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United States Court Cases

Nevada Supreme/Appellate Court Record

MONTGOMERY VS. SKALICAN

Case Information: 32444
Short Caption:MONTGOMERY VS. SKALICANCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A328868Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:02/11/1999 / Mills, LamondSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/16/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/01/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Wells Fargo M.O. No. 6456004794.
06/01/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.
06/17/1998Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Toni Stoffel -- Check No. 5267.
06/17/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal.
06/22/1998Other Other. Recived proper person Appellant's Motion for Leave of Court to Appear in Proper Person, for a Settlement Conference, and to File a Docketing Statement and Briefs.
06/30/1998Order/ProceduralFiled Order. Within 30 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court the original trial court record pertaining to this appeal. 1[The record shall not include any exhibits filed in the district court.]
08/04/1998Record on Appeal DocumentsFiled Record on Appeal. Vols. 1 through 6.
09/08/1998Other Other. Received Proper Person Motion for Leave of Supreme Court to Appear in Proper Person, File a Docketing Statement and Brief. (Received original only.)
09/18/1998Other Other. Received Proper Person Motion to Enlarge Time to File Brief from Respondent/Cross-Appellant Toni E. Stoffel. (Received original and two copies - one copy returned.)
10/06/1998Other Other. Received proper person Respondent Skalica's Motion for Leave of Court to Appeal in Proper Person, and to File a Docketing Statement and Brief (Received the original only).
10/07/1998Other Other. Received proper person Appellant's Motion for Leave of Court to Appear in Proper Person, for a Settlement Conference, and to File Docketing Statement and Briefs - Second Request (Received original and two copies - 1 returned to Appellant).
10/07/1998Other Other. Received proper person Appellant's Opposition to Respondent Toni E. Stoffel's Motion to Enlarge Time to File Brief (Received the original and 2 copies - 1 copy returned to Appellant).
12/29/1998Order/ProceduralFiled Order. we have determined that each of the parties should be represented by counsel. All parties, including respondent John E. Skalican, shall have 30 days from the date of this order to retain counsel to represent them in this appeal, and to enter counsel's appearance with the clerk of this court. Failure to comply with this order may result in the immediate dismissal of their appeals. 1[All pending motions will be addressed after the parties' retained counsel have made their appearances in this matter.]
01/27/1999Notice/IncomingFiled Notice of Appearance. John Henry Wright of Dempsey, Roberts & Smith retained to represent respondent John E. Skalican.
01/27/1999Notice/IncomingFiled Notice of Appearance. John Henry Wright of Dempsey, Roberts & Smith retained to represent respondent/cross-appellant Toni Stoffel. (Docketing statement mailed to counsel.)
01/28/1999Notice/IncomingFiled Notice of Appearance. Representing appellant/Cross-Respondent Montgomery: Melvin S. Lipman (Docketing Statement mailed to counsel for appellant.)
02/11/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lamond R. Mills. (Briefing and preparation of transcripts suspended pending further order of this court.)
03/01/1999Docketing StatementReceived Docketing Statement. (Mailed on: 2/26/99).
03/05/1999Other Other. Filed Motion for Extension of Time to File Docketing Statement.
03/12/1999Order/Clerk'sFiled Clerk's Order Granting Motion. Motion filed March 5, 1999, is granted. The docketing statement provisionally submitted on March 1, 1999, shal be filed forthwith.
03/12/1999Docketing StatementFiled Docketing Statement. (Appellant/Cross-Respondent Montgomery)
03/15/1999Other Other. Filed Order. The parties having retained counsel to represent them in this matter, we deny as moot all pending proper person requests submitted by the parties.
03/15/1999Other Other. Filed Order to date, attorney John Henry Wright, counsel for respondent/cross-appellant has failed to file the docketing statement. Respondent/Cross-appellant shall within 10 days of the date of this order, file and serve the required document.
03/26/1999Docketing StatementFiled Docketing Statement. For Respondent/Cross-Appellant.
05/05/1999Other Other. Filed affidavit of Mailing.
01/31/2000Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter.
02/14/2000Other Other. Filed Order the parities were unable to agree to a settlement of this matter. The parties having filed their docketing statements, this court shall conduct a preliminary jurisdictional review of this appeal and cross-appeal. Appellant/Cross-Respondent and respondent/cross-appellant shall each have 15 days from the date of this order to file a transcript request form or certificate of no transcript request. Appellant/cross-respondent shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
02/29/2000Transcript RequestFiled Certificate of No Transcript Request. Certificate Pursuant to NRAP 9(a). (Charles Montgomery)
03/06/2000Transcript RequestFiled Certificate of No Transcript Request. Certificate Pursuant to NRAP 9(a). (Toni Stoffel and John Skalican)
06/15/2000BriefFiled Opening Brief. Mailed on: LV drop box 6/13/00.
06/15/2000AppendixFiled Appendix to Opening Brief. Appellant's Appendix, Vols 1 through 3.
07/07/2000MotionFiled Motion and Order Extending Time. Brief due: August 10, 2000.
08/14/2000BriefFiled Answering Brief. Respondent John E. Skalican and Respondent/Cross-Appellant Toni E. Stoffel. Mailed on: 8/10/00. 00-14179
08/17/2000MotionFiled Stipulation/Dismiss Appeal. Stiplation for Dismissal with Prejudice. 00-14375
08/28/2000Order/Clerk'sFiled Clerk's Order. Order Dismissing Cross-Appeal and Partially Dismissing Appeal. Pursuant to the stipulation of the parties " . . . this appeal and cross-appeal are dismissed as to respondent Toni E. Stoffel." The clerk of this court shall removed Toni E. Stoffel as respondent/cross-appellant and Charles T. Montgomery D/B/A A & A Leasing Company as cross-respondent from the caption on this court's docket. 00-15044
09/12/2000MotionFiled Motion and Order Extending Time. Brief due: October 10, 2000. 00-16058
09/18/2000Notice/IncomingFiled Proof of Service. Respondent's Answering Brief. 00-16392
09/22/2000Notice/IncomingFiled Substitution of Attorneys. 00-16803
10/11/2000MotionFiled Motion. Motion for Extension of time to file Reply Brief (second request). 00-17936
10/17/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant shall have 5 days from the date of this order to file and serve the reply brief. 00-18423
10/30/2000BriefFiled Reply Brief. Mailed on: 10/23/00. 00-19110
10/30/2000Notice/IncomingFiled Proof of Service. For Appellant's Reply Brief. 00-19112
11/06/2000Order/ProceduralFiled Order. On September 22, 2000, appellant filed a motion for substitution of attorney purporting to substitute appellant, in proper person, as attorney of record in the place of attorney Melvin S. Lipman. We elect to treat the motion for substitution of attorney as a motion to withdraw as counsel of record. We grant the motion to withdraw as counsel of record. The clerk of this court shall forthwith remove attorney Lipman as counsel of record in this matter for appellant. However, we deny the motion to the extent it purports to substitute appellant in proper person as attorney of record. Further, we deny appellant's request to file documents in proper person. Attorney Lipman shall serve a copy of this order on appellant and shall file proof of such service with the clerk of this court within 10 days from the date of this order. Appellant shall retain new counsel and cause new counsel to file a notice of appearance with this court within 30 days from the date of this order, or inform this court within the same time period that he will not be retaining new counsel. 00-19522
11/13/2000Notice/IncomingFiled Proof of Service. (Order of 11/06/00 on Charles T. Montgomery). 00-19824
01/17/2001Order/ProceduralFiled Order. Appellant shall have 20 days from the date of this order to retain new counsel and cause counsel to enter an appearance with this court. Failure to comply timely with this order may result in the immediate dismissal of this appeal as abandoned. 01-01028
02/07/2001Letter/IncomingFiled Letter. from attorney John H. Wright. This letter is to notify the Supreme Court that the parties have settled the appeal in the Montgomery vs. Skalican matter. 01-02493
03/16/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 01-04764
03/16/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-CY/ML/NB
04/02/2001Letter/IncomingFiled Letter. (Original of letter received on 3/29/01). 01-05661
04/05/2001MotionFiled Stipulation/Dismiss Appeal. (fax copy - no original signatures - original to follow). 01-05893
05/30/2001Order/DispositionalFiled Stipulated Dismissal. On February 7, 2001, respondent submitted a letter notifying this court that the parties had reached a settlement in this appeal. On April 5, 2001, the parties faxed a stipulation to dismiss this appeal to the clerk of this court. To date, the parties have not filed the original document with this court. Because neither party has challenged the sufficiency of the faxed document, we elect to suspend the requirements of NRAP 25(2)(d). We approve the parties' stipulation and ' . . . dismiss this appeal.' On February 7, 2001, appellant submitted a proper person motion for clarification of our January 17, 2001, order that directed him to obtain new counsel for this appeal Appellant has neither requested nor been granted leave to file documents in proper person. Nevertheless, we direct the clerk of this court to file appellant's motion received on February 7, 2001. Because we grant the parties' stipulation to dismiss this appeal, we deny appellant's motion for clarification as moot. NNP01A-MS/DA/RR 01-08989
05/30/2001MotionFiled Proper Person Motion. Motion for Clarification of Order, or in the Alternative, for Extension of Time to Obtain Legal Counsel. 01-02453
05/30/2001Case Status Update Case Closed. No remittitur issued.
05/30/2001RemittiturIssued Return Letter. Returned Record on Appeal, Vols. 1 through 6 this day. 01-09034
06/21/2001RemittiturFiled Letter: Entered Receipt for Documents. Received by County Clerk on June 1, 2001. 01-09034