| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 01/08/2003 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Lionel Sawyer & Collins--check no. 011760. | | |
| 01/08/2003 | 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.) | | 03-00399
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| 01/17/2003 | Docketing Statement | Filed Docketing Statement. | | 03-00942
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| 01/24/2003 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: David Robinson. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 03/31/2003 | Motion | Filed Motion for Stay. Appellant's Motion to Stay District Court Proceedings pending Interlocutory Appeal of Order Denying Arbitration. | | 03-05323
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| 04/02/2003 | Motion | Filed Motion to Extend Time. Joint Motion for Extension of Time for Respondents to file Opostition to Appellants' Motion to Stay District Court Proceedings Pending Appeal. | | 03-05527
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| 04/04/2003 | Order/Clerk's | Filed Clerk's Order Granting Motion. to file opposition. Respondents' shall have until April 9, 2003, to file and serve their opposition to stay district court proceedings. | | 03-05720
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| 04/11/2003 | Motion | Filed Response to Motion. Opposition to Appellant's Motion for Stay Pending Appeal. | | 03-06137
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| 04/14/2003 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 03-06337
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| 05/13/2003 | Motion | Filed Response to Motion. Respondents' Supplement to Opposition to Motion to Stay Pending Appeal. | | 03-08142
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| 08/19/2003 | Order/Procedural | Filed Order. Granting Stay. In determining whether to grant a stay pending appeal, this court considers four factors. We conclude that these factors militate in favor of a stay. We grant appellants' motion and stay the proceedings in District Court Case No. A457315. | | 03-13858
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| 08/29/2003 | Notice/Incoming | Filed Notice of Association of Counsel. Representing respondent: Lemons, Grundy & Eisenberg, and Robert L. Eisenberg. | | 03-14628
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| 08/29/2003 | Motion | Filed Motion. Emergency Motion to Modify Stay Order (Decision Needed before September 8, 2003). | | 03-14629
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| 08/29/2003 | Other | Other. Filed Declaration of Robert M. Steele. | | 03-14630
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| 09/02/2003 | Order/Procedural | Filed Order. Modifying Stay to Permit District Court to Rule on Pending Motion. On August 19, 2003, we grant appellants' motion to stay the district court proceedings pending appeal. On August 29, 2003, respondents filed a motion, seeking to modify our stay to clarify that the arbitration is also stayed. We grant respondents' motion in part, and modify our stay to permit the district court to rule on respondents' motion for enforcement of court order and stay of arbitration proceedings, filed in the district court on or about July 30, 2003. | | 03-14732
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| 09/12/2003 | Motion | Filed Motion for Stay. Emergency Motion to Stay Arbitration or for Modification of Prior Stay Order. | | 03-15284
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| 09/12/2003 | Motion | Filed Response to Motion. Appellants' Opposition to Emergency Motion to Stay Arbitration or for Modification of Prior Stay Order. | | 03-15344
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| 09/12/2003 | Letter/Incoming | Filed Letter. (via fax) from attorney Bob Eisenberg. The hearing is on Monday, September 15, 2003, NOT September 22 as the emergency motion indicates. | | 03-15345
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| 09/15/2003 | Notice/Incoming | Filed Proof of Service. --Affidavit of Mailing (for opposition to emergency motion to stay arbitration) | | 03-15433
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| 09/18/2003 | Settlement Order/Procedural | Filed Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the time 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). | | 03-15587
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| 09/19/2003 | Motion | Filed Motion. Supplement to Emergency Motion to Stay Arbitration or for Modification of Prior Stay Order. | | 03-15700
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| 09/26/2003 | Order/Procedural | Filed Order Granting Motion. for Stay of Arbitration. On September 12, 2003, respondents filed a motion in this court to stay the arbitration. Appellants have opposed the motion. Implicit in our August 19, 2003, order staying the district court proceedings was the expectation that appellants would abide by the district court order appealed from by not proceeding with the arbitration. Instead, appellants have chosen to ignore the clear import of the district court's order pending this appeal and have continued with the arbitration. Irreparable ham is shown when a party is forced to arbitrate a dispute it never agreed to arbitrate. We therefore grant respondents' motion. The arbitration is hereby stayed, and appellants are enjoined from proceeding with the arbitration. fn2[Appellants argue that this court has no personal jurisdiction over a Texas arbitrator or Texas courts, and cite several personal jurisdiction cases in support. We note that several cases more directly addressing a stay of arbitration discredit appellants' argument. In any event, inasmuch as we clearly have jurisdiction to enjoin appellant from proceeding with the arbitration, appellants' argument is essentially irrelevant.] | | 03-16124
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| 10/01/2003 | Transcript Request | Filed Certificate of No Transcript Request. | | 03-16318
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| 01/16/2004 | Brief | Filed Opening Brief. | | 04-01039
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| 01/16/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | | 04-01040
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| 01/29/2004 | Motion | Filed Stipulation and Order. Brief due: March 18, 2004. | | 04-01910
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| 02/24/2004 | Order/Procedural | Filed Order. On January 16, 2004, Texas attorney J. Mark Brewer filed an opening brief on behalf of appellants. We note that appellants' Nevada counsel of record, Rodney M. Jean, has not filed a motion in this court to associate Mr. Brewer pursuant to SCR 42. The district court docket entries indicates that Mr. Jean filed a motion to associate Mr. Brewer pursuant to SCR 42 in the district court on July 29, 2003, after this appeal was docketed in this court. The district court granted the motion to associate on August 20, 2003. Motions to associate counsel pursuant SCR 42 filed during the pendency of an appeal must be filed with this court, not the district court. We waive the requirement that the motion be filed with this court and we grant Mr. Brewer permission to appear on behalf of appellants. The clerk shall add Mr. Brewer as counsel of record for appellants. However, Mr. Jean shall be responsible for all matters presented by appellants in this appeal. See SCR 42(14)(c). We note that the 'Attorney's Certificate' is not signed by Nevada counsel. Appellants shall have 10 days from the date of this order to supplement their brief with an 'Attorney's Certificate' that complies with the Nevada Rules of Appellate Procedure. See NRAP 28A(b). | | 04-03554
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| 03/04/2004 | Brief | Filed Opening Brief. (Appellant's Amended Opening Brief). | | 04-04077
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| 03/04/2004 | Appendix | Filed Appendix. Errata to Appellant's Appendix. | | 04-04078
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| 03/18/2004 | Motion | Filed Motion to Extend Time. | | 04-05128
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| 03/26/2004 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal based on Nevada Gold's Prosecution of Texas State Court Action. | | 04-05678
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| 03/29/2004 | Order/Procedural | Filed Order Granting Motion. filed March 18, 2004. Respondents shall have until April 12, 2004, to file and serve the answering brief. 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. | | 04-05765
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| 04/02/2004 | Motion | Filed Stipulation. Stipulation for Extension of Time to File Appellants' Response to Respondents' Motion to Dismiss Appeal Based on Nevada Gold's Prosecution of Texas State Court Action. | | 04-06154
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| 04/06/2004 | Order/Clerk's | Filed Clerk's Order Approving Stipulation. filed April 2, 2004. Appellants shall have until April 12, 2004, to file and serve the response to respondents' moiton to dismiss appeal. | | 04-06338
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| 04/07/2004 | Appendix | Filed Appendix. Second Errata to Appellants' Appendix. | | 04-06457
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| 04/12/2004 | Motion | Filed Response to Motion. Appellant's Opposition and Response to Motion to Dismiss. | | 04-06726
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| 04/13/2004 | Brief | Filed Answering Brief. | | 04-06789
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| 04/13/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-06790
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| 05/17/2004 | Brief | Filed Reply Brief. | | 04-09174
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| 04/28/2005 | Opinion/Dispositional | Filed Per Curiam Opinion. "Dismissed." Before Rose, Gibbons and Hardesty, JJ. Author: Per Curiam. 121 Nev. Adv. Opn. No. 9. SNP05 | | 05-08341
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| 05/24/2005 | Remittitur | Issued Remittitur. | | 05-08523
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| 05/24/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 06/14/2005 | Notice/Outgoing | Issued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion: page 5. | | |
| 06/27/2005 | Remittitur | Filed Remittitur. Received by County Clerk on May 26, 2005. | | 05-08523
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