BENCHMARK INS. CO. VS. SPARKS

Case Information: 46623
Short Caption:	BENCHMARK INS. CO. VS. SPARKS	Court:	Supreme Court
Lower Court Case(s):	Clark Co. - Eighth Judicial District - A484447	Classification:	Civil Appeal - General - Other
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:	01/25/2006 / Segel, M.	SP Status:	Completed
Oral Argument:	02/17/2011 at 10:00 AM	Oral Argument Location:	Regional Justice Center
Submission Date:	02/17/2011	How Submitted:	After Oral Argument

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
01/18/2006	Filing Fee	Filing Fee due.
01/18/2006	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.)		06-01217
01/18/2006	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
01/26/2006	Settlement Notice	Issued Notice: Assignment to Settlement Program. Settlement Judge: M. Nelson Segel . (Briefing and preparation of transcripts suspended pending further order of this court.)
02/01/2006	Filing Fee	Received Filing Fee Paid on Filing. $250.00 from Cotkin, Collins, & Ginsburg--check no. 14017.
02/17/2006	Notice/Outgoing	Issued Notice to File Docketing Statement.
03/06/2006	Docketing Statement	Filed Docketing Statement. Appellant Robert Sparks. Issued Notice to Provide Proof of Service on Settlement Judge.		06-04908
03/07/2006	Filing Fee	Filing Fee due.
03/07/2006	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal. Benchmark Insurance Company.		06-04988
03/07/2006	Notice/Outgoing	Issued Notice to Pay Supreme Court Filing Fee. Due Date: 10 days
03/08/2006	Notice/Outgoing	Letter. M. Nelson Segel (Supplemental Notice of Appeal).
03/09/2006	Filing Fee	Received Filing Fee Paid on Filing. $250.00 from Lewis Brisbois Bisgaard & Smith, LLP--check no. 3288.
03/29/2006	Notice/Outgoing	Issued Notice to File Docketing Statement. Appellant Benchmark.
04/12/2006	Docketing Statement	Filed Docketing Statement. Appellant Benchmark Insurance.		06-07715
04/17/2006	Notice/Incoming	Filed Proof of Service. -Benchmark Insurance Company's Docketing Statement served on settlement judge.		06-08067
06/15/2006	Settlement Program Report	Filed Interim Settlement Program Report. The settlement conference is continued.		06-12510
06/28/2006	Other	Other. Response to Settlement Conference Status Report filed June 15, 2006.		06-13293
09/19/2006	Settlement Program Report	Filed Interim Settlement Program Report. The settlement conference is continued to the following date: September 22, 2006. Nos. 46623/47582-cases are not consolidated.		06-19303
10/20/2006	Settlement Program Report	Filed Interim Settlement Program Report. The settlement conference is continued. Nos. 46623/47582-cases are not consolidated.		06-21661
10/31/2006	Other	Returned Mail. Set. Conf. Status Report filed 10/20/06 addressed to Albert Massi remailed to corrected address. Nos. 46623/47582.
11/06/2006	Settlement Program Report	Filed Interim Settlement Program Report. The settlement conference is continued to the following date: November 16, 2006. Nos. 46623/47582-cases are not consolidated.		06-22700
11/27/2006	Settlement Program Report	Filed Final Report/No Settlement. The parties were unable to agree to a settlement of this matter. Nos. 46623/47582-cases are not consolidated.		06-24181
11/28/2006	Other	Returned Mail. Set. Conf. Status Report filed 10/20/06 addressed to Albert Massi remailed to corrected address (second time) and also, Set. Conf. Status Report filed on 11/06/06. Nos. 46623/47582.
12/05/2006	Other	Returned Mail. Set. Conf. Status Report filed 11/27/06 addressed to Albert Massi remailed to corrected address. Nos. 46623/47582.
02/02/2007	Settlement Order/Procedural	Filed 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); 90 days to file and serve opening brief and appendix.		07-02715
02/26/2007	Notice/Outgoing	Issued Notice to Request Transcripts. Appellant Benchmark and Appellant Sparks.		07-04512
03/05/2007	Transcript Request	Filed Request for Transcript of Proceedings. Appellant/Respondent Benchmark Ins. Co.. Transcripts requested: 01/09/06. To Court Reporter: Jill Hawkins.		07-05170
03/05/2007	Transcript	Filed Transcript. Proceedings: 1/9/06. Court Reporter: Jill Hawkins.		07-05243
04/05/2007	Motion	Filed Motion for Stay. Respondent-Appellant Robert M. Sparks' Motion for Stay.		07-07650
04/16/2007	Motion	Filed Motion. in Motion for Stay of Appeal.		07-08503
04/26/2007	Motion	Filed Stipulation. to Stay the Appeal.		07-09410
05/02/2007	Motion	Filed Stipulation. (Robert M. Sparks)		07-09783
05/18/2007	Order/Procedural	Filed Order Granting Motion. and Approving Stipulation to Stay Appeal. We stay this appeal pending resolution in Docket No. 47582. All pending deadlines in this appeal are stayed.		07-11103
04/01/2008	Notice/Incoming	Filed Substitution of Attorneys. Attorney Ken Bick in place and stead of Lewis, Brisbois, Bisgarrd & Smith.		08-08152
05/19/2009	Motion	Filed Motion. Request that Supreme Court Re-Institute Briefing Schedule.		09-12383
06/26/2009	Order/Procedural	Filed Order/Show Cause. Each appellant: 30 days to file response. Briefing schedule suspended. Fn1 [We defer ruling on the 5/19/09 request].		09-15884
07/17/2009	Motion	Filed Response to Order to Show Cause. Appellant Benchmark Insurance Company.		09-17594
07/29/2009	Motion	Filed Reply to Response to Order to Show Cause. Respondents Universal Underwriters' Insurance Co.		09-18549
07/30/2009	Order/Procedural	Filed Order/Briefing Reinstated. Each Appellant: Transcript Request Forms due: 15 days. Opening Briefs and Appendix due: 90 days.		09-18694
08/10/2009	Motion	Filed Response to Order to Show Cause. Respondent's Petition for Rehearing of Nevada Supreme Court's Order Reinstating Briefing.		09-19451
08/10/2009	Filing Fee	Returned Filing Fee. Check No. 5126 returned to Moran Law Firm LLC.
08/13/2009	Transcript Request	Filed Certificate of No Transcript Request. Respondent/Cross-Appellant Sparks.		09-19727
10/21/2009	Notice/Incoming	Filed Substitution of Attorneys. Michael J. Nunez, Murchison & Cumming in the place and stead of Cotkin & Collins.		09-25697
10/26/2009	Motion	Filed Stipulation. Stipulation Extending Time for Opening Briefs (N.R.A.P. 31(a)).		09-26136
10/26/2009	Motion	Filed Motion to Extend Time. Motion for Extension of Time for Opening Brief; Affidavit of Ellen M. Tipping. (Appellant Sparks).		09-26180
10/27/2009	Notice/Incoming	Filed Errata. Notice of Errata to Motion for Extension of Time for Opening Brief.		09-26288
11/24/2009	Brief	Filed Opening Brief. Appellant Benchmark Insurance Company's Opening Brief.		09-28647
11/24/2009	Appendix	Filed Joint Appendix. Vol. 1.		09-28649
11/24/2009	Appendix	Filed Joint Appendix. Volume 2.		09-28652
11/24/2009	Appendix	Filed Joint Appendix. Vol. 3.		09-28666
11/24/2009	Appendix	Filed Joint Appendix. Vol. 4.		09-28667
11/24/2009	Appendix	Filed Joint Appendix. Vol. 5.		09-28668
11/24/2009	Brief	Received Opening Brief. Via E-Flex. (Respondent/Appellant Sparks) (Filed per Order 5/6/10.)
12/17/2009	Motion	Filed Stipulation. Respondent Universal Underwriters and Respondent/Appellant Sparks.		09-30665
12/21/2009	Brief	Received Answering Brief. Via E-Flex. (Respondent, Robert Sparks' Answering Brief) (Filed per Order 5/6/10.)
03/18/2010	Order/Procedural	Filed Order/Show Cause. Appellants shall have 30 days from the date of this order within which to show cause why this appeal should not be dismissed as moot. Respondents shall then have ten days from service of appellants' response to file any reply. Briefing is suspended. fn1[ A rehearing petition is properly addressed to this court's final disposition of the appeal, NRAP 40, not an interim procedural order. We therefore construe the document as a motion for reconsideration and defer ruling on the motion, pending the parties' response to this order.]		10-07226
03/30/2010	Motion	Filed Response to Order to Show Cause.		10-08275
04/13/2010	Motion	Filed Reply to Response to Order to Show Cause. Respondent's Reply to Appellant, Benchmark Insurance Company's Response to Nevada Supreme Court's Order to Show Cause. (Respondent Universal Underwriters)		10-09686
04/19/2010	Motion	Filed Response to Order to Show Cause. Appellant Robert M. Sparks' Response to Order to Show Cause. (Respondent/Appellant Sparks)		10-10227
04/30/2010	Motion	Filed Reply to Response to Order to Show Cause. Respondent, Universal Underwriters Insurance Company's Reply to Appellant, Robert M. Sparks' Response to Nevada Supreme Court's Order to Show Cause.		10-11176
05/06/2010	Order/Procedural	Filed Order. Denying Motion for Reconsideration, Dismissing Certain Respondents, and Granting Extensions of Time. Accordingly, we deny Universal's motion for reconsideration of our order reinstating briefing in this matter. The documentation before us, however, indicates that the following respondents have no interest in the outcome of this appeal, and we therefore dismiss the appeal as to them: Julie Killeen, Margaret Morgan, John Michael Oakes, Sr., individually and as administrator of the estate of John Michael Oakes, Jr. and Edward T. Rincon. We grant the motion and approve the stipulation, and we direct the clerk of this court to file Sparks' opening brief provisionally received on November 24, 2009. We approve the stipulation and direct the clerk to file Sparks' answering brief, provisionally received on December 17, 2009. Universal shall have 30 days from the date of this order to file and serve its answering brief. Accordingly, Benchmark shall likewise have 30 days from the date of this order to file and serve its answering brief. Finally, Benchmark and Sparks shall each have 30 days from service of the outstanding answering briefs to file and serve any reply brief(s).		10-11671
05/06/2010	Brief	Filed Opening Brief. Appellant's Opening Brief. (Respondent/Appellant Sparks)		10-11730
05/06/2010	Brief	Filed Answering Brief. Respondent, Robert Sparks' Answering Brief		10-11731
06/07/2010	Brief	Filed Reply Brief. Appellant Benchmark Insurance Company's Reply Brief		10-14536
06/08/2010	Brief	Filed Answering Brief. Respondent Universal Underwriters Insurance Company's Answering Brief to Appellant Robert M. Sparks' Opening Brief.		10-14685
06/08/2010	Brief	Filed Answering Brief. Respondent Universal Underwriters Insurance Company's Answering Brief to Appellant Benchmark Insurance Company's Opening Brief.		10-14686
06/15/2010	Notice/Outgoing	Issued Notice to File Answering Brief. Respondent Benchmark Insurance Company.		10-15495
06/16/2010	Notice/Incoming	Filed Notice. Notice to the Court. (In response to the notice issued on 06/15/10).		10-15622
06/29/2010	Brief	Filed Reply Brief. Appellant Benchmark Insurance Company's Reply Brief as to Universal Underwriters' Answering Brief. (Appellant/Respondent Benchmark Ins. Co.)		10-16979
07/01/2010	Motion	Filed Stipulation. Appellant Robert M. Sparks Reply Brief as to the Respondent's Answering Brief filed on behalf of Universal Underwriters' Insurance Company. (30) days. (Respondent/Appellant Sparks)		10-17119
07/01/2010	Notice/Outgoing	Filed Notice Motion/Stipulation Approved. Reply Brief due date: August 9, 2010. (Appellant/Respondent Sparks)		10-17141
08/09/2010	Brief	Filed Reply Brief. Reply Brief of Appellant/Respondent Robert M. Sparks.		10-20516
12/15/2010	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral argument is scheduled for February 17, 2011 at 10:00 a.m. in Las Vegas for 30 minutes before the Southern Nevada Panel. (SNP11-NS/JH/RP)		10-32819
02/02/2011	Notice/Outgoing	Issued Oral Argument Reminder Notice.		11-03343
02/17/2011	Notice/Incoming	Filed Notice of Appearance. Willaim D. Naeve and Bradley T. Wibicki of Murchison & Cumming as counsel for Robert M. Sparks.		11-05084
02/17/2011	Case Status Update	Oral argument held this day. Case submitted for decision the Southern Nevada Panel. SNP11-NS/JH/RP
07/07/2011	Opinion/Dispositional	Filed Authored Opinion. "Affirmed." Before Saitta, Hardesty and Parraguirre, JJ. Author: Parraguirre, J. 127 Nev. Adv. Opn. No. 33.		11-20156
08/01/2011	Remittitur	Issued Remittitur.		11-23040
08/01/2011	Case Status Update	Remittitur Issued/Case Closed.
08/11/2011	Remittitur	Filed Remittitur. Received by District Court Clerk on August 8, 2011.		11-23040
08/24/2011	Notice/Outgoing	Issued Letter to Publishers with corrections to recently filed opinions. Nos. 50262/52496, 54779, 55159, 49732, 51629, 53436/54173, 55228, 50668, 57649, 53518, 54165, 46623, and 53225/53340. (Letter entered in 50262 as document no. 11-26481.)