| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 01/28/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Kevin J. Mirch--check no. 1693. | | |
| 01/28/2004 | 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.) | | 04-01768
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| 02/04/2004 | Docketing Statement | Filed Docketing Statement. | | 04-02230
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| 02/06/2004 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from C. Nicholas Pereos, Ltd. - check no. 1636 for cross-appeal. | | |
| 02/06/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. | | 04-02420
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| 02/06/2004 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | | |
| 02/11/2004 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Robert G. Berry. (Briefing and preparation of transcripts suspended pending further order of this court.) | | |
| 02/12/2004 | Docketing Statement | Filed Response to Docketing Statement. Ledcor Industries, Inc. | | 04-02752
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| 02/17/2004 | Docketing Statement | Filed Docketing Statement. Appellant Bjerke and GL Construction. | | 04-02966
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| 02/17/2004 | Notice/Outgoing | Letter. Robert G. Berry (Response to Docketing Statement). | | |
| 02/18/2004 | Notice/Outgoing | Letter. Robert G. Berry. (docketing statement of Appellant Bjerke and GL Construction) | | |
| 05/04/2004 | Motion | Filed Motion. Law firm of Mirch & Mirch. | | 04-08202
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| 05/11/2004 | Notice/Outgoing | Letter. Robert G. Berry. (motion to withdraw as counsel) | | |
| 05/13/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The settlement conference is continued to the following date: July 16, 2004. | | 04-08917
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| 06/08/2004 | Order/Procedural | Filed Order. to File Proof of Service and Deferring Ruling on Motion. Marie C. Mirch, of the law firm of Mirch & Mirch, has moved to withdraw as counsel for appellants Terry Bjerke and GL Construction, Inc. fn1[Ms. Mirch also represents that she is moving to withdraw as counsel for Chris Oberg. However, Mr. Oberg is not a party to this appeal.] We defer ruling on Ms. Mirch's motion to withdraw. Ms. Mirch shall, within 15 days from the date of this order file proof of service of the motion to withdraw on Terry Bjerke and GL Construction, Inc. | | 04-10568
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| 06/09/2004 | Notice/Incoming | Filed Notice of Appearance. Representing appellant G.L. Construction, Inc. | | 04-10667
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| 06/22/2004 | Notice/Incoming | Filed Proof of Service. Notice to Court of Attorney Providing Motion to Withdraw as Counsel of Record to Appellants. | | 04-11348
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| 07/13/2004 | Settlement Program Report | Filed Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. | | 04-12714
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| 09/01/2004 | Order/Procedural | Filed Order. Granting Motion to Withdraw, Removing Appeal from Settlement Program and Establishing Briefing Schedule. Cause appearing, we grant Mirch & Mirch's motion to withdraw. The clerk shall remove the law firm of Mirch & Mirch as counsel of record for appellants Terry Bjerke and GL Construction, Inc. On June 9, 2004, the law offices of Beasley & Ludwig filed a notice of appearance on behalf of appellant GL Construction. We conclude that Beasley & Ludwig are counsel of record for GL Construction only, and that appellant Terry Bjerke is now proceeding with this appeal in proper person. Terry Bjerke shall have 30 days from the date of this order to retain new counsel and cause counsel to file a notice of appearance in this court. If new counsel is not retained, Terry Bjerke will not be permitted to file documents or briefs in this appeal. See NRAP 46(b). Pursuant to the written request of the settlement judge and good cause appearing, this appeal is removed from the settlement conference program. We reinstate the deadlines for requesting transcripts and filing briefs. Appellant GL Construction and appellant Diane Sue Montgomery as Trustee for the Montgomery Family Trust shall have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a). We further establish the following briefing schedule: (1) GL Construction and Ms. Montgomery shall file and serve their opening briefs and appendices within 120 days from the date of this order, (2) Ms. Montgomery shall have 30 days from service of GL Construction's opening brief to file and serve her answering brief, (3) Ledcor Industries, Inc. ('Ledcor') and Home Depot, Inc. ('Home Depot'), shall have 30 days from service of Ms. Montgomery's opening brief to file and service their answering briefs, (4) if deemed necessary, GL Construction shall have 30 days from service of Ms. Montgomery's answering brief to file and serve their reply brief, and (5) if deemed necessary, Ms. Montgomery shall have 30 days from service of Ledcor's and Home Depot's answering briefs to file and serve a single reply brief. | | 04-15924
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| 09/10/2004 | Notice/Incoming | Filed Notice. Notice of Entry of Order Granting Motion to Withdraw, Removing Appeal from Settlement Program and Establishing Briefing Schedule. | | 04-16644
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| 09/14/2004 | Motion | Filed Motion. Motion to Adjust Briefing Schedule or Motion to Realign Parties and Motion to Correct Order of the Court. | | 04-16843
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| 09/17/2004 | Motion | Filed Response to Motion. Appellant G.L. Construction's Opposition to Appellant Montgomery's Motion to Adjust. | | 04-17189
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| 09/21/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-17484
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| 09/21/2004 | Motion | Filed Response to Motion. Response of Home Depot, Inc. to Motion to Adjust Briefing Schedule, Realign Parties and Correct Order of Court. | | 04-17498
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| 09/29/2004 | Motion | Filed Motion for Permission to File Document. Motion for Leave to File Reply Argument by Montgomery in Support of Motion to Adjust Briefing Schedule or Motion to Realign Parties and Motion to Correct Order of the Court. | | 04-17989
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| 10/25/2004 | Order/Procedural | Filed Order. On September 1, 2004, this court entered an order that directed each appellant to request transcripts within 15 days. To date, appellant Diane Sue Montgomery has failed to comply with that directive. Montgomery shall, within 10 days from the date of this order, file and serve a transcript request form or a certificate indicating that no transcripts are being requested. Failure to timely comply with this order may result in the imposition of sanctions. This court's September 1, 2004, order also directed appellant Terry Bjerke to retain new counsel and cause counsel to file a notice of appearance in this court. To date, Mr. Bjerke has failed to comply with that directive and he has not otherwise communicated with this court. We conclude that Mr. Bjerke will be proceeding in proper person and he will not be permitted to file documents or briefs in this appeal. See NRAP 46(b). fn1[We defer ruling on all other pending matters.] | | 04-19626
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| 10/27/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-19824
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| 11/03/2004 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | | |
| 11/15/2004 | Motion | Filed Motion to Extend Time. Renewed Motion to Adjust Briefing Schedule. | | 04-20923
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| 11/17/2004 | Order/Procedural | Filed Order. Correcting Caption, Directing Transmission of Record and Adjusting Briefing Schedule. We conclude that the prior caption and briefing schedule did not accurately reflect the parties' positions in this appeal. Accordingly, we grant Montgomery's motion. We modify the caption, and we direct the clerk to conform the caption on this court's docket to the caption on this order. Within 60 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court a certified copy of the trial court record. All briefs shall cite to the record, and no appendices shall be required. GLC shall have 120 days from the date of this order within which to file and serve its opening brief. Montgomery shall have 30 days from service of GLC's opening brief within which to file and serve a combined answering brief and opening brief. GLC shall have 30 days from service of Montgomery's combined answering and opening brief to file and serve a reply brief, if any. Ledcor shall have 30 days from service of Montgomery's combined answering and opening brief within which to file and serve an answering brief. Montgomery shall have 30 days from service of Ledcor's answering brief within which to file and serve a reply brief, if any. fn4-[We grant Montgomery's motion for leave to file a reply and direct the clerk to file the reply received on September 27, 2004.] | | 04-21094
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| 11/17/2004 | Motion | Filed Reply to Response. Reply Argument by Montgomery in Support of Motion to Adjust Briefing Schedule or Motion to Realign Parties and Motion to Correct Order of the Court. | | 04-17921
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| 12/20/2004 | Motion | Filed Motion to Extend Time. | | 04-23177
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| 01/24/2005 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed December 20, 2004. The clerk of the district court has moved for a 45-day extension of time to file the record. Cause appearing, the motion is granted. NRAP 26(d). The clerk of this court shall file the record on appeal received on January 24, 2005. | | 05-01519
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| 01/24/2005 | Record on Appeal Documents | Filed Record on Appeal Copy. Volume 1 (District Court Case Number CV00-01980) and Volume 2 (District Court Case Number CV01-03386). | | 05-01517
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| 03/01/2005 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 through 12 (District Court Case No. CV-9807367). | | 05-03951
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| 03/15/2005 | Brief | Filed Opening Brief. Appellant GL Construction's Opening Brief. | | 05-05100
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| 04/13/2005 | Motion | Filed Stipulation and Order. Brief due: May 18, 2005. | | 05-07251
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| 04/18/2005 | Motion | Filed Stipulation/Dismiss Appeal. | | 05-07505
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| 04/21/2005 | Notice/Incoming | Filed Proof of Service. for Stipulation to Extend Time for Filing Respondent's Brief. Served on James Beasley on April 18, 2005. | | 05-07827
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| 04/21/2005 | Notice/Incoming | Filed Proof of Service. of Stipulation for Dismissal of Appeal. Served on Mark Sertic on April 20, 2005. | | 05-07829
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| 04/28/2005 | Order/Clerk's | Filed Clerk's Order. Partially Dismissing Appeal. Pursuant to the stipulation of the parties, and cause appearing, the appeal of Diane Sue Montgomery, as Trustee for the Montgomery Family Trust, against respondent Ledcor Industries, Inc., is dismissed. The parties shall bear their own costs and attorney fees. NRAP 42(b). The clerk shall amend the caption of this matter by removing Diane Sue Montgomery's appeal. | | 05-08408
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| 05/13/2005 | Brief | Filed Answering Brief. Respondent Montgomery. | | 05-09363
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| 05/16/2005 | Notice/Incoming | Filed Proof of Service. - Affidavit of Service of Answering Brief. | | 05-09444
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| 05/16/2005 | Notice/Incoming | Filed Proof of Service. Appellant GL Construction's Opening Brief. | | 05-09504
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| 05/27/2005 | Brief | Filed Reply Brief. Appellant GL Construction's Reply Brief. | | 05-10524
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| 06/01/2005 | Notice/Incoming | Filed Certificate of Compliance. Attached to inside back cover of original and copies of reply brief. | | 05-10744
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| 10/12/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on November 15, 2005, at 11:30 a.m. (NNP06R-MD/RR/RP) | | |
| 11/01/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 11/15/2005 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP06R-MD/RR/RP | | |
| 12/20/2005 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." NNP06R-MD/RR/RP | | 05-24769
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| 12/28/2005 | Filing Fee | Received Filing Fee Paid on Filing. $150 from Law Offices of Beasley & Ludwig--check no. 2452. | | |
| 12/28/2005 | Post-Judgment Petition | Filed Petition for Rehearing. Appellant GL Construction's Petition for Rehearing. | | 05-25329
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| 04/18/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing is denied." NRAP 40(c). NNP06R-RR/MD/RP | | 06-08156
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| 04/28/2006 | Filing Fee | Returned Filing Fee. Check No. 2602 returned to Beasley & Ludwig - no fee is required for en banc petition. | | |
| 04/28/2006 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. GL Construction. | | 06-09025
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| 05/16/2006 | Remittitur | Issued Remittitur. | | 06-08258
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| 05/16/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 06/05/2006 | Remittitur | Filed Remittitur. Received by District CourtClerk on may 17, 2006. | | 06-08258
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| 06/12/2006 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC | | 06-12229
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