| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 01/24/2002 | Filing Fee | Filing Fee due. | | |
| 01/24/2002 | Order/Incoming | Filed Order Certifying Question to Nevada Supreme Court. Received from U.S. District Court for the District of Nevada. | | 02-01697
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| 02/01/2002 | Order/Procedural | Filed Order. Pursuant to NRAP 5(c)(3), a certification order "shall set forth . . . the names of the appellant and respondent." If the United States District Court or any party believes that the caption as set forth on this order does not accurately designate the parties for purposes of briefing this matter, they shall so inform this court in writing within 20 days from the date of this order. We hereby set forth the following parallel briefing schedules. fn1[The briefing schedules set forth in this order are subject to modification in the event the caption is hereafter modified.] Appellant Westchester Fire Insurance Company and appellants ATC/Vancom, Inc., and related entities, shall have 90 days from the date of this order to file and serve their opening briefs and appendices. Respondents to the appeal of Westchester Fire and the appeal of ATC/Vancom, Inc., and related entities, shall have 30 days from service of the opening briefs to file and serve answering briefs. Finally, appellant Westchester Fire Insurance Company and appellants ATC/Vancom, Inc., and related entities, shall have 30 days from service of the answering briefs to file and serve reply briefs. SCR 42 provides that a person who is not a member of the State Bar of Nevada but who is a member in good standing of the bar of any United States Court or of the highest court of any state, may represent a client in a particular cause pending in a court of this state by filing an appropriate application with the State Bar of Nevada and a motion with the court in which the cause is pending. Mr. Lon Harris of the California law firm of Harris & Green, counsel for appellant/respondent Westchester Fire Insurance Company, Mr. Barry Montgomery of the Illinois law firm of Williams Montgomery & Johns, Ltd., counsel for respondent Assurance Company of America, and Mr. Stephen Novack of the Illinois law firm of Novack and Macey, counsel for respondents/appellants ATC/Vancom, Inc., and related entities, shall comply fully with the provisions of SCR 42. Pursuant to NRAP 5(e), the supreme court filing fee "shall be equally divided between the parties" to a certification proceeding. Accordingly, appellants and respondents shall, within 20 days from the date of this order, pay the $200 filing fee to the clerk of this court. NRS 2.250(1). | | 02-02122
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| 02/12/2002 | Motion | Filed Response to Order to Show Cause. The Vancom Parties' Response to the February 1, 2002, Order and Motion to Amend the Caption. | | 02-02783
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| 02/21/2002 | Filing Fee | Received Filing Fee Paid on Filing. $66.00 from Hutchison & Steffen, Ltd. - check no. 14197. | | |
| 02/21/2002 | Filing Fee | Received Filing Fee Paid on Filing. $67.00 from Santoro, Driggs firm - check no. 5752. | | |
| 02/21/2002 | Filing Fee | Received Filing Fee Paid on Filing. $67.00 from Berkley, Gordon firm - check no. 6847. | | |
| 02/21/2002 | Motion | Filed Response to Order to Show Cause. Response of Westchester Fire Insurance Company to the February 1, 2002 Order Re Designation of Parties. | | 02-03303
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| 03/28/2002 | Motion | Filed Motion. Motion to Associate Counsel - Lon Harris. | | 02-05574
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| 03/28/2002 | Motion | Filed Motion. Motion to Associate Counsel - Gary L. Green. | | 02-05575
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| 04/02/2002 | Motion | Filed Motion. Motion to Associate Counsel - Stephen Novack. | | 02-05856
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| 04/10/2002 | Motion | Filed Motion. Motion to Associate Counsel C. Barry Montgomery. | | 02-06341
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| 04/10/2002 | Motion | Filed Motion. Motion to Associate Counsel Alyssa Mara Campbell. | | 02-06344
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| 05/02/2002 | Brief | Filed Opening Brief. Opening Brief of Appellant, Westchester Fire Insurance Company on first Two Certified Questions. Mailed on: Fed Ex 05/01/02. Signed by: Louis E. Garfinkel. | | 02-07707
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| 05/02/2002 | Appendix | Filed Appendix to Opening Brief. Appellant Westchester Fire Insurance Company's Appendix to Opening Brief. Vols. 1 and 2. | | 02-07713
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| 05/02/2002 | Motion | Filed Motion. Motion for Leave to file an Amicus Curiae Brief and for an Order Shortening Time to hear this Motion. | | 02-07732
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| 05/03/2002 | Brief | Filed Opening Brief. Appellant Vancom's Opening Brief (Regarding Certified Questions 1 and 2-Applicable to Westchester Only). Mailed on: Fed Ex 05/02/02. Signed by: Anthony A. Zmaila. | | 02-07855
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| 05/03/2002 | Brief | Filed Opening Brief. Appellant Vancom's Opening Brief (Regarding Certified Questions 3, 4 and 5-applicable to Assurance Only). Mailed on: Fed Ex 05/02/02. Signed by: Anthony A. Zmaila. | | 02-07856
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| 05/03/2002 | Appendix | Filed Joint Appendix. | | 02-07857
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| 05/10/2002 | Motion | Filed Motion. Motion for Leave to file Brief of the Nevada Trial Lawyers Association as Amicus Curiae in Support of Position of Appellants. | | 02-08240
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| 05/13/2002 | Order/Procedural | Filed Order. This matter involves five questions certified to this court by the United States District Court for the District of Nevada. Every party that filed a claim below – whether designated a plaintiff, counter-claimant, third-party plaintiff or cross-claimant – was designated an appellant in the caption in this matter. Further, every party that was designated a defendant, counter-defendant, third-party defendant or cross-defendant in the matter below was designated a respondent in the caption in this matter. The Vancom Parties filed a response to this court's February 1, 2002, order on February 12, 2002, and Westchester filed a response on February 21, 2002. Having reviewed the parties' responses to this court's order entered on February 1, 2002, we conclude that it is not necessary, for purposes of briefing, to designate either appellant Westchester or appellants Vancom Parties as sole appellants in this matter. Further, we perceive no prejudice in allowing both appellant Westchester and appellants Vancom Parties to brief Questions 1 and 2. Accordingly, the caption in this matter – which presently lists both Westchester and the Vancom Parties as appellants – shall not be modified. Further, as appellant Westchester and appellants Vancom Parties have each filed opening briefs, the parallel briefing schedules set forth in our order entered on February 1, 2002, shall remain in effect. The respondents to appellant Westchester's appeal and the respondents to appellants Vancom Parties' appeal shall each have 30 days from the date of this order to file and serve answering briefs. Thereafter, appellant Westchester and appellants Vancom Parties shall have 30 days to file and serve reply briefs. | | 02-08324
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| 05/14/2002 | Motion | Filed Response to Motion. Appellant Vancom's Objection to American Insurance Association's Motion for Leave to File Amicus Curiae Brief | | 02-08445
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| 05/20/2002 | Motion | Filed Response to Motion. Westchester Fire Insurance Company's Response in Opposition to Motion for Leave to File Brief by the Nevada Trial Lawyers Association as Amicus Curiae. | | 02-08803
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| 05/20/2002 | Letter/Incoming | Filed Letter. from law firm of Williams Montgomery & John Ltd. confirming that all answering briefs are due on June 12, 2002. | | 02-08863
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| 05/22/2002 | Motion | Filed Response to Motion. Vancom's Objection to Westchester's Response in Opposition to the Motion for Leave to File Amicus Curiae Brief filed by the Nevada Trial Lawyers Association. | | 02-09042
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| 05/23/2002 | Brief | Received Amicus Brief. Amicus Curiae Brief of the Nevada Trial Lawyers Association. | | 02-09143
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| 06/06/2002 | Order/Procedural | Filed Order. We grant the motions to associate. Mr. Harris and Mr. Green shall be permitted to appear on behalf of Westchester, Mr. Novack shall be permitted to appear on behalf of the Vancom parties, and Mr. Montgomery and Ms. Campbell shall be permitted to appear on behalf of Assurance for the purposes of this appeal. We remind Nevada counsel of record that they are responsible for all matters presented by the parties in this matter. On May 2, 2002, American Insurance Association (AIA) filed a motion for leave to appear as amicus curiae in support of Westchester and Assurance, as respondents to the appeal of the Vancom parties. Because it appears that the filing of an amicus brief by AIA may assist this court in answering the certified questions, we grant AIA's motion. On May 10, 2002, Nevada Trial Lawyers Association (NTLA) filed a motion for leave to appear as amicus curiae in support of the Vancom parties. Based on a cursory review of the amicus brief submitted by NTLA, it appears that the amicus brief may assist this court in answering the certified questions. Accordingly, we grant NTLA's motion. The clerk of this court shall file NTLA's amicus brief received May 23, 2002. Because we have granted AIA's and NTLA's motions, we amend the parallel briefing schedules in this matter as follows.
Appeal of Westchester:
The Vancom parties and Assurance shall each have 30 days from the date of this order to file an answering brief to Westchester's opening brief. Thereafter, Westchester shall have 30 days to file and serve a reply brief. NRAP 31(a)(1).
Appeal of the Vancom parties:
Westchester and Assurance shall each have 30 days from the date of this order to file and serve (1) an answering brief to the Vancom parties' opening brief and (2) an answering brief to NTLA's amicus brief in support of the Vancom parties' opening brief. AIA shall have 30 days from the date of this order to file and serve its amicus brief in support of Westchester's and Assurance's answering briefs. Finally, the Vancom parties shall have 30 days after service of the above-mentioned briefs to file and serve a single, combined reply brief to Westchester's answering brief, Assurance's answering brief and AIA's amicus brief in support of Westchester's and Assurance's answering briefs. In the event the Vancom parties require more than 30 pages to file a combined reply brief, they may file an appropriate motion for leave to file an excess page brief. | | 02-09898
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| 06/06/2002 | Brief | Filed Amicus Brief. Amicus Curiae Brief of the Nevada Trial Lawyers Association. | | 02-09143
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| 06/07/2002 | Motion | Filed Motion to Extend Time. Respondent Assurance Company of America's Motion to Extend Time to File Brief. | | 02-09971
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| 06/10/2002 | Order/Clerk's | Filed Clerk's Order. filed June 7, 2002. Pursuant to the order of this court entered on June 6, 2002, amending the parallel briefing schedules in this appeal, Assurance's answering brief is not due to be filed until July 8, 2002. The motion is therefore denied as moot. | | 02-10050
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| 07/01/2002 | Notice/Incoming | Filed Notice. Notice of Settlement and Request to Stay All Further Briefing as to the Certified Questions. | | 02-11262
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| 07/05/2002 | Order/Procedural | Filed Order Granting Motion. filed July 1, 2002. The parties indicate they will be seeking a dismissal of the U.S. District Court action and requesting the U.S. District Court to formally withdraw, as moot, the certified questions pending before this court. Cause appearing, we grant the motion. The briefing of this matter shall be stayed pending further order of this court. | | 02-11454
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| 08/12/2002 | Letter/Incoming | Filed Letter. Letter from Justin L. Quackenbush, Senior United States District Judge informing this court that this matter has been fully settled and compromised. | | 02-13733
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| 08/15/2002 | Other | Other. Filed Order Withdrawing Certification to the Nevada Supreme Court filed in U.S. District Court on August 12, 2002. | | 02-13991
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| 08/22/2002 | Order/Dispositional | Filed Voluntary Dismissal. Order Dismissing Proceedings. On august 12, 2002, the Honorable Justin L. Quackenbush, Senior United States District Judge, filed a letter stating that the matter pending in United States District Court "has been fully settled and compromised and therefore there is not further need for your court to rule upon the issues certified to it by this court." Attached to the letter is a copy of an "Order withdrawing Certification to the Nevada Supreme Court." Because the United States district court for the district of Nevada has withdrawn its certification, " . . . we dismiss this matter." See NRAP 5. NNP02-MS/RR/NB | | 02-14404
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| 08/22/2002 | Case Status Update | Case Closed. No remittitur issued. | | |