled Response to Motion. Opposition to Motion to Consolidate. Nos. 45180/45442 (06-08699) and No. 46594-case not consolidated. 06-08700
06/07/2006Order/ProceduralFiled Order/Consolidation. On September 15, 2005, this court consolidated Nos. 45180 and 45442. Appellant in No. 46594 (the Receiver) has moved to consolidate his appeal with Nos. 45180 and 45442. We grant the Receiver's motion and consolidate these appeals for purposes of consideration and disposition. Consolidation of these appeals does not preclude us from later dismissing the Receiver's appeal. Frank Settelmeyer & Sons is not permitted to file an opening brief in No. 46594 or address the issues raised in that appeal. We deny the Receiver's request to have Frank Settelmeyer & Sons submit a new opening brief addressing all three appeals. The Receiver shall have 30 days from the date of this order to file and serve an opening brief and appendix in No. 46594.. Respondent shall have 30 days from service of the Receiver's opening brief to file and serve its answering brief in the Receiver's appeal. If deemed necessary, the Receiver shall have 30 days from service of the respondent's answering brief to file and serve a reply brief. The clerk shall file respondent's answering brief and appendix received on May 18, 2006, in Nos. 45180 and 45442. If deemed necessary, Frank Settelmeyer & Sons shall have 30 days from the date of this order to file and serve a reply brief. fn1[We deny respondent's motion for an extension of time to file an answering brief as moot.] Nos. 45180/45442/46594. (06-11926)
06/30/2006MotionFiled Motion and Order Extending Time. Brief due: August 7, 2006 (in case no. 46594-Receiver). Nos. 45180/45442/46594. (06-13557)
07/06/2006Notice/IncomingFiled Notice of Association of Counsel. Parsons Behle and Latimer as co-counsel for Frank Settelmeyer & Sons, Inc. Nos. 45180/45442/46594 [06-13967]
07/06/2006MotionFiled Motion and Order Extending Time. Brief due: August 9, 2006. Nos. 45180/45442/46594 [06-13971]
08/01/2006BriefFiled Reply Brief. Appellant Frank Settelmeyer. Nos. 45182/45442/46594 (06-15983).
08/04/2006Notice/IncomingFiled Substitution of Attorneys. Frank Settlemeyer & Sons, Inc., by and through Sean Boyd, Receiver, hereby substitutes Parsons, Behle & Latimer as counsel of record in place and stead of Danielle L. Christenson. Nos. 45180/45442/46594. (06-16231)
08/04/2006BriefFiled Opening Brief. (for Receiver in Case No. 46594) Nos. 45180/45442/46594. (06-16234)
08/04/2006AppendixFiled Appendix to Opening Brief. Volumes 1 through 3. (for Receiver in Case No. 46594) Nos. 45180/45442/46594. (06-16239)
08/15/2006Notice/IncomingFiled Errata. Errata to Appellant's Reply Brief. Nos. 45180/45442/46594 (06-17020).
08/15/2006Notice/IncomingFiled Proof of Service. - Substitution of Attorneys. Nos. 45180/45442/46594 (06-17027).
09/01/2006MotionFiled Motion and Order Extending Time. Respondent in 46594. Brief due: October 5, 2006. Nos. 45180/45442/46594 (06-18164).
10/02/2006BriefFiled Answering Brief. Respondent Smith & Harmer in 46594. Nos. 45180/45442/46594 (06-20205).
11/01/2006MotionFiled Motion and Order Extending Time. Appellant Sean Boyd, as Receiver for Frank Settlemeyer in 46594. Brief due: December 01, 2006. Nos. 45180/45442/46594 (06-22347).
11/29/2006BriefFiled Reply Brief. Appellant in 46594. Nos. 45180/45442/46594 (06-24385).
12/07/2006Notice/IncomingFiled Notice of Change of Address. Nos. 45180/45442/46594 (06-25076). Parsons firm.
09/21/2007Notice/OutgoingIssued Notice of Justice Disqualification. Justice Gibbons. (Judge Michael Gibbons participated in d.c. proceedings) 07-20822
03/25/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on May 5, 2008 at 10:00 a.m. Nos. 45180/45442/46594. (En Banc) 08-07240
04/18/2008Notice/IncomingFiled Notice. Notice of Correction of Case Citations. Nos. 45180/45442/46594. (08-09686)
04/21/2008Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 45180/45442/46594. (08-09812)
04/24/2008Order/ProceduralFiled Order. Honorable Deborah A. Agosti, Senior Justice, in place of Chief Justice Gibbons for oral argument scheduled for May 5, 2008, at 10:00 a.m. Nos. 45180/45442/46594. (08-10237)
05/05/2008Case Status Update Submitted for Decision.
12/24/2008Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded." fn1-[The Honorable Mark Gibbons, Justice, voluntarily recused himself from participation in the decision of this matter. The Honorable Deborah A. Agosti, Senior Justice, participated in this matter under a general order of assignment.] Before the Court EN BANC. Author: Cherry, Michael A.. Majority: Cherry/Maupin/Hardesty/Parraguirre/Douglas/Saitta/Agosti. 124 Nev. Adv. Opn. No. 98. EN BANC. Nos. 45180/45442/46594 08-32617
01/12/2009Filing FeeReceived Filing Fee Paid on Filing. $150 from Parsons Behle & Latimer - check no. 5600. Nos. 45180/45442/46594.
01/12/2009Post-Judgment PetitionFiled Petition for Rehearing. (Appellant Frank Settelmeyer & Sons). Nos. 45180/45442/46594 (09-00874).
03/04/2009Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 45180/45442/46594 (09-05523).
03/31/2009RemittiturIssued Remittitur. 09-06836
03/31/2009Case Status Update Remittitur Issued/Case Closed.
04/07/2009RemittiturFiled Remittitur. Received by County Clerk on April 2, 2009. 09-06836