judyrecords
search tips
750 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

ZURICH U.S. INSURANCE VS. DISTRICT COURT C/W 33780, 34436

Case Information: 33968
Short Caption:ZURICH U.S. INSURANCE VS. DISTRICT COURT C/W 33780, 34436Court:Supreme Court
Consolidated: 33780 *, 33968, 34436 Related Case(s): 33780 , 34352 , 34436
Lower Court Case(s):Clark Co. - Eighth Judicial District - A360332Classification:Original Proceeding - Civil - Certiorari/Mandamus
Disqualifications:Maupin, YoungCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/30/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Schuering Zimmerman & Scully-check no. 37887.
03/30/1999Petition/WritFiled Petition for Writ. Petition for Writ of Mandate and Writ of Certiorari; Memorandum of Points and Authorities in Support Thereof. 99-02320
03/30/1999MotionFiled Motion for Stay. Emergency Motion for Stay and Request for Joinder or Consolidation or Intervention with Supreme Court Case No. 33780. 99-02321
03/30/1999OtherDisqualification of Justice Young. Law firm of Lionel, Sawyer & Collins.
05/04/1999Order/ProceduralFiled Order Granting Motion. We hereby consolidate the above-entitled matters for all appellate purposes. The real parties in interest, on behalf of respondents, shall have 20 days from the date of this order to file an answer to the petition in No. 33968. fn1[An answer was ordered in Docket No. 33780 on March 10, 1999. The March 10 order also granted petitioner Pengilly's motion for a stay pending this court's consideration of the petition. Real parties in interest filed an answer in Docket No. 33780 on March 30, 1999. Nos. 33780, 33968.
05/24/1999Petition/WritFiled Answer to Petition for Writ. Respondent's Brief re: Zurich U.S. Insurance Company's Petition for Writ of Mandate, or Alternatively, Writ of Certiorari. Filed in 33780 only. (Nos. 33780, 33968).
06/07/1999MotionFiled Motion. Motion to File Respondent's Brief Re: Petitioner Pengilly's Supplemental Authorities Re: Contempt (nos. 33780/33968). 99-04720
06/11/1999MotionFiled Motion. Motion to vacate order entered in violation of supreme court stay (nos. 33780 & 33968). 99-04979
06/11/1999MotionFiled Motion. Emergency Motion for Stay and to consolidate appeal with these writ proceedings (nos. 33780 & 33968). 99-04982
06/14/1999Notice/IncomingFiled Proof of Service. Certificate of Mailing Re: Emergency Motion for Stay and to Consolidate appeal with these Writ Proceedings (nos. 33780/33968). 99-05083
06/14/1999Notice/IncomingFiled Proof of Service. Certificate of Mailing Re: Motion to Vacate Order Entered in Violation of Supreme Court Stay (nos. 33780/33968). 99-05086
06/15/1999Notice/IncomingFiled Proof of Service. Service on Judge Loehrer (nos. 33780 & 33968). 99-05162
06/21/1999MotionFiled Response to Motion. Respondent's Opposition to Pengilly's Motion to Vacate Order Entered in Violation of Supreme Court Stay. Nos. 33780, 33968 99-05407
06/21/1999MotionFiled Response to Motion. Respondent's Opposition to Pengilly's Emergency Motion for Stay and to Consolidate Appeal with Writ of Proceedings Nos. 33780, 33968 99-05408
07/14/1999MotionFiled Motion. Motion for Permission to File Responsive Letter (Nos. 33780, 33968) 99-06297
07/21/1999MotionFiled Response to Motion. Respondent's Notice of Non-Opposition and Clarification re: Motion for Leave to File Responsive Letter. Nos. 33780, 33968. 99-06572
08/19/1999MotionFiled Motion. Joinder in Response to Judicial Request for Supplemental Points and Authorities in Support of Joint Petition for Writ of Mandamus, or, Alternatively, Writ of Certiorari filed June 30, 1999. (Nos. 33780, 33968) 99-07760
08/18/2000Notice/IncomingFiled Substitution of Attorneys. Substitution of Attorneys and Notice of Withdrawal of Designated Counsel. Law firm of Lauria Tokunaga & Gates, and Raymond Gates and Anthony Lauria as counsel for petitioner Zurich U.S. Insurance, and withdrawal of Kim Mandelbaum as counsel for petitioner Zurich U.S. Insurance. Nos. 33780/33965. Doc. No. 00-14506
08/29/2000Order/ProceduralFiled Order. On August 18, 2000, petitioner Zurich U.S. Insurance filed a substitution of attorneys and a notice of withdrawal of designated counsel. To be effective under SCR 46, a substitution of counsel must be signed by the client, former counsel and new counsel. The filed document was signed only by new counsel. To cure the defect in this document, petitioner may, within 10 days from the date of this order, file a supplement to the substitution and notice of withdrawal that contains the necessary signatures. Unless a supplement is timely filed, no further action will be taken with regard to petitioner's substitution of attorneys and notice of withdrawal. Nos. 33780, 33968. Document No. 00-15127.
09/19/2000Notice/IncomingFiled Notice. Zurich U.S. Insurance, by and through its counsel Anthony D. Lauria, gives notice of withdrawal of designated counsel, Kim Mandelbaum. Nos. 33780/33968 Doc. No. 00-16549
09/19/2000Notice/IncomingFiled Substitution of Attorneys. Zurich Insurance substitutes Lauria Tokunaga & Gates, LLP in place and stead of Schuering Zimmerman & Scully, LLP. Nos. 33780/33968. Doc. No. 00-16552
09/21/2000Order/ProceduralFiled Order. Order Re: Motions. Docket Nos. 33780 and 33968 were consolidated on May 4, 1999. We hereby consolidate Docket No. 34436 with these cases as well. On April 19, 1999, petitioners in Docket No. 33780 filed a motion to file supplemental authorities concerning contempt. On June 7, 1999, real parties in interest filed a motion for leave to file responsive authorities. These motions are granted. We direct the clerk of this court to file the supplemental authorities received from petitioner on April 13, 1999, and the responsive authorities received from real parties in interest on June 1, 1999. On June 11, 1999, petitioners in Docket Nos. 33780 and 33968 filed a motion for stay and to consolidate the appeal in Docket No. 34352 with these petitions. Real parties in interest filed a response on June 21, 1999. It appears that this motion should properly have been filed in Docket No. 34352. However, the appeal was dismissed on August 18, 200. The motion is denied as moot. Petitioners' motion for permission to file a responsive letter, filed on July 14, 1999, to which real parties in interest responded on July 21, 1999, concerns the appeal in Docket No. 34351, and is denied as moot. On July 20, 1999, this court ordered petitioners in Docket No. 34436 to demonstrate that a writ petition was the appropriate vehicle for challenging the district court's order. Petitioners in docket No. 34436 filed a response on August 19, 1999. Joinders in the response were filed by petitioners in Docket Nos. 33780 and 33968 on that same day. We conclude that a writ petition is the appropriate procedure by which to seek relief. On June 11, 1999, petitioners in Docket Nos. 33780 and 33968 filed a motion entitled 'Motion to Vacate Order Entered in Violation of Supreme Court Stay.' Real parties in interest opposed the motion on June 21, 1999. We conclude that to the extent petitioners' motion challenges the merits of the district court's order, such arguments are best considered in the context of the writ petition itself, not in the context of a motion pursuant to NRAP 27. Accordingly, we will not address them here. The motion to vacate the district court's written order on the basis that it violated this court's stay orders is denied. fn1[It appears that the real parties in interest acknowledge that this court's stay orders of March 10, 1999, and May 4, 1999, apply to stay enforcement of the district court's May 10, 1999, written order. To clarify this issue, we hereby order that enforcement of the May 10, 1999, order is stayed pending further order of this court. Nos. 33780, 33968, 34436. Document No. 00-16705.
09/21/2000BriefFiled Supplemental Brief. Respondent's Brief Re: Petitioner Pengilly's Supplemental Authorities Re: Contempt. Nos. 33780, 33968. 99-04527
10/12/2000Notice/IncomingFiled Notice of Change of Address. Law firm of Lauria Tokunada & Gates.
01/24/2001Letter/IncomingFiled Letter. from Laxalt and Nomura advising the Court that the Petitioners and Real Parties in Interest have agreed to a contingent settlement agreement in case nos. 33780/33968/34436. Document No. 01-01572
01/31/2001Letter/IncomingFiled Letter. from attorney Gregory F. Dahl advising the Court that the Petitioners and Real Parties in Interest have agreed to a contingent settlement agreement in case nos. 33780/33968/34436.
01/31/2001Letter/IncomingFiled Letter. from attorney David N. Frederick advising the Court that the Petitioners and Real Parties in Interest have agreed to a contingent settlement agreement in case nos. 33780/33968/34436.
02/02/2001Letter/IncomingFiled Letter. from attorney Raymond R. Gates advising the Court that the Petitioners and Real Parties in Interest have agreed to contingent settlement agreement in case nos. 33780/33968/34436. Document No. 01-02254
02/21/2001MotionFiled Motion to Dismiss Petition. Stipulation to Dismiss Writ Proceedings. Nos. 33780/33968/34436. (01-03274)
03/12/2001Order/DispositionalFiled Order Dismissing Petition. Order Dismissing Petitions. Pursuant to the stipulation of the parties and cause appearing, " . . . these petitions are dismissed." The parties shall bear their own costs and attorneys' fees. NNP/CLK Nos. 33780/33968/34436. 01-04367
03/12/2001Case Status Update Case Closed. No remittitur issued.