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United States Court Cases

Nevada Supreme/Appellate Court Record

BEASINGER VS. HANJIN SHIPPING CO. C/W 43542

Case Information: 42805
Short Caption:BEASINGER VS. HANJIN SHIPPING CO. C/W 43542Court:Supreme Court
Consolidated:42805*, 43542
Lower Court Case(s):Clark Co. - Eighth Judicial District - A477303Classification:Civil Appeal - General - Other
Disqualifications:CherryCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/10/2004 / Leavitt, TerrySP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:05/10/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/18/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Greenman, Goldberg, Raby & Martinez--check no. 55828.
02/18/2004Notice 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.) 04-03067
03/05/2004Docketing StatementFiled Docketing Statement. 04-04206
03/10/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Terry V. Leavitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
08/09/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-14391
08/12/2004Settlement Order/ProceduralFiled Order: No Settlement/Briefing Reinstated. The parties were unable to agree to a settlement. We reinstate the 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). 04-14599
09/20/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). To date appellant has failed to comply with the August 12, 2004 order. We again direct appellant to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. 04-17337
09/30/2004Transcript RequestFiled Certificate of No Transcript Request. 04-18150
10/12/2004Letter/IncomingFiled Letter. Courtesy copy of letter from Kummer, Kaempfer, Bonner & Renshaw addressed to Greenman, Goldberg, Raby & Martinez requesting that the transcript of January 21, 2004, be requested in this matter. 04-18881
11/08/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 01/21/04. To Court Reporter: Janie Olsen. 04-20464
11/19/2004TranscriptFiled Transcript. Proceedings: 1/21/04. Court Reporter: Janie Olsen. 04-21392
12/13/2004BriefFiled Opening Brief. 04-22758
12/13/2004AppendixFiled Joint Appendix. 04-22759
12/13/2004Other Other. Filed Certificate of Transmitting Transcript. 04-22760
01/10/2005Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 42805/43542-cases are not consolidated. 05-00509
01/11/2005BriefFiled Answering Brief. 05-00570
01/19/2005Order/ProceduralFiled Order. Reinstating Briefing in Docket No. 43542. The parties were unable to agree to a settlement in both of these appeals. We note that the settlement judge had previously filed a report indicating that the parties were unable to agree to a settlement of the appeal in Docket No. 42805. Based on that report, this court entered an order reinstating briefing in that appeal on August 12, 2004. Accordingly, no action will be taken in response to the report in Docket No. 42805. fn1[We note that the opening and answering briefs have already been filed in Docket No. 42805, and the reply brief for that appeal is currently due to be filed and served by February 10, 2005.] Based on the settlement judge's current report, we reinstate the deadlines for requesting transcripts and filing briefs in Docket No. 43542. Appellant: 15 days to comply with NRAP 9(a); 90 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 42805/43542 – cases are not consolidated. 05-01147
02/11/2005BriefFiled Reply Brief. 05-02838
02/22/2005MotionFiled Motion. Motion for Leave to File Respondent's Sur-Reply Brief. 05-03468
02/28/2005Notice/IncomingFiled Proof of Service. Amended Certificate of Mailing. 05-03900
03/07/2005MotionFiled Response to Motion. Opposition to Motion for Leave to File Respondent's Sur-Reply Brief. 05-04456
03/23/2005Order/ProceduralFiled Order Denying Motion. to file Sur-Reply Brief. Respondent has moved for leave to file a "sur-reply" brief. Appellant opposes the motion. If appellant's argument was raised for the first time in the reply brief, we will disregard it and there is not need for respondent to address it. We deny respondent's motion to file a "sur-reply" brief. 05-05715
09/13/2005Order/ProceduralFiled Order. We consolidate these appeals for all appellate purposes. On August 12, 2005, Total Terminals moved for leave to file a supplemental answering brief addressing appellant's allegation that he was not served with Total Terminal's answering brief. Appellant opposes the motion. Because we elect to rule on the merits of this dispute at this time, we grant Total Terminals' motion. The clerk shall file the supplemental answering brief received on August 9, 2005. In light of this court's preference for deciding cases on their merits, we decline under these circumstances to deem improper service of an answering brief as 'an admission of the merits of the appeal.' Accordingly, we deny the portion of appellant's reply brief that makes this request. However, in order to provide appellant with the opportunity to adequately respond to the answering brief filed by Total Terminals, appellant may, within 10 days from the date of this order, file and serve a supplemental reply brief in Docket No. 43542 that responds to the arguments raised in Total Terminals' answering brief. Nos. 42805/43542. 05-18128
09/13/2005BriefFiled Supplemental Brief. Respondent's Supplemental Answering Brief. Nos. 42805/43542 (05-15748).
09/26/2005BriefFiled Supplemental Brief. Appellant's Supplemental Reply Brief in 43542. Nos. 42805/43542. 05-19084
01/04/2006Notice/OutgoingIssued Letter. to attorney Paul E. Raby. Please submit a copy of the appendix to the opening brief filed on April 20, 2005, to the clerk of this court and an invoice for the costs of preparing the additional copy. No. 42805. (06-00222)
01/04/2006Notice/OutgoingIssued Letter. to attorney Thomas F. Kummer. Please submit a copy of the appendix to the answering brief filed on June 24, 2005, to the clerk of this court and an invoice for the costs of preparing the additional copy. No. 42805. (06-00223)
01/17/2006AppendixFiled Appendix to Answering Brief. Respondent's Appendix, Volume I. In Response to letter issued 01/04/06. An invoice was not included. Nos. 43542/42805 (06-01142).
02/17/2006AppendixFiled Appendix to Opening Brief. In Response to Letter issued 01/04/06. An invoice was not included. Nos. 43542/42805 (06-03626).
03/07/2006AppendixFiled Appendix to Opening Brief. In Response to Letter issued 01/04/06. An invoice was not included. Nos. 43542/42805. (06-04996)
05/10/2006Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and these appeals shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 42805/43542. (06-09838) 06-09838
05/10/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP. Nos. 42805/43542
05/15/2006Notice/IncomingFiled Notice of Change of Address. Notice of Firm Name Change, Address & Telephone/Fax Numbers. (Lewis & Associates--counsel in 43542 only.) Nos. 42805/43542 06-10193
07/06/2006Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand (No. 42805) and Affirming in Part, Reversing in Part and Remanding (No. 43542). These are consolidated appeals. "We reverse the district court's summary judgment and remand to the district court for a factual determination of Hanjin's status relative to Nevada's foreign corporation statutes." NNP06-MD/NB/RP. Nos. 42805/43542. 06-13968
07/25/2006Filing FeeReceived Filing Fee Paid on Filing. $150 from Kummer firm - check no. 57580. Nos. 42805/43542.
07/25/2006Post-Judgment PetitionFiled Petition for Rehearing. Respondent's. Nos. 42805/43542. 06-15435
07/25/2006Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Errata. Nos. 42805/43542. 06-15492
07/31/2006Notice/IncomingFiled Proof of Service. --Amended Certificate of Mailing to Errata to Respondent's Petition for Rehearing. Nos. 42805/43542 06-15898
11/28/2006Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Appellant shall have 15 days from the date of this order to file and serve an answer to the petition for rehearing. Nos. 42805/43542. (06-24278) 06-24278
11/28/2006OtherDisqualification of Justice Cherry. Sat in district court proceedings.
12/07/2006Other Returned Mail. Order filed 11/28/06, addressed to Cuiale Dellaverson Hirschfeld & Kraemer, LLP remailed to corrected address. Nos. 42805/43542.
12/18/2006Post-Judgment PetitionFiled Answer to Petition for Rehearing. Nos. 42805/43542. 06-25760
12/29/2006Post-Judgment OrderFiled Order/Rehearing Denied. Order Granting Rehearing in Part in docket No. 43542 and Affirming. On July 6, 2006, this court entered an Order of Reversal and Remand (No. 42805) and Affirming in Part, Reversing in Part and Remanding (No. 43542). Respondent Hanjin has petitioned for rehearing of our order. We vacate that portion of our July 6th order that reversed the portion of the district court's order dismissing Hanjin for untimely service and remanded Docket No. 43542 for further proceedings. We hereby affirm the district court's order dismissing Hanjin in Docket No. 43542. Nos. 42805/43542. (Rehearing Denied as to Docket No. 42805). 06-26701
01/23/2007RemittiturIssued Remittitur. 07-01539
01/23/2007Case Status Update Remittitur Issued/Case Closed.
01/31/2007RemittiturFiled Remittitur. Received by County Clerk on January 25, 2007. 07-01539