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United States Court Cases

Nevada Supreme/Appellate Court Record

CHAVIRA-CASTILLO VS. ALVARADO

Case Information: 40765
Short Caption:CHAVIRA-CASTILLO VS. ALVARADOCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - D256295Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/28/2003 / Graves, JohnSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/09/2003Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Cuthbert E.A. Mack--check no. 1244.
01/09/2003Notice 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.) 03-00488
01/09/2003Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
01/28/2003Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: John J. Graves, Jr. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/06/2003Order/ProceduralFiled Order. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement or show cause why sanctions should not be imposed. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. 03-03756
03/07/2003MotionFiled Motion. Mueller & Associates, and Kalani K. Hoo. 03-03877
03/11/2003Notice/Outgoing Letter. John J. Graves, Jr. (Motion to Withdraw as Counsel)
03/12/2003Notice/IncomingFiled Notice of Appearance. Daniel Polsenberg enters is appearance as attorney for respondent Maris De La Luz Alvarado. 03-04194
03/18/2003Notice/Outgoing Letter. John J. Graves, Jr. (Notice of Appearance)
03/19/2003Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on January 14, 2003. 03-04682
03/21/2003Notice/Outgoing Letter. John J. Graves, Jr. (case appeal statement)
03/21/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: April 9, 2003. 03-04865
04/07/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 7, 2003. 03-05827
04/18/2003Order/ProceduralFiled Order Granting Motion. filed March 7, 2003. On March 12, 2003, attorney Daniel F. Polsenberg filed a notice of appearance on behalf of respondent. We grant Mr. Hoo's motion. The clerk of this court shall removed Mr. Hoo and the law firm Mueller & Associates as counsel for respondent. 03-06666
05/05/2003MotionFiled Motion to Extend Time. 03-07537
05/15/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: May 29, 2003. 03-08311
06/02/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: June 25, 2003. 03-09166
06/06/2003Order/ProceduralFiled Order Granting Motion. for Extension of Time and Filing Docketing Statement. The clerk of this court shall file the docketing statement received on May 2, 2003. 03-09504
06/06/2003Docketing StatementFiled Docketing Statement. 03-07455
06/10/2003Notice/Outgoing Letter. John J. Graves, Jr. (docketing statement)
06/30/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: July 22, 2003. 03-10946
07/28/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: September 23, 2003. 03-12685
09/29/2003Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 5, 2003. 03-16229
11/17/2003Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 03-19123
11/24/2003Settlement Order/ProceduralFiled 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). 03-19557
01/05/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). We again direct appellant to file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall file the appropriate document within 10 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. See NRAP 9(a)(3). 04-00173
03/10/2004Order/ProceduralFiled Order. to date, appellant has failed to comply with NRAP 9(a). We again direct appellant to file either a transcript request form or a certificate indicating that no transcripts are being requested within 10 days from the date of this order. NRAP 9(a). We caution appellant's counsel that failure to comply with this order may result in the immediate imposition of sanctions. 04-04510
05/11/2004MotionFiled Motion to Dismiss Appeal. 04-08694
05/11/2004Order/CounselFiled Order/Sanctions. To date, appellant has failed to request transcripts in compliance with NRAP 9(a) or otherwise respond to this court's orders entered November 24, 2003, January 5, 2004, or March 10, 2004. Appellant has also failed to file the opening brief and appendix, which were due to be filed on or before March 23, 2004. We conclude that counsel's dilatory conduct in prosecuting this appeal warrants the imposition of sanctions. Attorney Cuthbert E.A. Mack shall have 15 days from the date of this order to personally pay the sum of $500.00 to the Supreme Court Law Library. Within that same time period, Mr. Mack shall also file proof of such payment with the clerk of this court. Appellant shall have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a) and file the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We caution appellant's counsel that continued failure to comply with the Nevada Rules of Appellate Procedure or orders of this court may result in the imposition of additional sanctions. 04-08744
06/07/2004MotionFiled Motion. Motion to Set Aside Sanctions or for Reconsideration of Sanctions Issued May 11, 2004. 04-10414
06/07/2004MotionFiled Motion. Attorney Cuthbert E.A. Mack 04-10415
06/14/2004MotionFiled Motion to Dismiss Appeal. 04-10904
07/07/2004Order/ProceduralFiled Order. Resolving Motions. On May 11, 2004, this court entered an order that imposed a sanction upon attorney Cuthbert E.A. Mack for failing to file required documents in this appeal and failing to respond to several orders of this court. Mr. Mack has filed a motion requesting this court to vacate the sanction. Cause appearing, we grant the motion and vacate the sanction imposed in our May 11, 2004, order. However, we admonish Mr. Mack for failing to file required documents and respond to orders of this court. Mr. Mack has moved for leave to withdraw as counsel of record for appellant. Appellant has been served with a copy of the motion to withdraw and has not opposed the motion. Cause appearing, we grant the motion. The clerk shall remove Mr. Mack as counsel of record for appellant. Appellant shall have 30 days from the date of this order to inform this court whether he wishes to proceed with this appeal. If appellant wishes to proceed with this appeal, he shall, within the same time period, either retain new counsel to represent him on appeal and cause counsel to enter a notice of appearance with this court or inform this court that he will not be retaining new counsel to represent him on appeal. We caution appellant that failure to respond to this order may result in this appeal being dismissed as abandoned. Respondent has filed two motions requesting this court to dismiss this appeal for appellant's failure to prosecute this appeal. We conclude that dismissal of this appeal is not warranted at this time. Accordingly, we deny respondent's motions. 04-12418
12/08/2004Order/DispositionalFiled Order Dismissing Appeal. Almost three months have passed, and appellant has failed to respond to our July 7, 2004, order. To date, no notice of appearance has been filed on behalf of appellant. "This appeal is dismissed as abandoned." SNP04D-RR/WM/MD 04-22356
01/04/2005RemittiturIssued Remittitur. 05-00007
01/04/2005Case Status Update Remittitur Issued/Case Closed.
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on January 6, 2005. 05-00007