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United States Court Cases

Nevada Supreme/Appellate Court Record

IN RE: ESTATE OF LEAR C/W 45856

Case Information: 46388
Short Caption:IN RE: ESTATE OF LEAR C/W 45856Court:Supreme Court
Consolidated: 45856 *, 46388Related Case(s): 44768 , 45856 , 46789 , 47379 , 49684 , 52132 , 53922
Lower Court Case(s):Washoe Co. - Second Judicial District - PR782800Classification:Civil Appeal - General - Other
Disqualifications:Hardesty, PickeringCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:05/19/2009How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/07/2005Filing Fee Filing Fee due.
12/07/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Pilot Program. (Pilot program civil appeals order and documents mailed to proper person appellant.) 05-23972
12/07/2005Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
12/14/2005Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Patrick Lear-M.O. #09152427677.
01/17/2006MotionFiled Proper Person Motion. Appellant's Motion for Leave to Appear in Proper Person. 06-01078
01/17/2006MotionFiled Proper Person Motion. Appellant's Motion for Immediate and Expedited Order for Exemption from Pilot Program. 06-01079
01/17/2006MotionFiled Proper Person Motion. Appellant's Motion for Joinder. 06-01080
06/06/2006OtherDisqualification of Justice Hardesty. Sat in district court proceedings.
12/30/2006Order/ProceduralFiled Order. Consolidating Appeals, Directing Transmission of Record, Exempting Appeals from Pilot Program and Setting a Briefing Schedule. We grant the motion and consolidated these appeals for all appellate purposes. Record on appeal in District Court Case No. PR78-2800 due: 30 days. We exempt Docket Nos. 45856 and 46388 from the pilot program. Appellant is not required to file any proper person civil appeal statements and these appeals will proceed under NRAP 46(b). We grant his motion for leave to proceed in proper person so that he may file briefs. Appellant shall have 60 days from the date of this order to file and serve a single opening brief in these consolidated appeals. Respondent shall then have 30 days from the date that appellant's opening brief is served to file and serve an answering brief. Appellant may file and serve any reply brief within 30 days from the date that any answering brief is served. There is no need to file appendices. Nos. 45856/46388. (06-26758)
01/12/2007Order/ProceduralFiled Order Denying Motion. for Leave to file Reply. On December 30, 2006, this court granted appellant's motion to exempt these appeals from the civil proper person program. Appellant's December 26, 2006 motion for leave to file a reply is denied as moot. The clerk shall return, unfiled, appellant's reply, provisionally received in this court on December 26, 2006 in No. 45856. Nos. 45856/46388. (07-00896)
01/25/2007Notice/IncomingFiled Affidavit. from Cathy Kepler of the second judicial court requesting an extension of time to transmit the record in these appeals. Nos. 45856/46388 (07-02034).
02/06/2007Order/ProceduralFiled Order/Motion Granted in Part. Record in District Court Case No. PR782800 due: 90 days. Nos. 45856/46388. (07-02934)
02/20/2007MotionFiled Proper Person Motion. Appellant's Motion to Extend Time to File Opening Brief. Nos. 45856/46388 [07-03988]
02/28/2007Order/ProceduralFiled Order Granting Motion. for extension of time. Opening Brief due: April 30, 2007. No further extension absent extreme and unforeseeable circumstances. Nos. 45856/46388 (07-04831).
03/23/2007Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 70. Nos. 45856/46388. (Record filed in 45856.)
04/26/2007MotionReceived Proper Person Motion. Appellant's Motion for Enlargement of Time. Nos. 45856/46388 [07-09291]
04/26/2007MotionFiled Proper Person Motion. Appellant's Motion for Modification of Procedural Order. Nos. 45856/46388 [07-09292]
05/09/2007MotionFiled Response to Motion. to Appellant's Motion for Modification for Procedural Order and Cross-Moton to Dismiss Appeal and/or Affirm Judgment. Nos.45856/46388 (07-10339).
05/17/2007MotionFiled Proper Person Motion. Appellant's Motion for Leave to File Appellant's Reply to Opposition to Motion for Modification of Procedural Order and Opposition to Cross-Motion to Dismiss Appeal and/or Affirm Judgment. Nos. 45856/46388 (07-11003).
05/17/2007Other Incoming DocumentReceived Proper Person Document. Appellant's Reply to Opposition to Motion for Modification of Procedural Order and Opposition to 'Cross-Motion to Dismiss Appeal and/or Affirm Judement. Nos. 45856/46388 (07-11005).
05/29/2007MotionFiled Proper Person Motion. Motion to Disqualify Respondents' Attorneys for Conflicts of Interest. Nos. 45856/46388 [07-11763]
06/13/2007MotionFiled Response to Motion. Opposition to Motion to Disqualify. Nos. 45856/46388 (07-12964)
07/17/2007Order/ProceduralFiled Order. fn1-[We grant appellant's motion for leave to file a reply. The clerk of this court shall file appellant's proposed reply which was provisionally received in this court on May 17, 2007.] We deny appellant's motion to modify the February 28 order and his motion for an extension of time. We deny respondent's motion to dismiss the appeals. Appellant shall have 30 days from the date of this order to file and serve his opening brief. Thereafter, briefing shall proceed according to the briefing schedule established by this court's December 30, 2006 order. Appellant shall not be granted any further extensions of time to file his briefs. We caution appellant that any failure to file his briefs within the time required by this order may result in the dismissal of his appeals. We deny appellant's motion to disqualify respondent's counsel. Nos. 45856/46388. [07-15524]
07/17/2007MotionFiled Proper Person Motion. Appellant's Reply to Opposition to Motion for Modification of Procedural Order and Opposition to 'Cross-Motion to Dismiss Appeal and/or Affirm Judgment. Nos. 45856/46388. [07-11005]
08/20/2007BriefFiled Opening Brief. Nos. 45856/46388. (07-18318)
08/20/2007Notice/IncomingFiled Proof of Service. Amended (Opening Brief). Nos. 45856/46388 (07-18369).
08/20/2007AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. Nos. 45856/46388. (07-18321)
09/12/2007MotionFiled Motion to Extend Time. Motion for Procedural Order to Enlarge Time to file Answering Brief for Sixty Days (First Requst.) Nos. 45856/46388. (07-20171)
09/17/2007Order/ProceduralFiled Order Granting Motion. Respondent shall have until November 26, 2007, to file and serve the answering brief. Nos. 45856/46388.
11/29/2007BriefFiled Answering Brief. Nos. 45856/46388 (07-25747).
11/29/2007AppendixFiled Appendix to Answering Brief. Nos. 45856/46388 (07-25748).
12/26/2007Notice/IncomingFiled Notice of Appearance. Representing appellant: Lisa A. Rasmussen, Esq.. Nos. 45856/46388 (07-27916.
12/27/2007MotionFiled Motion to Extend Time. Nos. 45856/46388 (07-28151).
12/28/2007MotionFiled Response to Motion. Non-Opposition and Consent to Patrick Christopher Lear's Motion for an Order Enlarging Time to file Reply Brief. Nos. 45856/46388. (07-28176)
01/07/2008Order/ProceduralFiled Order Granting Motion. Reply Brief due: 1/25/08. Fn1 [. . .Appellant indicates that Mr. Ross's application for pro hac vice admission has been submitted to the State Bar of Nevada. Upon approval, appellant indicates that Mr. Ross will file appropriate motions in the district court and in this court.] Nos. 45856/46388 (08-00390).
01/29/2008BriefFiled Reply Brief. Nos. 45856/46388 (08-02289).
01/29/2008AppendixFiled Appendix to Reply Brief. Nos. 45856/46388 (08-02290).
01/30/2008MotionFiled Motion. Motion to Associate Pro Hac Vice Counsel Herein Pursuant to District Court Order Authorizing the Same in the Case Below. Nos. 45856/46388 (08-02373).
01/31/2008Notice/IncomingFiled Certificate of Compliance. Compliance to Answering Brief filed on 11/29/07. Nos. 45856/46388 (08-02547).
02/21/2008Order/ProceduralFiled Order. Appellant filed a motion to associate pro hac vice attorney Bruce Shields Ross of the law firm of Luce, Forward, Hamilton & Scripps, LLP, in this matter pursuant to SCR 42. We grant the unopposed motion. Nevada attorney Lisa A. Rasmussen shall be responsible for all matters presented by Mr. Ross in this matter. [08-04264]
04/29/2008Notice/IncomingFiled Notice. Notice of Firm Name Change, Change of Address and Change of Telephone Number (attorney Lisa Rasmussen). Nos. 45856/46388.
05/02/2008Notice/IncomingFiled Notice. Substitution of Attorney (Law Firm Only). Attorney Lisa Rasmussen. Nos. 45856/46388. [08-11014]
05/14/2008Notice/IncomingFiled Notice. Notice of Firm Name Change, Change of Address and Change of Telephone Number (attorney Bruce S. Ross); Substitution of Attorney (Law Firm Only); Certificate of Service. Nos. 45856/46388. [08-12056]
05/27/2008Letter/IncomingFiled Letter. Re: Supplement to Record. Notice of Entry of Judgment (not file stamped by district and a File stamped copy of Findings fo Fact, Conslusions of law and Judgment filed in the district court on May 17, 2008, attached . Nos. 45856/46388 (08-13227).
07/08/2008Order/ProceduralFiled Order. . We grant Ms. Rasmussen's unopposed request. The appellate record shall be supplemented with the May 17, 2007, district court order attached to Ms. Rasmussen's letter. Nos. 45856/46388 (08-17265).
01/05/2009OtherDisqualification of Justice Pickering. Law firm of Morris Pickering & Peterson
01/05/2009Notice/OutgoingIssued Notice of Justice Disqualification. Justice Pickering disqualified. (Law firm of Morris Pickering & Peterson) 09-00113
05/19/2009Order/ProceduralFiled Order. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the En Banc Court as of the date of this order on the briefs filed herein. Nos. 45856/46388 (09-12440).
05/19/2009Case Status Update Submitted for Decision.
06/17/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Fn1 [The Honorable James W. Hardesty, Chief Justice, and the Honorable Kristina Pickering, Justice, did not participate in the decision of this matter.] EN BANC-RP/MD/MC/NS/MG. Nos. 45856/46388. 09-14952
07/14/2009RemittiturIssued Remittitur. 09-16786
07/14/2009Case Status Update Remittitur Issued/Case Closed.
07/17/2009RemittiturFiled Remittitur. Received by County Clerk on July 15, 2009. 09-16786