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United States Court Cases

Nevada Supreme/Appellate Court Record

FRANTZ VS. JOHNSON

Case Information: 29588
Short Caption:FRANTZ VS. JOHNSONCourt:Supreme Court
Related Case(s): 36277
Lower Court Case(s):Clark Co. - Eighth Judicial District - A289406Classification:Civil Appeal - General - Other
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:09/21/1999 at 1:30 PMOral Argument Location:Las Vegas Office
Submission Date:09/21/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/25/1996Filing FeeReceived Filing Fee Paid on Filing. $100.00 from Thorndal, Backus, Armstrong & Balkenbush-Check No. 027681.
11/25/1996Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
04/09/1997MotionFiled Motion to Dismiss Appeal. Respondent's Motion to Dismiss Appeal.
04/23/1997MotionFiled Response to Motion. Appellants' Opposition to Respondents' Motion to Dismiss Appeal: Motion for Extension of Time.
04/23/1997Docketing StatementReceived Docketing Statement.
05/01/1997Other Other. Received Response to Opposition to Motion to Dismiss Appeal and Opposition to Motion for Extension of Time.
05/05/1997MotionFiled Motion. Motion for permission to file Response to Opposition to Motion to Dismiss Appeal.
05/19/1997Other Other. Filed Appellants' non-opposition to Respondent's Motion for Permission to file Response to opposition to Motion to Dismiss Appeal.
07/03/1997Order/ProceduralFiled Case Processing Order. fn1[We grant respondent's May 5, 1997, motion and direct the clerk to file the reply provisionally received on May 1, 1997]. We deny respondent's motion to dismiss this appeal and grant appellants' motions for extensions of time in part. The clerk shall forthwith file the docketing statement provisionally submitted on April 23, 1997. Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix, and either a transcript request form or a certificate of no transcript request. Attorney Terry shall personally pay respondent's counsel $750 to help defray the costs of preparing a motion to dismiss and a reply to appellants' opposition, and shall provide the clerk of this court with proof of payment within 30 days of the date of this order.
07/03/1997Other Other. Filed Response to Opposition to Motion to Dismiss Appeal and Opposition to Motion for Extension of Time.
07/03/1997Docketing StatementFiled Docketing Statement.
08/05/1997BriefFiled Brief. Appellant's Opening Brief (mailed on: 8/4/97).
08/05/1997AppendixFiled Appendix. Appellant's Appendix. *Stricken and returned by Order 9/22/97.*
08/05/1997Transcript RequestFiled Certificate of No Transcript Request.
08/08/1997Other Other. Filed Proof of Payment.
09/08/1997Other Other. Filed Petition of Johnson Business Machines for Extension of time to file Responding Brief under Nevada Rules of Appellate Procedure. Filed via Fax.
09/08/1997Other Other. Filed Petition of Respondent Johnson Business Machines for permission to file an Answering Brief in excess of 30 pages: to-wit 70 pages. Filed via Fax.
09/08/1997Other Other. Filed Petition of Respondent Johnson Business Machines for an Order directing the Clerk of the Eighth Judicial District Court to Transmit Original Exhibits. Filed via Fax.
09/10/1997Other Other. Filed Petition for Johnson Business Machines for Extension of time to file Responding Brief under Nevada Rules of Appellant Procedure. Filed via Fax 9/8/97.
09/10/1997Other Other. Filed Petition of Respondent Johnson Business Machines for permission to file an Answering Brief in excess of 30 pages: to-wit 70 pages. Filed via Fax 9/8/97.
09/10/1997Other Other. Filed Petition of Respondent Johnson Business Machines for an Order directing the Clerk of the Eighth Judicial District Court to Transmit Original Exhibits. Filed via Fax 9/8/97.
09/22/1997Order/ProceduralFiled Case Processing Order. On September 8, 1997, respondent filed motions for an extension of time to file the answering brief, for permission to file a brief in excess of 30 pages, and for an order directing the district court clerk to transmit certain original exhibits to this court. We grant respondent's motions in part. The clerk shall strike and return appellants' appendix forthwith. Appellants shall have 30 days from the date of this order to file and serve an amended appendix and to file and serve an amended opening brief if necessary. fn1[Appellants shall consult with respondent and include any documents in the amended appendix which were filed in the lower court proceedings that respondent desires included]. Thereafter respondent shall have 30 days to file and serve an answering brief which does not exceed 60 pages. The district court clerk shall transmit the original photos and video tapes marked as plaintiff's exhibits 6 through 20, 140 and 164 in the lower court proceedings to the clerk of this court forthwith. We admonish appellants' counsel for his continued disregard of the Nevada Rules of Appellate Procedure. Continued disregard of the Nevada Rules of Appellate Procedure may result in the imposition of additional sanctions including the dismissal of this appeal. (*Appellant's Appendix filed August 5, 1997, stricken and returned).
09/30/1997ExhibitReceived Exhibits (copies). Original Plaintiff's Exhibits: 6 through 20; Video Tapes 140 and 164.
10/23/1997MotionFiled Motion to Extend Time. Appellants' Motion for 60-Day Extension within which to file an Amended Appendix.
10/27/1997Transcript RequestFiled Request for Transcript of Proceedings. Court Reporter: Cathy Nelson.
10/30/1997MotionFiled Response to Motion. Response of Johnson Business Machines to Appellants Motion for sixty day extension to file Amended Appendix.
11/12/1997Other Other. Filed Certification of Ordering of Transcript and Payment and Deposit.
11/20/1997Other Other. Received Appellant's Reply in Support of its Motion for 60 Day Extension to file Amended Appendix.
11/20/1997Other Other. Filed Appellant's Request to File Reply in Support of Its Motion for 60 day Extension to file Amended Appendix.
12/22/1997AppendixReceived Appendix. Amended Appellant's Appendix, Vols. 1 and 2.
12/24/1997TranscriptFiled Transcript. Transcript of Proceedings: Non-Jury Trail - Day 1 through Day 10. Court Reporter: Anita Springs-Walker.
01/20/1998BriefReceived Brief. Appellant's Amended Opening Brief. (Mailed on: UPS 1/16/98).
07/28/1998Order/ProceduralFiled Case Processing Order. On November 14, 1997, appellants submitted a reply to respondent's opposition. fn1[On November 20, 1997, appellants filed a motion seeking the required leave of this court to file the reply. We grant the motion and direct the clerk of this court to file the reply provisionally received on November 14, 1997.] Despite appellants' derelictions, we grant the motion for an extension of time and deny respondents' request to require the posting of a supersedeas bond. The clerk shall forthwith file the Amended Appellant's Appendix received on December 22, 1997, and the Appellant's Amended Opening Brief received on January 20, 1998. Respondents shall have 30 days from the date of this order to file the answering brief.
07/28/1998Other Other. Filed Appellant's Reply in Support of its Motion for 60 Day Extension to File Amended Appendix.
07/28/1998BriefFiled Brief. Appellant's Amended Opening Brief.
07/28/1998AppendixFiled Appendix. Amended Appellant's Appendix, Vols. 1 and 2. (Mailed on: UPS 12/19/97.)
08/06/1998MotionFiled Motion to Extend Time. Motion of Johnson Business Machines for Extension of Time to file Answering Brief under Nevada Rules of Appellate Procedure.
08/17/1998MotionFiled Response to Motion. Appellant's Response to Respondent's Motion for Extension of Time to File Answering Brief.
08/26/1998Order/ProceduralFiled Case Processing Order. We grant respondent's motion. Respondent shall have to and including September 28, 1998, to file and serve an answering brief.
09/28/1998BriefFiled Brief. Respondent's Answering Brief. (Mailed on: hand delivered 9/28/98).
09/28/1998AppendixFiled Appendix. Respondent's Appendix, Volumes 1 through 8.
09/28/1998Other Other. Filed Certificate of Service: Respondents' Answering Brief and Respondents' Appendix, Volumes 1 through 8.
10/28/1998BriefFiled Brief. Appellant's Reply Brief. (Mailed on: Airborne Express-No postmark).
05/17/1999Other Other. Filed Notice of Change of Address for attorney Bill C. Hammer.
07/22/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for September 21, 1999 at the hour of 1:30 p.m. - 1/2 hr. in Las Vegas.(SNP-RR, MS, NB)
08/02/1999Letter/IncomingReceived Letter. Letter from attorney Bill Hammer requesting additional time for oral argument.
08/16/1999Other Other. Issued letter to attorney Bill Hammer informing him that requests for additional time must be made by motion.
08/23/1999MotionFiled Motion to Extend Time. Johnson Business Machines Motion for Additional Time for Oral Argument.
09/02/1999Order/ProceduralFiled Case Processing Order. Granting Motion. This appeal is currently scheduled for oral argument on September 21, 1999, at 1:30 p.m. in Las Vegas before the Southern Nevada Panel. Respondent has filed a motion for additional time to present oral argument. Argument shall be limited to one (1) hour.
09/08/1999Notice/OutgoingIssued Notice. Oral argument reminder notice.
09/21/1999Other Other. Oral Argument before the Southern Nevada Panel: submitted. SNP99B-RR/MS/NB
09/21/1999Case Status Update Submitted for Decision.
05/04/2000Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part, and remanded." Before Rose, C.J., Shearing and Becker, JJ. Per Curiam. 116 Nev. Adv. Opn. No. 53. SNP99B-RR/MS/NB 00-07240
05/31/2000RemittiturIssued Remittitur. Returned Exhibits: Plaintiff's Exhibits: 6 through 20, Vidoe Tapes 140 and 164. 00-09115
05/31/2000Case Status Update Remittitur Issued/Case Closed.
07/05/2000RemittiturFiled Remittitur. Received by County Clerk on June 21, 2000. 00-09115