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United States Court Cases

Nevada Supreme/Appellate Court Record

ASHBAUGH VS. GUTIERREZ

Case Information: 42833
Short Caption:ASHBAUGH VS. GUTIERREZCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A447075Classification:Civil Appeal - General - Other
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Justice Becker for Justice DouglasPanel Assigned: Panel
To SP/Judge:03/09/2004 / Davidson, MichaelSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:11/15/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/24/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Albert D. Massi, Ltd.--check no. 44602.
02/24/2004Notice 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.) 04-03509
03/09/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Michael D. Davidson. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/10/2004Docketing StatementFiled Docketing Statement. 04-04533
03/11/2004Notice/Outgoing Letter. Michael D. Davidson. (docketing statement)
05/24/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 04-09531
05/28/2004Settlement 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). 04-09874
06/09/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
06/14/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/12/04. To Court Reporter: Joanie Grime. 04-10862
06/22/2004TranscriptFiled Transcript. Proceedings: January 12, 2004. Court Reporter: Joanie E. Grime. 04-11346
08/25/2004Order/ProceduralFiled Order/Show Cause. Response due from appellant: 30 days from the date of this order. We note that if Ashbaugh obtains a written order from the district court resolving the claims against Jimenez-Ramirez in response to this court, he must file an amended notice of appeal with the district court within the time frame set forth in NRAP 4(a)(1). If Ashbaugh obtains a proper order from the district court certifying its summary judgment order as final under NRCP 54(b), the notice of appeal already filed is effective and no amended notice of appeal is required. The briefing schedule in this appeal shall be suspended pending further order of this court. Respondents may file any reply within 10 days from the date that Ashbaugh's response is served. 04-15368
09/23/2004MotionFiled Response to Order to Show Cause. 04-17646
10/14/2004Order/ProceduralFiled Order/Briefing Reinstated. On August 25, 2004, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant obtained a proper NRCP 54(b) certification order that expressly directed the entry of judgment and determined that there was no just reason for delay. The notice of appeal already filed is effective and an amended notice of appeal is not required. We reinstate the briefing schedule. Appellant shall have 60 days from the date of this order to file and serve his opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-19100
12/09/2004BriefFiled Opening Brief. 04-22469
12/09/2004AppendixFiled Appendix to Opening Brief. 04-22470
04/01/2005Order/ProceduralFiled Order. to file Answering Brief. Respondents shall, within 15 days from the date of this order, file and serve the answering brief. Failure to comply timely with this order may result in the imposition of sanctions against respondents' counsel. Appellant may file a reply brief, if deemed necessary, within 30 days from service of the answering brief. 05-06414
04/15/2005BriefFiled Answering Brief. 05-07385
04/26/2005BriefFiled Reply Brief. 05-08205
11/15/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 05-22402
11/15/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06R-NB/RR/RP
12/20/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06R-NB/RR/RP 05-24790
01/17/2006RemittiturIssued Remittitur. 06-00477
01/17/2006Case Status Update Remittitur Issued/Case Closed.
01/25/2006RemittiturFiled Remittitur. Received by County Clerk on January 19, 2006. 06-00477