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United States Court Cases

Nevada Supreme/Appellate Court Record

MUIR VS. DISTRICT COURT

Case Information: 35495
Short Caption:MUIR VS. DISTRICT COURTCourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - A404211Classification:Original Proceeding - Civil - Mandamus/Prohibition
Disqualifications:YoungCase Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:06/13/2000 at 12:00 PMOral Argument Location:Carson City
Submission Date:06/13/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/18/2000OtherDisqualification of Justice Young. Law firm of Lionel Sawyer & Collins.
01/18/2000Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Ken R. Ashworth & Associates--check no. 3404.
01/18/2000Petition/WritFiled Petition for Writ of Mandamus or Prohibition. Writ of Prohibition, or Alternatively for Mandamus, pursuant to NRS 34.320, 34.330 and 34.160. 00-00709
01/18/2000AppendixFiled Appendix. Volume 2. 00-00710
01/18/2000MotionFiled Motion for Stay. 00-00711
01/19/2000Notice/OutgoingIssued Notice of Procedural Deficiency. Affidavit of the party beneficially interested. Due Date: 7 days from the date of this order. 00-00874
01/26/2000Petition/WritFiled Affidavit in Support of Petition for Writ. Affidavit of John Benedict. 00-01319
01/27/2000MotionFiled Response to Motion. Opposition to Petitioners' Motion for Stay. 00-01349
01/31/2000Order/ProceduralFiled Order/Answer Writ Petition. Granting Temporary Stay. Answer due from the real parties in interest: 20 days from the date of this order. Petitioners have moved for a stay. The proceedings in District Court Case No. A404211 are temporarily stayed until further order of this court. 00-01501
02/03/2000MotionFiled Motion for Permission to File Document. Request to file Reply to the Opposition to Petitioners' Motion for Stay and Writ of Prohibition per N.R.A.P. 27(a). 00-01717
02/22/2000Petition/WritFiled Answer to Petition for Writ. Answer of Real Parties in Interest to Defendant Gordon Muir's and Defendant Penny Perfect's Petition for Writ of Prohibition. 00-02732
02/22/2000MotionFiled Motion. Motion for Judicial Notice of New Evidence in Support of Answer to Writ of Prohibition, or Alternatively for Remand. 00-02736
02/28/2000MotionFiled Response to Motion. Petitioners Gordon Muir and Penny Perfect's Response in Opposition to Motion for Judicial Notice of New Evidence of Alternatively for Remand. 00-03096
03/23/2000Order/ProceduralFiled Order Denying Motion. Real parties in interest have filed a motion requesting that this court take judicial notice of certain documents submitted to this court with the motion, or alternatively that this court "remand" the matter to the district court. We cannot "remand" this matter to the district court. The present matter is a writ petition, which is an original proceeding in this court. Unlike an appeal, this writ petition cannot be remanded to the district court. We therefore deny the motion. fn1[On January 31, 2000, this court entered a temporary stay. On February 3, 2000, petitioners moved to file a reply. We deny the motion as moot. The temporary stay shall remain in effect untilf further order of this court.] 00-04612
04/21/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for June 12, 2000 at the hour of 10:30 a.m. for 1/2 hour in Carson City.(NNP99B-RR/DA/ML) 00-06485
04/28/2000Notice/IncomingFiled Notice. Certificate of Mailing of Substitution of Attorneys. Law firm of Jones Vargas in place and stead of Ken R. Ashworth & Associates as counsel for petitioners. (Substitution of Attorneys filed in district court on April 19, 2000.) 00-06950
05/04/2000Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for June 13, 2000 at the hour of 12:00 p.m. for 1/2 hour in Carson City.(NNP99B-RR/DA/ML) 00-07338
05/26/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-08877
06/13/2000Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP99B-RR/DA/ML
07/07/2000Order/DispositionalFiled Order Denying Petition. " . . . we deny the petition." NNP99B-RR/DA/ML 00-11640
07/13/2000MotionFiled Motion. Motion for Order Vacating Temporary Stay of Proceedings. 00-12110
07/18/2000Order/ProceduralFiled Order Granting Motion. Order Vacating Temporary Stay. On January 13, 2000, we temporarily stayed the district court proceedings pending our review of the petition and answer. On July 7, 2000, we denied the petition. On July 13, 2000, real parties in interest filed a motion for an order vacating the temporary stay. In light of this court's July 7, 2000 order denying the petition, we grant the motion and vacate our prior stay order. 00-12387
08/01/2000RemittiturIssued Notice in Lieu of Remittitur. 00-13261
08/01/2000Case Status Update Remittitur Issued/Case Closed.